Mumbai Court September 1994 Judgments
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Jagannath Dnyanoba Parkhe Vs. Air India and Others
Court: Mumbai
Decided on: Sep-22-1994
Reported in: [1995(70)FLR849]; (1996)ILLJ65Bom
Pendse, J.1. There is no merit whatsoever in this petitioner filed under Article 226 of the Constitution to challenge the order of termination dated August 20, 1979 passed by respondents terminating the probation period of the petitioner. The order of termination was confirmed by the Appellate Authority. The petition is filed ten years after the impugned order was passed. 2. The petitioner was appointed on June 28, 1978 as Junior Technical Officer. The appointment was on probation for a duration of one year. During the probation period, it was noticed that the work of the petitioner was unsatisfactory. The petitioner could not express himself either orally or in writing and did not bother to think about the problems due to lack of knowledge. The relations of the petitioner with the other employees also required improvement. As the work of the petitioner was not found satisfactory, the probation period was extended. During the extended period, it was noticed on a surprise check that sev...
Savalaram Hiraji Jadhav and ors. Vs. the State of Maharashtra and ors.
Court: Mumbai
Decided on: Sep-22-1994
Reported in: 1995(2)BomCR432; (1995)97BOMLR942
D.R. Dhanuka, J.1. Heard learned Counsel for the petitioner as well as learned Counsel for the respondents. Rule heard forthwith for final hearing.2. Sometime in the month of March, 1994 it was decided by the prescribed authorities to constitute Neral Grampanchayat. The said Grampanchayat was to consist of 15 elected members. It was decided by the prescribed authority that the area of the said Grampanchayat shall be divided into five wards and the seats distributed as under :---In Ward 1 :- (a) 2 seats for S.C. & S.T. candidates; (b) 1 seat for women. In Ward No. 2 :- (a) 1 seat for S.T.; (b) 1 seat for women; (c) 1 open. Ward No. 3 :-(a) 2 seats open;(b) 1 seat for women;Ward No. 4 :-(a) 1 seat for women;(b) 2 seats open.Ward No. 5 :-(a) 2 seats open;(b) 1 seat for women;3. The election process for constituting the said Grampanchayat was commenced by the authorised Tahsildar as indicated below :---On 5th April, 1994 notice was published to the effect that the list of voters was kept o...
Haribhau Ramrao Roham and ors. Vs. the State of Maharashtra and ors.
Court: Mumbai
Decided on: Sep-22-1994
Reported in: 1995(3)BomCR372
B.N. Deshmukh, J.1. Rule returnable forthwith.2. This petition is filed for declaring the respondents Nos. 7 and 8 as disqualified to continue to be the designated officers, viz., Chairman and Vice-Chairman of the respondent No. 6 - sugar factory, in view of the provisions of section 73(A)(5) of the Maharashtra Co-operative Societies Act.3. As the matter was before the Commissioner of Sugar-respondent, on 6-9-1994, during the pendency of this writ petition, we have directed the respondent No. 2 to decide the matter relating to the disqualification of respondents Nos. 7 and 8. Now, the Commissioner of Sugar-respondent No. 2 has decided the matter holding that respondents Nos. 7 and 8 are not disqualified by his order dated 17-9-1994 produced at page No. 69-B of this petition.4. The order passed by the Commissioner is also challenged in this petition in addition to the initial prayer of disqualification of respondents Nos. 7 and 8.5. Shri Dhorde, Advocate for the petitioners, contended t...
Suman @ Seema Vs. Narendra @ Nanasaheb
Court: Mumbai
Decided on: Sep-22-1994
Reported in: I(1995)DMC383
R.M. Lodha, J.1. This revision application under Section 115 of the Code of Civil Procedure has been filed by applicant Suman aggrieved by the order dated 20-6-89 passed by the Joint Civil Judge, Senior Division, Amravati, rejecting the application filed by her before the said Court under Section 10 of the Code of Civil Procedure for staying the proceedings in Hindu Marriage Petition No. 52 of 1988 filed by the non-applicant Narendra on 23-3-1988 in the said Court.2. The facts of the case are that both the applicant and the non-applicant are husband and wife and matrimonial dispute arose between the parties leading to filing of divorce petition by the wife applicant, bearing Hindu Marriage Petition No. 43 of 1988 in the Court of the Joint Civil Judge, Junior Division, Amravati, on 17-3-1988 under Section 13 of the Hindu Marriage Act, 1955. Subsequent to the filing of the proceedings for divorce by the wife on 17-3-1988, the non-applicant husband filed an application under Section 9 of ...
Prakash Anand Pednekar Vs. Smt. Sitabai R. Gawas and Others
Court: Mumbai
Decided on: Sep-21-1994
Reported in: II(1998)ACC93; 1996ACJ991; AIR1995Bom118
ORDERKamat, J.1. Sitabai R. Gawas, respondent No. 1, succeeded in Claim Petition No. 4/87 filed by her before the Motor Accident Claims Tribunal, Panaji, by getting an Award dated 31st December, 1991, in her favour. That award directed that she be paid a sum of Rs. 85,000/- as and by way of compensation in respect of the death caused to her husband in a vehicular accident in which mini bus bearing registration No. GDS--2272 was involved, which belonged to the present appellant and was insured with the third respondent.2. The Tribunal in the impugned award held that out of the amount of compensation awarded, the Liability of the third respondent-insurer, is limited to Rs. 15,000/- only, that being the limit of the liability per passenger in an accident, in terms of Section 95(2)(b)(ii) of the Motor Vehicles Act, 1939, and the remaining amount is directed to be paid by the present appellant/owner and respondent No. 2, the driver.3. The appellant/owner of the minibus challenges the impugn...
J. Kimatrai and Co. Vs. Bank of India
Court: Mumbai
Decided on: Sep-21-1994
Reported in: 1995(4)BomCR329; [1995]82CompCas737(Bom); 1996(1)MhLj234
M.S. Vaidya, J.1. Heard Mr. K. S. Cooper with Mr. U. R. Timble, learned counsel for the petitioner and Mr. M. S. Usgaonkar with Mr. S. S. Kantak, learned counsel for the respondent. 2. This writ petition has been filed under articles 14, 19 and 226 of the Constitution of India, by a firm, who had mortgaged their property at Bombay with the respondent-nationalised bank, under a mortgage by deposit of title deeds, praying for a writ of mandamus directing the respondent to forthwith hand over to the petitioner all the title deeds deposited with therein as per exhibit 'B' attached to the petition, along with the costs at the petition and other reliefs. Notice before admission was given to the respondent and an affidavit-in-reply was filed on their behalf. According to the petitioners, they had taken several loans and facilities including overdraft facilities from the respondents and were operating the aforesaid accounts at Kalbadevi branch, Bombay. They had created an equitable mortgage by...
Kapurchand Jivraj Jain, Since Deceased by His Heirs Vs. Datta Co-opera ...
Court: Mumbai
Decided on: Sep-21-1994
Reported in: 1995(3)BomCR365; (1994)96BOMLR217
N.P. Chapalgaonkar, J.1. This Second Appeal raises a question whether the dispute about the removing a member from the membership of a proposed Society which arose before the Society was registered could be decided by the Civil Court or it will to go before the machinery created under the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as 'Co-operative Societies Act' for the purpose of brevity).2. Plaintiff/appellant Kapurchand Jain filed Regular Civil Suit No. 187/1968 in the Court of Civil Judge (Junior Division), Amalner, against 13 persons describing them to be the members of Shri Dutta Co-operative Housing Society Ltd., Amalner (District : Jalgaon), for the following reliefs :---(A) That, it be declared that the plaintiff is a member of the defendant Institution,(B) Defendant Institution be directed to give accounts and amount of the profit.(C) He be given 1/14th share of the land described in para 3 of the plaint by effecting partition, and(D) In the alterna...
Smt. Gopikabai Nathuram Malekar and anr. Vs. Bapurao Mahadeorao Surkar
Court: Mumbai
Decided on: Sep-21-1994
Reported in: (1995)97BOMLR837
R.M. Lodha, J.1. Smt. Gopikabai w/o Nathuram Malewar and Smt. Mirabai w/o Gangaram Waghmare who have filed Civil Suit No. 29/90 in the Court of Small Causes Court, Nagpur against Non-applicant-defendant who have preferred this revision application under Section 115 of Civil Procedure Code (for short C.P.C.) dissatisfied with the order dated 8-4-1991 passed by Small Causes Court, Nagpur allowing the defendant's application for impleading Barmadin Dubey as one of the defendants in the suit2. The plaintiffs admittedly have filed a suit for possession, arrears of rent and damages against the Non-applicant Bapurao. The defendant moved an application under Order I, Rule 10(2) C.P.C. stating therein that one Barmadin Dubey is necessary party in the present suit because one Balaji Shrawan Dandekar had during his life time executed an agreement to sell in regard to the disputed property in favour of one Barmadin Dubey and the said Barmadin Dubey had filed suit for specific performance of contra...
Shri D.S. Jadhav Vs. the Hon'ble the Chief Justice, Bombay High Court ...
Court: Mumbai
Decided on: Sep-20-1994
Reported in: (1995)97BOMLR839
D.R. Dhanuka, J.1. Heard learned Counsel on both sides. There is no merit in the petition. The petition is summarily dismissed.2. The petitioner herein, is a former Judicial Officer. At the relevant time, the petitioner was working as Civil Judge (J. D.) and Judicial Magistrate, First Class in the State of Maharashtra as indicated in later part of this order.3. By this petition filed under Article 226 of Constitution of India, the petitioner has impugned order dated 2nd March, 1993 passed by the Government of Maharashtra dismissing him from service on recommendation of the High Court on Administrative side as contemplated under Article 235 of the Constitution of India after holding of a detailed disciplinary enquiry relating to alleged misconduct of the petitioner by the 4th Additional District Judge and Additional Sessions Judge, Solapur.4. It is as universally accepted norm that Judges and Judicial Officers must act with dignity and must not indulge in a conduct or behaviour which is...
Collector of Customs Vs. SaThe Biscuits and Chocolates
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-19-1994
Reported in: (1995)LC571Tri(Mum.)bai
1. This appeal under Section 129D of the Customs Act, 1962 by the Collector of Customs, Bombay is against the order of Member (Legal & Judicial), Central Board of Excise and Customs, New Delhi (No. 5-R, dated 13-1-1988).2. The facts of this case are that M/s. Sathe Biscuits and Chocolates Company Ltd., Pune had imported a consignment stated to be Mild Steel defective sheets valued at Rs. 1,35,103/- and sought clearance free of duty against an advance licence. On examination and test of the goods, it was found that the consignment contain 25 MTs of Tin Free Sheets having a layer of chromium and 10 & 15 MTs of G.P. Sheets. Since neither of these was covered by the advance licence, the Collector of Customs, after adjudication proceeded to confiscate the goods and permitted to redeem them on payment of duty applicable and redemption fine of Rs. 35,000/-. The appeal proposes enhancement of fine by 100% on the ground that the MOP is to this extent and that it will seek penalty on th...
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