Mumbai Court July 1994 Judgments
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National Insurance Co. Ltd. Vs. Bashasab Shaikh and ors.
Court: Mumbai
Decided on: Jul-07-1994
Reported in: I(1995)ACC663
A.A. Halbe, J.1. The appellant--Insurance Company--has challenged the award of Rs. 1,00,000/- plus costs of Rs. 3,000/- and interest at 12% on Rs. 1 lakh passed by the Motor Accident Claims Tribunal, South Goa, Margao in Claim Petition No. 78 of 1986 on the ground that this is a case where the deceased was a gratuitous passenger on the goods vehicle; that there was collusion between the owner and driver prejudicial to the interest of the Insurance Company and if these facts are taken into consideration, the Insurance Company can not be made liable for such award. Apart from this, it is also contended that the quantum of compensation is pretty high, looking to the fact that the deceased was merely a labourer of 18 years of age. For these reasons, it is prayed by the appellant--Insurance Company--that so far as the liability foisted on the Insurance Company is there, the same should be set aside.2. This has been countered on behalf of the respondents - claimants and also the owner and dr...
Cotton Corporation of India, Ltd. Bombay Vs. M/S. Hindustan Cotton Co. ...
Court: Mumbai
Decided on: Jul-06-1994
Reported in: AIR1995Bom125; 1995(2)BomCR137; (1995)97BOMLR848
1. This is suit filed by the plaintiff for compensation for breach of contract. The defendant has contested the suit by filing written statement. Issue have been framed. By consent, arguments are heard on the question of limitation covered by Issue No. 1. I have heard both the Counsel.2. I he plaintiff's case is that it had sold 499 bales of cotton to the defendant as per contract dated 23rd July 1973. The goods were ready for being delivered to the defendant. The defendant's agent came and approved the goods after inspection of 199 bales on 1st August 1973. As per the contract, the defendant was to make payment before lifting the goods. But in spite of request of the plaintiff, defendant did not lift the goods by paying the amount. Then plaintiff wrote a letter dated 17th December, 1973 calling upon the defendant to lift the goods and make the payment. But defendant replied by letter dated 20th December, 1973 stating that it has already rejected the goods as per the letter dated 2nd A...
Fabrica Da Igreja De N.S. De Milagres Vs. Union of India (Uoi) and ors ...
Court: Mumbai
Decided on: Jul-06-1994
Reported in: 1995(1)BomCR588
E.S. Da Silva, J.1. This appeal is directed against the judgment of the learned District Judge, South Goa, Margao, dated 13th January, 1989 in Civil Suit No. 122 of 1981, whereby the learned Judge has dismissed the suit filed by the appellant.2. The case of the plaintiff/appellant (hereinafter called the appellant) is that they are the owners in possession of a plot of land, situated at Cortali of Sanguem Taluka, described in the Land Registration Office under No. 26737, in the Revenue Office under No. 542 and in the Old Cadastral Survey under No. 209. The said property is surrounded on all four sides by property 'Patem' belonging to the Sanguem Municipality. The appellant claims that the property is in their open, peaceful and public possession and enjoyment for the last more than 50 years. There was a cemetry located in the property which was demolished 50 years ago and the new cemetry was built at some other place. Presently the land is barren. In the new survey the suit plot was in...
Smt. Tarabai Dattatraya Gujrathi and ors. Vs. Rangnath Vishwanath Guja ...
Court: Mumbai
Decided on: Jul-06-1994
Reported in: 1994(4)BomCR527
V.H. Bhairavia, J.1. This appeal is by the original defendants against the judgment and order dated 10th March, 1983 passed by the II Extra Assistant Judge, Nasik, in Civil Appeal No. 339 of 1980, confirming the judgment and decree dated 29th July, 1980 passed by the learned Civil Judge, Junior Division, Sinnar, in Regular Civil Suit No. 60 of 1972.2. The plaintiff filed the suit for possession of the suit property, being Municipal House No. 548 situated at Kasbe-Sinnar, Taluka Sinnar, District - Nasik, which house is on the record of City Survey, being C.S. Nos. 1306 and 1307, and for mesne profits from the defendants. The trial Court decreed the suit by its judgment and decree dated 29th July, 1980. In appeal filed against the aforesaid judgment and decree by the defendants, the appellate Court by its judgment and order dated 10th March, 1983 confirmed the trial Court's decree and dismissed the appeal. Hence this appeal.3. As a very important question of law is raised in this second ...
F.G.P. Ltd. Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jul-05-1994
Reported in: (1994)51ITD279(Mum.)
1. These are eight appeals, four by the assessee and four by the department, pertaining to assessment years 1978-79, 1979-80, 1981-82, 1983-84 and 1984-85. Three appeals of the assessee are against the order of the Commissioner of Income-tax under Section 263 and one against the order of the CIT(A). On the other hand, the revenue's appeals are against the order of the CIT(A).2. The assessee is a limited company engaged in the manufacture of glass fibres and yarn. On verification of the record the Commissioner of Income-tax took the view that the order of the Assessing Officer pertaining -to assessment years 1978-79, 1979-80, 1981-82, 1983-84 and 1984-85 were erroneous and prejudicial to the interest of the revenue on the following grounds: (i) That the glass fibres and its yarn manufactured by the assessee were hit by the item 17 of Schedule Eleventh of the IT Act, i.e., "glass and glassware", the Assessing Officer was not justified in allowing investment allowance in the assessment y...
M/S. N.B. Vegad and Company, Ambarnath Vs. Union of India
Court: Mumbai
Decided on: Jul-05-1994
Reported in: AIR1995Bom337; (1994)96BOMLR586; 1994(2)MhLj1644
ORDERVyas, J. 1. This is an appeal preferred by the original Plaintiffs from judgment and order dated 22nd July, 1993 passed by the learned single Judge vacating the ad interim injunction granted in terms of prayer (d) of the petition. Few facts necessary for disposing of the present appeal are as follows: The appellants' tender for the construction of a Traction Sub-Station Building at Dombivali was accepted by the Respondents and a contract was entered into on 16th April, 1991 between the Appellants and the Respondents for the said construction at a cost of Rs. 21,25,072.94. Under the said contract, in lieu of a security deposit of Rs. 1,13,000/-, the Appellants furnished a Bank Guarantee of Canara Bank in the like amount. It is the Appellants' case that due to delays, hind-rances and breaches committed by the Respondents, the work could not be completed by the Appellants within the stipulated time. As a result of the delay, Respondents issued seven days' notice threatening to termin...
Anant B. Kamble and Another Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jul-05-1994
Reported in: 1995(1)BomCR224; (1994)96BOMLR138; 1995CriLJ2382
1. The appellants aggrieved by their conviction under S. 304-II read with S. 34 of the IPC and the sentence of 5 years rigorous imprisonment and a fine of Rs. 200/- each and one month in default of payment of fine have come up in appeal before this Court. The aforesaid convictions and sentences of the appellants were recorded vide order dated 26-11-1992 passed by the Additional Sessions Judge, Kolhapur in Sessions Case No. 104 of 1991. 2. The prosecution case in brief as emerging from the recitals contained in the FIR and the evidence of P.W. 5 Vimal Kamble and P.W. 7 Sanjay Kamble recorded in the trial Court, is as under :- The informant Sanjay Kamble (P.W. 7) and the appellants are residents of the same village viz. Manwad, taluka Gadhinglaj, district Kolhapur. The informant's father Yeshwant Kamble was addicted to drinking liquor and after consuming it used to beat his wife (informant's mother). On 21-1-1991 (Sunday) the informant's father and uncle appellant Anant Kamble consumed l...
Saroj Ramesh Shah Vs. Balakrishna Pen Pvt. Ltd. and ors.
Court: Mumbai
Decided on: Jul-05-1994
Reported in: [1995(70)FLR1]; (1995)ILLJ176Bom
Kapadia, J. 1. This Writ Petition is filed by the widow of the original employee, one Ramesh Shah, who died on 14th March 1991. The petition was initially filed by the employee. On his demise, his widow has been brought in record. 2. The short question which requires to be decided in the present petition is whether the deceased was a workman, as defined under Section 2(s) of the Industrial Disputes Act, 1947 and secondly whether his services were terminated illegally as alleged by him in the Labour Court vide Reference (IDA) No. 322 of 1983 decided by the Labour Court on 28th November 1989. 3. The facts giving rise to this writ petition briefly, are as follows : (a) By way of reference (IDA) No. 322 of 1983, Ramesh Shah, since deceased, sought reinstatement with full back wages and continuity of service from 9th September, 1981. In his statement of claim he alleged that the company had appointed him on 26th November 1979 on probation for six months on a consolidated salary of Rs. 2,500...
Bistir Laxman Bhavar and ors. Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jul-05-1994
Reported in: 1994(3)BomCR675
Vishnu Sahai, J.1. All the appellants were convicted under sections 332/149 of I.P.C., 325/149 of I.P.C. and 147 of I.P.C.; whereas under the first two counts they were awarded a sentence of two years rigorous imprisonment each under the third count they were awarded a sentence of six months rigorous imprisonment each and a fine of Rs. 50/- and one month rigorous imprisonment in default of payment of fine. In addition appellant No. 3 Nana Chagan Dhodi was convicted under section 307 of I.P.C., 332/149 of the I.P.C. and 148 of the I.P.C. and was sentenced to undergo five years rigorous imprisonment, two years rigorous imprisonment and nine months rigorous imprisonment respectively. In addition appellant No. 4, Babu Raghya Tala was convicted under section 148 of the I.P.C. and sentenced to undergo nine months rigorous imprisonment. The substantive sentences of imprisonment of all the appellants were directed to run concurrently. The aforesaid convictions and sentences of the appellants w...
P. Unnikrishnan Vs. S.B. Salunke, Dy. Dir. of Education Mah. State, Pu ...
Court: Mumbai
Decided on: Jul-04-1994
Reported in: 1995(1)MhLj410
Bhattacharjee, C.J. 1. Heard learned counsel for the writ petitioner as well as the learned counsel for the College authorities and the State Government. Having heard the learned counsel and having gone through the materials on record ourselves we have not the slightest doubt that the writ petitioner has worked as a Stenographer or Steno-typist in the Respondent-College from the date of his appointment. Once we hold that the petitioner has worked as a Stenographer or Steno-typist in the College, there should be a no reason to deny him the scale to which a Stenographer or Steno-typist is entitled to unless it can be demonstrated that he did not have the requisite qualifications even though he worked in fact. Nothing has been brought before to us to lead us to conclude with certainly that the petitioner does not possess the requisite qualifications. We have searched in vain in the affidavits of the Respondents as to what the requisite qualifications were and on what score the Petitioner ...
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