Mumbai Court March 1995 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.
Erasme Jack De Sequeira Vs. Mrs. Maria Tereza Amina De Sequeira Mehta ...
Court: Mumbai
Decided on: Mar-24-1995
Reported in: 1996(5)BomCR24
E.S. Da Silva, J.1. This order will dispose of an application filed by the Court Receiver appointed by the Supreme Court of India in Special Civil Suit No. 131 of 1992 filed by the petitioner against the respondents for restoration of possession and other reliefs which is pending in the Court of Civil Judge, Senior Division, Mapusa.2. The case of the Court Receiver is that consequent upon his appointment he sought to take possession of the suit property consisting of a residential house and the land surrounding the house. However the petitioner objected to the Court Receiver taking possession of the entire property and hence he is seeking directions from the Court as to whether he should take formal possession of the whole property as described by him consisting of the house and the land appurtenant thereto or the suit house described in prayer (a) of the plaint.3. Mr. Lotlikar, learned Counsel for the respondents, has submitted that in his view the Court Receiver is entitled to take p...
Kasinath Vaman Vandere Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Mar-23-1995
Reported in: [1995(71)FLR350]; (1996)ILLJ73Bom
A.P. Shah, J.1. By this petition under Article 226 of the Constitution, the petitioner takes exception to the order of dismissal dated March 30, 1992 passed by the District Judge, Dhule. 2. Briefly, the facts giving rise to this petition are as follows : On September 1, 1956 the petitioner was appointed as a Judicial Clerk in the District of Dhule. In 1985 the petitioner was then promoted as a Senior Clerk. Thereafter with effect from February 1, 1991 the petitioner was promoted to the post of Assistant Superintendent and posted in the Court of Civil Judge, J.D. and J.M.F.C. at Shahada where the petitioner served till June 1991. He was then transferred to the Court at Taloda and was working in that Court upto the date of cessation of his services. 3. On September 21, 1991, the District and Sessions Judge, Dhule, issued a chargesheet levelling therein the following ten charges against the petitioner : (i) The 1st charge against the petitioner was that during his tenure at Navapur the pe...
Mahadeo Khanderao Chavan Vs. In-charge Managing Director, Shriram Saha ...
Court: Mumbai
Decided on: Mar-23-1995
Reported in: [1995(71)FLR379]
B.N. Srikrishna, J.1. This writ petition under Article 227 of the Constitution of India is directed against an order of the Industrial Court, Kolhapur dated 18.8.1989 in Revision Application (ULP) No. 11 of 1989 under the provision of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act. 1971 (hereinafter referred to as 'the Act'). 2. At the outset, I must observe that from the record it appears that the conduct of the First Respondent, a manufacturer of sugar, was hardly as sweet as the sugar manufactured by it or as the Industrial Court was persuaded to believe. 3. The First Respondent is a Co-operative Society manufacturing sugar in its factory at Phaltan, District Satara. The petitioner was employed in the service of the First Respondent from 1957, carried a designation of Section Incharge and was given the clerical grade II under the Second Wage Board for Sugar Industry in India. Sometimes in the year 1978 the Petitioner was transferred to the ...
Ku. Sarika Shivprakash Sharma Vs. the State of Maharashtra, Through Me ...
Court: Mumbai
Decided on: Mar-23-1995
Reported in: 1996(2)BomCR70
V.S. Sirpurkar, J.1. Parties by Counsel. Rule. Heard forthwith.Whether the discretion on the part of the management to grant admission as regards the vacant seats is absolute and untrammelled, is the predominant question in this writ petition; but first the factual matrix;2. Petitioner Sarika d/o Shivprakash Sharma passed her Secondary School Certificate Examination from the Board of Education, Andhra Pradesh, in May, 1992. She, thereafter, took inter-mediate public examination conducted by the Board of Intermediate Education, Andhra Pradesh, Hyderabad, in March, 1994, and passed the same in the First Attempt. She secured 85% marks in PCB Group subjects, which consists of Physics, Chemistry and Biology.3. An advertisement was given by the respondent No. 3-Punjabrao Deshmukh Memorial Medical College, Amravati, inviting the applications to the MBBS Course from Non Resident Indians and Foreign National students for the payment seats and also for the vacant seats which would be surrendered...
Manikchand S/O. Manjaji Sarode Vs. Dr. Vijaykumar S/O. Motilal Kawadiy ...
Court: Mumbai
Decided on: Mar-23-1995
Reported in: 1995(4)BomCR542
B.N. Deshmukh, J. 1. Heard counsel for both the sides.2. This revision is filed by the landlord challenging the orders passed by the Rent Controller as well as in appeal by the learned District Judge in the matter of eviction of respondent from the premises rented out to him.3. The petitioner sought eviction on the ground of bona fide requirements as he want to carry on his business as cloth merchant in the suit premises. The respondent, however, contended that the premises which are already in possession of the petitioner - landlord are sufficient for carrying on his business as cloth merchant. The respondent further contended that he being a medical practitioner carrying on his business at that place for several years because of which he had developed large number of clientage and if he is driven away from those premises, he is likely to suffer in his business. In short, he claimed that his goodwill will be lost if the tenant, who is the medical practitioner, is evicted from the suit...
Alexandar Yesudas Maikel Vs. Perfect Oil Seals and Irp and ors.
Court: Mumbai
Decided on: Mar-22-1995
Reported in: [1995(70)FLR1086]; (1996)ILLJ533Bom
1. This Writ Petition under Article 227 of the constitution of India impugns the Order of the second Labour Court, Pune, dated 13th March, 1987 made in Complaint (ULP) No. 148 of 1986 and the Revisional Order of the Industrial Court dated 4th August, 1988 in Revision Application (ULP) No. 14 of 1987, under the precisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair labour practices Act. 1971 (hereafter referred to as 'the Act'). 2. The petitioner was in the employment of the First Respondent for about a year, at the end of which he resigned from service. The petitioner was appointed off and on by the First Respondent, which appeared to be periodically interrupting the service of the petitioner, probably with a view to disrupt continuity of service. The petitioner was given a letter of appointment that he would be employed for a period of 7 months from 20th April, 1985 to 19th October, 1985. After 19th October, 1985, the petitioner was neither removed from ser...
Prakash Mahadev Nigampurkar Vs. Premier Automobile Ltd., Pune and ors.
Court: Mumbai
Decided on: Mar-22-1995
Reported in: [1995(71)FLR191]; (1996)IIILLJ540Bom
1. This Writ Petition under Articles 226 and 227 of the Constitution of India challenges an Award dated 6th February, 1989 made by the Presiding Officer, First Labour Court, Pune, in Reference (IDA) No. 127 of 1981 (new No. Reference 98 of 1982) under the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). 2. The Petitioner was employed in the Machine Tool Division of a company known as 'Cooper Engineering Ltd.' at Pune as a Machine Operator on last drawn wages of Rs. 600/- per month. The Petitioner was served with a charge-sheet dated May 24, 1980 by which three charges were levelled against him. The first charge pertained to an incident, which was alleged to have taken place on May 11, 1980, during which the Petitioner was alleged to have unlawfully gathered the Machine Operators around him, causing their to stop work as a protest against calling of the second shift lathe operators to work in the first shift. It was also alleged in the first charge...
A.K. Menon, Custodian Vs. Karnataka Bank and anr.
Court: Mumbai
Decided on: Mar-22-1995
Reported in: 1995(4)BomCR188
S.N. Variava, J.1. This is a petition taken out by the Custodian against the Karnataka Bank for a direction that the 1st respondents be directed to credit a sum of Rs. 2,75,66,822.99 into the attached account of respondent No. 2. Respondent No. 2 is Fairgrowth Financial Services Ltd. Respondent No. 2 was notified on 2nd July, 1992.2. The Kasturba Road Branch, Bangalore of the 1st respondent had granted to the 2nd respondent an overdraft facility in a sum of Rs. 2.50 crores. As security, the 2nd respondent had executed in favour of the 1st respondent a Power of Attorney dated 1st December, 1990 and a Deed of Hypothecation dated 21st March, 1991.3. In pursuance of this facility, the 1st respondents had allowed the 2nd respondents to withdraw the following amounts :(a) Rs. 1.50 crores on 4th December, 1990; (b) Rs. 0.50 crores on 31st March, 1991; and (c) Rs. 0.50 crores on 15th October, 1991. 4. On the date the 2nd respondent got notified, under the said overdraft facility, a sum of Rs....
Laxman Zingraji Adhau Vs. Sushila Zinguji Thakre and ors.
Court: Mumbai
Decided on: Mar-22-1995
Reported in: 1995(4)BomCR677; (1995)97BOMLR74
R.M. Lodha, J. 1. Heard Mr. Ingle, the learned Counsel for the applicant.2. The only contention raised by Mr. Ingle is that the trial Court while rejecting the application under Order 9, Rule 13 of the Code of Civil Procedure, 1908 (for short, the 'C.P.C.') as not maintainable, has relied upon State Bank of India v. Himalayan Tiles & Marble Pvt. Ltd., : (1993)95BOMLR677 and the judgment of this Court in S.B.I. v. Himalayan Tiles, is based on the judgment of this Court in Rashtriya Chemicals v. Ota Kandla Ltd., : (1992)94BOMLR257 . Mr. Ingle submits that the judgment in the case of Rashtriya Chemicals & Fertilizers v. Ota Kandla, is based on the judgment of this Court in Manomal v. Gangadhar 1982 Mah.L.J. 188 and the said judgment in Manomal's case has been overruled by this Court in Western Coalfields Limited v. Rajkumar Kanhiyalal Bhiwapurkar & others 1986 Mah.L.J. 525. Thus Mr. Ingle submits that the basis of all these judgments in State Bank of India and Rashtriya Chemicals' case wa...
B.S. Kurup Vs. National Bicycle Corporation of India Ltd. and ors.
Court: Mumbai
Decided on: Mar-21-1995
Reported in: [1995(71)FLR470]
B.N. Srikrishna, J. 1. The writ petition under Articles 226 and 227 of the Constitution of India challenges an Award of the Eleventh Labour Court at Bombay dated 26th October, 1988, made in Reference (IDA) No. 965 of 1985 under the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). 2. The petitioner joined as a Clerk on 13th April, 1950 in the erstwhile Hind Cycles Ltd., the predecessor of the First Respondent Corporation. In 1953, he was promoted as a Stenographer, as by that time he had learnt sufficient Stenography. In 1955, he was attached as a Stenographer to the Chief Executive of the Company. He was posted at Madras for some time and also at Bombay. In year 1969, he was transferred to Bangalore where he was given exclusively the work of Sales Representative on a salary of Rs. 1,055/- per month. His service was terminated with effect from 1st May, 1982 on the ground that he was no longer required. The petitioner raised an industrial dispute fo...
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- 7
- 8
- 9
- 10
- Next ›
- Last »