Mumbai Court August 1994 Judgments
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Ramdas Shriniwas Nayak and Another Vs. Union of India and Others
Court: Mumbai
Decided on: Aug-19-1994
Reported in: AIR1995Bom235; 1995(3)BomCR301; (1995)97BOMLR809
ORDERDr. B. P. Saraf, J.1. Mr. Ramdas S. Nayak, the Petitioner No. 1 is a social worker and an Ex-member of the Legislative Assembly of Maharashtra and presently a Corporatorof the Bombay Municipal Corporation. Petitioner No. 2 Mr. Vinay P. Shasrabuddhe, is also a social worker and Executive Director of Rambhau Mhalgi Prabodhini. By this writ petition filed by way of public interest litigation, both these petitioners seek to challenge the power purchase agreement being finalised between the Maharashtra State Electricity Board (Respondent No. 6 herein)'and the Dabhol Power Company, promoted by the U. S. based Enron Corporation, on the ground that it is unconstitutional and against the interest of the people at large. It is contended by the petitioners that this deal, which according to them is shrouded in total secrecy, is blatantly illegal and has grave financial implications on the State Exchequer and the people in general.2. When the matter came up before us on 15th July, 1994, we he...
Kashinath Raghunath Shinde Vs. State of Maharashtra and Another
Court: Mumbai
Decided on: Aug-19-1994
Reported in: (1997)IIILLJ496Bom
1. This Writ Petition under Article 226 of the Constitution of India impugns an Order, dated May 22, 1984, made by the Dy. Commissioner of Labour, Pune, under Section 12 of the Industrial Disputes Act, refusing to make a Reference of the industrial dispute raised by the petitioner.2. The salient facts requisite for disposal of this Writ Petition are : The petitioner was in the permanent employment of the Third Respondent as a Miller for about 13 years. He was an active member of a trade union and actively participated in its legitimate trade union activities. He was served with a charge sheet dated May 2, 1983, 15 alleging a misconduct against him. An inquiry was held, and he was dismissed from service by an Order, dated July 2, 1983. The Petitioner made a demand for reinstatement, which was not conceded. The Petitioner, therefore, moved the conciliation machinery and, by report made on February 7, 1984 under the Industrial Disputes Act, the Conciliation Officer reported the failure of...
Narsayya Lingayya Vilasagar Vs. Joint Regional Director, E.S.i. Corpor ...
Court: Mumbai
Decided on: Aug-19-1994
Reported in: (1997)IIILLJ519Bom
1. M/s. Narsayya Lingayya Vilasagar, have preferred this appeal against order dated July 21, 1979 passed by the first Labour Court at Pune in its capacity as Employees State Insurance Court in Application (ESI/LCP) No. 7 of 1978. By the said order, the trial Court dismissed the said application preferred by the appellants before the trial Court under Section 75 of the Employees' State Insurance Act, 1948. 2. Shri Narsayya Lingayya Vilasagar used to run two handloom factories i.e. (i) at House No. 755, Ganj Peth, Pune and (2) at House No. 531, Ganj Peth, Pune as sole proprietor thereof. No power was used for running the handlooms at the said factories. Some time in the year 1972, Shri Narsayya Lingayya died leaving three sons behind him i.e. (1) Lingayya Narsayya Vilasagar, (2) Rajaram Narsayya Vilasagar and (3) Shripat Narsayya Vilasagar. After the death of the father, the three brothers formed a partnership to carry on the business of running the above referred two handloom factories ...
Shivaji Ramsing Rajput and ors. Vs. Ravalgaon Sugar Farm Ltd. and ors.
Court: Mumbai
Decided on: Aug-19-1994
Reported in: [1995(70)FLR744]; (1996)ILLJ42Bom
B.N. Srikrishna, J. 1. This writ petition under Article 227 of the Constitution of India impugns an order of the Industrial Court, Nashik, dated 2.5.1986 made in Complaints (ULP) Nos. 212 to 226 of 1984 under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the Act'). 2. The relevant facts required for disposal of this writ petition are : The First Respondent is an Industrial Establishment covered by the Bombay Industrial Relations Act, 1946 and its employees are governed by a set of Certified Standing Orders which are determinative of relations between the Petitioners and the First Respondent by virtue of section 40 of the provisions of the Bombay Industrial Relations Act, 1946. It is not in dispute that such Standing Orders are prescribed under Chapter VII of the Bombay Industrial Relations Act. 3. The petitioners were all working as 'seasonal permanent employees' within the meaning of Stand...
Standard Fabricators (India) Pvt. Ltd. Vs. the Regional Director, E.S. ...
Court: Mumbai
Decided on: Aug-19-1994
Reported in: I(1995)ACC688; 1995(1)BomCR435
D.R. Dhanuka, J.1. M/s. Standard Fabricators (India) Private Ltd., have filed First Appeal No. 772 of 1987 impugning part of order dated 9th March, 1987 passed by the Employees State Insurance Court, Bombay, in Application (ESI) No. 45 of 1987 in so far as said order is against the appellant. The E.S.I. Corporation has filed First Appeal No. 852 of 1987 against the same order in so far as the said order is against the Corporation. M/s. Standard Fabricators (India) Private Ltd., the employer is covered under the Employees State Insurance Act.2. By an order dated 1st August, 1981, passed under sub-section (1) of section 45A of the Employees State Insurance Act, 1948 (being the order impugned in Application (ESI) No. 45 of 1987), the Regional Director of the E.S.I. Corporation determined various amounts of contribution payable by M/s. Standard Fabricators (India) Private Ltd. to the Employees State Insurance Corporation. By the said order, various amounts of contribution payable by the sa...
Sunkappa Nagappa Pujari Vs. the State of Maharashtra
Court: Mumbai
Decided on: Aug-19-1994
Reported in: 1995(2)BomCR665
Vishnu Sahai, J.1. The appellant aggrieved by the Judgment and order dated 29-6-1993, passed by the IVth Additional Sessions Judge, Solapur in Session Case No. 56 of 1993, convicting and sentencing him to undergo imprisonment for life under section 302 of IPC has come up in appeal before us.2. The prosecution case in brief is that the deceased Sarojini was the wife of the appellant. About 2 years prior to the incident she was married to the appellant. The couples used to live in Maulali Chowk area in the city of Solapur. Sarojini always used to complain about the appellant quarreling with her and beating her. This was not taken serious note of by her parents, her uncle Gadappa Bhimanna Metepatil, P.W. 4 and other family members because, they thought them to be usual quarrels which take place between husband and wife. On 30-11-1992,the uncle of the deceased, Gadappa Bhimanna Metepatil (P.W.4) a resident of Ambedkar Nagar had some work near the Central Talkies. At about 4 pm while he was...
Ramkrishna Malhari Jamdade, Deceased, Through His L.Rs. Vs. Dattatraya ...
Court: Mumbai
Decided on: Aug-19-1994
Reported in: 1995(2)BomCR572; (1994)96BOMLR729
T.K. Chandra Shekhara Das, J.1. Writ Petition No. 3129 of 1989 is by the tenant and Writ Petition No. 3194 of 1989 is by the landlord. Civil Suit No. 609 of 1978 on the file of the Joint Civil Judge (J.D.), Ahmednagar, was filed by the plaintiff-landlord, the petitioner in Writ Petition No. 3194 of 1989 against the respondent-tenant, who is the petitioner in Writ Petition No. 3129 of 1989, for recovery of possession of the suit premises on the ground of arrears of rent and bona fide requirement. The learned Joint Civil Judge dismissed the suit on the ground that neither there is bona fide requirement nor was there any arrears of rent.2. Against the said judgment, the plaintiff, petitioner in Writ Petition No. 3194 of 1989 filed appeal before the Extra Assistant Judge, Ahmednagar, as Civil Appeal No. 278 of 1980. The appellant Court also rejected the plea of bona fide requirement, but decreed the suit for possession on the ground of arrears of rent.3. The tenant thereupon filed Writ Pet...
Nathu Yeshwantrao Bhusari Since Deceased by L.Rs. and ors. Vs. Sonabai ...
Court: Mumbai
Decided on: Aug-19-1994
Reported in: (1994)96BOMLR397
R.M. Lodha, J.1. An application for review filed in the year 1982 seeking review of the judgment of the learned Single Judge of this Court passed on 19.12.1981 in Second Appeal No. 72 of 1970 arising out of the suit filed in the year 1965 is the subject matter of decision by us.2. The original plaintiff Nathu son of Yeshwantrao Bhusari filed a suit for possession of the land in question comprising of Khasra Nos. 50/1 and 111 situated at village Sirpur in Umred Tahsil against the original defendants Jagannath Sitaram Ganar and Motiram Sitaram Ganar and Ors. in the Court of Civil Judge, Junior Division, Umrer, The original plaintiff also prayed for decree for mesne profits for the years 1962-63 and 1963-64 amounting to Rs. 1500/- and subsequent period prayed for an inquiry into mesne profit from the date of suit till delivery of possession. It was inter alia averred by the plaintiff that under the registered sale-deed dated 5.7.1956 he had purchased the disputed property, and the defenda...
Anandrao Dhondiba Kandalkar Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Aug-18-1994
Reported in: 1995(2)BomCR249; 1995(1)MhLj335
G.R. Majithia, J.1. Rule. With the consent of the learned counsel for the parties, Rule made returnable forthwith. The petitioner has challenged the orders contained in letters dated December 15, 1989 and September 7, 1993 issued by Joint Secretary, Rayat Shikshan Sanstha, Satara, in this petition under Article 226 of the Constitution. 2. Facts first : New English School, Kawathe, Yamai Taluka Shirur, District Pune, (hereinafter referred as 'the School') is managed by Rayat Shikshan Sanstha, (hereinafter referred to as 'the Sanstha'). The School is a Government recognised and aided secondary school receiving aid from the State of Maharashtra. The petitioner joined the service of the School as a part time Clerk with effect from June 16, 1968 and as a full time Clerk with effect from March 1, 1969. The petitioner wrote a letter dated September 9, 1989 to the Secretary of the Sanstha saying that he had completed more than 20 years (20 years and 6 months) of continuous service with the Sch...
Narayanan Vaghul and ors. Vs. R.K. Mhatre, Inspector, Security Guards ...
Court: Mumbai
Decided on: Aug-18-1994
Reported in: 1995(2)BomCR142; (1995)IILLJ238Bom; 1995(1)MhLj86
Vijay Bahuguna, J.1. This is a petition under section 482 of the Criminal Procedure code to quash the complaint filed by Shri R. K. Mhatre, Inspector, Security Guards Board for Greater Bombay and Thane District, against the petitioners for having contravened the provisions of Clause 14 of the Private Security guards (Regulation of Employment and Welfare) Scheme, 1981 read with section 3(3) of the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981. The petitioners further pray for quashing of the order of the learned Additional Chief metropolitan Magistrate issue process against the petitioners in Criminal Case No. 63/S of 1987. 2. The petitioner, Industrial Credit Investment Corporation of India Limited, having its registered office at Bombay is a Financial Institution involved with the financing of the development activities of the country. Respondent No. 2 is the Chairman and Managing Director of the Industrial Development Bank of India, which is the...
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