Mumbai Court June 1994 Judgments
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H.N. Mirchandani Vs. Bombay Municipal Corporation and Others
Court: Mumbai
Decided on: Jun-15-1994
Reported in: AIR1995Bom82; 1994(4)BomCR361; 1995(1)MhLj422
1. This appeal is preferred against order dated 13th April, 1976 passed, by the learned Additional Chief Judge of Court of Small Causes at Bombay in Municipal Appeal No. 210 of 1975. The relevant facts are briefly summarised hereinafter.2. This appeal involves consideration of an important question of law for consideration of this Court concerning the locus of the appellant in respect of filing of an appeal under Section 217 of Bombay Municipal Corporation Act 1888. If the owner of the building as for example -- A Co-operative Housing Society is aggrieved by an order of fixation or enhancement of rateable value of the building, such an owner can always prefer the statutory appeal before the learned ChiefJudge of Court of Small Causes at Bombay under Section 217 of the Act. It is common knowledge that the prescribed municipal authority works out rateable value, original or enhanced in respect of each tenement or the flat in building before it works out the aggregate and discloses the sa...
Kallappa Pundalik Reddi Vs. Laxmibai Dattoba Vellaram and Others
Court: Mumbai
Decided on: Jun-15-1994
Reported in: AIR1995Bom160; 1994(4)BomCR605; (1994)96BOMLR646; 1994(2)MhLj1839
1. This appeal is preferred by the original plaintiff against decree dated 28th August, 1977 passed by the Court of the Joint Civil Judge, S.D. Solapur at Solapur in Special Civil Suit No. 80 of 1975. By the said decree, the trial Court dismissed the suit of the plaintiff with costs.2. On or about 19th April, 1979, the plaintiff filed the above referred suit against the defendant seeking to recover from the defendants a sum of Rs. 10,000/- with further interest and cost of the suit. It was averred in the plaint that the defendants had executed a promissory note in favour of the plaintiffs being promissory note dated 19th April, 1972 for valuable consideration and defendants had failed to pay the amount due and payable on the said promissory note. With the leave ofthe Court, the plaintiff amended the plaint. By the said amendment, it was pleaded by the plaintiff that if the said promissory note was held to be non-admissible in evidence, the plaintiff was nevertheless entitled to recover...
Amruta Babaji Mozar Vs. Kondabai, Deceased by Her Heirs Babai Laxman M ...
Court: Mumbai
Decided on: Jun-15-1994
Reported in: AIR1994Bom293; (1994)96BOMLR743; I(1995)DMC240; 1994(2)MhLj1663
1. The two questions that have been argued by the learned Counsel for the parties in this Second Appeal are :--(1) Whether there was in fact an adoption as alleged and (2) Whether there could in law be any such adoption? A negative answer to any of the questions would warrant dismissal of the appeal, while the appeal would have to be allowed if both these questions are to be answered in the affirmative.2. For far too long, the Hindus were under the hypnotic spell of the belief that marriage and sonship ensure great religious benefit. If this was true, then Brahmacharya and Sanyas could not be regarded to be highest religious Orders in Hindu religion. This was a myth fostered and nurtured to. persuade people to lead a normal married life and to have children as our entire society has germinated around these two institutions of marriage and sonship. The tendency of our Courts have, therefore, been to approach the questions relating to marriage and sonship Ut res magis valeat quam pereat...
Smt. Shubhangi Sopanrao Bhosle Vs. A.D. Deshpande and Others
Court: Mumbai
Decided on: Jun-15-1994
Reported in: (1995)ILLJ1124Bom
S.H. Kapadia, J. 1. This Writ Petition is filed by the workman seeking to challenge the Award passed by the IXth Labour Court on 13th September 1989, rejecting the Reference (IDA) No. 36 of 1986. In the above circumstances, the workman has filed the present Petition. She claims reinstatement with back wages. 2. At the outset, it may be mentioned that the respondents and their Advocate have chosen to remain absent despite notice. Affidavit of service has been taken on record. 3. The facts giving rise to this Writ Petition, briefly, are as follows : (a) Petitioner was working as a Bill Clerk in the B. A. R. C. hospital canteen. It is a Society registered under the Co-operative Societies Act. It provides canteen service to B. A. R. C. hospital employees. It engages 10 to 12 workmen. The said canteen is subsidised by B. A. R. C. (b) The petitioner joined the service of respondent No. 2 as a Bill Clerk on August 20, 1979. She was later on posted in the stores section. She was not given a l...
Mohamad Razzak Pathan and ors. Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jun-15-1994
Reported in: 1995(1)BomCR229; (1994)96BOMLR151
M.F. Saldanha, J.1. In a conviction under a charge of some seriousness, the gravity of proof that would be essential in law to fasten the nexus between the accused and the contraband that has been recovered, has once again come up for consideration in the present appeal. Undoubtedly, in cases where contraband is recovered from residential premises and the circumstances indicate that the premises are owned and/or occupied by the accused, but more importantly, where it is established that the accused were in exclusive possession, in the absence of evidence or sufficient reasons or explanation to the contrary, the prosecution would be justified in insisting upon the presumption of guilt being drawn. It is however very necessary in such cases that the evidence be free from doubt, infirmities or lacuna and that every other possibility be excluded. This is all the more so when dealing with offences punishable under the Narcotic Drugs and Psychotropic Substances Act, where the punishments pre...
R.G. Gangadharan Vs. Francisco Barreto Lopes and anr.
Court: Mumbai
Decided on: Jun-15-1994
Reported in: 1995(2)BomCR207
E.S. Da Silva, J. 1. The petitioner challenges by this petition under Articles 226 and 227 of the Constitution the judgment and order of the Administrative Tribunal, dated 28-12-1989, made in Eviction Appeal No. 49/86 which has unsettled the order of the Rent Controller dated 23-7-1986, in Case No. Rent/15/78.2. By the aforesaid Order the Rent Controller had dismissed four applications of the respondent dated 18-4-1985, 11-9-1985, 6-12-1985 and 10-1-1994 seeking to obtain the stopping of the eviction proceedings instituted by him against the petitioner for non-payment of rents with a prayer that the respondent should be put in possession of the premises.3. The petitioner is a statutory tenant of the respondent in respect of the part of the first floor of the house bearing No. E-162 behind Post Office Panaji on a monthly rent of Rs. 203 inclusive of electricity and water charges. The petitioner was earlier paying a monthly rent of Rs. 200/- and Rs. 15/- per month towards the water and e...
Food Corporation of India Vs. Great Eastern Shipping Co. Ltd
Court: Mumbai
Decided on: Jun-14-1994
Reported in: 1995(2)BomCR3; 1995(2)MhLj587
ORDERS.M. Jhunjhunuwala, J.1. By this petition, the petitioners seek to have the Award dated 21st June, 1991 filed in this court and numbered as 'Award No. 98 of 1991' (for short 'the said Award') set aside. 2. The petitioners are a Corporation established under The Food Corporation Act, 1964 and are a Government of India undertaking having an office at Bombay. The petitioners are engaged in activities, inter alia, like movement, storage and trading in foodgrains and other foodstuffs including edible oils. The respondents are a Company duly incorporated and registered under the provisions of the Companies Act, 1956 and are engaged in the shipped business. The respondents have their registered office situate at Bombay. 3. By a Charter Party dated Bombay, 7th October, 1983 made between the respondents as owners of the Motor Vessel 'Jag Rakshak' and the President of India of behalf and for the benefit of the petitioners, the said vessel 'Jag Rakshak' was lot out to the petitioners through...
Laxman Irayya Yenganti Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jun-14-1994
Reported in: 1995(1)BomCR219; I(1995)DMC458
M.F. Saldanha, J.1. This appeal presents a horrifying set of facts and is filed by the accused through jail. I need to record that Kumari Syed has argued the matter with considerable competence and has advanced a very strong and fervent plea that the conviction under section 306 of the Indian Penal Code be set aside and in the alternative that the two sentences awarded to the accused be made concurrent instead of consecutive.2. The accused comes from a very poor strata of society and was residing with his deceased wife Samakka and his three year old daughter Ambubai at Shashikala Nagar in Solapur city. At about noon on 18th March, 1992, smoke was noticed coming out of the hut and the neighbours forced opened the door only to find Samakka and the child Ambubai lying dead as a result of extensive burn injuries. The matter was reported to the police who commenced their investigations. The father of the deceased Samakka, who resided not too far away by the name of Vyankatesh (P.W. 3), also...
Uttam Bhagwant Sangle Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jun-14-1994
Reported in: 1995(1)BomCR631
G.R. Majithia, J.1. The appellant aggrieved from his conviction and sentence for life imprisonment by IInd Additional Sessions Judge, Beed has come up in appeal to this Court.2. Briefly-stated, the facts leading to the trial of the appellant are as under :--The appellant is an ex-armyman. Kaushalya was his second wife. He married her ten years prior to her death. Out of this wedlock, he had a son and a daughter. At the time of marriage with her he was posted at Pune. He lived with her at Pune for 3-4 years. Kaushalya gave birth to a daughter Sunita at Pune. He retired from service and returned to his native place Borgaon. He lived with his first wife Kastura, and Kaushalya and children at Borgaon for some time. Thereafter, he shifted to Beed. He had a house at Shahunagar, Beed. He resided there with his wives, son Ramesh from his first wife - Kastura and daughter Sunita from his second wife - Kaushalya. Kaushalya gave birth to a son Santhosh while she was residing with the appellant at...
Union of India (Uoi) Vs. Foursome International Investments Corporatio ...
Court: Mumbai
Decided on: Jun-14-1994
Reported in: 1995(1)BomCR659; (1994)96BOMLR132
S.M. Jhunjhunuwala, J.1. By this petition, the petitioner seeks direction of this Court for return of the Award filed in this Court to the respondent for being filed in the Court having jurisdiction.2. Food Corporation of India is a Government of India Undertaking established under the provisions of the Food Corporation Act, 1964 for the purpose of trading in foodgrains and other food stuffs including edible oilseeds and for matters connected therewith and incidental thereto. For import of 15,000 Metric Tons (5 percent more or loss in respondents' option) of Bagged Rice from Thailand to India, the petitioner chartered the vessel MV 'ANEMI' of the respondent on the Terms and Conditions set out in the charter party dated 24th October, 1988. The respondent did carry the said cargo from Thailand and the same was fully discharged at Calcutta. The said charter party provided for reference of disputes to arbitration, each party appointing an arbitrator and the two arbitrators appointing an Um...
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