Mumbai Court June 1994 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Nikhil Shah Vs. the Union of India (Uoi), Through the Secretary to the ...
Court: Mumbai
Decided on: Jun-20-1994
Reported in: 1995(1)BomCR141
R.G. Vaidyanatha, J.1. This is Habeas Corpus petition filed under Article 226 of the Constitution of India. Respondents have filed objections. Lengthy arguments were heard by spreading over about 9 days.2. Relevant facts necessary for the disposal of this petition are as follows:The detenu in this case is one Niranjan Jayantilal Shah. Petition is filed by detenu's brother in law. It appears, on credible information, the Officers of Income Tax Department searched the premises of the detenu bearing flat Nos. 201, 202, 301 and 302 on 30th and 31st May, 1992 in the presence of the detenu. During this search huge foreign currency and some incriminating documents were seized. Statement of the detenu was recorded on 30-5-1992 and also on subsequent dates. The statement of the detenu disclosed that he had purchased foreign currency from unaccounted money and the detenu intended to import some machinery for his business. Seized foreign currency and copies of relevant documents were handed over ...
Dodhu Ghana Patil Vs. Chandas Ghana Patil and anr.
Court: Mumbai
Decided on: Jun-20-1994
Reported in: 1995(1)BomCR408
A.D. Mane, J.1. The material facts which gave rise to the filing of this writ petition may be stated as under:2. The petitioner and the respondent No. 1 are brothers. Their father and mother died some time in 1936. Their joint family owned three agricultural lands and the house at Nashiradad. In or about 1943, partition took place. In the partition two lands were given to the share of the respondent No. 1 and the petitioner was allotted one land. The house was divided equally. The dispute, however, started in regard to the land gut No. 231 admeasuring 6 hectares 13 acres situated at village Markhede. The petitioner's claim is that he was the tenant on the land and he became owner by virtue of the provisions contained in section 32(2) of the Tenancy Act. He is a certified owner. That fact has been totally denied by the respondent No. 1, according to whom, the land was adjoin family tenancy land. The respondent No.1, therefore, claimed his half share in the said land. On account of that ...
Neelabai Mahadeo Salunke and ors. Vs. Shamrao Tatoba Pawar and ors.
Court: Mumbai
Decided on: Jun-20-1994
Reported in: I(1995)ACC184
D.R. Dhanuka, J.1. This appeal involves consideration of important question of law relating to interpretation and application of Section 110-AA of the Motor Vehicles Act, 1939.2. This is an appeal by the original applicants against an order dated 8th January, 1986 passed by the learned Commissioner for Workmen's Compensation Case No. (LCS) 1 of 1980. By the impugned order, the learned Commissioner dismissed the above referred application as not maintainable in law by invoking Section 110-AA of the Motor Vehicles Act, 1939.3. Section 110-AA of the Motor Vehicles Act, 1939 reads as under:110-AA. Notwithstanding anything contained in the Workmen's Compensation Act, 1923 (8 of 1923), where the death of or bodily injury to any person gives rise to a claim for compensation under this Act and also under the Workmen's Compensation Act, 1923 (8 of 1923) the person entitled to compensation (may, without prejudice to the provisions of Chapter VII-A claim such compensation) under either of those A...
Shrimati Ratnabai, Adv. W/O Narayanrao Naik and Another Vs. Shri Satwa ...
Court: Mumbai
Decided on: Jun-17-1994
Reported in: AIR1995Bom61; (1994)96BOMLR662
1. Rule was obtained at the instance of the applicants/original defendants and is directed against the order passed by the learned Addl. District Judge, Pusad, below Exh. 13 i.e. the application for grant of Police Aid filed by the opposite party i.e. therespondent/applicant under Section 151 of the Code of Civil Procedure, on 1st of December, 1993.2. The applicants are the appellants in Misc. Civil Appeal No. 10/93 and also the original defendants in Regular Civil Suit No. 102/93 pending before the 3rd Joint Civil Judge, Jr. Dn., Pusad. The Regular Civil Suit is filed by the respondent/ plaintiff for declaration and temporary injunction against the applicant/defendants Smt. Ratnabai w/o Narayanrao Naik and her son Girish s/o Narayanrao Naik, contending that he is the owner of area admeasuring 0.70 Hectors out of survey No. 1 situated at Mouza Dhansala, Tah. Pusad, Dist. Yavatmal.The applicant/original defendant Smt. Ratnabai is a step-mother of the respondent/plaintiff Shri Satwarao N...
State of Maharashtra, Through Collector, Bhandara Vs. Maimuna Begam W/ ...
Court: Mumbai
Decided on: Jun-17-1994
Reported in: AIR1994Bom353
ORDERLodha, J.1.This appeal has been filed by the State of Maharashtra through the Collector, Bhandara under S. 96 of the Code of Civil Procedure, 1908 against the judgment and decree dated 5th of May, 1990 passed by the Civil Judge, Senior Division, Bhandara in Special Civil Suit No.82 of 1985 Maimunabegum v. State of Maharashtra whereby he passed the decree in favour of plaintiff and directed the defendants to return to the plaintiff the golden ornaments weighing 28 1/2 tolas or the gold of equal weight or in the alternative to pay the present value of the gold weighing 281/2 tolas and also directed the defendants to return cash of Rs. 80,000/- to the plaintiff along with costs of the suit.The plaintiff-Maimunabegum filed suit as indigent person on 19-3-1980 in the Court of the Civil Judge, Senior Division. Bhandara against the defendants stating therein that on 19-1-1977 the defendants 4, 5 and 6 came to the house of plaintiff and searched the same; the said persons forcibly took th...
Maharashtra State Co-operative Cotton Growers Marketing Federation Ltd ...
Court: Mumbai
Decided on: Jun-17-1994
Reported in: (1996)IIILLJ658Bom
1. This Writ Petition under Article 227 of the Constitution of India Impugns an Order dated January 8, 1986 made by the Industrial Court, Nasik, in Complaint (ULP) No. 75 of 1985. 2. The Petitioner is a Federation of Co-operative Societies of Cotton Growers in Maharashtra. The First Respondent is the President of the Maharashtra Marketing Federation Employees Union, Dhule, and is a seasonal employee. 3. Cotton-growing being a seasonal industry, the Petitioner and its predecessor, Maharashtra State Marketing Federation Ltd., used to give employment to seasonal employees during different periods during different seasons. There was a demand made by the employees of the petitioner-Corporation that a minimum guaranteed term of employment in each season should be made available to the seasonal employees during the season. The State of Maharashtra appointed a Commission, known as Bhuibhar Commission, which recommended, vide Recommendation 35, that seasonal employees employed in the State, exc...
Rajasab Kasim Sab and anr. Vs. Prabhakar V. Shirodkar Since Deceased, ...
Court: Mumbai
Decided on: Jun-17-1994
Reported in: 1995(1)BomCR271
E.S. Da Silva, J.1. The appellants challenge in this second appeal the dismissal by the learned District Judge, North Goa, Panaji, by judgment and Order dated 22nd June, 1988 in Regulatar Civil Appeal No. 15/85, of the appeal filed by them against the judgment of the learned Civil Judge, Junior Division, Panaji, dated 29th January, 1985, in Civil Suit No. 190/83/B.2. In short the relevant facts of the case are that the respondent by a written agreement dated 10-5-1975 leased to the appellant No. 1 a portion of his property admeasuring 32 square meters, known as 'Oulem Morodd' situated at Tonca, Caranzalem, bearing registration No. 1260. The land was given on lease for the purpose of erecting thereon a structure (hut) of light materials of temporary character 'for the purpose of residence of the tenant'. The period of lease was for 12 months and the monthly rent was of Rs. 15/-. It was stipulated in the agreement that at the end of the period of 12 months the tenant agreed to pull down ...
Mrs. Baldy Palmira Domentina Graciase Miranda Vs. Antonio Fernandes an ...
Court: Mumbai
Decided on: Jun-17-1994
Reported in: 1995(2)BomCR166
E.S. Da Silva, J.1. This petition challenges the judgment and order dated 26th December, 1986 of the Addl. Collector of Goa which has upset the judgment and order of the Mamlatdar dated 29th March, 1984 and also the judgment and order of the Administrative Tribunal dated 27-1-1989 which has affirmed the aforesaid order of the Collector dated 26-12-1986.2. It is the case of the petitioner that he has filed a suit against the respondent No. 1 in the Court of the Civil Judge, Junior Division, Margao, seeking for permanent injunction against him from interfering with his property. The said respondent took a stand that he was a mundkar of the property. The issue regarding mundkarship was referred to the Mamlatdar by the Civil Judge for decision in terms of the provisions of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975, (hereinafter called the Act). The respondent No. 1 was examined before the Mamlatdar. However, the said respondent failed to make himself available fo...
Lalya Dharma Khadkya Vs. State of Maharashtra
Court: Mumbai
Decided on: Jun-16-1994
Reported in: 1994(3)BomCR343
Sahai, J.1. The appellant feeling aggrieved by his conviction under Section 302 IPC and sentence of life imprisonment and a fine of Rs. 100/- and 7 days in default of payment of fine, vide Judgment and Order dated 18-5-1991, passed by the third Additional Sessions Judge, Thane in Sessions Case No. 24/1980, has preferred the present appeal. 2. The prosecution case in brief as contained in the FIR and the statement of P.W. 3 Sonibai Lalya Khadkya recorded in the Trial Court, runs as under :- The appellant is the husband of P.W. 3 Sonibai Lalya Khadkya. They have three sons and one daughter. One of the sons was Viju aged 6 years, the deceased in the present case. According to Sonibai, the appellant used to consume liquor, ill treat her and physically assault her. On 4-12-1989, at about 10 p.m. the appellant after consuming liquor is alleged to have entered the house and started assaulting her. According to the prosecution, the appellant suspected that his wife P.W. 3 Sonibai Khadkya was h...
Smt Kailas Laxman Joshi Vs. B. Akashi Commissioner of Police, Thane an ...
Court: Mumbai
Decided on: Jun-16-1994
Reported in: 1994(4)BomCR147; 1995CriLJ231
Rane, J.1. The petitioner in this petition has challenged the detention order dated 8-2-1994 issued and served by the 1st respondent, Commissioner of Police, Thane in exercise of the powers conferred under sub-section (2) of Section 3 of the National Security Act, (hereinafter referred to as the 'Said Act') read with Government Order, Home Department (Special) No. NSA. 2394/2/SPL. 3(B) dated 28-1-1994 with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of public order. 2. The detaining authority has relied upon the material normally called as grounds for detention which consists of (i) a case registered against the petitioner for the offence punishable u/s. 363, 384 read with Section 34 of the Indian Penal Code i.e. for abduction of a businessman and a builder; (ii) an anonymous written complaint about the prejudicial activities of the petitioner and his associates of the activities of indulging in extorting ransom amounts under threat of d...
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- 7
- 8
- Next ›
- Last »