Court : Mumbai
Decided on : Sep-03-1997
Reported in : AIR1998Bom157; 1998(2)ALLMR207; 1998(1)BomCR214
ORDERM.B. Shah, C.J.1. These appeals are filed against the judgment and order dated 5th/6th December, 1996 passed by the learned Single Judge, directing the appellants to grant Certificates of Service as provided under section 80(1) of the Merchant Shipping Act, 1958 (hereinafter referred to as 'the Act'), to the respondents, who have attained the rank of Lieutenant in the Executive Branch of the Indian Navy prior to 14th August, 1986. Section 80 of the Act was deleted from 14th August, 1986. The petitioners in Writ Petition No. 490 of 1997 and Writ Petition No. 924 of 1997 have prayed for grant of similar Certificate of Service.2. These appeals and writ petitions involve common questions of law and facts. Contentions raised and submissions made in all these matters are identical. Hence, all these matters are disposed of by this common judgment. For the sake of convenience, we would refer to the facts stated in Appeal No. 149 of 1997.3. The learned Additional Solicitor-General appearin...
Tag this Judgment!Court : Mumbai
Decided on : Jul-17-1997
Reported in : 1998BomCR(Cri)336; (1998)1BOMLR377; 1998CriLJ136; 1998(1)MhLj25
S.P. Kulkarni, J.1. In its legislative appearance, since 1989, S. 32-A of the Narcotic Drugs & Psychotropic Substances Act found it difficult to overcome its vulnerability in the Courts of law and it often allowed legal battles to be fought over the subject of ascertaining its true meaning, and also about what it precisely spoke. It could not easily protect itself from being misunderstood or stoutly protect itself from being chosen as a target worth shooting at. 2. Before us, in the present proceedings, a question that has been posed is as to whether the High Court, while entertaining an appeal against the conviction under the NDPS Act has the same power available to it under S. 389, Cr.P.C. to allow suspension of a sentence during the pendency of such appeal and to release the appellant/accused on bail. As a further corollary of this main issue, we have been required to record our observations as to on what occasions power of suspending sentence awarded under that Act would be availab...
Tag this Judgment!Court : Mumbai
Decided on : Apr-03-1997
Reported in : AIR1997Bom406; 1997(4)ALLMR223; 1997(3)BomCR354; (1997)2BOMLR504
ORDERTipnis,J.1. It is permissible of the State,under our Consitution,to condemn a person infected with HIV to virtual economic death before the must eventually meet his death due to the ailment is the question before us.The question is of great contemporary significance and importance.2. The petitioner was working as a casual labourer with respondent No. I Corporation, through a contractor in the year 1982.In 1984,the petitioner was interviewed for a vacancy against a regular post by the respondent-Corporation.However,the petitioner was not selected.In the year 1986,the petitioner was interviewed again by the Corporation and,thereafter,was employed as a casual labourer from 1986 till about 1994.The petitioner was required sign a register/muster and was issued a muster card.In the year 1990,the petitioner was directed to go for a medical examination.The petitioner submitted himself to medical examination conducted by one Dr.V.S.Kulkarni who is a panel Doctor for the respondent-Corporat...
Tag this Judgment!Court : Mumbai
Decided on : Jun-20-1997
Reported in : 1998(2)BomCR87
ORDERS.N. Variava, J.1. All these petitions can be disposed off by this common judgment. Facts are by and large common. On behalf of the petitioners, Mr. Zaiwalla and Mr. Chinoy have argued. All the other Advocates have adopted the arguments of these two Counsel.2. All these petitions challenge the vires of the Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987 (hereinafter for the sake of convenience called the said Impugned Act). Facts briefly stated are as follows:3. The then Portuguese Government granted various concessions under Decrees dt. 20th September 1906. These were governed by the Portuguese Colonial Mining Laws. The then existing position is very succinctly set out by the Supreme Court in the case of Vinodkumar Shantilal Gosalia v. Gangadhar Narsingdas Agarwal : [1982]1SCR392 . The relevant portion reads as follows:'3. During the Portuguese rule, matters relating to grant, transfer and vesting of mining rights in Goa, Daman and Diu...
Tag this Judgment!Court : Mumbai
Decided on : Nov-18-1997
Reported in : 1998BomCR(Cri)702; 1998CriLJ1376
ORDERA.P. Shah, J.1. This is an application filed under Article 226 of the Constitution of India for the issue of a writ in the nature of certiorari to quash and set aside the order of detention dated 4th June, 1997 passed by the Police Commissioner, Brihan Mumbai and to release the detenu who is detained in Nasik Road Central Prison, Nasik. 2. In the exercise of powers conferred under sub-section (1) of section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (Act No. 55 of 1981, hereinafter referred to as 'Act'), the Police Commissioner, Brihan Mumbai passed an order on 4th June, 1997 detaining the detenu Suresh Anant Jadhav with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. Thereafter the detenu was arrested on 18th June, 1997 and was served with the order of detention. The grounds of detention were served on the detenu on 20th June, 1997 together wit...
Tag this Judgment!Court : Mumbai
Decided on : Nov-24-1997
Reported in : (1998)100BOMLR45
A.P. Shah, J.1. By means of this petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the order of detention dated 15th January, 1997 passed by the Secretary to Government of Maharashtra, Home Department (Preventive Detention) under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ('Act' for short) with a view of preventing the petitioner from smuggling goods in future.2. The salient and material facts which necessitated the detaining authority to pass the impugned order, as set out in the grounds of detention, are as follows :On 22nd July, 1996 the Officers of the D.R.I. seized from one Nainmal Joshi foreign currency worth Indian rupees 13,25,000/-. The statement of the said Nainmal Joshi was recorded under Section 108 of the Customs Act, 1962 on the same day wherein he admitted that he was buying smuggled foreign marked gold biscuits from the petitioner and that he had made payment to the petit...
Tag this Judgment!Court : Mumbai
Decided on : Jan-14-1997
Reported in : 1998BomCR(Cri)599
ORDERA.V. Savant, J.1. Heard both the learned Counsel.2. Petitioner Rameshkumar Balkishan Cibal is the brother of the detenu Rajkumar Balkishan Cibal. By order dated 1st February, 1996 passed under sub-section (1) of section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1947 (for short COFEPOSA Act) the detenu has been ordered to be detained with a view to preventing him from abetting the smuggling goods, as also concealing and keeping smuggled goods. The offending incident is of 28th June, 1995when the officers of the Directorate of Revenue Intelligence, Zonal Unit, Mumbai intercepted (i) truck No. H.R-38-6942 near Anjurphata on Bhiwandi bypass of Mumbai Nasik Road at 2100 hours and (ii) truck No. M.P-23-D-2307 on Mumbai Nasik Road approximately 69 K.M. off Mumbai at around 2300 hours alongwith certain occupants. Enquiries with the occupants revealed that they were carrying some consignments of smuggled goods and were to contact the detenu for d...
Tag this Judgment!Court : Mumbai
Decided on : Jul-11-1997
Reported in : 1998(1)ALLMR62; 1998(1)BomCR417
ORDERR.M. Lodha, J.1. This writ petition at the instance of the petitioner Ratilal B. Ravji is directed against the award dated 4-6-1994 passed by the 7th Labour Court, Bombay in Reference (IDA) No. 95 of 1991 whereby the said Labour Court rejected the reference made at the instance of the petitioner.2. Tata Sports Club, the respondent No. 1 (for short 'Club') is the club governed by its own rules and regulations. Its membership comprises of the Directors, officersand all employees of the Tata Companies details of which have been given in the rules and regulations and such other Tata and Associate Companies/organisations which the managing committee may determine from time to time to be eligible for the membership of the Club. The Club is situated at Bombay House, Homi Mody Street, Fort, Bombay. The aims and objects of the Club are to organise, promote and afford facilities for indoor and out-door games, any form of athletics, sports, recreation (including library and reading room), sp...
Tag this Judgment!Court : Mumbai
Decided on : Dec-10-1997
Reported in : 1998(2)ALLMR486; 1998(3)BomCR128; (1998)1BOMLR597; [1998(79)FLR202]; 1998(1)MhLj915
ORDERF.I. Rebello, J.1. Rule.2. Learned Counsel for the respondents waive service. By consent made returnable and heard forthwith.3. The petitioners herein had objected to the workmen respondent being represented by their legal advisor who is a practising advocate in a pending domestic enquiry.The complaint was filed by the workmen before the Labour Court contending that the action of the petitioners in not permitting an office bearer of the Union to represent him at the domestic enquiry amounts to an unfair labour practice. An application for interim relief was also moved. The Labour Court by order dated 5thApril 1997 permitted the complainant to be represented by the legal adviser. Aggrieved by the said action, the petitioners herein preferred a revision application before the Industrial Court at Mumbai. The Industrial Court by its order dated 1st September 1997 rejected the revision application preferred by the petitioner herein. In so holding the Industrial Court proceeded on the f...
Tag this Judgment!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...
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