Court : Mumbai
Reported in : AIR1999Bom382; 1999(1)ALLMR727; 1999(2)BomCR154
ORDERN.J. Pandya, J.1. The petitioner is challenging the action of State Authority in form of decision taken by the Licensing Officer of the Office of the Controller of Cattle, Goregaon (East), Bombay 400 063 as per order dated 19th September, 1996.2. The petitioner admittedly was having a stable of buffaloes. There being eight buffaloes in number house in it as on the date of the controversy. He came to be served with Show Cause Notice, Exh. A, Page 21 and thereafter the impugned order at Exh. B, page 23 came to be passed.3. The matter was carried in appeal before the Appellate Authority without any success. The dismissal order of appeal is Exh. D, page 28.4. The petitioner is having on one hand running battle with his landlord in the form of rent suit filed in the Small Causes Court, it being Suit No. 940of 1995. He also faced notice proceedings under section 351 of the Bombay Municipal Corporation Act, calling upon him to remove the stable which he succeeded in getting vacated when ...
Tag this Judgment!Court : Mumbai
Reported in : 1999(4)BomCR510; (1999)1BOMLR798; 1999(2)MhLj502
ORDERR.M.S. Khandeparkar, J.1. This appeal arises from the Judgment and order dated 24th October, 1994, passed in Insolvency Petition No. 1/90, by the District Judge at Panaji. By the impugned order the District Judge had allowed the application filed by the respondent No. 1 herein for his declaration as insolvent and has further ordered that from the amounts realised of the assets of the respondent No. 1 and which are now invested in F.D.R., the outstanding amounts of respondents Nos. 2,4, and 5, shall be paid first and from the balance outstanding amount, the appellant should be cleared and if any balance is left, the outstanding amounts of the remaining respondents shall be cleared on pro-rata basis.2. The grievance of the appellant is that the impugned order has been passed by misconstruing the provisions contained in section 34 of the Maharashtra Co-operative Societies Act, 1960, as applied to the State of Goa and hereinafter called the 'said Act'. It is the contention of the appe...
Tag this Judgment!Court : Mumbai
Reported in : 1999(5)BomCR398; 1999BomCR(Cri)398; 1999CriLJ1754
ORDERDr. Mrs. Pratibha Upasani, J. 1. This Criminal Revision Application along with Criminal Appeal will be disposed of by this common judgment and order. 2. Criminal Revision Application No. 42 of 1992, which was converted from Criminal Appeal No. 49 of 1992, is filed by the petitioner (original complainant), being aggrieved by the judgment and order dated 9th December 1991, passed by the Judicial Magistrate, First Class, Miraj convicting accused No. 1 (respondent No. 1 in the Revision Application) and acquitting accused No. 2 of the offences punishable under section 501 and 502 of the Indian Penal Code. By the impugned order, the Judicial Magistrate, First Class, Miraj, sentenced accused No. 1, Allabaksh Gulab Nadaf to suffer S.I. till rising of the Court and to pay a fine of Rs. 500/-, in default, to suffer further S.I. for 8 days, under both the counts. The original complainant/ petitioner is dissatisfied with this impugned order. His grievance is that, the sentence awarded to accu...
Tag this Judgment!Court : Mumbai
Reported in : 1999(4)ALLMR263; 2000(1)BomCR417
ORDERS.B. MHASE, J.1. This civil revision application is directed against the order dated 15-6-1989 passed by the learned II Joint Civil Judge, J.D. Jalgaon in R.C.S. No. 553 of 1985 below Exhibit 120.2. The respondent No. 1 has filed Regular Civil Suit No. 553 of 1985 in respect of the property bearing C.T.B. No. 1697/B/12 Municipal House No.291 admeasuring 46.44 Sq.Mtrs. This was the property initially owned by one Jayabai who had expired on 20th July, 1985 at Jalgaon. The present petitioner is the tenant alongwith other tenants. This property has been bequeathed by deceased Jayabai to the respondent plaintiff by Will-deed dated 29-1-1985 and after her death the respondent-plaintiff claims that he has become the owner of the said property on the basis of the said Will-deed and therefore, the plaintiff has filed the suit for the reliefs claimed in the suit.3. The defendant-petitioner has filed an application at Exh. 125 contending that in view of the provisions of section 213 of the I...
Tag this Judgment!Court : Mumbai
Reported in : 2000(1)BomCR471; (2000)IILLJ355Bom
ORDERR.M.S. KHANDEPARKAR, J.1. This appeal arises from judgment and order dated 27th April 1994, passed in Case No. EIC/9/87 by the Employees Insurance Court at Panaji (hereinafter called as 'the Insurance Court'). By the impugned judgment, the Insurance Court has set aside the order of the Deputy Regional Director passed under section 45-A of the Employees' State Insurance Act, 1948 (hereinafter called as 'the said Act') on 17-4-1986. By the said order, the respondent was called upon to contribute an amount of Rs. 8,978.80 for a period from 1-3-1984 to 31-1-1986 plus interest amount of Rs. 1,932.50 along with further interest at the rate of 6% with effect from 1-2-1986 onwards within a period of 15 days from the date of receipt of the said order. The contention of the appellant is that since the respondent refused to comply with the provisions of the said Act and the Rules made thereunder on the purported plea that the establishment of the respondent is not covered by the provisions o...
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)ALLMR723; 1999(2)BomCR140; 1999(1)MhLj878
ORDERT.K. Chandrashekhara Das, J.1. As these petitions give rise to common questions of law on almost identical facts, they can conveniently be disposed of by this common judgment.2. The petitioners, claiming to be lessees under the watandars, challenge the orders passed by the authority under the provisions of the Bombay Inferior Village Watans Abolition Act, 1958 (hereinafter called the 'Act'). By virtue of the provisions of the Act, the hereditary system of watans was sought to be abolished and the watandars who were enjoying the land under the grant given by the Government in old time were given regrant of the land on abolition of the system, without insisting on rendering any service in consideration of that grant. Therefore, as is seen from the Preamble to the Act, with an avowed object of abolition of hereditary service system, the Act has been enacted. Before going to the controversial aspect of the case, it is necessary to have a general survey of the relevant provisions of th...
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)ALLMR721; 1999(2)BomCR155; [1999(82)FLR544]
ORDERN. J. Pandya, J.1. The respondents may have a very strong case to urge that on merits the petitioner has a very weak case when he has come out with a prayer that he be reinstated with full back wages and continuity of service by the respondents. Ordinarily, such a prayer is to be encountered in a complaint filed by a workman against his employer because the situation as to the relationship between the employer and employee would be quite clear and as per the current parlance it would be One-O-One.2. In the instant case a peculiar situation is sought to be made out in the complaint, Exh. A, page 13 with relief Clause 9 at page 22 that though the petitioner was paid by respondent No. 1 he was employed by all the remaining respondent Nos. 2 to 7. In other words it was a convenient arrangement of payment through respondent No. 1 but the petitioner was supposed to work for all the respondents. He may or may not succeed in making out this case before the trial Court. I was shown certain...
Tag this Judgment!Court : Mumbai
Reported in : 1999(2)ALD(Cri)751; 2000CriLJ1622
ORDERR.K. Batta, J.1. The applicants have filed an application for bringing them on record as legal heirs of deceased Michael Francis Pinheiro in proceedings for leave to appeal against order of acquittal of respondents M/s. Kamaxi Steel Products passed by Judicial Magistrate, First Class, Margao in Criminal Case No. 136/N/96/II. The said Michael Francis Pinheiro had a complaint regarding an offence under Section 138 of the Negotiable Instruments Act. Judicial Magistrate, First Class, Margo, vide Judgment dated 27th April, 1998 acquitted the respondents M/s. Kamaxi Steel Products against which Order an application for leave to appeal has been filed. The original complainant Michael Pinheiro died after the said Judgment and after filing application for leave to appeal. The leave to appeal was filed one 5th August, 1998 and the appellant died on 26th August, 1998. That is how his legal heirs now wish to prosecute leave to appeal and, for that purpose, they have filed an application for b...
Tag this Judgment!Court : Mumbai
Reported in : [1999(81)FLR524]; (1999)IILLJ255Bom
N.J. Pandya, J.1. This petition is filed by the employer/management against the order passed by the Industrial Court, Maharashtra, Mumbai in compliant (ULP) No. 1666 of 1991 on November 29, 1996. The petitioner-employer is running a hotel viz. Ritz Hotel, and Respondent No. 1 Union has filed a complaint on behalf of one Shri. V.T. Kumar as its member, who at the relevant time worked as a 'South Indian Cook' for preparing South Indian dishes in the hotel of the petitioner-employer. The above South Indian Kitchen in the Hotel was started somewhere in the year 1976.2. Initially, Mr. V.T. Kumar was appointed on probation as a 'South Indian Cook' in August 1976 and he was confirmed on the said post w.e.f. January 1, 1977. Further, it is stated by the petitioner-employer that South Indian Kitchen was running in loss and was no more profitable. Accordingly, it was decided by the management of the hotel to close down 'South Indian Kitchen department.'3. Since the petitioner-employer viz. Ritz ...
Tag this Judgment!Court : Mumbai
Reported in : 2000(1)BomCR334; 1999CriLJ2305; 1999(3)MhLj173
ORDERD.D. SINKA, J.1. Heard Shri Badhe, learned Counsel for the petitioner; Shri Khapre, learned Counsel for respondent No. 3; and Shri Chawda, learned A.P.P. for respondent No. 1-State. The respondent No. 2 though served, none appeared for respondent No. 2.2. This criminal writ petition is directed against common order dated 23-3-1998, passed by the learned 1st Judicial Magistrate, First Class, Court No. 2, Nagpur, below Exhibit-1, in Misc. Criminal Cases Nos. 30/ 1998, 31/ 1998 and 32/1998, whereby the trial Court allowed the Criminal Application No. 32/ 1998 preferred by Moreshwar s/o Baliram Khanorkar, (i.e. present respondent No. 3); and released the vehicle, in question, on Supratnama, in his favour. 3. It will be appropriate for me to consider few facts, which have given rise to the controversy, in question.The petitioner is the finance company and doing the business of finance. On 10-10-1997, the respondent No. 2-Farukh Ahmed s/o Iqbal Ahmed Khan approached the petitioner and r...
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