Mumbai Court September 1994 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Chandrabhushan Bhimraj Bhushanwar and Others Vs. State of Maharashtra
Court: Mumbai
Decided on: Sep-05-1994
Reported in: 1996(1)BomCR55; 1995CriLJ101
1. Chandrabhushan, Sheshnarayan and Gangabai who were accused Nos. 1, 2 and 5 respectively in Sessions Case No. 202 of 1987 State of Maharashtra v. Chandrabhushan and others have filed the present appeal aggrieved by the judgment of conviction and sentence passed by the 7th Additional Sessions Judge, Nagpur, on 31-1-1990 whereby the accused-appellants have been convicted for the offence under S. 306 of the Penal Code and sentenced to suffer R.I. for five years and to pay fine of Rs. 2000/- each and in default of payment of fine to suffer further R.I. for 6 months and under section sentenced to suffer R.I. for 1 year and to pay fine of Rs. 1000/- each and in default of payment of fine to suffer R.I. for 3 months. The Additional Sessions Judge directed the substantive sentences to run concurrently. The original accused No. 1 Chandrabhushan married Mala in the year 1984 at Nagpur. The original accused No. 2 Sheshnarayan, original accused No. 3 Raju alias Raghvendra are the brothers of Cha...
Export-import Bank of India, Petitioner Vs. A. Parmeshwaran and ors.
Court: Mumbai
Decided on: Sep-05-1994
Reported in: [1995(71)FLR1078]
V.P. Tipnis, J. 1. The Export-Import Bank of India has filed this petition under Article 226 of the Constitution of India challenging the decision of the learned Presiding Officer of the Central Government Industrial Tribunal, I, at Bombay in a Reference No. GGAT-8 of 1988. The reference was made to the Tribunal under section 10 of the Industrial Disputes Act by the Central Government. 2. One Parmeshwaran was working as a Driver-cum-Messenger with the Export-Import Bank of India at Bombay since about October 1982. M/s. Daulat Automobiles, Bellard Estate, was looking after the repairs and maintenance of the vehicles belonging to the said bank. Parmeshwaran used to take the vehicle belonging to the said bank to the aforesaid garage for repairs since about middle of 1985. On 4.3.1986 the bank received a letter from the management of the garage complaining that the said Parmeshwaran had demanded and was paid a commission by the said garage. Parmeshwaran, the workmen, was issued a chargeshe...
Shri Suryakant Datta Vadiekar Vs. Shri Dharam Kutti and anr.
Court: Mumbai
Decided on: Sep-05-1994
Reported in: 1995(3)BomCR396
Da Silva, J.1. The petition is directed against the order of the Aval Karkun, Record of Rights, Panaji, dated 13-3-1985 in Dispute Case No. 361 of Chorao village whereby the learned Aval Karkun has allowed the application of the respondent No. 2 (hereinafter called 'the respondent') dated 9-12-1978 and caused the entry in the 'Other Rights' column of Survey No. 62/4 to be deleted. The subject-matter of the petition is the property 'Catol' situated at Chorao, Tiswadi Taluka, surveyed under Nos. 62/4 and 62/5. Survey No. 62/4 is a cashew garden and Survey No. 62/5 is a paddy field.2. The case of the petitioner is that his name was entered as tenant of Survey No. 62/5 in the Index of Land, in the 'tenants' column. In respect of Survey No. 62/4 there was an entry in the name of the petitioner in the column reserved to 'Other Rights'. The entry was 'Cashew trees on rent to Suryakant Datta Vadiekar'. Suryakant Datta Vadiekar is the petitioner. In respect of the same survey and in its column ...
Vidyadhar Jagannath Kakde and anr. Vs. Amolakchand Daulatram Gandhi an ...
Court: Mumbai
Decided on: Sep-05-1994
Reported in: 1995(3)BomCR151; (1995)97BOMLR764
A.D. Mane, J.1. This civil revision application arises out of the order dated 22-4-1994 passed by the IIIrd Additional District Judge, Ahmednagar, rejecting the petitioners' application at Exhibit 327 for joining them as party plaintiffs to the suit filed by the respondents in representative capacity for removal of the trustees of the public trust known as Rashtriya Shikshan Mandal registered under the provisions of the Indian Registration Act, 1860 and also under the Bombay Public Trusts Act, 1950, The respondent Nos. I and 2 on prior permission of the Charity Commissioner filed Trust Suit No. 2 of the 1978 for removal of defendants Nos. 3 to 8 as trustees of the trust and appointment of new trustees on the grounds of serious breaches, mismanagement and misappropriation of the trust funds. An inquiry was also conducted by the Inspector appointed by the Assistant Charity Commissioner in the affairs of the trust and it appears that after the report submitted by the Inspector on 30-7-197...
Madan S/O Suleman Gaure Vs. State of Maharashtra
Court: Mumbai
Decided on: Sep-02-1994
Reported in: 1995CriLJ1419
1. This appeal filed by Madan Suleman Gaure is directed against the judgment of conviction and sentence passed by the Additional Sessions Judge, Washim on 26-3-1991 in Sessions Trial No. 9 of 1990 State of Maharashtra v. Madan, whereby the said Court has convicted the accused-appellant for the offence under Section 307 of the Indian Penal Code and sentenced him to suffer R.I. for five years. 2. The prosecution case in brief is that on Piru Kanhaiya Gaure lodged the first information report on 14-10-1989 with the Police Station Malegaon to the effect that at about 7.00 a.m. while he was present in his agricultural field the accused Madan Suleman Gaure, resident of Medshi, grazed his cattle heads in his field. When he was taking his cattle heads to the pinfold, he did not allow him to take his total 8 to 10 small and big cattle heads to the pinfold, and while he was returning home at about 8.00 p.m. near the Maharashtra Saw Mill, the accused Madan gave number of Jambiya (dagger) blows on...
Shyam Sunder Kailashchand Vs. Union of India
Court: Mumbai
Decided on: Sep-02-1994
Reported in: 1995(77)ELT528(Bom)
M.L. Pendse, J. 1. The short question which falls for determination in this petition filed under Article 226 of the Constitution is, what is the relevant date for determination of rate of duty payable in respect of the goods imported by the petitioners. Initially the rate of duty was 10% ad valorem and by notification dated October 3, 1988 it was increased to 35% ad valorem. The petitioners filed bills of entry in respect of imported goods for clearance for home consumption on October 24, 1988. The grievance of the petitioners is that the notification dated October 3, 1988 was not known to the importers. On behalf of the respondents. P. K. Dash, Assistant Collector of Customs has filed return sworn on August 10, 1994. The return claims that the notification was printed in the Gazette and was available for sale to the public from October 10, 1988. In support of assertion, telex message received from the Government of India is annexed as exhibit. Once it is established that the notificat...
Pralhad Atmaram Jadhav Vs. Managing Dir., Kulkarni Black and Decker Lt ...
Court: Mumbai
Decided on: Sep-02-1994
Reported in: [1995(70)FLR746]; (1995)IILLJ886Bom
B.N. Srikrishna, J.1. This writ petition under Article 227 of the Constitution of India impugns an order dated 4th April, 1986, and another order dated 12th August, 1986, 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 petitioner was working in the employment of the Respondent and was dismissed from service. The Trade Union of workmen known as 'Kulkarni Black and Decker Workers' Union', acting on behalf of the Petitioner, filed a complaint, being Complaint (ULP) No. 5 of 1982, under the provisions of the Act before the Labour Court, Kolhapur. The Labour Court, Kolhapur, tried the complaint and by its order dated 3rd May, 1985, held that the petitioner's discharge from service with effect from 15th December, 1981 was an unfair labour practice and directed his reinstatement with continuity, but dismissed the claim for back wares. Naturally, the petitioner was aggrieved b...
Sajid Khan S/O Sayeed Khan Vs. the State of Maharashtra
Court: Mumbai
Decided on: Sep-02-1994
Reported in: 1995(2)BomCR650
M.L. DUDHAT, J.1. This criminal appeal is filed against the conviction and sentence dated June 13, 1994 passed by the Special Court for the N.D.P.S., Greater Bombay, in N.D.P.S. Special Case No. 188 of 1987. The only important question in this case which is to be decided is as to whether in the raid carried out on September 8, 1986 the accused was in conscious possession of the contraband goods which were subsequently recovered in a concealed state on the loft. A few facts which are material for disposing of this appeal are as under :It is the prosecution case that on September 8, 1986 Ramakant Pimple (P.W.1) A.P.I. attached to Vakola Police Station, then attached to C.B. Control Drug Officer, C.I.D., was on duty from 9 a.m. to 9 p.m. While he was patrolling at 10.45 a.m. at Nagpada, Maulana Azad Road, accompanied by S.I. Patel, S.I. Kedar, P.C. 18282 and H.C. 13376, he received an information at about 11.30 a.m. from the informant to the effect that narcotic substance is stored in Roo...
Gita Arun Khaladkar and Others Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Sep-01-1994
Reported in: AIR1995Bom58; 1994(2)MhLj1889
ORDERD. R. Dhanuka, J. 1. By this petition filed under Article 226 of the Constitution of India, the petitioners are seeking a declaration that the impugned Regulation known as 'Education Regulations 1991' framed by the Pharmacy Council of India are unconstitutional and ineffective in law in so far as the said regulations prescribe minimum qualification for diploma course in pharmacy. The petitioners have sought various consequential reliefs as set out in the prayer clauses of the petition. 2. The petitioners are students. The petitioners have passed 10th Standard Examination held by Maharashtra Secondary School Examination Board in June, 1994. The petitioners have filed this petition through their guardian as set out in the cause title of the petition. The impugned regulations prescribe passing of Intermediate Science examination as the minimum qualification for admission to the diploma course in pharmacy. If the impugned regulations are valid, the petitioners are not entitled to seek...
The State of Maharashtra Vs. Ramkrishna Dorkar
Court: Mumbai
Decided on: Sep-01-1994
Reported in: 1995CriLJ2521; 1995(1)MhLj558
1. Taking exception to the order of discharge passed by Special Judge, Akola in Special Case No. 8/87 State of Maharashtra v. Ramkrishna and others, on 7-12-1993, the State of Maharashtra has filed this present revision application under Section 397 read with Section 401 of Code of Criminal Procedure, 1973 (for short Cr. P.C.). The grievance of the revision applicant State of Maharashtra is that, Special Judge, Akola has committed serious error of jurisdiction and also grave error of law in discharging the accused respondent for an offence punishable under Section 5(1)(e) read with Section 5(2) of Prevention of Corruption Act, 1947 read with Sections 109 and 34 of Indian Penal Code. 2. The learned Additional Public Prosecutor has urged before me that the Special Judge, Akola was not justified in holding that no noticed or opportunity was given to the accused Non-applicant by the Investigating Officer. He further submitted that the sanction order passed by the Competent Authority does n...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 6
- 7
- 9
- Next ›
- Last »