Mumbai Court August 1994 Judgments
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Associated Electrical Agencies Vs. Commissioner for Workmen's Compensa ...
Court: Mumbai
Decided on: Aug-04-1994
Reported in: 1994ACJ1078; 1995(2)BomCR82; (1994)96BOMLR39; [1995(70)FLR749]; (1995)ILLJ368Bom; 1995(1)MhLj379
Pendse, J.1. M/s. Associated Electrical Agencies is a partnership concern carrying on business in electronic goods. Respondent No. 2 was employed for carrying out repairs of television sets on a monthly salary of Rs. 1,000/-. On July 17, 1987, while carrying out repairs of a television set, a component of the set resulting into inquiry to the face of respondent No. 2. Respondent No. 2 lost vision of the left eye. Respondent No. 2, at the time of the incident, was 27 years old. 2. The Legislature enacted the Employees' State Insurance Act, 1948 (for short 'the ESI Act') to provide for certain benefits to employees in case of sickness, maternity in case of female employees, employment injury and to make provision for certain other matters in relation thereto. The ESI Act came into force on April 19, 1948. The provisions of the Act apply to all the factories other than seasonal factories and the State Government, with the approval of the Central Government, is authorised to make the provi...
Shree Datta Digambar Sahakari Doodha Vyavasayik Sanstha Ltd. and ors. ...
Court: Mumbai
Decided on: Aug-04-1994
Reported in: 1995(1)BomCR395
A.V. Savant, J.1. Heard Shri Singhvi for the petitioners and Shri Dharmadhikari for the respondent.2. Having regard to the nature of the controversy, and the urgency of the reliefs claimed, this petition has to be disposed of at the stage of admission itself. Hence, Rule. By consent, rule made returnable forthwith. Heard Counsel.3. The 15 petitioners are the primary societies and the respondent-Sangh is the Taluka Federation (for short, the Sangh). The petition is by the 15 societies, who are desperately trying to become the members of the respondent-Sangh. However, in view of the forth coming elections, the Sangh wants to somehow deny the benefits of membership to the petitioners, as will be evident from the facts mentioned below.4. According to the affidavits which have been filed before me, it is clear that the petitioners had initially applied to the respondent-Sangh between June 22 and June 28 of 1993 for the membership of the Sangh in accordance with the procedure laid down in se...
Smt. Jayashri D/O Padmakar Rajwade Vs. Vibhas S/O Kalyanrao Kulkarni a ...
Court: Mumbai
Decided on: Aug-04-1994
Reported in: 1995(2)BomCR588; I(1995)DMC5
A.D. Mane, J.1. This criminal writ petition arises out of proceeding under section 125 of the Code of Criminal Procedure, 1973 (for short the Code) initiated by the respondent No. 1 against the petitioner. This writ petition is filed for quashing of the said proceeding which is pending before the Judicial Magistrate, First Class, Edlabad.2. The petitioner married the respondent No. 1 on 15-5-1978 according to Hindu rites and ceremonies. One son was born to them out of the said wedlock. It appears that the marriage was broken when the consent decree of divorce was obtained by parties in Hindu Marriage Petition No. 140/1981 on 18-3-1981. After the dissolution of the marriage, the petitioner filed Miscellaneous Criminal Application No. 150/1982 under section 125 of the Code for maintenance for and on behalf of her minor son. In that criminal application, a compromise was arrived at. The respondent No. 1 agreed to transfer part of his land in the name of minor. Though the mutation was effe...
G.P. Rashiwala and Company Vs. Union of India (Uoi) and anr.
Court: Mumbai
Decided on: Aug-04-1994
Reported in: 1995(2)BomCR66
M.L. Dudhat, J.1. The petitioners are a partnership firm. The petitioners have filed the present writ petition for cancellation/withdrawal of the impugned bills dated 1st February, 1983 and 1st April, 1983 (Exhs. A and D to the petition respectively) and impugned letters/orders dated 10-9-1984, 7-1-1985, 23-5-1985 and 24-6-1985. The petitioners have also prayed for a direction to the respondents for reconnection of telephone bearing No. 361663 installed at their Bombay office at 29/33, 3rd Bhoiwada, Bhuleshwar, Bombay - 2. It is contended on behalf of the petitioners that prior to December, 1980 the petitioners were carrying on their business in Bombay at Manbai Velji building, 145/B, Dr. Viegas Street, Gaiwadai, Bombay - 400 002 and were having telephone No. 311850. Since the said office premises was in a dilapidated condition and required extensive repairs the petitioners closed down the said office and shifted their business to 29/33, 3rd Bhoiwada, Bhuleshwar, Bombay - 2. It is the ...
Lotan Ramchandra Shimpi and ors. Vs. Shankar Ganpat Kayasth and ors.
Court: Mumbai
Decided on: Aug-04-1994
Reported in: 1994(4)BomCR575; (1994)96BOMLR1
V.H. Bhairavia, J.1. Being aggrieved by the judgment and order dated 21st October, 1982 passed by the learned Assistant Judge, Dhule, in Civil Appeal No. 266 of 1981 confirming the judgment and decree dated 9th July, 1981 passed by the learned Civil Judge, Junior Division, Sakri, in Regular Civil Suit No. 60 of 1977, the appellants-plaintiffs have preferred this appeal.The suit was filed for recovery of possession of the suit lands, being gat No. 56 (survey No. 35/2 and get No. 60 (survey No. 36/1), situated at village Bhadane, under the Specific Relief Act. It was alleged that the defendants have forcibly dispossessed the plaintiffs from the suit lands. The suit was contested by the defendants contending that the possession of the suit lands has been lawfully given to the defendants by the deceased father of the plaintiffs under an agreement to sell (Exh. 55), which is a registered document. After framing issues and recording evidence, the learned trial Judge dismissed the suit by his...
Jalba Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-04-1994
Reported in: 1995(2)BomCR575; II(1994)DMC588
M.S. Vaidya, J.1. This Appeal is directed against the judgment and conviction order dated 13th October, 1992 passed by the learned 2nd Additional Sessions Judge, Nanded in Sessions Cases No. 61 of 1992, on his file. The learned Judge had convicted the appellant of the offence punishable under Section 302 of the Indian Penal Code, and had sentenced him to suffer R.I. for life and to pay a fine of Rs. 500/-, in default, to suffer further R.I. for three months. Appropriate orders regarding the set off of the period of detention were passed.2. The appellant, a resident of CIDCO Colony Nanded was an employee of some Textile Mill and was, probably, active in the trade-union activities. His first wife had died some years ago, leaving behind about three children and, thereafter, he had married with deceased--Sumanbai, about 15-years before the date of the incident, which is said to have been taken place on 11.11.1990. According to the prosecution, the appellant had returned home at about 11.00...
Ganpat Pratap Bhogle Vs. H.L. Roche and ors.
Court: Mumbai
Decided on: Aug-04-1994
Reported in: 1994ACJ1101
M.L. Pendse, J.1. This appeal is companion to Original Side Appeal No. 676 of 1993 in Associated Electrical Agencies v. Commissioner for Workmen's Compensation 1994 ACJ 1078 Bom, in which today we have delivered judgment. For the reasons recorded in that judgment, this appeal must fail.The appellant in this case was employed in Forbes Forbes Campbelle and Co. Pvt. Ltd. and was proceeding to the place of work in a bus engaged by the employer. Motor vehicle bearing No. MRR 7601 met with an accident on January 28, 1979, causing injuries to the appellant, It is not in dispute that the establishment where the appellant was working is covered by the provisions of Employees' State Insurance Act. It is equally not in dispute that the appellant has received the benefits available under Employees' State Insurance Act in respect of the employment injury suffered.2. The appellant filed claim for damages before Motor Accidents Claims Tribunal for Greater Bombay in respect of the injury suffered. Th...
Mohan Sugan Naik and ors. Vs. National Textile Corporation (South Maha ...
Court: Mumbai
Decided on: Aug-03-1994
Reported in: (1995)ILLJ110Bom
M. L. Pendse, J.1. The appellants were employed by management of New City of Bombay Manufacturing company which had been subsequently taken over by National Textile Corporation. On December 1, 1980, the appellants were served with a charge-sheet for misconduct under Standing Order 21(k) viz. riotous or disorderly behaviour during working hours on mills premises or any act of subversive discipline. The gravaman of the charge against the appellants was that an enquiry was held by the Factory Manager Shri P. H. Abhitkar against appellants Nos. 2 and 3 in respect of some incident and during that enquiry on November 29, 1980, charge-sheet was served on appellants Nos. 2 and 3. During the enquiry, the three appellants approached the Enquiry Officer and enquired as to how the Enquiry Officer is entitled to conduct enquiry in respect of some incident which had taken place outside the premises of the mills. The three appellants then threatened the Enquiry Officer in case the enquiry is proceede...
Govind Mahadeo Bandekar Vs. Smt. Cusum Alias Jankibai R. Usgaonkar and ...
Court: Mumbai
Decided on: Aug-03-1994
Reported in: 1995(3)BomCR269
E.S. Da Silva, J.1. The challenge in this petition is the judgment of the Administrative Tribunal dated 21st June, 1990 in Eviction Appeal No. 53 of 1987 whereby, during the pendency of the said appeal, the Tribunal has allowed an application filed by the respondents, who were the appellants in the said appeal, under section 32(4) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 (hereinafter called the Act) and stopped all further proceedings in the appeal, directing the petitioner who was the respondent in the appeal to put the landlord in vacant possession of the suit premises. As the petitioner put it the limited question in the petition is whether the Tribunal has jurisdiction to entertain the appeal of the respondents which sought to impugn the order of the Rent Controller whereby he had dismissed a review application filed by the respondents against an earlier order passed by him rejecting the respondents' application for eviction of the petitioner...
Dashrath S/O Ramkrishna Shelke Vs. the State of Maharashtra Through th ...
Court: Mumbai
Decided on: Aug-03-1994
Reported in: 1994(4)BomCR570
M.S. Rane, J.1. This petition is being disposed of at the stage of admission itself on hearing the learned Counsel for both the sides and on perusal of the relevant record comprising of the pleadings i.e. the return filed by the 4th respondent, petition and service record of the petitioner made available by the respondents to the Court.2. The petitioner, a District Judge, in this petition challenges order dated 18th November, 1993 issued by Law and Judiciary Department, Mantralaya, Bombay compulsorily retiring him from service as a District Judge in public interest. The said order has been passed under sub-clause (1) of Clause (a) of sub-rule (4) of Rule 10 of the Maharashtra Civil Services (Pension) Rules, 1982 (for the sake of brevity hereinafter referred to as 'the Rules').3. The brief appraisal of the facts would be necessary.The petitioner joined the judicial service in Maharashtra in the year, 1970 as Civil Judge. Junior Division and Judicial Magistrate, First Class, in the year ...
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