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Mumbai Court September 1995 Judgments

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Sep 04 1995

Teresa Lopes Vs. Carmelite Convent English High School and ors.

Court: Mumbai

Decided on: Sep-04-1995

Reported in: 1996(2)BomCR46; (1995)97BOMLR426; (1996)IILLJ178Bom; 1996(1)MhLj273

S. M. Jhunjhunuwala, J.1. By this petition, the petitioner seeks the relief of being reinstated with all back wages, increments and other benefits as Assistant Teacher in Carmelite Convent English High School, Sandor, Bassein (Vasai) in District, Thane. 2. Carmelite Convent English High School is a Convent School at Sandor, Bassein (Vasai) in Thane District. It is owned and managed by the Christian Missionary. The petitioner had passed her S. S. C. Examination in the month of March, 1969. As from 11th June, 1969, the petitioner was appointed as Assistant Teacher in Carmelite Convent English High School, the 1st Respondent herein. According to the petitioner, she attended Kasturba College for Women situated at Andheri, Bombay 400 058 which was associated with 'Prayag Mahila Gram Vidyapith' which was affiliated to University of Allahabad. It is also the case of the petitioner that through the said College, she did her External Course of Bachelor of Arts in the year 1972 from the Allahaba...


Sep 02 1995

Manuel Mendes, Since Deceased, Through His Legal Representatives Vs. S ...

Court: Mumbai

Decided on: Sep-02-1995

Reported in: 1995(3)BomCR723

E.S. Da Silva, J.1. The challenge in this writ petition is the judgment and order of the Administrative Tribunal, Goa, Daman and Diu dated 4th June, 1990 in Eviction Revision Application No. 3 of 1986 which was affirmed the judgment and order dated 28-12-1985 of the Additional Rent Controller, South Goa Sub-Division, Margao, in Case No. BIDG/160/ARC/83.2. By the aforesaid judgment the Additional Rent Controller has dismissed an application of the original late petitioner Manual Mendes, now represented by his legal representatives, (hereinafter called 'the petitioner') under section 32(4) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 (hereinafter called 'the Act') seeking to stop all further proceedings with a direction to the respondents to put the petitioner in possession of the suit premises and allowed at the same time an application of the respondent No. 2 under section 32(3) praying for an enquiry as to who should pay the rent and to what extent ...


Sep 01 1995

Fomento Resorts and Hotels Ltd. Vs. Mahendra G. Wadhwani

Court: Mumbai

Decided on: Sep-01-1995

Reported in: [1996]85CompCas1(Bom)

R.G. Vaidyanatha, J.1. This is an appeal against the order dated March 10, 1993, in Company Petition No. 2/163(6)/CLB/WR/92 on the file of the Company Law Board, Western Region Bench, Bombay. The respondent has remained absent in spite of service of notice. I have heard learned counsel for the appellant. 2. The respondent sent an application dated August 9, 1991, to the appellant-company seeking an extra from the register of the company's members. The appellant-company sent a reply stating that a sum of Rs. 6,000 should be sent in advance for preparing the copies. The respondent sent a reply asserting that the claim of the appellant was excessive but sent an advance Rs. 500 only and requested the appellant to furnish the copies. Since the appellant-company did not supply the copies and demanded Rs. 6,000, the respondent filed an application before the Company Law Board under section 163(6) of the Companies Act, 1956, for a direction to the appellant-company to furnish the extracts of t...


Sep 01 1995

Miss Smita Ambalal Patel Vs. Additional Director of Enforcement Direct ...

Court: Mumbai

Decided on: Sep-01-1995

Reported in: 1996CriLJ32

Dudhat, J. 1. This Writ Petition has been filed by the present petitioner for quashing show cause notices and memoranda No. T-3/371/Bom/74/32 dated 28th February 1978 issued by the Assistant Director of Enforcement Directorate, Bombay, and No. T-4/42-B-B/75 (S.C. Nos. 1 to 10 and 10A to 34) dated 27-12-1979 issued by the Additional Director of Enforcement Directorate, New Delhi. Secondly, the petitioner also prayed in the said petition compensation from respondents Nos. 1 to 3 for the mental, physical and financial harassment and torture she had undergone because of the procrastination of the proceedings. In the said petition, the petitioner has also sought other incidental reliefs. In the present petition, the petitioner has also claimed certain reliefs in favour of her deceased mother Mrs. Vidyaben Patel. Admittedly, the petitioner's mother Mrs. Vidyaben Patel is dead and, therefore, in this Writ Petition, we cannot consider prayer (d) of the present petitioner for direction under Se...


Sep 01 1995

Sakhar Kamgar Union Vs. Shri Chhatrapati Rajaram Sahakari Sakhar Karkh ...

Court: Mumbai

Decided on: Sep-01-1995

Reported in: 1996(2)BomCR49; [1996(74)FLR1956]; (1996)IILLJ134Bom

B.N. Srikrishna, J.1. This Writ Petition under Articles 226 and 227 of the Constitution of India is directed against an order of the Industrial Court, Kolhapur, dated 5th June, 1989 dismissing Complaint (ULP) No. 173 of 1987 under the provisions of Section 28 read with Items 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (Hereinafter referred to as the Act). 2. The 1st Respondent is a Co-operative Society Manufacturing Sugar in Kasaba Bhavada, District Kolhapur. The petitioner is a registered trade union representing the employees working in the 1st Respondent Sugar Factory. 3. The Petitioner filed Complaint (ULP) No. 173 of 1987 on behalf of the employees working in sugar house, godown and delivery departments of the 1st Respondent factory. It was alleged in the Complaint that the concerned employees had been working since the crushing seasons of 1968/69; that the 1st Respondent factory was getting the work do...


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