Court : Mumbai
Reported in : 2007(6)ALLMR96
K.J. Rohee, J.1. This is an election petition under Section 80 of the Representation of People Act, 1951 by an elector challenging the election of the returned candidate from 134-Nagpur East Legislative Assembly Constituency. 2. The facts which are undisputed can be stated thus:The Programme of General Election 2004 for Maharashtra Legislative Assembly was declared on 15.9.2004 as under:i) Last Date for submission of Nomination Papers 22.09.2004ii) Scrutiny of Nomination Papers 23.09.2004iii) Last Date for withdrawal of Nomination Papers 25.09.2004iv) Polling 13.10.2004.v) Declaration of Result 16.10.2004. 3. Shri Satish Jhaulal Chaturvedi (R-1) represented 134 Nagpur-East Legislative Assembly Constituency during the elections of 1980, 1990 and 1995 as the candidate of Indian National Congress. He had lost only one election of the year 1985 wherein he had contested as an independent candidate. On 22.9.2004 R-1 presented his nomination paper to the Returning officer of 134 -Nagpur East ...
Tag this Judgment!Court : Mumbai
Reported in : 1993(3)BomCR387; (1993)IILLJ568Bom
1. These are two writ petitions under Article 226 of the Constitution of India filed by the employer and the workmen respectively, challenging the Award of the National Industrial Tribunal dated April 8, 1991 made in reference No. NTP-2 of 1987. Since the two writ petitions are in the nature of cross-petitions, the parties shall, hereinafter, be referred to as they are arrayed in Writ Petition No. 2416 of 1991, in which the Petitioner is the employer, Respondent No. 1 is the Presiding Officer, National Industrial Tribunal, Bombay and Respondents 2 to 8 are Trade Unions/Associations representing the present and past workmen of the Petitioner Employer. 2. A Company Know as ICI(India) Pvt. Ltd. was incorporated some time in 1926. Between 1939 to 1961, three Indian subsidiaries, by name (1) Alkali and Chemicals Corporation of India Ltd., (2) Indian Explosives Ltd. and (3) Chemicals and Fibers of India Ltd., of the parent U.K. Company were set up in India. In 1982, the other subsidiary comp...
Tag this Judgment!Court : Mumbai
Reported in : 1997(4)BomCR372
T.K. Chandrashekhara Das, J.1. Rule. By consent rule is made returnable forthwith.2. The petitioner is an association of Judicial Officers working in the subordinate courts in Goa. In this writ petition the petitioner challenges the validity of the Goa Civil Service (Judicial Branch) Rules, 1992, particularly Rule 17(b) and Rule 18(2) thereto. The said rules are hereinafter called the '1992 Rules'. The attack on the rules is on two counts. Firstly, the rules under challenge are arbitrary and violative of Articles 14 and 16 of the Constitution of India inasmuch as they take away the chances of promotion of the members of the petitioner's Association. Secondly, the rules under challenge have been framed in violation of the mandates contained in Article 234 of the Constitution of India as they are framed without the consultation of the Public Service Commission and of the High Court.2A. A galaxy of lawyers of the Goa High Court Bar including the Advocate General is arrayed on either side;...
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)ALLMR717; 2007(1)MhLj519
V.C. Daga, J.1. This petition is directed against the order dated 8th May, 2000 passed by the respondent No. 3 and the order dated 1st June, 2001 passed by the respondent No. 1; communicated to the petitioner vide letters dated 11th February, 2002 and 11th September, 2002; whereby the petitioner came to be dismissed from service after departmental enquiry. The Facts2. The facts giving rise to the filing of this petition are as under:3. The petitioner was working as Accounts Officer with the Maharashtra Remote Sensing Application Centre, Nagpur (the ' MRSAC' for short); which is a Society registered under the Societies Registration Act. It receives grant from the State Government. It has to function as per the policy of the State Government.4. It has framed its own bye-laws and service rules known as the 'Service Rules and Procedure' for the Personnel and Administrative affairs. The post of Accounts Officer in the pay-scale of Rs. 2000-3500 was created from 3-11-1992 with due approval f...
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Reported in : AIR1968Bom400; (1967)69BOMLR808; 1968CriLJ1584
Patel, J.1. This group of appeals arises out of a prosecution against these appellants and some others for offences of conspiracy under Section 120-B of the Indian Penal Code for importing and bringing into India gold in contravention of the provisions of the Sea Customs Act. 1878 read with the relevant Notifications and individual charges against several accused in respect of certain individual transactions. In the complaint 40 persons were named as defendants, out of whom defendants Nos. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 36, 38, 39 and 40 only were amenable to the process of the Court. Rest of the defendants were not amenable to the process of the Court inasmuch as many were foreigners and some had absconded.(2) Defendants Nos. 1, 2 and 3, who are brothers, are referred to as Shuhaibar brothers and are of Beirut. Defendant No. 4 Yusuf Lori alias Adulla apparently is from Baherein. Juan Casanovas, defendant No. 5 is of Geneva. Defendant No. 19 Hamad Sultan of Bombay had absc...
Tag this Judgment!Court : Mumbai
Reported in : 1984(1)BomCR122
A.A. Ginwala, J.1. The petitioner who at the relevant time was serving as Lecturer in Gujarati in the Government College of Arts and Science at Daman ('the College' for brief) has by this writ petition involved the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution, Inter alia to challenge the order dated 5-6-1976 under which his services are terminated in pursuance of the proviso to sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965 ('Temporary Service Rules' for short).2. The facts leading to this petition stated briefly are that some time in January 1966 the Collector of Daman issued a notification inviting applications for the posts of Professors and Lecturers in various subjects including the posts of Lecturers in Hindi, for the College. It was stated in this notification that 'the appointments are temporary for the present, but likely to be made permanent'. The petitioner applied for the post of Lecturer in Hi...
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Reported in : 2002CriLJ376
Vishnu Sahai, J. 1. Through this appeal, the appellant challenges the judgment and order dated 17-8-1995 passed by Additional Sessions Judge, Jalna in Sessions Case No. 92/93 whereby he has been convicted and sentenced in the manner stated hereinafter :(i) Under Section 302, IPC to suffer imprisonment for life and to pay a fine of Rs. 1,000/- i.e. to suffer 2 years R.I.; and(ii) Under Section 201, IPC to suffer 4 years R.I. and to pay a fine of Rs. 500/- i.e. to undergo one year R.I.The substantive sentences of the appellant were ordered to run concurrently.It is pertinent to mention that along with the appellant, his two brothers namely; Dnyandeo Mule and Sakharam Mule and his wife Mirabai are also tried for the said offences but they have been acquitted through the impugned judgment and the State of Maharashtra has not assailed their acquittal by preferring a appeal under Section 378(1) of the Code of Criminal Procedure.2. Shortly stated, the prosecution case runs as under :The decea...
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Reported in : 1990ACJ804; 1990(3)BomCR17; 1989MhLJ1101
H.H. Kantharia, J.1. While deciding First Appeal No. 181 of 1976 in case of Union of India and another v. Hardeo Dutta Tirtharam and others, : AIR1986Bom350 this Court was at pains to point out that gone are days when the State can contend that 'The King can do no wrong' in the matter of tortious acts of their servants. We are sorry that we have to hear the burden of the same song once again in this writ petition under Article 226 of the Constitution.2. The relevant facts giving rise to this petition are as under:One Anthony Bras Cardinho was working as a Storekeeper in the Mental Hospital, Panjim. He had put in 13 years of service with the State Government out of which 9 years as a Storekeeper. On October 6, 1979 he was arrested by the Panjim Town Police on the allegations that he had misappropriated some hospital utensils and plastic-ware worth about Rs. 1500/-. It is contended by the petitioners who are the wife and two sons of the said-Anthony Bras Cardinho that after his arrest he...
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N.A. Britto, J.1. These revision petitions arise from the common Order dated 8-12-2006 of the learned Special Judge/Sessions Judge, Panaji, by which charge has been ordered to be framed against the accused for offences punishable under Sections 120B, 409, 420, 465, 468, 471, I.P.C. and Section 13(2) Rule with Sections 13(1)(d)(i) and 13(1)(d)(ii) of the Prevention of Corruption Act, 1988. 2. The case against the accused came to be investigated upon a complaint filed by Shri Manohar Parrikar, MLA, Panaji, and it appears that it took different turns depending upon which Government was in power in the State of Goa. 3. The case of the prosecution is that A-1/Godinho and A-2/Nagarajan were the Minister for Power and Chief Electrical Engineer, respectively at the relevant time. The allegation is that A-2/Nagarajan was promoted to act as a Chief Electrical Engineer from 5-2-1996 as he was close to A-1/Godinho, the Minister for Power and in preference to Shri Ghali who was senior to him. At th...
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Reported in : 2001(2)BomCR421; (2001)1BOMLR790; [2001(90)FLR192]; (2002)IVLLJ438Bom; 2001(3)MhLj180
ORDERS. Radhakrlshnao. J.1. The brief facts common to all the above seven petitions are as follows.2. The Petitioner is engaged in the activity refining and distribution of petroleum products. The Respondent No. 1 in Writ Petition No. 1605 of 1999 was employed as a Gatekeeper at Wadala - I Installation of the Petitioner. Respondent No. 1 in Writ Petition Nos. 1606 and 1611 of 1999 were employed as a Watchman at Wadala - I Installation of the Petitioner. Respondent No. 1 in Writ Petition Nos. 1607, 1608 and 1610 of 1999 were employed as a Heavy Vehicle Driver at Wadala - I Installation of the Petitioner. In Writ Petition No. 1609 of 1999 the Respondent No. 1 was employed as a Fitter at Wadala - I Installation of the Petitioner.The Petitioner came to know that there has been regularly pilferage/ theft of petroleum products from Wadala-I Installation and in fact it appears that the Vigilance Department got the information that there would be an attempt to pilfer petroleum products on 29th...
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