Mumbai Court August 1994 Judgments
Municipal Council Latur Vs. Shivaji Vaijnath Kamble
Court: Mumbai
Decided on: Aug-31-1994
Reported in: 1995(3)BomCR8; [1995(70)FLR608]; (1995)ILLJ1195Bom; 1994(2)MhLj1844
T.K. Chandra Shekhara Das, J.1. Common issues emerge from these writ petitions and, therefore, I heard these writ petitions jointly and I am disposing of the same by a common judgment. 2. Respondents in these writ petitions are the Sweepers of the street of the Municipality, Latur. They are employed on daily wages as Sweepers by the Municipality. It is disclosed during the hearing that there are another set of Sweepers under the said Municipality who are known as regular sweepers and who are drawing time scale of pay and other attended benefits like National Holiday benefits and other better services benefits like regular employees of the Municipality. These respondent-Sweepers individually made applications before the Labour Court at Latur under section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter called as the Act), claiming that they were serving as Sweepers for 8 years or more on daily wages under the Latur Municipality and the wages are being paid at the end of the ev...
Tag this Judgment!Smt. Godavaribai Saigal and ors. Vs. Smt. I.D. Chandnani and anr.
Court: Mumbai
Decided on: Aug-31-1994
Reported in: 1995(2)BomCR470; (1995)97BOMLR949
M.S. Rane, J.1. The applicants are the accused in criminal complaint filed by the 1st respondent being No. 592 of 1990 in the Court of Chief Judicial Magistrate, Thane for the offences under sections 415, 420 read with section 34 of I.P.C. who has, in this application claimed relief to the effect that the proceedings in the said Criminal Case including process issued by the learned Magistrate be quashed. Applicant No. 1 is the wife of applicant No. 2 and applicant No. 3 is the son of the applicants No. 1 and 2.2. Appraisal to the relevant facts will be necessary in the background of the filing of the complaint in question.3. The petitioner No. 1 owned a property being land comprising of Gat No. 118 Hissa No. 18.3 situated in the limit of Gram Panchayat Waksai, in Pune District, by an agreement dated 6th August, 1989, executed between the 1st applicant and the 1st respondent, for a consideration mentioned therein, the 1st applicant agreed to sell the said plot of land to the 1st respond...
Tag this Judgment!Anthony Carvalho Vs. Hubert Fernandes and ors.
Court: Mumbai
Decided on: Aug-31-1994
Reported in: 1995(3)BomCR595
E.S. Da Silva, J.1. The challenge in this writ petition is the judgment and order of the Administrative Tribunal dated 29th September, 1989 in Eviction Appeal No.11/82 which has affirmed the judgment and order of the Additional Rent Controller, Goa North Division, Panaji, dated 21-11-1981 in Case No. Rent 71/89.2. By the aforesaid judgment the Rent Controller has allowed an application of the late father of the respondent No.1 (hereinafter called 'the respondent'), the original applicant, for eviction of the petitioner from a portion of the house belonging to him situated at Mapusa, Bardez, on the ground of illegal sub-letting of the suit premises to the respondent No.2 without his consent as a result whereof the petitioner was directed to hand over the vacant possession of the suit premises to the respondent within three months from the date of the receipt of the order.3. The case of the petitioner is that one Cristalina Fernandes, wife of Lourenco Tomas Fernandes, was the landlady of...
Tag this Judgment!Ramdas Gopinath Davkar Vs. the State of Maharashtra
Court: Mumbai
Decided on: Aug-30-1994
Reported in: 1995(1)BomCR122; (1995)97BOMLR186
1. This appeal is directed against the judgment and order of conviction passed by the learned Assistant Sessions Judge, Dhule in Criminal Case No. 84 of 1991 dated 24th March, 1992, convicting the appellant-accused under section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to under go R.I. for 10 years and to pay a fine of Rs. One Lakh, in default to undergo R.I. for two years.2. The prosecution case in short is that, the complainant P.W. 1 on receiving information, carried out raid at open space near Manohar Talkies, Dhule city and near Pahelwan Theatre, the appellant-accused was found possessing manufactured drug containing heroin. It is alleged that the complainant sent one panch with 10 rupees note which was signed by him, to the appellant-accused for purchasing brown sugar from the appellant-accused. Thereafter, a raid was carried out and the appellant-accused was found with 10 packets of brown sugar with him. A panchanama was drawn in the presence ...
Tag this Judgment!Narendra Hemchandra Chaudhari Vs. University of Poona
Court: Mumbai
Decided on: Aug-30-1994
Reported in: 1995(2)BomCR456; (1995)97BOMLR946
D.R. Dhanuka, J.1. Petition admitted. Rule to issue. Respondent waive service. Rule heard forthwith for final hearing.2. The petitioner appeared for IIIrd M.B.B.S. examination held in the month of October, 1993 by the University of Pune. At the said examination, the petitioner got 89 out of 200 marks in the subject of medicine. Ordinance No. 163 of the ordinances framed by the respondent-University provides that five additional marks may be granted to the candidate appearing at the University examination as an incentive for his participation in one or more of the activities specified therein like National Cadet Corps, National Service Scheme etc. In view of the participation of the petitioner in the activities, specified in the said ordinances, the respondent granted five additional marks to the petitioner in the subject of medicine. Thus, with the aid of the said marks, the petitioner got 94 marks in the said subject. The said additional marks were granted in lieu of participation of ...
Tag this Judgment!Ramrao Marotrao Budruk Vs. the State of Maharashtra and anr.
Court: Mumbai
Decided on: Aug-30-1994
Reported in: 1995(2)BomCR569; (1995)97BOMLR953
S.S. Dani, J.1. Heard Shri Shelke, learned Counsel for the petitioner and Shri Patil, learned A.P.P., for the State.2. The matter is taken up for final hearing by consent.3. The petitioner is the Sarpanch of village Pangri which is under the jurisdiction of Loha police station, district Nanded. It is alleged that on 15-8-1994, on the Independence day, the petitioner while hoisting the Indian National Flag brought into contempt by not properly unfurling the Flag. On the basis of this complaint, an offence punishable under section 2 of the Prevention of Insults to National Honour Act, 1971 came to be registered against the petitioner at Crime No. 23 of 1994 at Loha police station. It is alleged by the prosecution that at village Pangri the petitioner hoisted and unfurled the Flag by tying the bottom with a string and not from the top side and as such, the Flag came one foot down from upwards and this brought the Indian National Flag into contempt by his own action. The petitioner moved t...
Tag this Judgment!Hotel Corporation of India Ltd. Vs. R.V. Adke and ors.
Court: Mumbai
Decided on: Aug-29-1994
Reported in: (1996)ILLJ60Bom
V.P. Tipnis, J.1. This writ petition filed by the Hotel Corporation of India Ltd. under Article 226 of the Constitution of Indian challenges the legality and correctness of the order dated 27.2.1991 passed by the learned Presiding Officer. 1st Labour Court. Bombay, in application filed under the provisions of section 33-C(2) of the Industrial Disputes Act, whereby the learned Judge was pleased to allow the application made by the 7 employees of the Centaur Hotel, Air Port, Bombay. 2. In the application under section 33-C(2) it was pointed out theat there is a practice of collecting service charges from the guests and customers of the hotel. It is asserted that in a meeting held on 26.9.1981 between the representative of Bharatiya Kamgar Sena and the management certain terms of agreement were agreed regarding staff service conditions. The main principle on the basis on which the service charges are payable to the employees who come in close contact with the guests. The applicants stated...
Tag this Judgment!Syed Jamir S/O Syed Usman Vs. the State of Maharashtra
Court: Mumbai
Decided on: Aug-29-1994
Reported in: 1996(2)BomCR259
R.M. Lodha, J.1. Sense and soundness of the judgment dated 5th July, 1993 passed by the Additional Sessions Judge, Akola in Sessions Trial No. 130 of 1991, State of Maharashtra v. Syed Jamir, whereby he has convicted the accused-appellant of the offence under section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act') and sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 25,000/- and in default to suffer rigorous imprisonment for one year, is under challenge in this criminal appeal filed by the appellant-accused.2. Pralhad Suryabhan Khillare, B/No. 171, Police Station Ural gave a complaint to the Police Station, Ural, Sub-division Akot, District Akola that on 26-4-1991 while he was in the Police Station, a secret informer came to the Police Station and gave information that at Nimba - Fatta four persons having suit cases and bundles of Ganja were gossiping and making suspicious movements. When Pralhad Khillare...
Tag this Judgment!Alaknanda Manufacturing and Finance Pvt. Ltd., Calcutta and Etc. Etc. ...
Court: Mumbai
Decided on: Aug-26-1994
Reported in: 1995(3)BomCR313; (1995)97BOMLR779
ORDERPendse, J.1. As soon as these three petitions were called out for hearing, the counsel were informed that this Bench would prefer not to hear these petitions as one of us (Pendse, J.) is a share-holder of respondent No. 2 Company. Shri Shah, learned counsel appearing on behalf of the petitioners, Shri Advocate General, appearing on behalf of respondent No. 2 and Shri Rana, learned counsel appearing on behalf of respondent No. 3 stated that not only the parties and counsel have no objection but on the other hand, insist that the Bench should take up the petitions for hearing. We have proceeded to hear the petitions in view of the specificstatement made by the counsel.The petitions under Art. 226 of the Constitution were filed to challenge legality of order dated November 26, 1991 passed by Company Law Board, Western Region Branch, Bombay while disposing of three sets of references made by respondent No. 2 Company in accordance with sub-sec. (4)(c) of S. 22A of Securities Contracts ...
Tag this Judgment!Christian Community Welfare Council of India and Another Vs. Governmen ...
Court: Mumbai
Decided on: Aug-26-1994
Reported in: 1996ACJ199; 1996(1)BomCR70; 1995CriLJ4223; 1994(2)MhLj1769
R.M. Lodha, J.1. Police lock-up or death trap Police lawlessness or rule of law Police muscle or personal modesty Police harassment or human rights Yet again a case of custodial death has given rise to myriad hard-touching and soul searching questions. In this country where rule of law is inherent in each and every action and right of life and liberty is prized fundamental right adorning highest place amongst all important fundamental rights, whether life has no meaning to a person in police custody Whether personal modesty, decency, dignity on arrest of a person are increasingly exposed to third-degree practices which over-step the bounds of propriety How long, harsh, crude, oppresssive, excessive and torturous third-degree methods to the arrested person in the name of seeking information or investigation can be allowed to continue Whether police personnel are custodians of law and order or law unto themselves and depredators of civil liberties Whether to strip a person of his clothes...
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