Mumbai Court May 1997 Judgments
Nagesh M. Daivajna and Etc. Vs. State of Goa and ors.
Court: Mumbai
Decided on: May-07-1997
Reported in: 1997(4)ALLMR533
Batta, J.1. In these petitions, the Petitioners seek a Writ, of Certiorari to quash the Award of work of printing and distribution of books for Standards V-VII in the State of Goa in favour of the 3rd respondent Holy Faith International Pvt. Ltd, pursuant to tenders invited vide advertisement published in the daily Navhind Times dated 30th January, 1996 by the 1st and 2nd Respondents. The petitioners also seek directions in the nature of Writ of Mandamus for the award of tender in their favour.2. The facts giving rise to these petitions may first be stated. Tender Notice for the award of work in question was published in Navhind Times dated 30th January, 1996. The last date for submitting the tender was 15-2-1996. In all, 20 persons had submitted the tenders which were opened on 16-2-1996. The Screening Committee met on 23-2-1996 and 7 parties including the petitioners and the respondent No. 3 were shortlisted and the Screening Committee decided to call the parties on 1-3-1996 for disc...
Tag this Judgment!Smt. Varsha W/O Baliram Kamble Vs. Shantabai W/O Zatingrao Kamble and ...
Court: Mumbai
Decided on: May-07-1997
Reported in: 1997(4)ALLMR345; 1998(2)BomCR249
B.H. Marlapalle, J.1. Heard the learned Counsel representing the respective parties. 2. Rule made returnable forthwith with the consent of the parties. 3. The facts leading to the present petition briefly stated are as under :---4. The elections to the Udgir Municipal Council were held on 1-12-1996 in respect of all the 29 Wards. The results were declared on 2-12-1996 and the said results were published on 5-12-1996. The present petitioner came to be elected from the ward reserved for Scheduled Castes Woman category. Same is the case of respondent No. 1. The post of President of the Udgir Municipal Council came to be reserved for Scheduled Castes Woman category as per notification issued by the State Government. The Collector at Latur issued notice dated 11-12-1996 under section 51(2) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 for convening a special meeting of the Councillors for election of the President and the said meeting was fixed o...
Tag this Judgment!Yemul Mallesham Raymallu Vs. the State of Maharashtra and ors.
Court: Mumbai
Decided on: May-07-1997
Reported in: 1997(4)ALLMR16; 1998(2)BomCR255
B.H. Marlapalle, J.1. Heard learned Counsel for the respective parties. Rule, By consent of the parties, rule made returnable forthwith. 2. The facts of the case shortly mentioned are as under :The Ahmednagar Municipal Council has been divided in 48 wards. The ward elections for the Ahmednagar Municipal Council were held on 1-11-1996 and out of 48 wards, in all 9 wards namely Ward No. 2, 11, 15, 18, 22, 25, 35, 37 and 40 were reserved for the persons belonging to other Backward class category. The petitioner No. 1 was elected from Ward No. 2 whereas the petitioner No. 2 was elected from Ward No. 40 and both the wards were reserved for other Backward Class citizens. Both the petitioners belong to the other Backward Class category whereas the respondent No. 4, though belongs to other Backward Class category, contested elections from Ward No. 16 and got elected from the said ward which was earmarked for general category as it was not a ward reserved for either Scheduled Caste, Scheduled T...
Tag this Judgment!Rajendra Bhimrao Mandve and Others Vs. Maharashtra State Road Transpor ...
Court: Mumbai
Decided on: May-07-1997
Reported in: 1998(1)ALLMR93; 1998(4)BomCR556
ORDERM.B. Ghodeswar, J.1. The ten petitioners have filed this petition under Articles 226 and 227 of the Constitution of India challenging the selection list for appointment of Drivers displayed by the respondent No. 1 Corporation on 26-7-1996 contending that the selection list is defective, illegal, contrary to rules and procedure governing selection under section 34 of the Road Transport Corporations Act, 1950 and also fundamental rights of the petitioners under Article 14 of the Constitution of India.2. The facts in brief are as under. The respondent No. 1 Maharashtra State Road Transport Corporation (for short the 'Corporation') is constituted under the provisions of Road Transport Corporations Act, 1950. The respondent No. 1 has constituted a Committee for selection of candidates for appointment The respondent No. 4 Divisional Controller, M.S.R.T.C., Yavatmal Division, Yavatmal issued an advertisement for the post of Drivers and Conductors. The said advertisement was published in ...
Tag this Judgment!Shamlal Jaglal Jaiswal Vs. the State of Maharashtra and Others
Court: Mumbai
Decided on: May-06-1997
Reported in: 1997(3)ALLMR481; 1998(1)BomCR13
ORDERR.G. Deshpande, J.1. By the present petition, the petitioner is challenging the order dated 29th September 1992, passed by the respondent No. 1 - Secretary to the Government, Home Department, Bombay, arising out of the order dated 14-5-1992 passed by the Commissioner of State Excise, M.S. Bombay, in Appeal No : 56/1992 whereby the respondent No. 1 set aside the order passed by the Commissioner of Prohibition and ordered that the foreign liquor licence should be restored in the name of legal heirs of deceased - Shivnarayan Jaiswal, the respondent No. 2.2. The facts of the case, in nutshell, are as under :---On 26th of June 1973, the present petitioner Shamlal Jaglal Jaiswal was issued a licence in Form FL. II (foreign liquor Licence II) for sale of foreign liquor. The licence was issued by the Collector, Aurangabad. After obtaining the licence, the petitioner Shamlal started his liquor shop in the name and style 'Jaiswal Wines' at Gulmandi, Aurangabad. It appears that in the passag...
Tag this Judgment!Uttam S/O Shamlal Jaiswal Vs. the State of Maharashtra and Others
Court: Mumbai
Decided on: May-06-1997
Reported in: 1998(1)BomCR437; 1998(1)MhLj333
ORDERR.G. Deshpande, J.1. In the present petition, the petitioner is challenging the order dated 22nd July, 1993 passed by the Secretary, Home Department, Government of Maharashtra (respondent No. 1), arising out of the order dated 14th May, 1992, passed by the Commissioner, State Excise, Maharashtra State, Bombay, in Appeal No. 55/1992 which, in its turn, arose out of the order dated 31st March, 1992, passed by the Collector, Aurangabad in Case No. 851/90.2. The facts of the present case, in brief, are :That the present petitioner - Uttam holds a licence of retail business in country liquor under Form No. C.L. III since 26th April, 1974, which was renewed from time to time. Petitioner -Uttam continued the said business till 1978 in the same style and capacity under the name and title 'Madira Sagar'.3. In the year 1978 and, to be precise, on 21st November, 1978, the petitioner entered into an agreement with the respondent No. 2 - Pradeep for doing the business in partnership. This deed...
Tag this Judgment!Sou. Sulbha Vijay Pathak and Others Vs. the State of Maharashtra and O ...
Court: Mumbai
Decided on: May-06-1997
Reported in: AIR1998Bom225; 1998(3)ALLMR839; 1998(1)BomCR453; 1998(1)MhLj275
ORDERB.H. Marlapalle, J.1. The W.P. No. 4248/96 has been filed by SonamataShikshan Prasarak Sanstha challenging the approval for running school by therespondent No. 5 Society by name Jai Maharashtra Shikshan Prasarak Sanstha inCidco, Aurangabad, whereas the W.P. No. 4247/96 has been filed by parents of somestudents seeking directions against the authorities to grant approval to the schoolbeing run by Sonamata Shikshan Prasarak Sanstha, N - 9, Cidco area, Aurangabad.The respective parties in both the petitions were heard and in view of the counterclaim made by each of the Society against each other by our order dt. 17-4-1997,Court Commissioner came to be appointed for visiting both the schools i.e. school runby Sonamata Shikashan Prasarak Sanstha as well as school run by Jai Maharashtra Shikashan Prasarak Sanstha. The Court Commissioner has visited both theschool premises and submitted a detailed report to this Court on 20-4-1997. Thereport is self-speaking and to say the least we are s...
Tag this Judgment!Mrs. Pragati Varghese and Etc. Vs. Cyril George Varghese and Etc.
Court: Mumbai
Decided on: May-06-1997
Reported in: AIR1997Bom349; 1997(3)ALLMR504; 1997(4)BomCR551; 1997BomCR(Cri)918; (1997)3BOMLR333; II(1997)DMC407; 1997(3)MhLj602
ORDERAgarwal, J. 1. Present suits arc filed by Christian wives for dissolution of their marriages under Section 10 of the Indian Divorce Act, 1869 (hereinafter referred as 'the Act'). Each of them impugn the vires of the provisions of Section 10 of the Act which provides for the grounds on which a husband and wife can sue for dissolution of marriage. It is contended that the provisions are archaic and adversely discriminate wives as against husbands merely on ground of sex and are, therefore, violative of article 15 of the Constitution. It is further contended that theaforesaid provisions adversely discriminate them vis-a-vis wives belonging to other communities. They are, therefore, denied equality before law and hence the provisions are violative of Article 14 of the Constitution. It is also contended that the aforesaid provisions force them to continue to live with their husbands as wives even though they are subjected to cruelty or desertion. They are, therefore, deprived of their ...
Tag this Judgment!Shivshankar Shivram Singh and ors. Vs. Pramila R. Dwivedi and ors.
Court: Mumbai
Decided on: May-06-1997
Reported in: 1997(4)BomCR541
S.H. Kapadia, J.1. Respondent No. 1 was appointed as a part-time Craft teacher for the period November 13, 1984 upto April 30, 1985. She was continued as a Part-time teacher upto June 30, 1989. She was, thereafter appointed as a Probationer on 1st July 1989 as a full-time teacher for the period from 1st July 1989 to April 30, 1990. Her services were terminated on 30th April 1990 on the ground that her performance was not satisfactory. She was once again appointed on probation from June 30, 1990 upto 30th April 1991. Finally, her services were terminated vide Order dated 26th March 1991 with effect from 30th April 1991. Being aggrieved by the termination Order, respondent No. 1 preferred an Appeal to the Superintendent of Primary Schools. On 10th July 1991. Superintendent directed reinstatement. However, the Management contended that the Superintendent had no jurisdiction to pass such order of reinstatement and therefore, they did not implement the said Order. Consequently, respondent N...
Tag this Judgment!Anil Supdu Koli Vs. Scheduled Tribe Caste Certificate Scrutiny Committ ...
Court: Mumbai
Decided on: May-06-1997
Reported in: 1998(4)BomCR483; 1998(1)MhLj862
ORDERB.H. Marlapalle, J.1. Writ Petition No. 4679 of 1994 has been filed by Shri Anil Supdu Koli challenging the order dated 29-11-1994 passed by the Scheduled Tribe Caste Certificate Scrutiny Committee at Nasik rejecting the claim of the petitioner that he belongs to Tokre-Koli which falls in the Scheduled Tribe category. Writ Petition No. 4910 of 1995 has been filed by Shri Sababkha Ikabalkha Tadavi challenging the award of MS/HSD Retail Outlet Dealership at Karki, District Jalgaon in favour of the petitioner in Writ Petition No. 4679 of 1994. The said retail outlet dealership was reserved for Scheduled Tribe category and the petitioner in Writ Petition No. 4910 of 1995 was second in the order of merit as prepared by the Oil Selection Board for the award of the said retail outlet dealership. Whereas Shri Anil Supdu Koli was first in the order of merit of the selected candidates for the said retail outlet dealership and accordingly he was issued a letter of intent. Writ Petition No. 4...
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