Mumbai Court April 1994 Judgments
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Juhu Parle Education Society and Others Vs. State of Maharashtra and O ...
Court: Mumbai
Decided on: Apr-22-1994
Reported in: AIR1994Bom279; 1994(2)MhLj1542
ORDERPendse, J.1. Both these petitions filed under Article 226 of the Constitution of India challenge the policies and decisions adopted by Maharashtra State Board of Secondary and Higher Secondary Education and which are to take effect from academic year 1994-95. The petitioners claim that the curriculum and the pattern for study of languages prescribed in English Medium Schools have the effect of eradicating Gujarathi language.The Juhu Parle Education Society is registered under Bombay Public Trust Act and runs a school known as Utpal Shanghavi School which was founded some time in year 1982. The school imparts training in English medium and the petitioners in Writ Petition No. 1009 of 1994 claim that the Educational institution is set up by linguistic minority and is entitled to protection of Articles 29 and 30 of the Constitution of India. Writ Petition No. 1083 of 1994 is preferred by parents who claim that their children are undertaking education in schools situated in Greater Bo...
Mateus Silveira Vs. the Administrative Tribunal of Goa, Daman and Diu ...
Court: Mumbai
Decided on: Apr-22-1994
Reported in: 1995(1)BomCR684
E.S. Da Silva, J.1. The petitioner who is a tenant of the ground and the first floor of House No. 177, situated at Fr. Miranda Road, Margao, owned by the respondent No. 2 and wherein he carries on the business of a Hotel and Restaurant under the name and style of 'Bambino Hotel' challenges in this petition the judgment of the Administrative Tribunal which has ordered his eviction from the suit premises and directed him to hand over its vacant possession to the respondent No. 2.2. The respondent No. 2 had filed an application to the Rent Controller against the petitioner seeking his eviction from the premises, being Case No. 48 of 1981 under section 22(2)(p)(i)(c) and (d) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 (hereinafter called 'the Act') on the main ground that the petitioner was indulging in the use of the said premises for immoral purposes, namely, for carrying on prostitution on large scale. By judgment dated 15-3-1990 the Additional Rent ...
Jaywant Bhaskar Sawant Vs. Board of Trustees of the Port of Bombay and ...
Court: Mumbai
Decided on: Apr-20-1994
Reported in: 1995(1)BomCR126; [1995(70)FLR368]
ORDER1. The petitioner used to work as a Hamal in Chief Engineer's Department of Bombay Port Trust, the petitioner used to work under the Superintending Engineer Shri S. M. Naik, since inception and had an excellent record of service as admitted by Shri S. M. Naik during course of his testimony at the criminal trial of the petitioner as well as in the Departmental Enquiry. The petitioner was charged with theft before the Court of the Metropolitan Magistrate 33rd Court, Ballard Pier, Bombay in Case No. 1829/B of 1988. By an order dated 23rd December 1988, the petitioner was honourably acquitted. The learned Magistrate inter alia recorded in his judgement an under :- 'thus it appears that it is a haste of complainant which caused harassment of accused. Even Police machinery also without making proper investigation filed this charge-sheet in spite of the fact that there are no additional circumstances on record that accused (meaning thereby the petitioner) removed property from one place ...
Ramchandra Nama Adhav Vs. Union of India
Court: Mumbai
Decided on: Apr-20-1994
Reported in: 1995(1)BomCR137; [1995(70)FLR642]; 1995(1)MhLj73
M.F. Saldhanha, J. 1. Two points of law arise for decision in this Second Appeal, the first being the question as to whether the judicial review is permissible by a Civil Court in relation to the disciplinary proceedings that have gone through the full exercise of a Departmental Enquiry or in other words, put very briefly, whether the Civil Court would be justified in virtually sitting in Appeal over such Departmental disciplinary proceeding. More importantly, the cardinal issue canvassed is as whether in cases where the incident is trivial and the evidence both patchy and shaky, a department of the Government is at all justified in law in flittering away public time and money by going through the exercise of disciplinary proceedings, not to mention the harassment, torture and trauma, to which the employee is subjected. Put more briefly, the point that crystallises is as to whether or not there exists a responsibility on the concerned Department to first ascertain as to whether there e...
Ramrao S/O. Vishram Tanpure Vs. Bholaram Mohanlal Firm
Court: Mumbai
Decided on: Apr-20-1994
Reported in: 1994(3)BomCR547
A.D. Mane, J.1. This appeal is directed on behalf of the defendant against the judgment and decree directing the defendant to pay to the respondent plaintiff-firm a sum of Rs. 20,270.50 ps. with proportionate costs together with interest from the date of the suit till realisation at the rate of 15% per annum.2. The plaintiff is a registered firm carrying on the business of commission agent in the name and style of 'Bholaram Mohanlal', at Kadrabad, Bombay. The defendant was its customer who used to sell the agriculture produce through the plaintiff firm. There is an account in the name of the defendant with the plaintiff firm. For the year Samvat 2030-31, a sum of Rs. 10,907.75 ps. was outstanding in the name of the defendant. Coupled with the said amount, an amount of Rs. 19,000/- was paid in cash in the name of the Appellant on 27-6-1974 and on settlement of the account, a balance of Rs. 20,271.60 ps. was found due and payable by the defendant to the plaintiff firm. The plaintiff firm...
Deoraj Deju Suvarna and Etc. Vs. State of Maharashtra
Court: Mumbai
Decided on: Apr-19-1994
Reported in: 1994(4)BomCR85; 1994CriLJ3602
Vishnu Sahai, J. 1. Since Confirmation Case No. 3 of 1993 and the bunch of the aforesaid three appeals arise out of the same set of facts we propose disposing them off by a common judgment. The five appellants in the three connected criminal appeals, namely (1) Maria John Dyanprakash Nadar, (2) Raju alias Rajendra Vijayan Pille Nair, (3) Guru Nadar Keshav Naikar, (4) Rajendra Mohan Kalmadi and (5) Devraj Deju Suvarna were convicted by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 587 of 1991, under the below enumerated counts : (a) 143 I.P.C. (b) 147 I.P.C. (c) 148 I.P.C. (d) 302/149 I.P.C. in the alternative under section 302 read with Section 34 of I.P.C. for murdering Pramod Manual Kakde, and (e) 302/149 I.P.C. or in the alternative under section 302 read with 34 I.P.C. for murdering Anil Namdeo Shirsat. As they were sentenced to death on both the counts under section 302 read with 34 I.P.C. the learned trial Judge did not award them a separate sentence on ...
Maharashtra Pradesh Rashtriya Koyla Khadan Kamgar Sangh (intuc) Vs. Ma ...
Court: Mumbai
Decided on: Apr-19-1994
Reported in: 1994ACJ1040; 1996(1)BomCR98; [1995(70)FLR168]; (1999)IIILLJ142Bom; 1994(2)MhLj1370
A.A. Desai, J.1. In respect of compensation payable for the injuries, the parties, pursuant to section 28 of the Workmen's Compensation Act, submitted the agreement dated 12-4-1982 for registration. By order dated 21-9-1982, the Commissioner refused to register. 2. In these appeals, the submission of Shri Pendharkar, the learned Counsel for the appellant, is that having regard to the scheme of section 28(1)(d) of the Act read with Rule 51 of Workmen's Compensation Rules, the Commissioner is under obligation to make further enquiry whether the compensation agreed upon is just and adequate. Refusal to register the agreement does not relieve the Commissioner from the statutory duty to probe into the aspect. Directing the workmen to approach the Commissioner under section 22 of the Act would lead to multiplicity of the proceedings. As such, non-exercise of power has contravened the provisions of beneficial legislation. 3. At the time of verification of agreement dated 12-4-1982, workmen we...
National Bicycle Corporation of India Ltd. Vs. Gopal B. Keluskar and O ...
Court: Mumbai
Decided on: Apr-19-1994
Reported in: 1995(1)BomCR472; (1995)ILLJ525Bom; 1995(1)MhLj140
D.R. Dhanuka J. 1. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks to impugn an award dated 27th October 1993, made by the Industrial Tribunal, Maharashtra, Bombay, in Reference (IT) No. 40 of 1984. 2. By the said impugned award, the Industrial Tribunal has held that the retrenchment of the services of respondents Nos. 1 to 6 by Hind Cycles Ltd., on various dates referred to in the petition i.e., on or about 21st October, 1975 was void ab initio and non est for non compliance of the provisions of the Industrial Disputes Act, 1947 etc. By the said Award, the Industrial Tribunal has declared that the workmen concerned are entitled to the benefit of continued employment and back wages etc., from the date of their purported termination onwards in view of the provisions contained in Section 13(1) of Hind Cycles Ltd. and Sen-Raleigh Ltd. (Nationalisation) Act, 1980. By the said award, the Industrial Tribunal has directed the petitioner to pay all s...
Premchand Pratapmal Surana Vs. the State of Maharashtra
Court: Mumbai
Decided on: Apr-19-1994
Reported in: 1995(1)BomCR72
S.S. Dani, J.1. The applicant before this Court challenges the order dated 5-4-1994 of the Additional Sessions Judge, Aurangabad, in Criminal Revision No. 103 of 1994 setting aside the orders of the 2nd Judicial Magistrate, First Class, Aurangabad, dated 28-3-1994 granting Magisterial Custody Remand and subsequently the order of bail.2. Few facts which are relevant for the disposal of this revision may be stated thus :One Manohar Kshirsagar lodged a complaint with Kranti Chowk police station, Aurangabad on 27th March, 1994 alleging offences punishable under sections 420, 468, 471 and 477A read with 34, Indian Penal Code against the applicant-accused. It is alleged that the accused is the proprietor of Vinod Enterprises, from whom the complainant purchased a television set on instalments by paying Rs. 2,700/- in cash out of total price of 9,370/-. It is alleged that his signatures were secured on some papers by the accused at the time of this transaction on 21st December, 1988. On 21st ...
Press N. Forge Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-15-1994
Reported in: (1994)(74)ELT894Tri(Mum.)bai
1. An application has been made for restoring the appeal which was earlier dismissed for non-prosecution. It was pleaded that there was misplacement of the hearing notice, on account of which they could not attend the hearing.2. Shri Mukesh Shah regretted the same and pleaded for taking back the appeal for disposal.3. After hearing both sides, I agree to his request and thereafter proceeded to hear the arguments on the merits of the appeal.4. The appeal is against the Order in Appeal No. GS/1070/BII/92, dated 8-1-1993 rejecting the appellant's appeal.5. The facts of the case are that the appellants are manufacturing transformer parts. They bring copper scrap from outside as one of the inputs, which they wanted to send under Rule 57F(2) for converfsion into rods and castings by job workers. These rods and castings returned by the job workers are subject to further machining and converted into machine parts. In that process, scrap is further generated, which they sought to send to job w...
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