Mumbai Court February 1996 Judgments
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Mrs. Shobhana Shankar Patil Vs. Mrs. Ramchandra Shirodkar and Others
Court: Mumbai
Decided on: Feb-14-1996
Reported in: AIR1996Bom217; 1996(3)BomCR302; 1996(1)MhLj751
ORDERA.P. Shah, J.1. Whether Rule 9(2) of the Bombay Rents, Hotel and Lodging House Rates Control Rules, 1948, is in excess of rule-making power of State Government? Whether the said rule can be branded as arbitrary and unreasonable and invalidated on that count? are the main issues involved in this writ petition.2. The facts giving rise to this petition lie in a narrow compass.The petition is the landlady of a chawl by name Shankar Patil Chawl at Andheri . A double room tenement hereinafter referred to as 'the suit premises' was let out to one Ramchandra Shriodkar at a monthly rent of Rs.32.25 ps. plus water charges of Rs.4/- per month. After the death of the said Ramchandra, the respondents were accepted a tenants of the petitioner in respect of the suit premises.The petitioner filed R.A.E suit No. 3391 of 1970 in the Bombay small Cause court on the ground of non-payment of arrears of more than six months as well as the ground of waste of the suit premises allegedly caused by the res...
Johnson and Johnson Ltd. Vs. Maharashtra General Kamgar Union and Othe ...
Court: Mumbai
Decided on: Feb-14-1996
Reported in: 1996(5)BomCR181; (1997)IILLJ1157Bom
1. The order dated April 16 ial Court, Bombay 19 of 1990 in this writ petition under Article 226 of the Constitution of India. 5 2. Respondent No. 1 is a registered trade union under the Trade Unions Act and is also a recognised Union under the Maharashtra Recognition of Trade Unions and Prevention of Unfair U. bour Practices Act, 1971 for the employees employed in the undertaking of the petitioner's factory at L.B.S. Marg, Mulund. Bombay. The Union started functioning amongst the workmen of the petitioner company's factory at Mulund in the year 1982. The settlement dated October 7, 1993 was arrived at as a result of negotiations initially with the President of the Union, which negotiations were later continued And concluded with the 20 Factory Unit Committee of the Union. The settlement was signed by the Factory Unit Committee and not by the President of the Union. The settlement was accepted by the Union and implemented in respect of all the workmen. The 2s next settlement dated July...
Bharati Enterprises Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-13-1996
Reported in: (1996)(84)ELT124Tri(Mum.)bai
1. Today, only stay application was listed for hearing. However, it appears that the matter calls for remand on the ground of non-compliance with the principles of natural justice. Hence, we have decided to take up the appeal for hearing on the limited issue of non-compliance with the principles of natural justice and have requested both the parties to advance their arguments on this aspect, by granting waiver of predeposit.2. Shri Kantawalla, the ld. advocate, for the appellants submits that the appellants were served with show cause notice on 26-4-1994.Because, only 15 days were granted for filing reply to the show cause notice and as the allegations against the appellants were of grave nature, they wanted some time for purpose of preparing detailed reply and hence they sought for extension of time. Though extension of time was granted for filing the reply to the show cause notice, the matter was also listed for final hearing and this date of hearing was fixed as on 14-7-1994. They ...
Deputy Engineer, Zilla Parishad, Umred and ors. Vs. Shantaram Ramaji a ...
Court: Mumbai
Decided on: Feb-13-1996
Reported in: 1996(5)BomCR504; (1997)IILLJ262Bom; 1996(2)MhLj116
1. The group of these 49 writ petitions arise out of 49 separate orders passed by the 3rd Labour Court, Nagpur, on November 22, 1993, whereby the 3rd Labour Court has allowed 49 applications filed by about 400 employees under Section 33-C(2) of the Industrial Disputes Act, 1947. Since common arguments have been advanced by the learned counsel for the parties, though the orders are different, these 49 writ petitions have been heard together and are disposed of by this common judgment. 2. The respondents in all the 49 writ petitions filed 49 separate applications before the 3rd Labour Court, Nagpur, under Section 33-C(2) of the Industrial Disputes Act, 1947 (for short, 'the Act'), claiming difference of wages in accordance with the Kalekar Award for the period from 1968 to 1976. Some applications were filed on April 8, 1979 and remaining applications were filed on April 11 1979. The said applications were contested by the petitioners (for short, 'the employer') by filing written statemen...
Khemchand Tukaram Badgujar Vs. State of Maharashtra
Court: Mumbai
Decided on: Feb-13-1996
Reported in: 1996(3)BomCR563; 1996CriLJ2482
1. The appellant aggrieved by the judgment and order dated 29-7-1994 passed by the Additional Sessions Judge, Dhule, in Sessions Case No. 122 of 1993 convicting and sentencing him to undergo five years R.I. and to pay a fine of Rs. 500/- in default to suffer further R.I. for two months under section 307 IPC and to two years R.I. and a fine of Rs. 500/- in default to suffer further R.I. for two months under section 363 IPC; substantive sentences to run concurrently, has come up in appeal before me. 2. The prosecution case in brief, as emerging from the evidence on record, is that the victim Deepak (P.W. 4) is the son of one Uttam Mali (P.W. 1). Uttam had a younger brother by name of Ramesh Mali (P.W. 2), who was running a photo studio in which the appellant was working. About 6 months prior to the incident on account of the appellant coming late to the studio he was turned out by Ramesh. On this score the appellant nursed a grudge not only against Ramesh but his nephew Deepak also. 2A. ...
Mathadi Kamgar Sena and ors. Vs. Bombay Port Trust and ors.
Court: Mumbai
Decided on: Feb-13-1996
Reported in: (1998)IIILLJ825Bom
Majithia, J.1. The petitioner-Union is seeking a mandate to Respondent No. 1 to issue dock entry permits to 38 warai workers detailed and described in Exhibit-C to this writ petition, in this petition under Article 226 of the Constitution of India.2. This writ petition came up for admission on March 23, 1992 before S.P. Kurdukar and S.H. Kapadia, JJ. It was represented before them that identical matter were admitted by this Court and interim directions were issued. On the representation so made the Bench passed the following order.'Mr. Gopalkrishnan tenders letters dated March 2, 1992, March 9, 1992 and March 10, 1992, addressed to the Respondents requesting them to remain present in Court since the petitioners are applying for interim orders. Letters taken on record and marked 'X' (collectively) for identification.Despite service none present for the respondents.Petitioners at Exh. G have annexed a letter setting out number of writ petitions which are admitted by this Court and this C...
Harishankar Singhania and ors. Vs. Dr. Gaur Hari Singhania and ors.
Court: Mumbai
Decided on: Feb-13-1996
Reported in: 1996(4)BomCR67; (1996)98BOMLR112
S.M. Jhunjhunuwala, J.1. This Chamber Summons has been taken out on behalf of defendants 1 to 9 in Arbitration Suit No. 1904 of 1992 for revocation of leave granted to the plaintiffs under Clause XII of the Letters Patent for filing the said suit in this Court.2. On the terms and conditions reduced to writing in the Deed of Partnership executed on 21st February, 1980, plaintiffs 1, 2 and 3 representing their respective Hindu Undivided Families, one Shripati Singhania and defendants 1, 4, 7 and 10 and original defendants No. 14 representing their respective Hindu Undivided Families entered into partnership for carrying on business in the firm name and style of 'Jugilal Kamlapath Bankers' (for short, 'the said firm'). The said firm held substantial assets and properties including immoveable properties, money in Bank account and shares in various companies. Such properties were situated at Bombay, Calcutta and Kanpur. Since disputes and differences arose amongst the partners in the said f...
Ku. Priyanka Kamlesh Shukla Vs. the State of Maharashtra and ors.
Court: Mumbai
Decided on: Feb-13-1996
Reported in: 1996(5)BomCR556
R.K. Batta, J.1. The petitioner passed XIIth Standard examination from Maharashtra State Board of Secondary and Higher Secondary Education, Nagpur Divisional Board in March 1993, securing 422 marks out of 600 marks. She had obtained 218 marks out of 300 marks in Physics, Chemistry and Biology which is considered for admission to Medical Course. The petitioner applied for admission against payment seats for the First M.B.B.S. Course which are available only at J.M. Medical College, Sawangi, Wardha and N.K.P. Salve Medical College, Nagpur. The petitioner was not allotted any payment seat and opted to be placed on the waiting list. The case of the petitioner further is that N.K.P. Salve Medical College, Nagpur the respondent No. 4, and J.N. Medical College, Sawangi, Wardha the respondent No. 5 did not get sufficient number of applications for non-resident Indian students for whom 15 per cent quota is reserved under the rules and the said respondents admitted Indian students against the sa...
George S/O John Victor Vs. State of Maharashtra, Through P. S. O. Kamp ...
Court: Mumbai
Decided on: Feb-12-1996
Reported in: 1996CriLJ3868
M.B. Ghodeswar, J.1. This appeal is directed against the judgment and order dated 31-7-1991 passed by 4th Additional Sessions Judge. Nagpur in Sessions Trial No. 280/90 for conviction and sentence for the offence punishable under Section 302 of Indian Penal Code and under Section 3 read with Section 27 of the Indian Arms Act. 2. The facts of the prosecution case are as under : The incident in this case took place on 22-12-1989 in the locality of Gorabazar in Kamptee at about 5 to 6 p.m. in which Stela the wife of appellant accused George had received firearm injuries on chest in the house of her mother Josphin (P.W. 8) and she died almost instantaneously on the spot. The house of parents of appellant George and Josphin (P.W. 8) are in Gorabazar locality and distance is of 4-5 houses. The appellant was married to Stela on December 28, 1987. After marriage, Stela resided with appellant in the house of his father for about 1 1/2 years. They had one daughter. The appellant was serving as A...
Anant V. Ghaisas Vs. Hydraulic and General Engineers Pvt. Ltd. and ors ...
Court: Mumbai
Decided on: Feb-12-1996
Reported in: [1996(74)FLR1962]; (1998)IIILLJ486Bom
ORDERG.R. Majithia, J.1. The petitioner has challenged the order dated January 22, 1996 passed by the Industrial Court, Mumbai rejecting his application for interim relief in this petition under Article 226 of the Constitution.2. The petitioner filed a complaint under M.R.T.U. and P.U.L.P. Act before the Industrial Court. Alongwith the complaint, he filed an application under Section 30(2) of the M.R.T.U. and P.U.L.P. Act for staying the operation of the transfer order. The Industrial Court after considering the rival contentions raised by the parties came to the conclusion that the transfer is justified and he accordingly rejected the application. 3. The respondent-Management in their affidavit filed before the Industrial Court opposing the application for interim relief states thus : 'It is the contention of the respondents by this affidavit that the complainant who has been working as a Senior Accounts Officer and has very good knowledge, experience and training in the Accounts of t...
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