Mumbai Court July 1997 Judgments
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Karim Abdul Rehman Shaikh Vs. Shehnaj Karim Shaikh
Court: Mumbai
Decided on: Jul-04-1997
Reported in: (1997)99BOMLR463
V.H. Bhairavia, J.1. This petition is preferred against the order of awarding maintenance dated 5.5.1995 passed under Section 125 of the Criminal Procedure Code by the Family Court, Pune, in Petition E.No. 652 of 1994.2. The petition in the Family Court was filed by the respondent No. 1, a divorced Muslim woman, under Section 125 of the Criminal Procedure Code for maintenance. The Family Court has allowed the said application, and awarded maintenance to respondent No. 1- wife and her two minor children. Mr. Mulla, learned Counsel for the petitioner-husband, has submitted that the aforesaid ruling is contrary to the object and spirit of the Muslim Women (Protection of Right of Divorce) Act, 1986, under which Act, the right of a divorced Muslim woman to claim maintenance from her former husband under Section 125 of the Criminal Procedure Code for the post-ideate period, has been repealed. Therefore, if she wants to claim post-ideate period maintenance, she has to apply under Section 4 of...
Shri Vilas Dumale Vs. M/S. Siporex India Ltd. and Another
Court: Mumbai
Decided on: Jul-03-1997
Reported in: 1998(1)BomCR585
ORDERS.S. Nijjar, J.1. This petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for issuance of a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, directions or orders quashing and setting aside the Award in Reference No. IDA-206 of 1982 dated 22nd February, 1985.2. The petitioner was working as a clerk since 23rd April, 1974 with respondent No. 1. His last drawn salary was Rs. 1,055/- p.m. His services were abruptly terminated on 20th January, 1982 without disclosing any reasons for termination. The petitioner took the issue regarding termination before appropriate officer of the Commissioner of Labour Department and after following the procedure, the Conciliation Officer submitted his failure report to the Deputy Commissioner of Labour, Pune, by his letter dated 26th October, 1982. On the basis of the failure report, the Deputy Commissioner of Labour, referred the matter for adjudication by his order...
Usv Limited Vs. Maharashtra General Kamgar Union and Another
Court: Mumbai
Decided on: Jul-03-1997
Reported in: 1998(1)BomCR604; 1997(3)MhLj743
ORDERR.M. Lodha, J.1. The petitioner, USV Limited, seeks to challenge the award passed by the 9th Labour Court, Bombay on 6-8-1994 in Reference (IDA) No. 661 of 1985 whereby the said Labour Court answered the reference partly in the affirmative and ordered quashing of dismissal orders dated 30-9-1984 as being unjustified and directed reinstatement of the four employees with continuity of service with effect from 1-10-1984. 2. The petitioner, USV Limited., (for short 'employer') is a public limited companyincorporated under the Companies Act. It carries on business of manufacturingpharmaceutical products and bulk drugs. For the said purposes the employer engagesabout 116 workmen in its factory situated at Govandi, Bombay. The 1st respondent,Maharashtra General Kamgar Union is a trade union registered under the TradeUnions Act, 1926. The said union in the present matter espoused the cause of fouremployees, namely, Shri M.N. Raut, Shri T.V. Baria, Shri R.P. Shinde and MissPratibha R. Guja...
Mr. Angele G. Pereira Vs. Dr. Leon D'Souza and another
Court: Mumbai
Decided on: Jul-03-1997
Reported in: 1998(3)BomCR108
ORDERVishnu Sahai, J.1. By means of this petition, preferred under section 482 Cr. P.C., the petitioner (orig. accused) has prayed that the proceedings in Criminal Complaint Case No. 171/S of 1991, (under section 499 and 500 I.P.C.), arising out of a complaint filed against him on 15-4-1991, by the respondent No. 1 in the Court of the Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Bombay, be quashed.2. The allegations in brief as unfolded in the complaint are that the complainant (respondent No. 1) Dr. Leon D'Souza, was the President of Catholic Gymkhana Club, Bombay in the year ending on 26-9-1990. On the said date, in the Annual General Meeting, the petitioner Angelo Pereira, was elected as President. While the complainant was President, a contract had been given by the Managing Committee to one Seltzer Pinto, a member of the club, for running a permit room. The said contract was terminating on 1-10-1990. Bearing in mind the convenience of the members of the club, t...
Angele G. Pereira Vs. Dr. Leon D'Souza and another
Court: Mumbai
Decided on: Jul-03-1997
Reported in: 1998BomCR(Cri)193; 1998CriLJ569
ORDERVishnu Sahai, J. 1. By means of this petition, preferred under section 482 Cr.P.C., the petitioner (Orig. Accused) has prayed that the proceedings in Criminal Complaint Case No. 171/S of 1991, (under sections 499 and 500 I.P.C.), arising out of a complaint filed against him on 15-4-1991, by the respondent No. 1, in the Court of the Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Bombay, be quashed.2. The allegations in brief as unfolded in the complaint are that the complainant (respondent No. 1) Dr. Leon D'Souza, was the President of Catholic Gymkhana Club, Bombay, in the year ending on 26-9-1990. On the said date, in the Annual General Meeting, the petitioner Angelo Pereira, was elected as President. While the complainant was President, a contract had been given by the Managing Committee to one Seltzer Pinto, a member of the club, for running a permit room. The said contract was terminating on 1-10-1990. Bearing in mind the convenience of the members of the club...
State of Maharashtra Vs. Ravindra @ Ravi Bansi Gohar and ors.
Court: Mumbai
Decided on: Jul-03-1997
Reported in: (1997)99BOMLR140
V.P. Tipnis, J.1. Four accused persons namely Ravindra @ Ravi Bansi Gohar, Rajendra @ Rajubhai Tarachand Sankat, Kishor @ Kishya Amarsingh Maheshkar and Vinod Bhika Maria were charged and tried in three Sessions Cases being Sessions Case Nos. 1063 of 1987, 1396 of 1988 and 45 of 1996 in respect of the crime registered as C.R. No. 123 of 1987 of Agripada Police Station Mumbai, which was subsequently numbered as DCB CID C.R. No. 107 of 1987. All the three sessions cases were tried together as they related to the same incident.2. The aforesaid four accused alongwith several others were charged with offence under Section 302 read with 120B IPC, Section 302 read with Section 149 IPC, and several other Sections to which we will make a detailed reference later on. Broadly stated accused named above alongwith others were charged for having committed murder of one Babu Gopal Reshim as also one police constable by name Hari Shravan Ahire at about 3.30 a.m. on 5.3.1987 by breaking open the police...
American Express Bank Ltd. Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jul-02-1997
Reported in: (1998)65ITD67(Mum.)
1. ITA No. 7027/B/90 is assessee's appeal whereas ITA No. 7382/B/90 is Revenue's appeal. Both the appeals being for the same assessment year and in case of same assessee, for the sake for convenience, are disposed of by this common order.2 to 10. [These paras are not reproduced here as they involved minor issues.] The Revenue has taken six grounds of appeal which we proceed to decide after hearing both the parties as under : "On the facts and in the circumstances of the case and in law the learned CIT (Appeals) erred in directing the Assessing Officer to allow deduction of interest paid by the assessee to the seller of securities for the broken period Rs. 5,94,41,072." The learned D.R. has submitted that the issue relating to allowability of interest on securities for the broken period in view of the binding nature of the Supreme Court decision over the Board's circular, is covered in Revenue's favour as per the decision of the Supreme Court in the case of Vijaya Bank Ltd. v. CIT [199...
M/S. Oswal Petrochemicals Vs. Government of Maharashtra and Others
Court: Mumbai
Decided on: Jul-02-1997
Reported in: 1998(1)BomCR670
ORDERF.I. Rebello, J.1. Rule.2. Learned Counsel for respondents waive service. By consent, made returnable and taken up for final hearing forthwith.3. The petitioner has approached this Court to impugn the order dated 19th November, 1996 passed by the Industrial Court at Bombay in Complaint (U.L.P.) No. 1543 of 1991. The petitioner is the original respondent No. 2. The present respondent No. 3 had filed an application on behalf of the Canteen workers working in the Canteen of the petitioner herein but admittedly their services were employed through the Agency of respondent No. 4 who was respondent No. 1 in the original complaint and who is running the Canteen. The petitioner Union in their complaint alleged that the Canteen is a part of a factory and as such the members of the petitioner's Union working in the Canteen would be the employees of the petitioner as the petitioner Company is under a statutory obligation to provide facility of Canteen for its workmen employed in its factory....
Vilas Bhaskar Sawant Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jul-02-1997
Reported in: 1998BomCR(Cri)188
ORDERVishnu Sahai, J. 1. By means of this revision, the petitioner has impugned the judgment and order dated 20-1-1992, passed by the Sessions Judge, Thane, in Criminal Appeal No. 69 of 1980, whereby the judgment and order dated 31-8-1990, passed by the VIth Assistant Sessions Judge, Thane, in Sessions Case No. 422 of 1987, convicting and sentencing him to undergo three years RJ. and to pay a line of Rs. 500/ - in default to suffer R.I. for 3 months, has been confirmed.2. In short, the prosecution case is that the petitioner on one hand and the victim Bhalchandra Patil, P.W. 1 on the other hand, belonged to rival labour unions and there was an inimical strain between them. On the night of 12th and 13th July, 1986. Bhalchandra, P.W. 1, witnesses Ratan and others were on duty at Raymond Mills. At about midnight, the petitioner along with three co-accused persons namely Dilip AHIRE, Prabhakar Ahire, and Umesh Joshi, came near them; whereas the petitioner was having a knife in his hand, th...
Ramesh Damodar Nagare Vs. Ashok Damodar Nagare and Another
Court: Mumbai
Decided on: Jul-01-1997
Reported in: 1997(3)ALLMR686; 1998BomCR(Cri)424; 1998(1)MhLj798
ORDERVishnu Sahai, J.1. By this revision, the petitioner has impugned the order dated 25-6-1990, passed by the J.M.F.C. Nasik issuing against him process under sections 452, 323, 504 and 506 I.P.C. in Criminal Case No. 258 of 1989, arising out of a complaint tiled by the respondent No. 1.2. Facts in brief leading to the present petition are as under :---On 16-8-1989, the complainant- respondent No. 1 filed a complaint against the petitioner in the Court of J.M.F.C., Nasik Road, with a prayer that the petitioner bepunished for offences punishable under sections 452, 323, 504 and 506 I.P.C. Immediately, alter filing of the complaint, statement of the complainant (respondent No. 1) was recorded under section 200 Cr.P.C. Thereafter, the case was adjourned to 29-8-1989. On that day, the J.M.F.C., Nasik was pleased to order investigation by the concerned P.S.I. under section 202 Cr.P.C. The report of the P.S.I. which was in Marathi was received in the Court of the Magistrate on 30-1-1990. I ...
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