Mumbai Court July 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.
A.A.H. Nagarwala Vs. Kinetic Engineering Ltd.
Court: Mumbai
Decided on: Jul-21-1994
Reported in: (1995)ILLJ23Bom
M.S. Vaidya, J.1. After a domestic enquiry of the charge of sleeping and misbehaviour while on duty, the enquiry officer had recommended the dismissal of the petitioner/worker and the said decision was upheld by the learned Presiding Officer of the IInd Labour Court, Ahmednagar in his judgment date October 13, 1993. The learned Judge confirmed the findings of fact that the petitioner was found asleep on duty, and that when attempts were made to wake him up he has given false excuse for not doing the work and finally indulged in insubordination. The court below had discussed these points in paragraph No. 8 of the Judgment.2. Mr. Prabhakaran submitted that neither the mis-conduct was very serious nor was the punishment proportionate to the misconduct. We agree with the learned Judge of the Labour Court that sleeping on duty accompanied with false excuse and insubordination does amount to a serious mis-conduct of major nature. The punishment awarded is neither shocking nor disproportionat...
Mrs. Nandabai Balu Dusing Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jul-21-1994
Reported in: 1995(1)BomCR567
Vishnu Sahai, J.1. The appellant, aggrieved by the order dated 27-11-1987 passed by the Additional Sessions Judge, Pune, in Sessions Case No. 52 of 1987, convicting her under section 498A I.P.C. and 306 I.P.C. and sentencing her to undergo 3 months rigorous imprisonment and to pay a fine of Rs. 50/- or in default to suffer further rigorous imprisonment for 15 days under the first count and to suffer one year's simple imprisonment and to pay a fine of Rs. 50/- and in default to under go simple imprisonment for 10 days under the second count, (substantive sentences to run concurrently) has come up in appeal before me. Along with the appellant her mother-in-law Shahabai Sampat Sonawane was also tried but vide the aforesaid order she has been acquitted.2. The prosecution case in brief is that the deceased Jayashree John Sonawane was married to John Sonawane about 6 months prior to the incident. She used to reside along with her husband and her mother-in-law (acquitted accused) Shahabai Sam...
Cawas Dhunjishaw Saher Vs. Keikobad C. Batliwala
Court: Mumbai
Decided on: Jul-21-1994
Reported in: 1995(2)BomCR175
A.V. Savant, J.1. These two petitions can be disposed of together since they relate to the same premises and are between the same parties excepting that in Writ Petition No. 356 of 1994, the landlord H.H. Sardar Sayedina Dr. Mohamed Burhanuddin Saheb is also made respondent No. 2 but he is obviously a formal party. The main contest is between the petitioner and respondent No. 1 in both the petitions.2. The premises consist of bedroom No. 1 with an attached bath and W.C. in a flat of approximately 3000 sq.ft. on the second floor of the building known as 'Merwan Mansion' situated at Nepean Sea Road, Bombay. The petitioner in both the petitions is Cawas Dhunjishaw Saher, who will be, hereafter, referred to as 'Cawas Saher'. The first respondent is Dr. Keikobad C. Batliwala who will, hereafter, be referred to as 'Keikobad'. Respondent Keikobad is the son of the original tenant Cawas Shaw Batliwala and the petitioner Cawas Saher is the son of the sister of Keikobad, viz., Aloo Saher as will...
Pradeep S/O. Baburao Phalak and anr. Vs. the State of Maharashtra and ...
Court: Mumbai
Decided on: Jul-21-1994
Reported in: 1995(2)BomCR341; (1995)97BOMLR926
A.D. Mane, J.1. These two writ petitions arise out of the charge-sheet filed by the Police in Two different Crimes being Crimes No. 36/82/I and 36/87/2 registered with the Mahur Police Station for commission of the offences punishable under sections 467, 471, 409 read with section 34 of the Indian Penal Code. In these writ petitions the petitioners seek to invoke the inherent powers of this Court for quashing the charge-sheet filed by the police for the aforesaid offences in the Court of Judicial Magistrate, First Class, Kinwant, sofar as the petitioners are concerned. There involves a common question of law and the facts and therefore, these writ petitions filed by common petitioners are disposed of by the common judgment.2. In nutshell the facts as averred by the petitioners are these:There is a public Trust known as 'Shri Jagadamba Shikshan Sanstha' at Mahur. It runs a high school known as 'Jagadamba High School'. There is a students hostel known as 'Shri Gurumurthi Dattaram Mahant ...
Air India Officers' Association and Ors. Vs. Air India Limited and Ors ...
Court: Mumbai
Decided on: Jul-21-1994
Reported in: 1995(2)BomCR246
M.L. Dudhat, J.1. Petitioners in this case have filed this writ petition for the direction directing respondents Nos. 1 and 3 to withdraw, revoke and set aside the permanent posting order dated 20th April, 1994 posting the 2nd respondent to the post of Air Port Manager, Jeddah, Saudi Arabia and further directing the respondents to fill in the said post on the basis of seniority in accordance with the posting policy. Petitioner No. 1 is the society registered under the provisions of Bombay Public Trusts Act and the Societies Registration Act of 1860 and represents officers of 1st respondent in grades ranging from Assistant Station Superintendent to Senior Station Managers. Petitioner No. 2 and petitioner No. 3 are permanent employees of 1st respondent in its commercial department being Assistant Station Superintendents therein. By this writ petition the petitioners are aggrieved by arbitrary and discriminatory treatment given to the Senior Assistant Station Superintendents in the matter...
Dr. Navinkumar Omprakash Chobdar Vs. the Municipal Corporation of Grea ...
Court: Mumbai
Decided on: Jul-21-1994
Reported in: 1995(2)BomCR655
M.L. Dudhat, J.1. Petitioner in this case has passed his M.B.B.S. examination and made application to respondents Nos.2, 3 and 4 for admission for post graduate course i.e. M.D. in the subjects in line of preference i) General Surgery, ii) TB & Chest and iii) Anaesthesia. This application was made by the petitioner in the category of reserved seats, as according to the present petitioner, he belongs to community Mali declared O.B.C. by the Government of Maharashtra. Respondents refused to treat the aforesaid application of the present petitioner under reserved category and treated the said application in general category. The reason given by the respondents for not treating the aforesaid of the present petitioner in reserved category was that at the time of taking admission for M.B.B.S. course the petitioner sought admission in the general category and therefore, in view of the decisions given by the High Court, Bombay, the petitioner cannot be considered in a reserved category for the...
Oriental Insurance Co. Ltd. and anr. Vs. Pedro Gama and ors.
Court: Mumbai
Decided on: Jul-21-1994
Reported in: 1995ACJ630
G.D. Kamat, J.1. These two appeals arise out of one and the same award dated 30.6.1987 in Claim Petition No. 151 of 1985. We will refer to the parties in First Appeal No. 162 of 1987 by their nomenclature. Respondent Nos. 1 and 2 had instituted the claim petition seeking compensation of an amount of Rs. 4,50,000/- on the basis that on 3.10.1985, their son, Mariano, who was travelling in a passenger bus bearing registration No. GDS 1826 fell out of the bus and was crushed. Though he was rendered medical assistance in the Medical College Hospital, Mariano died on the 3rd day after the accident. It was their case that Mariano was employed as a casual labourer on wages of Rs. 10/- per day by the Public Works Department.2. The claim was opposed and it appears that on behalf of the owner, driver and the insurance company, it was mentioned that deceased Mariano was by the side of the road; that road had been dug up for laying water pipeline; that when the bus came to Pidno-Vorna as a result o...
Rauji Murarao Rane Vs. Sushila V. Hirve
Court: Mumbai
Decided on: Jul-21-1994
Reported in: 1996ACJ842
G.D. Kamat, J.1. This appeal challenges the award dated 31.3.1989, made in Claim Petition No. 10 of 1986. The claim petition was instituted by Sushila V. Hirve, present respondent No. 1, who was a young girl anywhere about seven years old at the time of the accident.The story of the accident is that on 28.10.1985, she got out of the school at about 18 hours and came in the open and while waiting for her brother to come out from the school, a truck bearing registration No. MWV 8577 driven and owned by the appellant came in a reverse and collided against her, as a result of which Sushila suffered injury to her left leg.2. The Tribunal, based on the evidence led, came to a clear-cut finding that the appellant was negligent while reversing his truck, as a result of which Sushila suffered fracture injury to the ankle of her left foot. Upon consideration that Sushila was required to be hospitalised for surgical intervention, etc., by way of compensation, a sum of Rs. 60,000/- was awarded in ...
Gurunath P. Naik and ors. Vs. Narendra Govind Chodankar and ors.
Court: Mumbai
Decided on: Jul-21-1994
Reported in: I(1995)ACC428; 1996ACJ805
G.D. Kamat, J.1. In Claim Petition No. 72 of 1986 a sum of Rs. 1,10,000/- has been awarded to respondent No. 1. This award is now challenged in the present appeal by the driver and owner of a tourist bus bearing registration No. GDS 2245.2. Mr. R.G. Ramania, learned Counsel for the appellants, has raised two questions for consideration in this appeal. In the first place, according to him, regard being had to the evidence on record, the manner in which the bus in question passed over the left foot of respondent No. 1 while negotiating a circuitous road near the Secretariat at Panaji, it was clearly incumbent upon the Tribunal to have imported the doctrine of contributory negligence and that way ought to have apportioned the responsibility for the accident at least in the ratio of 50:50. In the second place, the other grievance is that the Tribunal has awarded a sum of Rs. 50,000/- by way of general damages on the sub-head of pain, suffering and shock and at the same time has awarded a f...
United India Insurance Co. Ltd. Vs. Mandatai and ors.
Court: Mumbai
Decided on: Jul-21-1994
Reported in: II(1994)ACC562
R.M. Lodha, J.1. Both these appeals shall stand disposed of by the common judgment since these appeals arise out of the award dated 10.8.1983 passed by the Motor Accident Claims Tribunal, Nagpur, in Claim Petition No. 64 of 1979 Smt. Mandatai and Ors. v. Ravindra Singh and Ors. whereby the learned Motor Accident Claims Tribunal has passed the award in favour of the claimants directing the non-applicant Nos. 1, 2 and 3 to pay Rs. 2,25,000/- to the claimants.2. The brief facts which led to the filing of the aforesaid claim petition are that Shalikram Dhondbaji Gire after attending duties on 22.4.1979 as Lamp Fitter was returning back from the colliery on cycle at about 6.00 p.m. While he was returning on the cycle the rear most truck bearing No. MTB-2548 near the weigh-bridge where loaded trucks are parked for weighment, was abruptly taken by the driver in reverse without blowing any horn. Shalikram Dhondbaji Gire was taken unaware and the truck dashed against the cycle, as a result of w...
- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »