Mumbai Court August 1994 Judgments
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Mohmed Shafi Sardar Patel Vs. the State of Maharashtra and anr.
Court: Mumbai
Decided on: Aug-11-1994
Reported in: 1994(4)BomCR514
Vishnu Sahai, J.1. The appellant aggrieved by the judgement and order dated 25-1-1993 passed by the IInd Additional Sessions Judge, Solapur in Sessions Case No. 91 of 1992 convicting him under section 302 I.P.C. and sentencing him to undergo life imprisonment and to pay a fine of Rs. 10,000/- in default to further undergo R.I. for two years, has come up in appeal before this Court.2. The prosecution case in brief is that the informant (deceased) Mohammed Nadaf was resident of Vijapur, Begumpet, House No. 58, District Solapur. He used to reside in the aforesaid house along with his wife P.W. 7 Anwarbi Nadaf (respondent No. 2). He is alleged to have been selling ice at Vijapur and Shastrinagar. It is also alleged that the appellant used to sell ice at his shop in Vijapur. On account of the common business, a rivalry is alleged to have been existing between the two of them. It is said that the appellant in order to eclipse the informant-deceased was reducing and increasing the prices of i...
Smt. Bhagem Anant Shirodkar Vs. Shri Bascore Vitola Sinai Vaglo and or ...
Court: Mumbai
Decided on: Aug-11-1994
Reported in: 1995(3)BomCR559
E.S. Da Silva, J.1. The challenge in this writ petition is the judgment and order of the Administrative Tribunal dated 21st June, 1990 in Eviction Appeal No. 13/84 which has affirmed the judgment and order of the Additional Rent Controller, Goa North Division, Panaji, dated 31st March, 1989. By the said order given in Case No. Rent/34/78 the Additional Rent Controller has allowed an application of the respondent No. 1. (hereinafter called 'the respondent') under section 23(1) and directed the petitioner to hand over peaceful and vacant possession of the suit premises to him within 45 days from the date of the order.2. The case of the petitioner is that he is a tenant of a building situated at Fountain has, Mala, Panaji, in the property described in the Land Registration Office under No.1998 belonging to the respondent who is her landlord. On 12-10-1978 the respondent filed an application before the Rent Controller for the eviction of the petitioner from the leased premises on the groun...
P.R. Sukeshwala and Another Vs. Dr. Devadatta V.S. Kerkar and Another
Court: Mumbai
Decided on: Aug-10-1994
Reported in: AIR1995Bom227; 1995(4)BomCR89; (1994)96BOMLR15; 1995(1)MhLj179
ORDER1. The petitioners challenge in this Writ Petition under Art. 227 of the' Constitution of India the Order of the learned Civil Judge, Senior Division, Panaji, dated 10-4-1990in Special Civil Suit No. 174/89/A.2. By the aforesaid Order the learned Civil Judge has dismissed with costs two applications made by the petitioners under O. 7, Rule 11 of Civil Procedure Code seekingthe rejection of the plaint in the suit filed against them by the respondents. 3. The respondents had filed this suit for damages in respect of the petitioners' alleged negligence in making proper arrangements with regard to supply of air tickets sold to the respondents by the petitioners for a trip to foreign countries. The petitioner No. 1 is the District Sales Manager of KLM Royal Dutch Airlines based in Bombay while the petitioner No. 2 is the Manager of Air Travels Agency known as Thakkar Travel Services in, Goa.It is the case of the respondents in the suit that they had travelled by the air flight of KLM R...
Mayuri Pulse Mills and Others Vs. Union of India and Others.
Court: Mumbai
Decided on: Aug-10-1994
Reported in: 1996(5)BomCR348; (1994)96BOMLR953; [1996]86CompCas121(Bom)
R.M. Lodha, J.1. The constitutional validity of sections 138, 139, 140 and 141 in Chapter XVII of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act'), as enacted by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988, is under challenge in this bunch of six writ petitions. Since all these writ petitions involve the aforesaid common question of law, these petitions are decided by this common judgment. 2. Before we appreciate the submissions made by learned counsel challenging the provisions of sections 138, 139, 140 and 141 of the Negotiable Instruments Act, 1881, as ultra vires and violative of articles 14 and 21 of the Constitution of India, briefly the facts of Criminal Writ Petition No. 91 of 1994 may be adverted to. 3. It is alleged in Criminal Writ Petition No. 91 of 1994 Mayuri Pulse Mills v. Union of India that respondent No. 4, Parmanand Mohanlal Rathi, proprietor, Rathi Trading Company, filed a complaint against the peti...
National Textile Corporation S.M. Ltd. Vs. Shivaji Shankar Gawde and o ...
Court: Mumbai
Decided on: Aug-10-1994
Reported in: [1995(70)FLR1009]; (1995)IILLJ511Bom
S.H. Kapadia, J. 1. By this writ petition, National Textile Corporation seeks to challenge concurrent findings of fact recorded by Judgment and order dated 29th April 1989 in Application (BIR) No. 358 of 1984 passed by the Labour Court Bombay and confirmed by the Industrial Court vide Judgment and Order dated 13th August 1991 in Appeal (IC) No. 62 of 1990. 2. The facts giving rise to this writ petition, briefly are as follows : (a) Respondent No. 1 was in the employment of the Mill as a Turner since 1969. His last drawn salary was Rs. 1,000/- per month. From 18th January 1982, there was a strike in the Cotton Textile Industry of Greater Bombay. On account of tense situation in the Mill area, workers were not in a position to report for duty. It is claimed by the respondent No. 1 that he was one of the willing workers who could not report for duty during there relevant period. According to respondent No. 1, he did not participate in the strike. He was going to the Gate of the Mill every...
Employees' State Insurance Corporation Vs. Nathu Haribhau Dharade
Court: Mumbai
Decided on: Aug-10-1994
Reported in: 1995ACJ215; (1999)IIILLJ70Bom
D.R. Dhanuka, J.1. Employees' State Insurance Corporation has preferred this appeal against order dated January 11, 1988 passed by the Employees' State Insurance Court at Bombay in Application (ESI) No. 5 of 1985.2. This appeal does not involve any substantial question of law. The trial Court has rightly followed the ratio of the decision of this Court in the case of Mohamad Ismail Ansari v. E.S.I.C. Bombay : (1979)IILLJ168Bom . It is not open to this Court to entertain arguments and consider as to whether the said case was rightly decided or wrongly decided. I am in respectful agreement with the above referred judgment rendered by Division Bench of this Court.3. The respondent was an insured person and an employee under the provisions of Section 2(9) of the Employees' State Insurance Act, 1948. The respondent was working in the premises of M/s. Raymond Wool, Combing Division, Thane on October 8, 1982, when the respondent met with an accident and was admitted to E.S.I. Hospital, Mulund...
E.S.i.C. Vs. Indian Sewing Machine Co. Ltd.
Court: Mumbai
Decided on: Aug-10-1994
Reported in: 1995(1)BomCR342; (1994)96BOMLR161; (1995)IILLJ514Bom
D.R. Dhanuka, J. 1. The Employees' State Insurance Corporation has preferred this appeal against order dated April 29, 1983 passed by the Employees' Insurance Court, Bombay in Application (ESI) No. 27 of 1979. By the impugned order under appeal, the trial Court held that the head office/principal office and warehouse of the applicant company were not covered under the Employees' State Insurance Act, 1948. By the said order, the trial Court further held that the establishments mentioned in para. 6 of the application (Exhibit C-1) were also not amenable to coverage under the said Act. By the said order, it was further declared that the applicant company was not required to comply with any provisions of the E.S.I. Act and/or the Scheme and/or the Regulations framed thereunder in respect of or in relation to any of the concerned establishments or the persons employed therein till the time the position disclosed in the application (Exh. C-1) subsisted. 2. Indian Sewing Machine Co. Ltd. is a...
Janardan J. Shinkre Vs. Smt. Rukminibai P. Shet Nagwekar and ors.
Court: Mumbai
Decided on: Aug-10-1994
Reported in: 1995(4)BomCR97
E.S. Da Silva, J. 1. This petition under Articles 226 and 227 of the Constitution challenges the judgment of the Administrative Tribunal dated 21-10-1991 in Eviction Appeal No. 22 of 1984 which has affirmed the judgment of the Additional Rent Controller, Panaji, dated 31-3-1984. In the said judgment passed in Case No. Rent/35/78, the Additional Rent Controller has allowed an eviction application filed by the respondent No. 1 (hereinafter called the respondent) and directed the petitioner to hand over the vacant and peaceful possession of the suit premises to the respondent within a period of 45 days. 2. It is the case of the petitioner that he is the tenant in respect of premises belonging to the respondent which are situated at Rua de Ourem, Portais, Panaji, out of which three compartments of the building bearing Matriz No. 68 were leased to him by the late husband of the respondent Purxotoma alias Bhiku Nagwekar by deed dated 19th May, 1962. The lease was executed in the petitioner's...
Oriental Insurance Co. Ltd. and ors. Vs. Hasmat Bi and ors.
Court: Mumbai
Decided on: Aug-10-1994
Reported in: I(1995)ACC1; 1996ACJ637
A.A. Halbe, J.1. The appellant insurance company has preferred this appeal against the award of compensation of Rs. 1,44,000 with 12 per cent interest thereon and costs of Rs. 2,000/- on the ground that the insurance company is liable only to the extent of Rs. 15,000/- under the Act policy in respect of one passenger.2. The respondent transport corporation has preferred the cross-objections, on the ground that the amount of compensation is pretty high looking to the age and earnings of the deceased.3. The facts are that on 18.9.1987 at about 7.15 p.m. the deceased Sk. Mohidin alias Sk. Ismail was a passenger in the corporation bus, GDX 47. The bus was going from Sanquelim to Bicholim. When the bus was taking a turn on a culvert at Sanquelim in front of the Happy Home Restaurant, it is claimed that the driver drove the bus in high speed as a result of which the deceased who was inside the bus was thrown out and sustained injuries and ultimately succumbed to the injuries. The claimants a...
National Insurance Co. Ltd. Vs. Shri Madhusudhan Parmeshvarmenon
Court: Mumbai
Decided on: Aug-10-1994
Reported in: II(1995)ACC176
G.D. Kamat, J.1. The appellants, National Insurance Co. Ltd., being aggrieved by the Award dated 1st August, 1988, made in Claim Petition No. 69/85 by Motor Accident Claims Tribunal, file the present appeal.2. Claim petition was instituted by the first respondent, who was an employee of Madras Rubber Factory, claiming a sum of Rs. 97,900/- as and by way of compensation in respect of an accident that he met on 3rd March, 198S, out of the use of motor vehicle and as a result of which he had suffered fracture injuries to his left hand. Respondent No. 1/original claimant boarded passenger bus No. GDS-1819 (Gulmohar) and as the bus was already over-crowded he was standing close to the door. According to him, when the bus reached near Gurti it suddenly swerved to the left side in a rash and negligent manner, with a view to make way for the on-coming vehicle and thereby violently dashed against an electric pole. The sudden impact made the respondent No. 1 fall out of the bus and in the result...
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