Mumbai Court June 1994 Judgments
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Walchandnagar Industries Ltd. Vs. Employees' State Insurance Corporati ...
Court: Mumbai
Decided on: Jun-28-1994
Reported in: (1999)IIILLJ193Bom
D.R. Dhanuka, J. 1. Walchandnagar Industries Limited has filed this appeal against the order passed by the Employees' State Insurance Court, Poona on August 18, 1979, in Application (ESI/LCP)No. 9 of 1978. 2. The appellant filed the above referred application before the Employees' State Insurance Court, Pune under Section 75 of the Employees' State Insurance Act. The only question which, arises for consideration of this Court in this appeal is as to whether the appellant is covered under the Employees' State Insurance Act. The appellant has its factory at Walchandnagar, Taluka Indapur District Pune. The said factory is not covered under the provisions of the Act as the provisions of the Act are not applicable in the area where the factory is situate. The question before the Court is as to whether the commercial establishment of the applicant is a 'shop' and is accordingly covered by and under the provisions of the said Act. The trial Court by its well considered judgment dated August 1...
Mrs. Hetal Suresh Sawant of Bombay Vs. A.S. Samra, Commissioner of Pol ...
Court: Mumbai
Decided on: Jun-28-1994
Reported in: 1995(1)BomCR389
M.S. Rane, J.1. The petitioner herein is the wife of one Suresh Sahadev Sawant who is detained under the order dated 4th November, 1993 issued by the 1st respondent Commissioner of Police, Greater Bombay in exercise of the powers conferred by sub-section (2) of section 3 of the National Security Act read with Government Order No. Home Department (Special) No. NSA. 2393/1/SPL-3 (B) dated 7th October, 1993 with a view to prevent the detenu in acting in any manner prejudicial to the maintenance of public order.2. The impugned order dated 4th November, 1993 was served and executed on 26th February, 1994 and detenu has been detained in Central Prison at Nasik.3. In support of the detention order the detaining authority has relied upon the material which comprises of one incident in respect of which crime has been registered against the detenu and his associate by the Kandivali Police Station who is a sponsoring authority and 5 statements of the witnesses recorded in in-camera, keeping the i...
Shri Mariano Silveria Vs. Antonio Silveira and ors.
Court: Mumbai
Decided on: Jun-28-1994
Reported in: 1995(1)BomCR487
E.S. Da Silva, J.1. This writ petition is challenging the judgment and judgment and order of the Administrative Tribunal, dated 10th May, 1990, in Eviction Appeal No. 41/85 which has affirmed the judgment and order of the Additional Rent Controller, dated 30-4-1985, in Case No. Rent/ARC/73/79. By the aforesaid order the learned Additional Rent Controller has allowed an application of the respondent No. 1 under section 32(4) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 (hereinafter called the Act), stopped the proceedings instituted by the respondent No. 1 against the petitioner and directed the petitioner to put the respondent No. I/landlord in possession of the suit premises within sixty days from the date of the order.2. The respondent No. 1 had filed an application for eviction against the petitioner before the Rent Controller on 15-9-1979 on the ground that the petitioner was irregular in the payment of rents and since March, 1979 he was in arrea...
Khair Mohamed Reas Mohamed Vs. State of Maharashtra
Court: Mumbai
Decided on: Jun-27-1994
Reported in: 1994(4)BomCR196
1. This appeal is preferred by the original plaintiff against decree dated 16th September 1976 passed by the Bombay City Civil Court at Bombay in Suit No. 7274 of 1975. The plaintiff filed the above referred suit (a) for a declaration that the plaintiff was a citizen of India; (b) for a declaration that in any event the plaintiff was not a foreigner in 1955 when he is alleged to have travelled to India on a Pakistan Passport and (c) for a permanent injunction restraining the defendants from deporting the plaintiff out of India or from taking any action against the plaintiff under the Foreigners Act. By the said decree, the trial Court dismissed the above referred suit. Being aggrieved by the said decree of dismissal of the said suit, the plaintiff has preferred this appeal. Parties to the appeal are hereinafter referred to as the plaintiff and defendant for the sake of convenience. 2. The plaintiff averred in the plaint that the plaintiff was born in Nipani in Belgaum District situated...
Tata Engineering and Locomotive Company Limited Vs. the State of Mahar ...
Court: Mumbai
Decided on: Jun-27-1994
Reported in: 1996(1)BomCR382
V.S. Sirpurkar, J.1. The petitioner has approached this Court by a petition under section 482 of the Code of Criminal Procedure, 1973 invoking the inherent powers of this Court and in the process challenged the orders passed by the Chief Judicial Magistrate dated 6-12-1993 and 11-12-1993. They prayed that the custody of the Tata Diesel Vehicle in question should be handed over in their favour and their application to the Chief Judicial Magistrate in their behalf be allowed.2. A short resume of the facts would highlight the controversy.The petitioner is a Company incorporated under the Companies Act and deals in Tata Diesel Vehicles. There is a Hire Purchase Scheme of the Company. The non-applicant No. 2 - Awatarsingh Niranjansingh Saini was a person who was interested in hire purchase of Tata diesel truck. He, therefore, entered into an agreement of hire purchase with the Company. He was to pay the instalments as fixed in the Hire Purchase Agreement. It is an admitted case that in purs...
Kishan Khashapa Gogawale Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jun-27-1994
Reported in: 1994(4)BomCR399
M.F. Saldanha, J.1. The appellant in this case, who at the relevant time was working as Talathi, Saja Urali Devachi, is alleged to have demanded Rs. 100/- as a bribe from the complainant, Bhairu Shripati Holkar, and received the same on 29-8-1986. The prosecution alleges that Bhairu had complained to the Anti-Corruption Bureau Authorities, who arranged for a trap. According to the prosecution the complainant, Bhairu, along with the Panchas met the accused in the office on 29-8-1986. The reason for the demand as set out by the complainant is that he had purchased two lands in a connection with which there was an enquiry under the Bombay Tenancy & Agricultural Lands Act. Furthermore, he contends that he had remained absent on two occasions and that the Talathi had served a notice on him and warned him that if did not remain present in the enquiry that his lands will be forfeited to the Government. He states that having been so pressurised, the accused told him that if he (Bhairu) paid Rs...
Smt. Krishna and Others Vs. Deepak Chhabra and Others
Court: Mumbai
Decided on: Jun-24-1994
Reported in: 1995ACJ1192; AIR1995Bom130; (1994)96BOMLR654
ORDERLodha, J. 1. The appellants, who are claimants, widow, minor daughter and minor son of deceased Anilkumar Bhattacharya, have preferred this appeal under Section 110D of the Motor Vehicles Act, 1939 for enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Nagpur in Claim Petition No. 96 of 1983, Smt. Krishna v. Deepak Chhabra, on 3rd of May 1985 whereby the learned Tribunal has passed an award in favour of the claimants for a sum of Rs. 1,55,000/- after deducting the interim compensation under Section 92A for a sum of Rs. 15,000/- against the respondents 1and 3 and also awarded interest at the rate of 6% per annum from the date of application till the date of realisation and proportionate costs.2. The claimants claimed a sum of Rs. 6,05,000/- for untimely death of Shri Anilkumar Bhattacharya due to the accident which was caused by rash and negligent act of the truck driver bearing truck No. MTG-4500 being driven by the respondent No. 2. It was averred in ...
The Life Insurance Corporation of India and another Vs. Smt. Brazinha ...
Court: Mumbai
Decided on: Jun-24-1994
Reported in: AIR1995Bom223; 1995(2)BomCR458; (1994)96BOMLR222; [1995]82CompCas440(Bom); 1995(1)MhLj30
1. This appeal is directed against the judgment of the learned Civil Judge, Senior Division, Panaji, dated 29th September, 1989 in Special Civil Suit No. 201 / 87/ A whereby (he learned Judge has allowed the prayer of the plaintiff/ respondent (hereinafter called 'the respondent') and directed the defendants/appellants (hereinafter called 'the appellants') to pay to the respondent a sum of Rs. 50,000/- with 6% interest thereon till the date of payment with costs.2. The respondent had filed the suit stating that her late husband Andrew Sebastiao D'Souza had insured with Life Insurance Corporation of India, the appellant No. 1, and the proposal was given to them against a receipt for Rs. 3265/- issued by the Mapusa Branch dated 22-7-1981. The said proposal was submitted by the duly authorized agent of the appellants with all the documents and medical report. Thus the policy should have been issued by the appellants in the normal course. The respondent's husband was holder of another poli...
G. Pandurang Kotmire Vs. Kolhapur Janata Central Co-operative Consumer ...
Court: Mumbai
Decided on: Jun-24-1994
Reported in: (1995)IILLJ507Bom
B.N. Srikrishna, J. 1. This petition under Article 227 of the Constitution of India impugns an order of the Industrial Court, Kolhapur, dated 4th November, 1985, made under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the Act'). 2. The respondent is a Consumers Co-operative Society carrying on its business at Kolhapur. The petitioner was employed as Mestry in the service of the Respondent in its Bakery Section with effect from 17th July, 1972. On the same day, another employee by name Shaikh was also employed as a Mestry in the service of the Respondent. On or about 1st April. 1974, the State Government formulated and implemented a scheme known as 'Nutrition Scheme' under which it entered into a contract with the respondent-firm for supply of large quantity of bread in different towns and cities within Maharashtra. The contract awarded by the State Government to the respondent under the Nu...
Khandu Krishna Bhogade Vs. Kalyani Steel Ltd. and Others
Court: Mumbai
Decided on: Jun-24-1994
Reported in: [1995(70)FLR159]; (1995)IILLJ314Bom
B.N. Srikrishna, J.1. Though the facts are slightly different in these two writ petitions under Article 227 of the Constitution of India, the question of law which is required to be decided in both the writ petitions is the same. The Respondents are the same and the petitioners are the workmen of the First Respondent. Hence it would be convenient to dispose of both writ petitions by a common judgment. First, a short recital of the relevant facts in both petitions. 2. Writ Petition No. 5603 of 1986 : (a) The petitioner was served with the charge-sheet dated 11th November, 1978, alleging that on 10th November, 1978, at about 5-40 p.m., he along with some other workmen assaulted the staff members of the First Respondent who had joined duty, while they were on their way home by bicycle about 50 meters from the gate of the factory. At the material time there was a strike called by the Union of Workmen to which the petitioner belonged. Some of the other workmen of the First Respondent did no...
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