Mumbai Court March 2008 Judgments
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Ajay Vasant Gawand and ors. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Mar-12-2008
Reported in: 2008(4)BomCR360
1. Rule. By consent of the parties, Rule made returnable forthwith and heard finally.2. Heard the learned Counsel for the parties. The petitioner has approached this Court seeking a writ in the form of declaration that the petitioner's land admeasuring about 1200 sq. mtrs bearing survey No. 40, Hissa No. 4 (part) Navpada (City Survey No. 32 (part)) Tika No. 20 situate at Navpada, Thane City stand released from reservation, allotment or designation and that the petitioner is therefore, entitled to develop the land as otherwise permissible in the case of the adjacent land.3. It is the petitioner's case that in the year 1974, the development plan for the city of Thane came into force wherein the petitioner's land was shown as reserved for post and telegraph department. It is the case of the petitioner that till the year 1991, no steps were taken by the respondents to utilise the land for the purpose it was reserved. On 22.11.1999, a revised development plan was notified by the State Gover...
Shivaji S/O Vithalrao Bhikane Vs. Chandrasen S/O Jagdevrao Deshmukh, A ...
Court: Mumbai
Decided on: Mar-11-2008
Reported in: 2008CriLJ3761
V.R. Kingaonkar, J.1. Rule. Rule made returnable forthwith and heard finally by consent of parties.2. By this petition, petitioner challenges order dated June 22nd, 2006, rendered by learned Additional Sessions Judge, Udgir Camp at Ahmedpur , in Criminal Revision Petition No. 8 of 2006.3. A brief resume of some facts would amplify understanding of the controversial issues involved in the petition. The petitioner alleged that original accused Nos. 1 to 3 mentioned in the complaint case had committed mischief by causing destruction to his water pipeline of residential hostel and Ashram Shala. He is the President of the Educational Institution which runs the Ashram Shala having 725 students in the hostel. He asserted that the original accused Nos. 1 to 3 caused unlawful loss of Rs. 3000/- by their act of disconnecting the water pipeline. On basis of his complaint, certain investigation was carried out by the police. According to the complainant petitioner, when there was sufficient materi...
Force Motors Limited (Formerly Known as Bajaj Tempo Limited) Vs. Shrik ...
Court: Mumbai
Decided on: Mar-11-2008
Reported in: 2008(3)BomCR53; [2008(117)FLR606]; (2008)IILLJ771Bom
B.H. Marlapalle, J.1. This Petition is directed against passed by the IIIrd Labour Court Reference (IDA) No. 150/1985 on 23-12-1996 said Award the Respondent workman was reinstated in his original post with continuity of service and 50% backwages.2. The Petitioner is a Company incorporated under the Companies Act, 1956. It was earlier known as 'Bajaj Tempo Limited' and subsequently it has been renamed as 'Force Motors Limited'. It has a factory at Akurdi, Pune and it manufactures commercial vehicles. The Respondent workman was employed in the said factory. He was issued a chargesheet on 18-2-1983 and it was alleged that on 22-1-1983 while he was on duty in the first shift, he had gone to the Inspection Department and whistled and hooted and forced the other workmen to stop the work. A departmental enquiry was instituted against him and the enquiry officer submitted his report on 19-10-1984. The enquiry officer held that the Respondent was present in the first shift on 22-1-1983 and he ...
Nilkanth Son of Sampat Khandade Vs. Bhaurao Son of Sampat Khandade and ...
Court: Mumbai
Decided on: Mar-11-2008
Reported in: 2008(4)ALLMR383; 2008(3)BomCR282; 2008(4)MhLj215
A.H. Joshi, J.1. This Court had issued notice of final disposal.2. Hence Rule. Rule is made returnable forthwith.3. Notice to respondent No. 2 is dispensed with.4. Petitioner impugns the order at Annexure-I [page 47] passed below Exh.72.5. By Exh.72, petitioner herein had objected to exhibit Relinquishment-Deed dated 21st December, 1996, copy whereof is at Annexure 'C' to this petition.6. The objection incorporated in Exh.72 can be seen in Para Nos. 4 and 7 thereof which reads as follows:4. Without prejudice to the contentions of the plaintiff that there is no point in getting the said document impounded, particularly when it is an unregistered document, it is submitted that it is the stamp Collector, who is the Competent Authority under the provisions of the Bombay Stamp Act, who is empowered to calculate the Stamp Duty payable on the aforesaid document and the penalty leviable thereof. It would thus appear that the calculation arrived at by the Nazir is of no consequence and has to b...
Maharashtra State Road Transport Corporation Vs. Shri Vasant B. Araj
Court: Mumbai
Decided on: Mar-11-2008
Reported in: 2008(4)ALLMR744
B.H. Marlapalle, J.1. Being aggrieved by the Award passed by the IVth Labour Court at Thane on 9-10-2006 in Reference(IDA)No. 110/1999, the Petitioner Corporation has approached this Court. By the said Award the reference has been allowed and the Respondent workman was directed to be reinstated with full backwages and continuity of service w.e.f. 18-4-1998.2. The Petitioner is an undertaking of the Government of Maharashtra. The Respondent joined the service of the Corporation as a bus conductor sometimes in the year 1977 and was posted at the Jawahar depot. On 20-11-1992 he was on duty as a conductor on the Corporation bus starting from Jawahar and going to Shirdi. The said bus was checked at Amboli (stage No. 24) by the Corporations squad headed by Shri K.K.Jadhav and it was found that a group of 50 passengers who were getting down at Amboli were not issued the bus tickets and the Respondent was trying to hand over the bundle of tickets to the group leader when the checker had entere...
President/Secretary Pioneer Education Trust and ors. Vs. Janardan Mith ...
Court: Mumbai
Decided on: Mar-11-2008
Reported in: 2008(3)ALLMR406; 2008(3)BomCR575
A.M. Khanwilkar, J.1. Heard counsel for the parties. Rule. Rule made returnable forthwith by consent. As short question is involved in the petition, taken up for final disposal forthwith by consent. Notice to respondent No. 2 is dispensed with being formal party.2. This petition takes exception to the judgement and order passed by the School Tribunal, Mumbai dated 29th October 2007 in Appeal No. MUM/22/2006. By the said judgement, the Tribunal has allowed the appeal preferred by the respondent No. 1 thereby setting aside the order of termination dated 10th June 2006 and further directing to reinstate the respondent No. 1 on his original post of Teacher and to pay the arrears of 50% of salary from the date of termination and also costs of Rs. 1,000/- towards expenses of fees. The Tribunal has further ordered that the above said directions should be complied with within 40 days from the date of order. The said conclusion was reached by the Tribunal on the finding that the disciplinary en...
Bhagat Punja Bagul Vs. Ceat Ltd. and anr.
Court: Mumbai
Decided on: Mar-11-2008
Reported in: 2008(6)BomCR688; (2008)IIILLJ990Bom; 2008(4)MhLj934
S. Radhakrishnan, J.1. By this Appeal, the appellant workman is challenging the common judgment dated 13th August, 1999, passed by the learned Single Judge, whereby the learned Single Judge had disposed of both the Writ Petition No. 887 of 1997 filed by the Employer as well as the Writ Petition No. 1824 of 1997 filed by the Workman i.e. to say, that both the Employer and Employee were aggrieved by the Award dated 31st March, 1997, passed by the Third Labour Court, Mumbai. By the said Award, the Labour Court had directed the Employer to provide some suitable post taking into consideration his ailment. By the said Award, the Labour Court had also held that the Workman was not entitled to his back wages since the mis-conduct against him was proved. Aggrieved thereby, the Employer and the Employee moved this Court before the learned Single Judge, the employee seeking backwages, and the employer seeking to challenge the order directing the reinstatement of the Workman on some suitable post,...
Oriental Insurance Co. Ltd. Vs. Chhaya Satish Sontakke (Jain) and ors.
Court: Mumbai
Decided on: Mar-11-2008
Reported in: 2008(4)ALLMR654; 2008(5)MhLj64
C.L. Pangarkar, J.1. This is an appeal by original non-applicant No. 2 - the Oriental Insurance Company.2. The facts giving rise to this appeal are as under--Claimants are the widow, son and mother of deceased Satish. It is alleged that on 12-11-1993, the deceased was travelling by a Jeep bearing No. MH-30-271. He was to go to Khamgaon. The said jeep was being driven by non-applicant No. 1, who is the owner of the said Jeep. While jeep was proceeding towards Khamgaon, S.T. bus came from the opposite direction and there was a collision between the two vehicles. It is alleged that both the vehicles were being driven rashly and negligently. Satish died in the said accident. It is alleged that Satish was 24 years old when he died. He was running electronics shop and was dealing in electronic goods and T.V., V.C.R. etc. He was earning Rs. 5000/- per month. It is alleged that the deceased would have survived long. The claimants, therefore, claimed compensation of Rs. 10,00,000/-.3. Non-appli...
Secretary, Bombay St. Xavier's College Society and Anr. Vs. Anwar Hasa ...
Court: Mumbai
Decided on: Mar-11-2008
Reported in: 2008(5)MhLj268
A.M. Khanwilkar, J.1. Both these Writ Petitions are being disposed of by common Judgment as the same have been filed against the self-same Judgment of the School Tribunal, Mumbai dated 28th June 2004 in Appeal No. 53 of 1998. The said Appeal was filed by respondent No. 1 in Writ Petition No. 2745 of 2004 and respondent No. 3 in Writ Petition No. 9833 of 2004. For the sake of convenience, the parties will be referred to as per their description in the Appeal filed before the School Tribunal by the abovesaid respondent. For the sake of clarity, it may be noted that Anwar Hasan Mohammed had filed the said Appeal against the decision of the Management to appoint Mrs. C.L. Jacob as the Vice Principal of the St. Xavier's Junior College. The said Mrs. Jacob was impleaded as respondent No. 3 in the Appeal.2. Briefly stated, the admitted facts are that the respondent Institution has been recognised as minority institution. Appellant as well as respondent No. 3 were appointed on the same date as...
Cosmos Co-operative Bank Ltd. Vs. General Federation Maharashtra State ...
Court: Mumbai
Decided on: Mar-11-2008
Reported in: 2008(6)BomCR877
Khanwilkar A.M., J.1. Heard Counsel for the parties.2. Rule. Mr. B.V. Bukhari waives notice for respondents.3. Rule made returnable forthwith by consent and matter is heard for final disposal.4. This petition takes exception to the judgment and order passed by the Presiding Officer, Central Government Industrial Tribunal-II, Mumbai dated November 5, 2007 below Exhibits 18 and 24 in Reference No. CGIT-II/68 of 2003. By the said order, the lower Court rejected the preliminary issue raised on behalf of the petitioner about the jurisdiction of the Tribunal to try and decide the reference made by the Central Government, which according to the petitioner was not the appropriate Government. Inasmuch as, the petitioner being a Multi State Cooperative Society engaged in the business of bank, the appropriate Government to make reference, for adjudication of the dispute between the petitioner on the one hand and the workmen on the other, before Tribunal constituted by the State Government, would ...
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