Mumbai Court August 1994 Judgments
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Girdhardas S/O Narsingdas Chandak Vs. the State of Maharashtra and ors ...
Court: Mumbai
Decided on: Aug-08-1994
Reported in: 1996(1)BomCR6
H.W. Dhabe, J. 1. Parties by counsel. Rule. Heard forthwith. It will be convenient to dispose of the Writ Petition No. 2040 of 1994 which is claimed to be a Public Interest Litigation while disposing of the Writ Petition No. 1562 of 1994.2. The facts in Writ Petition No. 1562 of 1994 are that, the petitioner therein is the lessee of Plot Nos. 183 and 184 situated at Ayurvedic College Lay out, Umrer Road, Bhande Plot Chowk, Nagpur. According to the petitioner, he has built up huge structure thereon consisting of Ground plus four stories each storey admeasuring 5500 sq.ft. as Carpet Area and the built up area is more than 6,500 sq.ft. in each floor. Further, according to the petitioner, there are other facilities such as Toilet, Water, Bath Room etc. On the ground floor. According to him, on each side, there is an open space of 17' wide and 100' long. There is also a facility of lift and two separate staircases to his building.3. On 2-2-1993, the Forest Development Corporation of Maharas...
Mustafa Khan S/O Ibrahim Khan Pathan Vs. Mst. Jainabbi W/O M.A. Hafiz ...
Court: Mumbai
Decided on: Aug-08-1994
Reported in: (1994)96BOMLR122
B.U. Wahane, J.1. Applicant Mustafa Khan Ibrahim Khan Pathan in this revision application challenges the order dated 5th May, 1993 passed by the Civil Judge, Senior Division, Wardha, In Execution Darkhast No. 242 of 1992, rejecting the objection as regards tenability of the execution.2. The brief facts are as follows:Ibrahim Khan Shahadatkhan Pathan had instituted Civil Suit No. 367 of 1977 against non-applicants Nos. 1 to 3 for declaration and permanent injunction. According to the plaintiff, he owned and possessed agricultural fields Survey Nos. 10/1 and 10/2, admeasuring 7.74 acres an 0.48 acres respectively, situated at npuza Nalwadi, tahsil and district Wardha. He purchased the above-referred suit fields from one Mst. Mehtabbi widow of Mohd. Sayeed, resident of Wardha, by a registered sale-deed dated 21.11.1967 for a consideration of Rs. 6.000/-. Since then he was in continuous and peaceful possession or the fields in dispute.3. Defendant No. 1 Mst. Jainabbi wife of M.A. Hafiz and...
Khemraj Hiralal Agarwal Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-05-1994
Reported in: 1995(1)BomCR347; 1995CriLJ2271
1. The appellant aggrieved by the order dated 30-11-1987 passed by the Additional Sessions Judge, Pune in Sessions Case No. 285 of 1987, convicting him under Sections 498-A and 306 IPC, and awarding him a composite sentence of 3 years R.I. and a fine of Rs. 2000/- in default of payment of fine, to further undergo 6 months R.I. has come up in appeal before me. Along with the appellant, his elder brother Omprakash Hiralal Agarwal was tried but, he was acquitted by the aforesaid order. 2. The prosecution case in brief is that informant Ashok Kumar Shridhar Agarwal PW 1 is a resident of Rajgurunagar and is the real brother of the deceased Pushpa. On 25-2-1982, Pushpa is alleged to have been married to the appellant who is a resident of village Lohagaon. The marriage is alleged to have taken place in Rajgurunagar. After the marriage, Pushpa along with her husband, her husband's elder brother (acquitted accused Omprakash Hiralal Agarwal) two younger brothers and parents started living in Loh...
Apparao Basavannappa Manore Vs. Wandleside National Conductors Ltd. an ...
Court: Mumbai
Decided on: Aug-05-1994
Reported in: (1995)ILLJ243Bom
B.N. Srikrishna, J.1. This writ petition under Article 227 of the Constitution of India impugns an Award dated 27th May, 1985 made by the Second Labour Court, Pune in Reference (DA) No. 151 of 1983 under the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'), holding that the petitioner was not a workman within the meaning of section 2(s) of the said Act and refusing relief to him. 2. The salient facts are : The Petitioner joined the services of the First Respondent on 26th December, 1963, as a Trade apprentice. He was, thereafter promoted as a Machine Operator and later promoted as a Charge Hand in the Junior Supervisory Staff Grade on 1st April, 1970. By virtue of reclassification made in June 1974, the Petitioner was reclassified as a Production Supervisor and fitted in the appropriate grade applicable to such Supervisors, with effect from 1-1-1974. On 17th July, 1975, the Petitioner was promoted as Senior Supervisor in the Senior Supervisory Mana...
Baburao Parashuram Ukharde and ors. Vs. Laxmibai W/O Parashuram Ukhard ...
Court: Mumbai
Decided on: Aug-05-1994
Reported in: 1995(2)BomCR293; (1995)97BOMLR897
D.R. Dhanuka, J.1. This is an appeal against decree dated 16 April, 1980 passed by the Court of the Joint Civil Judge, Senior Division, Nasik at Nasik in Special Suit No. 126 of 1975. The original appellant in this appeal was original defendant No. 1 in the suit. During pendency of the appeal, the original defendant No. 1 died. The appeal is being prosecuted by the heirs and legal representatives or original appellant. During the pendency of the appeal, the respondent No. 1 in this appeal i.e. the original plaintiff Smt. Laxmibai w/o Parashuram Ukharde also died. The heirs and legal representatives of Smt. Laxmibai are on record of this appeal as respondent Nos. 1-A and 1-B.2. One Parashuram Ukharde was the karta of Joint Hindu Family which owned several properties. Parashuram was karta of the said family. Parashuram married one Zawarabai (nee Laxmibai) daughter of Shri Punja Jadhav. Parashuram had two sons from Zawarabai by name Baburao and Devram and two daughters by name Nanibai and...
iqbal Hasanali Rupani and anr. Vs. the State of Maharashtra and ors.
Court: Mumbai
Decided on: Aug-05-1994
Reported in: 1995(2)BomCR78
Vijay Bahuguna, J.1. Since both the above petitions challenge the legality of the detention orders passed on the same day and as the detenue in both the petitions were involved in the same incident, the petitions were heard together and are being disposed of by this common Judgment.2. By means of the above habeas corpus petitions under Article 226 of the Constitution of India, the petitioners have challenged the detention orders passed under section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. Petitioner in Writ Petition No. 297 of 1994 is the elder brother of the detenu Shri Firoz Hasanali Rupani, while petitioner in Writ Petition No. 335 of 1994 is the mother of the detenu Shri Harmindersingh Santosksingh Dhanjal.3. The detenue in both the petitions were detained by order dated 4-2-1994 passed by Shri D.C. Singh, Secretary (Preventive Detention), Government of Maharashtra and the Detaining Authority. The grounds of detention were ...
Smt. Sumati K. Shirodkar Vs. Miss Terezinha Serrao and ors.
Court: Mumbai
Decided on: Aug-05-1994
Reported in: 1995(3)BomCR283
E.S. Da Silva, J.1. The challenge in this petition is the judgment of the Administrative Tribunal, Goa, Daman and Diu at Panaji, dated 22-10-1990, in Eviction Appeal No. 13 of 1987 which has affirmed the judgment and order of the Addl. Rent Controller dated 30-10-1986 in Case No. Rent/ARC/28/80. By the aforesaid judgment the Addl. Rent Controller has allowed respondent No. 1's (hereinafter referred to as the respondent) application under section 32(4) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction.) Control Act, 1968 (hereinafter referred to as the Act), in eviction proceedings filed by her against the petitioner for failure to pay rents and consequently dropped the proceedings directing the petitioner to hand over vacant possession of the suit premises to the respondent within a period of four months from the date of his order.2. The case of the petitioner is that he is a tenant in respect of a portion of the ground floor of the building known as 'Serrao Building' situa...
Baburao Parashuram Ukharde and ors. Vs. Smt. Laxmibai and ors.
Court: Mumbai
Decided on: Aug-05-1994
Reported in: II(1995)DMC326
D.R. Dhanuka, J.1. This is an appeal against decree dated 16th April, 1980 passed by the Court of the Joint Civil Judge, Senior Division, at Nasik in Special Suit No. 126 of 1975. The original appellant in this appeal was original defendant No. 1 in the suit. During pendency of the appeal, the original defendant No. 1 died. The appeal is being prosecuted by the heirs and legal representatives of original appellant. During the pendency of the appeal, the respondent No. 1 in this appeal i.e., the original plaintiff Smt. Laxmibai w/o Parashuram Ukharde also died. The heirs and legal representatives of Smt. Laxmibai are on record of this apeal as respondent Nos. 1-A and 1-B.2. One Parashuram Ukharde was the Karta of Joint Hindu Family which owned several properties. Parashuram was Karta of the said family. Parashuram married one Zawarabai (nee Laxmibai) daughter of Shri Punja Jadhav. Parashuram had two sons from Zawarabai by name Baburao and Devram and two daughters by name Nanibai and one...
Collector of Customs Vs. Menon Impex Pvt. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-04-1994
Reported in: (1995)(75)ELT871Tri(Mum.)bai
1. This Reference Application has been moved by the Revenue in respect of Order No. 479-80/93-WRB, dated 31-3-1993. The undisputed facts even now are as below.2. The Respondents have imported certain items in terms of Notification No. 77/80 for manufacture of export goods in their unit in the Kandla Free Trade Zone. Some items could not be used for manufacture of export goods, because it will affect the quality of the export goods. Hence they remained unutilised. The Collector, in the adjudication proceedings, ordered confiscation of the goods, but allowed the goods to be redeemed on payment of fine of Rs. 5000/- and also imposed a penalty of Rs 4000/-. He also ordered recovery of duty in respect of those goods ordered confiscation for failure to comply with the conditions of Notification No. 77/80. During the hearing of the appeal before us, the Respondents stated that they are not interested in redeeming the goods, which have been ordered confiscation and hence payment of duty on th...
Babu Hamidkhan Mestry Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-04-1994
Reported in: 1995(1)BomCR339; (1994)96BOMLR312; 1995CriLJ2356; 1995(1)MhLj843
1. The appellant aggrieved by the order dated 27-2-1986, passed by the Special Judge (Riots) Thane in Special Criminal Criminal Case No. 51 of 1984, convicting him under Sections 147, read with Sections 149 I.P.C., 148 read with Sections 149 I.P.C., 427 read with Sections 149 I.P.C., 436 read with Section 149 I.P.C, and sentencing him to undergo R.I. for 6 months and to pay a fine of Rs. 100/- in default to further undergo R.I. for 1 month under the first count; R.I. for 9 months, and to pay a fine of Rs. 100/- in default to further undergo R.I. for 1 month under the second count; R.I. for 1 year and to pay a fine of Rs. 300/- in default to further undergo R.I. for 3 months under the third count; and R.I. for one and a half years and to pay a fine of Rs. 500/- in default to further undergo R.I. for 3 months under the fourth count. Substantive sentences to run concurrently, has come up in appeal before me. Along with the appellant, a very large number of accused persons were tried, but,...
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