Mumbai Court July 1994 Judgments
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Raosaheb Vs. State of Maharashtra
Court: Mumbai
Decided on: Jul-19-1994
Reported in: 1994CriLJ3792
1. The appellant-accused was tried for offence under S. 161 of the Indian Penal Code and under S. 5(2) read with S. 5(1)(d) of the Prevention of Corruption Act, 1947, before the learned Special Judge, Aurangabad. The learned Special Judge convicted the accused for these offences and sentenced him to suffer rigorous imprisonment for one year and to pay fine of Rs. 500/- on each count in default to suffer rigorous imprisonment for three months with the directions to run the substantive sentences concurrently.2. That judgment and order of conviction and sentence is challenged in this appeal.3. In nutshell, the prosecution case was that the accused was working as Talathi at Sajja Rajapur situated in Paithan Taluka in the year 1987. The village Pedgaon is under Sajja Rajapur. The complainant Natha is of village Deogaon in Taluka Paithan. The father of the complainant died in 1978. The name of the complainant was shown as Karta in the record of right in respect of the landed property in plac...
Village Panchayat of Collem Vs. Industrial Tribunal, Government of Goa ...
Court: Mumbai
Decided on: Jul-19-1994
Reported in: [1995(71)FLR249]; (1996)ILLJ126Bom
E.S. Da Silva, J.1. By this order, I propose to dispose of this writ petition which challenges the award dated March 3, 1988, of the Industrial Tribunal in Reference No. IT/24/86, whereby it was held that the termination of services of respondent No. 2 (hereinafter called 'the respondent') is void and inoperative and the same is not just and legal. Pursuant to the said award the learned Tribunal declared that the respondent should be deemedas continuing to be in the service of the petitioner with all consequent benefits, namely, back-wages in full and other benefits.2. The reference was prompted on account of termination of service of the respondent by the petitioner with whom the respondent was working as a peon right from December 1, 1966. It appears that due to financial difficulties, the petitioner was unable to cope up with the burden of paying the respondent the salary according to the scales recommended by the Third Pay Commission which were made applicable to the village pancha...
Karamchand Thapar and Brothers Ltd. Vs. Central Bank of India and ors.
Court: Mumbai
Decided on: Jul-19-1994
Reported in: 2005(1)MhLj82
Anoop V. Mohta, J.1. This Appeal has been preferred by the original defendant No. 16/appellant herein against the original plaintiff/respondent No. 1 herein - Central Bank of India and other original defendants Nos. 2 to 15/rcspondent Nos. 2 to 15 herein, and thereby challenged the judgment and decree dated 11th July, 1988, passed in the Special Civil Suit No. 236 of 1975 between the parties, in respect of the finding, as well as, the decree against the said defendant-appellant herein.2. The respondent No. 1-original plaintiff had filed the Suit basically against the respondent No. 2 and respondent Nos. 3 to 15 as Partners of the respondent No. 1 for the amount of Rs. 2,20,320.81 on the basic agreement/transaction called credit facilities including Clean Demand Endorsed Bills Limit and a Usance Bill Limit. From time to time, parties used to execute necessary documents like pronote. The said Bill Limit was for Rs. 2,00,000/- and Rs. 4,00,000/- which was increased from time to time. On 2...
Anil Vasant Chitnis and Others Etc. Vs. Senior Inspector of Police, Al ...
Court: Mumbai
Decided on: Jul-18-1994
Reported in: 1995(2)BomCR17; 1994CriLJ3760; 1994(2)MhLj1743
V.A. Mohta, J.1. Ultimate questions that fall for determination in these petitions under Art. 226 of the Constitution are : (a) whether the following First Information Report discloses an offence under the Terrorist and Disruptive Activities (Prevention) Act, 1987, ('the TADA Act') and if not, (b) whether case for quashing the proceedings under the TADA Act at such initial stage exists. 2. These three petitions are by in all nine accused arrayed in the F.I.R. Since common questions arise, they are heard together and are being disposed off by this common Judgment. 3. First Information Report 'On 21/11/1993 C.R. No. 92/93 at 6.30 p.m. Nagaon, Bahirichi Wadi. Complainant : Manik Damodar Sawant, Residence Nagaon, High School. Accused 1. Anil Chitnis, 2. Moreshwar R. Khot, 3. Deepak Bhatkar, 4. Raju Vartak, 5. Dattatraya V. Thakur, 6. Pradeep alias Bana Kare, 7. Hemant R. Narvankar, 8. Pradeep S. Pradhan, 9. Ramakant R. Wadkar. All residence of Nagaon. On the abovementioned time, date and p...
Ganpat Kisan Giri Alias Nadiwala Vs. State of Maharashtra
Court: Mumbai
Decided on: Jul-18-1994
Reported in: 1995(4)BomCR128
Vishnu Sahai, J.1. The appellant aggrieved by the order dated 27-8-1991 passed by the Additional Session Judge, Pune in Sessions case No. 186 of 1991 convicting and sentencing him to imprisonment for life and further to pay a fine of Rs. 1,000/- or in default to suffer RI for two months under section 302 of the Indian Penal Code has come up in appeal before this court. 2. The prosecution case in brief is that the informant Sahebrao Kisanrao Sawant (PW 1) was a business partner of the deceased Dilip Prabhakar Bhide. Both of them were jointly doing hosiery business. It is said that relations between the appellant and the deceased were strained for two reasons. Firstly because the appellant used to keep his business articles in front of the house of the deceased and since obstruction was caused to the deceased he used to object. In spite of the repeated requests of the deceased not to do so the appellant did not relent. Secondly it is alleged that the appellant had taken cigarettes on cre...
Sakal Papers (P) Ltd. Vs. Employees' State Insurance Corporation and a ...
Court: Mumbai
Decided on: Jul-18-1994
Reported in: 1995(1)BomCR91; (1994)96BOMLR98; (1997)IIILLJ759Bom; 1995(2)MhLj69
1. Sakal Papers Private Limited, Pune has preferred this appeal against order dated October 30, 1979 passed by the Employees' State Insurance Cout, Pune in Application (ESI) No. 21 of 1978. This appeal raises consideration of the questions as to whether the Directors of the Appellant Company liable to be considered as employees of the Appellant Company within the meaning of Section 2(9) of Employees' State Insurance Act, 1948 and as to whether the amount of remuneration paid to them is liable to be considered as 'wages' within the meaning of the expression 'wages' as defined in Section 2(22) of the Act. The appellant publishes a newspaper by name 'Daily Sakal' from Pune. Several professionals and other eminent persons from different walks of life are appointed on Board of Directors of the Company herein so as to benefit from their expert advice if an occasion so arises. 2. At the material time, Ms. Shantabai Parulekar, Mr. Jaswantlal Mathubhai and Col. V. V. Joshi and Ms. Banubai Koyaj...
Agencia E. Sequeira Vs. Labour Commissioner and ors.
Court: Mumbai
Decided on: Jul-18-1994
Reported in: 1995(2)BomCR95; (1996)ILLJ574Bom
E.S. Da'Silva, J. 1. These two writ petitions which raise similar questions of fact and law can be conveniently disposed of by a common judgment. Upon hearing learned Counsel I make rule and by consent the matter is taken for final hearing. 2. Both the petitions challenge the Notices of the Labour Commission (Respondent No. 1) dated July 26, 1991, September 13/16, 1991, December 27, 1991, August 4, 1993 and of the Respondent No. 2 dated, November 25, 1991, May 13, 1993 and November 10, 1993 and the warrants of attachment issued consequent upon the aforesaid notices, whereby it was sought to be recovered from the petitioner the amounts of Rs. 5,29,720 in furtherance of the notices dated, November 25, 1991 and May 13, 1993 and Rs. 2,80,355.95 under notice dated November 10, 1993, in. Writ Petition No. 37/94 and an amount of Rs. 3,95,670 in furtherance of the notices, dated November 25, 1991 and May 13, 1993 and Rs. 2,14,990 under notice, dated November 10, 1993 in Writ Petition No. 38/94...
Sayyed Zakir HussaIn Abidi Vs. Razia Begum Sayyed Jakir HussaIn Abidi ...
Court: Mumbai
Decided on: Jul-18-1994
Reported in: 1996(1)BomCR378
V.S. Sirpurkar, J. 1. The applicant herein challenges concurrent judgments of the Additional Sessions Judge, Akola and Judicial Magistrate, First Class, Akot, whereby the applicant was convicted for offence under section 500 I.P.C. and is sentenced to suffer simple imprisonment for 3 months and to pay a fine of Rs. 100/-, in default to undergo further simple imprisonment for 10 days.2. Shortly stated the facts are that the applicant and the non-applicant No. 1 Razia Begum were at the relevant time husband and wife. The marriage took place some where in the year 1974. After first few years, there was a tune of discard in the marital relationship so much so that the husband and wife started living separately. The non-applicant No. 1 filed a civil suit against the husband for divorce and the husband also in all solemnity did not choose to remain present in the Court. Ultimately, suit was decreed and divorce granted. It is thereafter in the year 1980 that the non-applicant No. 1 filed an a...
R.M.P. Security Organisation Method Consultants Pvt. Ltd. Vs. S.V. Nev ...
Court: Mumbai
Decided on: Jul-18-1994
Reported in: 1995(2)BomCR105
E.S. DA Silva, J.1. The controversy in this petition lies within a narrow compass. The limited issue which arises in this case is regarding the transfer of the respondent No. 2 (hereinafter called to as 'the respondent') from Zuarinagar (Vasco da Gama) to Bombay and whether this transfer is or not legal, proper and justified.2. The petitioner is a Private Limited Company having its registered office in Bombay and various branches in India. The petitioner provides security guards, fireman drivers, security supervisors and inspectors to various companies for watch and ward and Fire Fighting Department on contract basis. The respondent is employed by the petitioner at its Bombay Office and temporarily posted at Zuarinagar, Goa and his services were transferred to Bombay pursuant to company's letter dated 7-11-1983.3. The case of the petitioner is that on 6-1-1983 there was an advertisement published in Navbharat Times in Bombay for the post of Supervisor in its security establishment bein...
Mohammed Shafi Khalifa and anr. Vs. Kurban Alli Kasam Alli
Court: Mumbai
Decided on: Jul-18-1994
Reported in: 1995(1)BomCR614; (1994)96BOMLR923
M.S. Vaidya, J.1. The tenants/defendants against whom decree for possession has been passed by the trial Court in Regular Civil Suit No. 488 of 1976 in the Court of learned Civil Judge, Sr. Dn., Ahmednagar and whose appeal bearing Regular Civil Appeal No. 448 of 1980 was dismissed in the Court of the Extra Assistant Judge, Ahmednagar, has filed this writ petition, praying that the decrees passed by both the courts below be quashed and set aside.2. The petitioners were tenants in the residential premises admeasuring about 8 Khans in House No. 6214 and 6215 of Ahmednagar. The rent was payable monthly and the tenancy month commenced from 1st of every month. In a previous proceeding between the parties bearing Regular Civil Suit No. 510 of 1969 and in the appeal bearing Regular Civil Appeal No. 164 of 1971 arising out of that, the standard rent of the suit premises was determined to be Rs. 17/- per month. The respondent/plaintiff gave a notice dated 27-4-1976 (Exh. 18 in the suit) to the p...
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