Mumbai Court June 2000 Judgments
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Suryabhan Baburao SaThe and ors. Vs. Belapur Sugar and Allied Industri ...
Court: Mumbai
Decided on: Jun-17-2000
Reported in: 2000(4)ALLMR109; (2000)IIILLJ1071Bom
R.J. Kochar, J.1. The petitioner is aggrieved by the concurrent findings recorded by the Labour Court and the Industrial Court against him under the provisions of the Bombay Industrial Relations Act, 1946 (B.l.R. Act for short). The facts are in a very narrow compass. The petitioners services were terminated simpliciter under the provisions of the Standing Orders by an order dated September 16, 1980. The respondent employer has stated in the said order that the petitioner was not a desirable person to be retained in the employment and the reasons for his termination were confidentially recorded separately but the same could not be communicated to him. The order further says mat 13 days' wages, in lieu of notice and retrenchment compensation under Section 25-F of the Industrial Disputes Act are kept-ready in the accounts office and that the petitioner was directed to collect the same from the office at the time of receipt of this order. The petitioner appears to have received the said o...
Milind P. Pandit Vs. Bank of Baroda and ors.
Court: Mumbai
Decided on: Jun-17-2000
Reported in: (2000)102BOMLR593
Pratibha Upasani, J.1. This Criminal Writ Petition is filed by the petitioner/original accused, being aggrieved by the order dated 22nd December, 1993, passed by the Additional Sessions Judge, Pune, in Criminal Revision Application No. 934 of 1993, whereby, while allowing Criminal Revision Application of the accused and setting aside the order of issuance of process, he directed the said complaint to be sent to the Police for investigation under Section 202 of the Code of Criminal Procedure, 1973 and kept the matter for passing necessary orders regarding the same, after getting report from the Police.2. Few facts, which are required to be stated, are as follows:One Mr. Potnis, who is Senior Manager of the Sadashiv Peth Branch of Bank of Baroda, Pune, filed complaint dated nil November, 1993, against the present petitioner/original accused, under Sections 406, 420, 504 and 506 of the Indian Penal Code. His case was that, the complainant-Bank under a Credit Card Scheme, popularly known a...
Krishi Utpanna Bajar Samitee and ors. Vs. State of Maharashtra and ors ...
Court: Mumbai
Decided on: Jun-17-2000
Reported in: (2000)102BOMLR99
B.N. Marlapalle, J.1. This writ petition filed under Article 226 of the Constitution of India has brought in question the legality and validity of the Government Resolution No. L.F.C. 1094/PRAKRA. 2542/24 dated 1st June, 1995 as well as Government Resolution No. VPA-1095/K No. 17/22 dated 7th April, 1995. It is very specifically contended that the first resolution dated 7th April, 1995 is ultra vires of the provision of Section 127(1) of the Bombay Village Panchayats Act, 1958 (Village Panchayats Act, for short) and second Resolution dated 1st June, 1995 is ultra vires of the provisions of Section 155 of the Maharashtra Zilla Parishads and Panchayat Samitis Act (Zilla Parishads Act, for short).2. The Satara Zilla Parishad (Respondent No. 6) had passed a resolution recommending to the State Government to charge the general cess at the rate of 20 paise for every one rupee of the land revenue and increased cess at the rate of 180 paise. Thus taking the total of the cess amount to 200 pais...
Oval Shiv-shanti Bhuvan Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jun-16-2000
Reported in: (2001)78ITD403(Mum.)
1. In this appeal filed by the assessee the only dispute is regarding assessment of a sum of Rs. 3,00,000 being transfer fee charged by the assessee. The facts of the case leading to this ground of appeal, in brief, are that the assessee is a typical co-operative housing society in the metropolitan city of Mumbai. During the relevant previous year, one of the flat owners, namely, Dr. M.C. Batra, requested the assessee to give No Objection Certificate for the proposed sale of his flat No.15 in the building named and styled as Shiv Shanti Bhuvan, 146, Maharshi Karve Road, Churchgate Reclamation, Mumbai. The society demanded from Dr. Batra a contribution of Rs. 3,00,000 to the society's Common Amenity Fund and resolved that till the said contribution was received, the proposed transfer should not be effected and transferee should not be actually admitted to the membership of the society. On these terms, contribution of a sum of Rs. 3,00,000 was received by the assessee-society which was ...
Shri Raghunath Ramchandra Natu Vs. Dattatraya Sitaram Salgaonkar and o ...
Court: Mumbai
Decided on: Jun-16-2000
Reported in: AIR2001Bom300; (2001)3BOMLR334; 2001(2)MhLj401
R.M.S. Khandeparkar, J.1. As the common question of the law ...... arises in both the Petitions,the same were heard together and are being disposed of by this common judgment.2. The Petitioners in Writ Petition No. 686 of 1988 are the Respondent Nos. 2a to 2f in Writ Petition No. 3551 of 1988, and are hereinafter referred to as 'the Petitioners', the Respondent Nos. 1 and 2 in Writ Petition No. 686 of 1988 are the Petitioners in another Writ Petition are hereinafter referred to as 'the Respondents' and the Respondent No. 3 in Writ Petition No. 686 of 1998 is the Respondent No. 1 in Writ Petition No. 3551 of 1988 and is hereinafter referred to as 'the original tenant'. The Respondents are the landlords and the plaintiffs in the suit for eviction filed by them against the Petitioners and the original tenant on the ground of default in payment of rent and sub-letting of the premises by original tenant to the petitioners.3. The facts in brief are that the Respondents while complaining of n...
Smt. Kamalabai Baburao Kabade Vs. Smt. Laxmibai Janardan Jagtap and or ...
Court: Mumbai
Decided on: Jun-16-2000
Reported in: AIR2000Bom490; 2000(4)ALLMR227; 2001(1)BomCR148; 2001(2)MhLj905
ORDERA.M. Khanwilkar, J.1. This petition, under Article 227 of the Constitution of India, is by the tenant in respect of the premises which are part of a building bearing C.T.S. No. 5-E, Godoli, Satara No. 2, Hari Kripa Building, Anandwadi, Dattamandir, Satara. The premises were originally owned by late Shri Janardan Jagtap, who is survived by the respondents. It is common ground that the premises were let out to the petitioners during the lifetime of the said Shri Janardan Jagtap. The monthly rent of the suit premises is stated to be Rs. 15/-. The said Shri Janardan Jagtap died sometime in October, 1975. The respondents, who are the heirs of the said Shri Janardan Jagtap, caused to send notice to the petitioner demanding arrears from 1-1-1973 to 29-2-1976. The notice is dated March 1, 1976. There is no dispute that the said notice was received by the petitioner, and in response thereto a reply was sent on March 31, 1976. The petitioner denied that she was in arrears of rent. The speci...
Khandu Rambhau Bhosale Vs. Western Maharashtra Development Corporation ...
Court: Mumbai
Decided on: Jun-16-2000
Reported in: [2000(87)FLR50]; (2001)IIILLJ47Bom
R.J. Kochar, J. 1. The petitioner has challenged an award to the Labour Court dated April 29, 1987 granting reinstatement with continuity of service and to place him in the pay-scale of the watchman. Though, it does not appear in the operative part of the order in paragraph 12 of the award the Labour Court has categorically held that the petitioner workman was not entitled for backwages. It appears that the Labour Court has inadvertently not mentioned the question of backwages.2. The petitioner had raised an Industrial Dispute for reinstatement with backwages and continuity of service with effect from July 28, 1982 on the ground that he was in employment as a watchman with effect from April 10, 1982 with the first respondent and that his services were unlawfully terminated with effect from July 28, 1982. The State Government had referred the said Industrial Dispute to the Labour Court for adjudication under Sections 10 and 12 of the Industrial Disputes Act, 1947. Both the parties filed...
Sangamner Bhag Sahakari Sakhar Karkhana Ltd. Vs. Rashtriya Sakhar Kamg ...
Court: Mumbai
Decided on: Jun-16-2000
Reported in: 2000(3)ALLMR814; [2000(86)FLR882]; (2001)ILLJ101Bom
R.J. Kochar, J.1. The petitioner a Sugar Karkhana, is aggrieved by the award and order ted June 9, 1986, directing the Karkhana as under:'1. The II party shall not appoint any apprentice as unskilled worker in the Karkhana. 2. The II parry shall pay those apprentices who are appointed or will be appointed for unskilled work the basic pay and dearness allowances on par with the unskilled workers. 3. The II party shall also pay to such of the apprentices who are appointed otherwise than under the Apprentices Act, 1961, to any other posts other than the unskilled workers the 60% of the wages and dearness allowance of that post. 4. This order is to be given effect from the date of notice of change i.e., September 26, 1980.' 2. The petitioner Karkhana has impugned the aforesaid award and the order of the Industrial Court passed under Section 73-A of the Bombay Industrial Relations Act, 1946, in a reference IC No. 6 of 1984 submitted by the respondent union. By a notice of change dated Se...
Zilla Parishad and anr. Vs. Ramesh Sadashiv Dukre and ors.
Court: Mumbai
Decided on: Jun-16-2000
Reported in: 2000(4)ALLMR407; [2000(86)FLR496]; (2000)IIILLJ771Bom
R.J. Kochar, J. 1. The petitioners, Zilla Parishad, Ahmednagar, through its Chief Executive Officer and the District Health Officer, Zilla Parishad, Ahmednagar are aggrieved by the judgment and order dated March 11, 1988 passed by the learned Member of the Industrial Court, Ahmednagar in Complaint (ULP) No. 306 of 1986 filed by 12 complainants employed under the petitioners as drivers claiming permanency and regularisation in the vacant posts of drivers. It was alleged against the petitioners by the respondents-employees that they were recruited on or about March 15, 1984 in clear vacant posts of drivers by following regular recruitment procedure i.e., they were required to undergo interview and tests and thereafter they were issued appointment orders. It was their complaint that though they had completed more than 240 days continuous employment they were continued as Badlis/temporary on daily wages and they were deprived of the benefits of permanency. They had invoked the provisions o...
Shri Noshir Jehangir Postwalla Vs. Shri Keki Rattanji Postwalla Since ...
Court: Mumbai
Decided on: Jun-16-2000
Reported in: 2000(4)ALLMR637; 2001(1)BomCR152
A.M. Khanwilkar, J.1. This writ petition under Article 227 of the Constitution of India has been filed by the petitioner-landlord challenging the decree of the trial Court and that of the Appellate Court in dismissing the suit filed by him for possession of the suit premises admeasuring 1250 sq.ft. in a building known as Postwalla Building No. 3 Shankarset Road, Pune 2.2. The petitioner-landlord had filed suit in the Court of the Small Causes at Pune bearing Civil Suit No. 2907 of 1978 for possession of the suit flat on the ground of bona fide requirement. According to the petitioner, when the suit for possession was filed, he was residing with his mother in a bungalow belonging to his mother and since the mother was about to sell out her bungalow, he was in immediate need of some residential accommodation for his residence and for the residence of his family. Consequently, the petitioner had issued notice dated March 16, 1976 and thereafter a second notice which is the suit notice dat...
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