Mumbai Court August 1993 Judgments
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Shripat Vishram Angre Vs. Phoenix Mills Ltd. and ors.
Court: Mumbai
Decided on: Aug-05-1993
Reported in: (1994)ILLJ885Bom
S.H. Kapadia, J.1. By this writ petition under Article 226 of the Constitution, the petitioner-worker seeks to challenge order of the Labour Court dated August 30, 1988 and order of the Industrial Court dated January 4, 1990 in Application (BIR) No. 612 of 1984 and Appeal (IC) No. 308 of 1988 respectively. 2. The facts giving rise to this writ petition are as follows:- (a) The petitioner was in the employment of respondent No. 1 Mills as an Operator for 22 years. (b) From January 18, 1982, a general strike in the cotton textile industry in the city of Bombay commenced and continued thereafter. The said Mills was kept closed for some time on account of tension. It is not in dispute that the said strike was subsequently declared as illegal by the Labour Court. The petitioner preferred an approach letter on June 19, 1984 under Section 42 of the Bombay Industrial Relations Act, 1946 read with Rule 53 of the Bombay Industrial Relations Rules, inter alia, alleging that he had repeatedly rep...
Dr. Ms. Varsha Shredhar Ambalkar Vs. the State of Maharashtra and ors.
Court: Mumbai
Decided on: Aug-05-1993
Reported in: 1994(3)BomCR382
H.W. Dhabe J. 1. The petitioner challenges in this Writ Petition the requirement of three years experience for a Dental Surgeon for admission to the Post Graduate Dental Course in the subject in which she has applied in the reserved category of In-service personnel as arbitrary, discriminatory and violative of Article 14 of the Constitution of India.2. Briefly the facts are that the petitioner obtained a Degree of Bachelor of Dental Surgery (for short `the B.D.S.') in June, 1988 from Nagpur University. She was thereafter duly registered as Dentist with the Maharashtra State Dental Council under the provisions of the Dentist Act, 1948. After obtaining the B.D.S. Degree, the petitioner worked as a Clinical Assistant/House Surgeon from 2-9-1988 to 1-9-1989 i.e. for a total period of one year in the Dental College and Hospital Belgaun of the Karnatak Liberal Education Society, which is a recognised Institution. She was thereafter appointed as tutor (which designation was subsequently chang...
Khalid Kasam Shaikh Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-04-1993
Reported in: 1994CriLJ2165
ORDER1. These three criminal applications for bail raise a common point of law in so far as the solitary ground canvassed before me by learned Counsel appearing on behalf of the applicants was that the case is squarely covered by the decision of my brother Shah, J. dated 4-1-1992 in Criminal Application No. 3606 of 1992. That was also an application for bail under the provisions of the Narcotic Drugs and Psychotropic Substance Act, 1985 and the contention advanced was that where there are a series of arrests, one leading to the other, that the subsequent applicant is entitled to contend that even if he is charged with an offence under the Act that he cannot be put in trial along with other accused as the offence would be distinct and separate and that it would result in misjoinder of charges. My brother Shah, J. in the case before me had observed that the prosecution had contended that they do not desire to separate the trials and in that view of the matter that the accused would be en...
Nehawa Steel Traders Vs. Union of India
Court: Mumbai
Decided on: Aug-04-1993
Reported in: 1993LC185(Bombay); 1993(68)ELT721(Bom)
Pendse, J. 1. The petitioners imported 78.255 Metric Tonnes of Silicon coated Low Carbon Electrical Steel Sheet Cuttings and the consignment arrived in Bombay on May 23, 1984. The petitioners filed Bill of Entry for home consumption on May 19, 1984. The goods were tested and the test report indicates that the consignment is of carbon defective cuttings. The Customs authorities declined to clear the goods and served query memo calling upon the petitioners to explain as to how the import was permissible under the licences held by the petitioners. The action on the part of the respondents gave rise to the filing of this petition under Article 226 of the Constitution of India on June 11, 1984. 2. The learned Single Judge by order dated June 15, 1984 permitted the petitioners to clear the consignment on certain terms. The order of the learned Judge specially provides that the respondents are at liberty to serve show cause notice and pass appropriate adjudication order. It is not in dispute ...
Parmanand Industries Vs. Union of India
Court: Mumbai
Decided on: Aug-04-1993
Reported in: 1993(68)ELT726(Bom)
Pendse, J.1. The petitioners are a partnership firm and were exporters of cotton readymade garments. The exporters of cotton readymade garments were entitled to cash assistance under the Export Assistance Scheme which was applicable from April 1978 till withdrawal with effect from January 1, 1979. The petitioners made exports between January 1, 1979 to March 31, 1979 in respect of the contracts which were entered into prior to January 1, 1979. The petitioners applied for cash assistance in respect of the said goods but the claim was not entertained by the Indian Cotton Mills Federation. The petitioners thereupon filed writ petition No. 1858 of 1981 in this Court against the Union of India for a direction to make payment of cash assistance. This Court by judgment dated January 13, 1984 directed the Union of India to examine the contract set out in the writ petition and determine whether the contracts were entered into prior to January 1, 1979 even if the actual export was subsequent to ...
Prabhakar Kushaba Hagwane and ors. Vs. Yashwant Bhau Hagwane Since Dee ...
Court: Mumbai
Decided on: Aug-04-1993
Reported in: 1994(1)BomCR368; (1993)95BOMLR571
V.A. Mohta, J.1. A point of some interest and importance pertaining to sections 24 and 36-A of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 ('the Act') falls for consideration in this Second Appeal.2. The undisputed factual background against which the question falls for determination is this. A scheme for consolidation of holdings as contemplated by Chapter III of the Act, was framed for village Ghorwad, Taluka Sinnar, District-Nasik. As per the procedure, draft scheme was prepared, objections were invited and thereafter the scheme was prepared under section 20. Notification about enforcement of scheme as contemplated under section 21 was also published by the Settlement Commissioner in the Official Gazette. According to Original Plaintiff Yashwant, he entered into possession of certain holdings allotted to him in the scheme in the year 1965. So also Original Defendants entered into possession of the holdings allotted to them. The Consolidation Office...
Y.G. Mali Vs. the Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Aug-04-1993
Reported in: 1994(1)BomCR433
A.V. Savant, J.1. This is a petition by an advocate from Dhule seeking the cancellation of bail granted to the third respondent Harshad Mehta under two different orders : the first is the Order passed on the 27th August, 1992 by the learned Special Judge (justice Variava) in Remand Application No. 24 of 1992 in R.C. Case No. 8 of 1992 and the other is the bail granted on the 9th September 1992 by the Additional Chief Metropolitan Magistrate in R.A. No. 363 of 1992 which relates to the violation of the provisions of the Foreign Exchange Regulation Act, 1973 (for short, 'F.E.R.A.'). The bail granted by the learned Magistrate in the F.E.R.A. case has been confirmed by this Court while dismissing Criminal Application No. 2595 of 1992 on September 21, 1992. The first respondent is the Union of India, through the Central Bureau of Investigation, which is the investigating agency, in connection with the offences triable under the Special Court (Trial of Offences relating to transactions in se...
Dadasaheb Chauhan Satkar Samiti, Through Executive Members Vs. the Sta ...
Court: Mumbai
Decided on: Aug-04-1993
Reported in: 1994(3)BomCR682
V.S. Sirpurkar, J.1. As many as 17 petitioners have challenged the order passed by the Assistant Charity Commissioner, Amravati, by which the Assistant Charity Commissioner has directed them to form a trust-deed in respect of amount of Rs. 32,866.05 ps., which is lying with the State Bank of India, Branch Digras. By these directions the Assistant Charity Commissioner has also directed the Branch Manager to operate the Bank account only after the registration of public trust. The following facts will highlight the grievance of the petitioner.2. On 28-4-1974, one body called 'Dadasaheb Chavan Satkar Samiti' was formed by about 23 people. The said 23 people, who formed the said Felicitation Committee decided to felicitate one Dadasaheb Chavan respondent No. 3 herein for his humane service in the field of education. This Committee entertained only an idea to felicitate said Shri Dadasaheb Chavan respondent No. 3 and offer him a purse of Rs. 61,000/- by way of gratitude felt by the society ...
Maharashtra Agro-Chemicals and Fertilizers Vs. Deoram Baburao Gavade ( ...
Court: Mumbai
Decided on: Aug-04-1993
Reported in: (1993)95BOMLR785
V.A. Mohta, J.1. This Second Appeal is filed by the original plaintiff-Messrs. Maharashtra Agro-Chemicals and Fertilizers, whose suit for recovery of Rs, 4,928/- against original Defendent Deoram (since deceased)-the Respondent, has been dismissed in Appeal by the District Judge, Pune, on the ground of limitation.2. The defendant used to purchase goods from the plaintiff on credit and used to make payment of the price from time to time. Purchases continued upto 1970, Some payments were made thereafter. On 11th August, 1975, accounts were settled. A sum of Rs. 4,400 was found due from the defendant. Defendant put signature on the revenue stamps affixed on the account book, endorsing that a sum of Rs. 4,400 was due and that he would repay the said amount on or before ensuing Diwali. Amount was not paid Legal notice was issued but with no response, and hence, suit for recovery of the principal sum along with interest at the rate of 12% per annum was filed in the year 1976. Defendant resis...
Reserve Bank of India Vs. State Bank of India
Court: Mumbai
Decided on: Aug-03-1993
Reported in: [1996]85CompCas554(Bom)
S.M. Jhunjhunuwala, J. 1. By Company Petition No. 123 of 1993 the Reserve Bank of India (RBI for short) seeks that the offer of the State bank of India (SBI for short) for purchase of the Bombay branch of Bank of Credit and Commerce International (Overseas) Ltd. (Bombay branch of BCCI for short) on the terms and conditions as contained in the draft agreement, exhibit 'G' thereto, be approved by this court and the provisional liquidator of the Bombay branch of BCCI be directed to effect the sale thereof to the SBI and/or its subsidiary to be formed. The provisional liquidator of the Bombay branch of BCCI has submitted the report bearing No. 63, dated March 5, 1993, and has sought that approval of this court be accorded to the said offer of the SBI and the provisional liquidator be authorised to execute the agreement and take necessary steps for completion of sale. 2. Briefly stated, the relevant facts are as under : (a) The Bank of Credit and Commerce (Overseas) International Ltd. was i...
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