Mumbai Court February 1995 Judgments
Gandhi Agencies and Etc. Vs. Municipal Council, Barshi and Another
Court: Mumbai
Decided on: Feb-10-1995
Reported in: AIR1995Bom169; 1995(2)MhLj76
1. After hearing both the Counsel, both the second appeals are admitted. The question of law to be decided in these two appeals is formulated as follows:-- 'Whether the Civil Court has jurisdictionto try these two suits?' By consent of both the Counsel, both the appeals were taken up for final hearing. I have heard both the counsel appearing for both the parties. 2. The appellant in Second Appeal No. 525 of 1994 filed a suit against the respondents in Regular Civil Suit No. 661 of 1988 on the file of the learned Civil Judge, Junior Division, Barshi for a permanent injunction to restrain the defendants from recovering the tax from the plaintiff. A similar suit was filed by the appellant in Second Appeal No. 527 of 1994 against the same respondents in the same Court in Regular Civil Suit No. 228 of 1990. After trial, the trial court dismissed the suits as not maintainable. The appellants-plaintiffs filed two appeals in Civil Appeals Nos. 142 and 143 of 1992 in the Court of the District J...
Tag this Judgment!Satish Pandurang Jagtap Vs. State of Maharashtra
Court: Mumbai
Decided on: Feb-10-1995
Reported in: 1995CriLJ1509
ORDER1. Heard both sides. 2. The order Impugned is dated 22nd April, 1994 which only allows the application of the respondent-State for permission to record the statement of the prosecutrix Chaitrali under sub-sec. (8) of S. 173 of the Code of Criminal Procedure. The brief facts of the case are as under : 3. On 10th September 1993, the prosecutrix Chaitrali is alleged to have been raped by the petitioner-accused. Chaitrali was admittedly about five years of age at that time. Chaitrali narrated the incident to her mother. The statement of the mother of Chaitrali was recorded. Unfortunately, however, it is stated that because of the incident, Chaitrali's mother suffered a shock and died on 1st January 1994. The petitioner-accused is on bail. 4. The death of the mother of Chaitrali has occurred during the course of the trial. As a result of this unfortunate event, the prosecution thought it fit to now supply to the Court for permission to record the statement of Chaitrali herself. Obvious...
Tag this Judgment!Employees' State Insurance Corporation Vs. Tiecicon Private Ltd., Bomb ...
Court: Mumbai
Decided on: Feb-10-1995
Reported in: [1995(71)FLR529]; (1996)ILLJ504Bom; 1995(1)MhLj914
R.G. Vaidyanatha, J.1. These are two Appeals filed by the Company and the Employees' State Insurance Corporation challenging the order of the Employees' State Insurance Court. I have heard the learned Counsel appearing for both the parties. 2. First Appeal No. 31 of 1987 arises out of an Order passed by the E.S.I. Court in Application (E.S.I.) No. 72 of 1980 and it is directed against an Order dated 24th June 1986. This is an appeal filed by the Employees' State Insurance Corporation challenging the Order of the E.S.I. Court. In the First Appeal No. 791 of 1987, the Company M/s. Tiecicon Private Limited is challenging the Order of the E.S.I. Court dated 17th March 1987 in Application (E.S.I.) No. 35 of 1984. Both the Appeals are between the same parties and the question involved in both the Appeals is one and the same and hence both the Appeals are disposed of by this common judgment. 3. It appears Employees' State Insurance Corporation Officials issued a notice to the Company demandin...
Tag this Judgment!Maharashtra General Kamgar Union Vs. the State of Maharashtra and ors.
Court: Mumbai
Decided on: Feb-10-1995
Reported in: 1995(3)BomCR53; (1995)97BOMLR149; [1995(70)FLR248]
B.N. Srikrishna, J.1. This writ petition arises under Articles 226 and 227 of the Constitution of India and is directed against an Award of the Second Labour Court, Thane, dated 9th July, 1987 made in Reference (IDA) No. 167 of 1982 under the provisions of section 10(1)(c) read with section 12(5) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act').2. The petitioner is a registered trade union acting on behalf of 25 workmen of the second respondent Company, which was engaged in the business of manufacture of synthetic fibres at Thane. At the material time, the second respondent employed about 600 workmen in its factory. There were disputes between the parties, which culminated in dismissal of 25 workmen employed by the second respondent. The workmen were dismissed on different dates between 29th November, 1981 to 31st January, 1982. The petitioner demanded reinstatement of the 25 workmen dismissed from service, by sending demand letters during the period 2nd Dece...
Tag this Judgment!Moreshwar Rajaram Kulkarni (Deceased) through L.R's. Vs. the Governmen ...
Court: Mumbai
Decided on: Feb-10-1995
Reported in: (1995)97BOMLR517
M.L. Pendse, J.1. Moreshwar Rajaram Kulkarni, the original plaintiff in Special Civil Suit No. 47 of 1980 has preferred this appeal to challenge judgment and decree dated August 22, 1983 passed by Civil Judge, Senior Division, Thane, dismissing the suit with costs. During the pendency of the appeal, original plaintiff died and his legal representatives are brought on record to prosecute the litigation.The original plaintiff entered the Government service as Gram Sevak on May 4, 1963. The plaintiff was posted at village Talasari in Mokhada Taluka of Thane District. The plaintiff was required to visit villages and hamlets and write down a diary of the work carried out by him and report to Block Development Officer. The services of plaintiff were allotted to Zilla Parishad, Thane with effect from December 28, 1973. On May 15, 1973 the plaintiff was served with a charge-sheet and the charges were that the plaintiff had remained absent from duty from April 1, 1969 to April 4, 1971. The plai...
Tag this Judgment!Commissioner of Sales Tax, Maharashtra State, Bombay Vs. Pressure Pack ...
Court: Mumbai
Decided on: Feb-09-1995
Reported in: 1995(2)MhLj357
Dr. B.P. Saraf, J.1. By this reference under section 61(1) of the Bombay Sales Tax Act, 1959, made at the instance of the Revenue, the Maharashtra Sales Tax Tribunal has referred the following questions of law to this Court for opinion : '(i) Whether the Tribunal was correct in holding that the product sold by the respondent as 'Bain D' or 'Deodorant Lavender Cologne' is not a cosmetic within the meaning of entry 19 of Schedule E to the Bombay Sales Tax Act, 1959 (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in coming to the conclusion that the product 'Bain D' or 'Deodorant Lavender Cologne' had medicinal properties and it would therefore be covered by residuary entry 22 of Schedule E to the Bombay Sales Tax Act, 1959 ?' 2. As is evident from the above questions the controversy in this case pertains to the interpretation of the expression 'cosmetics' appearing in entry 19 of Schedule E to the Bombay Sales Tax Act, 1959, with a view to asc...
Tag this Judgment!B.E.S.T. Workers' Union Vs. Bombay Electric Supply and Transport Under ...
Court: Mumbai
Decided on: Feb-09-1995
Reported in: [1996(74)FLR1855]; (1998)IIILLJ915Bom
B.N. Srikrishna, J.1. This writ petition under Article 227 of the Constitution of India is directed against the order of the Industrial Court dated October 30, 1987, in Appeal (IC) No.50 of 1987 upholding the order of the Labour Court, Bombay, made in Application (BIR) No. 273 of 1986 dated February 26, 1987, by which the application was dismissed. Both proceedings arose under the provisions of the Bombay Industrial Relations Act, 1946 (hereinafter referred to as 'the Act').2. The Petitioner is the representative Union of the employees employed in the Transport Division of the Respondent Undertaking. One employee, by name A.M. Akbar, was employed as Bus Driver in the service of the Respondent Undertaking. On October 21, 1984 Akbar was driving Bus No. 2364 of route No. 106 from Colaba Bus Station to Kamla Nehru Park along Mayo Road (now known as Karamveer Bhaurao Patil Marg). At about 7.25 hours, when the said bus reached behind High Court, it dashed from behind against another Bus No. ...
Tag this Judgment!Camara Municipal De Bardez Vs. Firma V.M. Salgaonkar E Irmao Ltd. or V ...
Court: Mumbai
Decided on: Feb-09-1995
Reported in: 1996(5)BomCR434
E.S. Da Silva, J.1. Heard. I see no merit in this petition. 2. The grievance of the respondent No. 1 (hereinafter called 'the respondent') is that the petitioner has not so far drawn the 'Final Bill' in respect of the works carried out by them and that the Bill which was signed and wherein the respondent had confirmed all the objections raised earlier was not prepared according to law. The further grievance is that the objection raised by the respondent has also not been adjudicated by the petitioner in terms of Article 29 of the Contract and section 61 of the 'Lei de Empreitada'. Therefore the question of the respondent having been allegedly paid or fully paid by the petitioner all their dues for the work done is not the real issue in controversy.3. The petitioner contends that the Bill signed by the respondent is the Final Bill and whatever claims which were raised by the respondent have been already rejected by the petitioner by its earlier Resolutions dated 13th September, 1963 and...
Tag this Judgment!Gajanan Dhondu Dalvi Vs. Trishul Construction Co. and ors.
Court: Mumbai
Decided on: Feb-09-1995
Reported in: (1995)97BOMLR309
A.P. Shah, J.1. The plaintiff filed a Suit in the City Civil Court for an order directing the 1st defendant to carry out his obligations under the Maharashtra Ownership Flats [Regulation of the Promotion of Construction, Sale, Management and 'Transfer] Act, 1963 and specifically perform the agreement of sale dated May 31, 1985. The plaintiff joined the 2nd defendant since he claimed the sale of flat by the 1st defendant in March, 1988.2. The court framed issues as many as twelve in number. The 1st defendant, who is a builder, absented from the proceedings all the time. The plaintiff stepped in the witness box, gave evidence and closed his case. Thereafter, the constituted attorney of the 2nd defendant stepped in the witness box, gave evidence and closed his case.3. At the end of the evidence, a point was raised about the right to begin. The plaintiff contended that in view of the provisions of Rule 2 of Order 18 of C.P.C., the defendant must address the Court first. The defendant, howe...
Tag this Judgment!Sakharibai Hasanali Makani and ors. Vs. Girish Kumar Rupchand Gadia an ...
Court: Mumbai
Decided on: Feb-09-1995
Reported in: (1995)97BOMLR346
M.L. Pendse, J.1. The Claimants have preferred this appeal to challenge award dated June 29, 1987, passed by the Motor Accidents Claims Tribunal, Pune, in Claim Application No. 398 of 1983. By the impugned award, the application for compensation was dismissed with costs. We must express at the outset that we are aghast with what the Tribunal has done. It surpassed our imagination as to how the Tribunal could have dismissed the application. The facts which gave rise to filing of the application for compensation of Rs. 3 lakhs by the appellants are as follows:The deceased Hasanali, aged about 53 years was the owner of a Taxi bearing Registration No. MTD 6740. It was a Fiat Car and was used as a Taxi for carrying passengers from Bombay to Pune and vice-versa. On September 9, 1993, the deceased started from Pune by about 5.30 a.m. and was proceeding towards Bombay. The Taxi was carrying passengers including one Bhise and Ashok Mahajan. Ashok Mahajan was sitting on the rear seat. The Taxi r...
Tag this Judgment!- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- 7
- 8
- Next ›
- Last »