Mumbai Court March 1997 Judgments
Smt. Gracyamma Johny Vs. the Management of Versova Welfare Association ...
Court: Mumbai
Decided on: Mar-19-1997
Reported in: 1998(1)ALLMR386; 1997(4)BomCR600
S.H. Kapadia, J.1. By this petition, Smt. Johny- Supervisor employed in Versova Welfare Association High School and Junior College seeks to challenge judgment and order passed by the School Tribunal in Appeal 44 of 19892. The facts giving rise to the present dispute, briefly, are as follows :3. Versova Welfare Education Trust runs the above School. It is a Secondary School and it also runs a Junior College. The name of the institution is Versova Welfare Association High School and Junior College (hereinafter referred to, for the sake of brevity, as 'the said Junior College'). In March 1988, Smt. Hakim, was the Headmistress of the said Junior College. She was due for retirement on 31st March 1988. Smt. Geeta Mahajan was, at that time, the Assistant Headmistress. Her name was at Serial No. 1 in Category '8' in the Seniority List as on 1st October 1988 as maintained and published under Rule 12 of the Maharashtra Employees' of Private Schools (Conditions of Service) Rules 1981. In the said...
Tag this Judgment!Narayan Ramchandra Bogare and ors. Vs. Ratanlal Chutan Walmiki and ors ...
Court: Mumbai
Decided on: Mar-19-1997
Reported in: (1997)99BOMLR305
R.G. Vaidyanatha, J.1. This is an appeal against the judgement dated 6th October, 1986 in M.A.C. application No. 118 of 1982 on the file of M.A.C.T., Thane. Respondents have filed cross - objections. Respondents and their Counsel absent. Heard the learned Counsel for the appellant.2. The respondents who are the parents of Rain Khilari, filed a claim petition in the Court below. Their case is that their son Ram Khilari aged about 19 years was going on a bicycle on 7.12.1981. The truck driven by the first respondent bearing MRQ 221 came on that road being driven in rash and negligent manner and as a result of the impact the Ram Khilari fell down from the bicycle and sustained serious injuries and died as a result of the same. The parents have filed claim petition claiming compensation of Rs. 50,000/- in the Court below for the death of their son.3. Originally only respondents of 1 and 2 were made parties to the proceedings. They have filed a written statement denying the involvement of t...
Tag this Judgment!Krishnakant Narayan Patil Vs. Sudhakar Ambedkar, Commissioner of Polic ...
Court: Mumbai
Decided on: Mar-19-1997
Reported in: (1997)99BOMLR253
S.S. Parkar, J.1. This Writ Petition challenges the order of detention dated 28th August, 1996 issued by the Commissioner of Police, Navi Mumbai for detention of the detenu by name Bhalchandar Bhalya Narayan Patil under the provisions of the National Security Act, 1980. The present petition is filed by the brother of the said detenu. The copy of the order of detention dated 28th August, 1996 is annexed as annexure 4 to the petition. On the same date respondent No. 1 Commissioner of Police i.e. the detaining authority passed another order directing that the detenu should be detained in Yerawada Central Prison, Pune. The copy of the said order is annexed as annexure B to the petition. Pursuant to the said order of detention, the detenu was detained on 28th August, 1996. At the time of his detention the detenu was served with the grounds of detention dated 28th August, 1996 copy of which is annexed as annexure C to the petition.2. The aforesaid order of detention came to be passed in exer...
Tag this Judgment!Kosan Industries Ltd. Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Mar-19-1997
Reported in: 1997(70)LC507(Bombay)
M.B. Ghodeshwar, J.1. Rule. Rule is made returnable forthwith by consent of the parties.2. The Petitioner has challenged the order dt. 27/30th January, 1997 passed by the Commissioner (Appeals), Indore Respondent No. 3 on Appeal and interim stay. As per provisions of Section 35-F of the Central Excise Act, 1944, the petitioner has not deposited the amount with the Respondent No. 2-The Additional Commissioner of Central Excise, Nagpur. The Appellate Authority has, therefore, rejected the appeal by observing 'Except for a self-serving submission of their having a prima facie case, no other material has been placed before me, to demonstrate as to how the compliance with the provisions of Section 35-F of the Act would cause undue hardship to the Appellants.'3. The learned Counsel for the Petitioner has submitted that the Appellate Authority has not given proper opportunity to the petitioner to plead his case and place various material in support of his case (as based on CBE & C Circular No...
Tag this Judgment!M. Guru Controls P. Ltd. Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-18-1997
Reported in: (2000)(115)ELT811Tri(Mum.)bai
1. Penalty of Rs. 1.50 lacs on the first applicant and Rs. 1.00 lac each upon the other two applicants.2. I have heard both sides. Stay applications restored for various grounds in the application.3. The main contention of the Advocate for the applicants is that the overdrawal in the ledger was on account of negligence, in that the person who was entrusted to deposit the money failed to do so. This is answered by the Departmental Representative pointing out that the excise clerk has in his statement implicated the management of the company which compelled him to take the credit, despite the lack of adequate balance in the P.L.A account.4. The claim of negligence prime facie fails for the reason that even TR6 challans have not been prepared and it was only when the department came to know to the facts that the company took action to (sic) the situation. I however find a prima facie case in favour of G. Hazara in the absence of evidence of any specific act committed by him. I therefore ...
Tag this Judgment!Kiril Fine Art and ors. Vs. the Maharashtra State Financial Corporatio ...
Court: Mumbai
Decided on: Mar-17-1997
Reported in: 1997(2)MhLj348
V.S. Sirpurkar, J. 1. This appeal, filed under Section 32(9) of the State Financial Corporation Act, 1951, challenges the judgment and order passed by District Judge, Chandrapur. The District Judge, Chandrapur has allowed application filed by the Maharashtra State Financial Corporation (hereinafter called 'Corporation', for the sake of brevity, under Sections 31 and 32 of the State Financial Corporation Act against the appellants. It was inter alia contended by the Corporation in this application that the present appellants M/s. Kiril Fine Art and Its proprietor Nceraj Sadanand Totawar had borrowed an amount of Rupees 1,36,000/- and had agreed to repay the said amount within a period of 10 years by 17 half yearly instalments of Rs. 8,000/- each. According to the Corporation, the present appellants had agreed to pay interest at the rate of 14 per annum with six monthly rests. It was then pointed out that the appellants had also agreed for hypothecation of all existing tangible movable p...
Tag this Judgment!Minocher Dinshaw Irani Vs. Keki Rustomji Irani and ors.
Court: Mumbai
Decided on: Mar-16-1997
Reported in: II(1998)DMC298
A.P. Shah, J.1. Frashmim is a one and half years old female child. Her father Minocher and her maternal grand parents Keki and Khorshed are fighting this legal battle for her custody. The parties are Parsis by religion. The petitioner Minocher married Pinky,, the daughter of respondent Nos. 1 and 2 Keki and Khorshed on 20th May, 1994 according to Parsirites. Frashmim was born on 18th May, 1995. Unfortunately soon after the birth of Frashmim, the petitioner's wife Pinky fell ill. On diagnosis it was discovered that Pinky was suffering from malignant tumor in the skull as well as near the neck. Ulimately, the malignancy spread to the lungs and became terminal. Pinky died on 24th July, 1996. It seems that after her birth, Frashmim, the minor child, stayed in the house of the respondent Nos. 1 and 2 mainly due to the unfortunate developments which finally led to Pinky's death. According to the petitioner, as Frashmim was in her infancy and required care and attention, it was decided by the...
Tag this Judgment!Jamnaben Wife of Harakchand Shah and Others Vs. Smt. Manjulaben and Ot ...
Court: Mumbai
Decided on: Mar-14-1997
Reported in: 1998(2)ALLMR121; 1997(4)BomCR65; 1998CriLJ173
1. By this contempt petition the present petitioners pray that the respondents who have committed wilful and intentional breach and disobedience of the undertaking given by them before this Court on 11-4-94 be held guilty for civil contempt and committed to civil prison for a period of six months or for such period as this Court may deem fit and proper. 2. Shri Harakchand P. Shah, filed a suit for possession/eviction against Shri Harkisandas Vrindawan in the City Civil Court in the year 1976. After protracted trial for more than sixteen years on 26-10-1993, the said suit was decreed by the trial Court and decree for eviction was passed in favour of Shri Harakchand P. Shah. Harkisandas Vrindavan preferred appeal before this Court. During pendency of appeal Shri Harkisandas as well as Shri Harakchand died. The present petitioners were substituted as legal representatives of Shri Harakchand as respondents in the appeal and the present respondents-contemnors and one Shri Hemal were implead...
Tag this Judgment!Sou. Vimaltai Dnyndeo Borade Vs. Laxman Kondiba Dhobale
Court: Mumbai
Decided on: Mar-14-1997
Reported in: 1997(3)BomCR248
R.G. Vaidyanath, J.1. This is an Election Petition filed by the petitioner challenging the election of the respondent on the ground of corrupt practices. The respondent has filed written statement contesting the petition. Issues have been framed. Some oral evidence has been recorded. At this stage, the respondent has filed an application that the Election Petition is not maintainable for not complying with the statutory provisions and is liable to be dismissed. The petitioner has filed reply to the said application. Heard both the sides.2. The petitioner and the respondent contested election to the Lok Sabha from Constituency No. 215 of Mangalwedha-Mohol Constituency in District Sholapur. The election was held on 9-2-1995, the counting took place on 11-3-1995. Results were declared on 12-3-1995 declaring the respondent as duly elected by getting highest number of votes viz. , 61087 as against 37892 votes secured by the petitioner. As already stated, being aggrieved by the results of he...
Tag this Judgment!The State of Maharashtra Vs. Vithal Alias Balu Narayan Patale and Othe ...
Court: Mumbai
Decided on: Mar-14-1997
Reported in: 1998BomCR(Cri)79; 1997CriLJ3277; 1997(2)MhLj454
ORDERVishnu Sahai, J.1. The appellant aggrieved by the judgment and order dated 11-10-1984, passed by the III Additional Sessions Judge, Solapur, in Sessions Case No. 63 of 1984, acquitting the respondents for offences punishable under section 302, read with 149 I.P.C. etc. has come up in appeal before us.2. Briefly stated the prosecution case runs as under :---Respondent Nivrutti is the father of respondents Vithal, Madhu and Govind. Respondent Subhash is the servant of respondent-Vithal. Respondent Maruti is the nephew of Respondent Nivrutti.The respondents on one hand and the deceased Jubedabi and others on the other used to live in immediate proximity in village Khandali, Taluka Malshiras, District Solapur. There was a long standing enmity between the complainant and his family members on the one hand and respondents on the other on account of a open pace on the western side of the house of the complainant Gulshanbi, P.W. 1. To the western side of the open pace was the cattle-shed ...
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