Court : Mumbai
Reported in : (1959)ILLJ187Bom
Acts/Rules/Orders: Industrial Disputes Act, 1947 - Section 10(1)AWARD1. This Industrial dispute between the workmen and employers of the Osmanshahi Mills, Ltd., Nanded, was referred to the Industrial tribunal constituted under the Labour Department notification No. I/37/55/30, dated 23 May, 1955, under S. 10(1)(c) of the Industrial Disputes Act, 1947 (XIV of 1947), by the Rajpramukh (Hyderabad) by their order No. I/137/54/(S)/94, dated 30 September 1955. The dispute is regarding the matters specified in Sch. I in respect of workmen mentioned in Sch. II annexed thereto. Schedules I and II are as follows :- Schedule I (1) Whether the suspension and subsequent dismissal of the said workmen is justified (2) If not to what relief are they entitled * * * 2. After the statement of claim and written statements were filed, the Industrial Tribunal, Hyderabad, consisting of Sri B. A. Patel, heard the matter at length and recorded considerable evidence. After the evidence of both workmen and the...
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom363; (1959)61BOMLR829; ILR1959Bom1267
Tambe, J. 1. An important question of law arises out of a preliminary objection raised in behalf of the State of Bombay. The preliminary objection raised relates to the maintainability of the petition against the present State of Bombay. This decision will govern the preliminary objection raise din three cases, viz,., Misc. Petn. No. 523/56, Miscellaneous Petition No. 470/56 and Special Civil Application No. 73 of 1957. The consideration of this question turns of the interpretation of Sections 87, 88 and 116 of the States Reorganisation Act, 1956 Act 37 of 1956 hereinafter called the Act.2. The case in general that falls for our consideration is that the petitioners before us were in the service of he former State of Madhya Pradesh. Their services were terminated by the orders, of the Government of the then State of Madhya Pradesh prior to the date the Act came into force. Two of the petitioner were serving on the date of termination of their services in the territories which now form ...
Tag this Judgment!Court : Mumbai
Reported in : (1959)IILLJ485Bom
Tambe, J.1. An important question of law arises out of a preliminary objection raised on behalf of the State of Bombay. The preliminary objection raised relates to the maintainability of the petition against the present State of Bombay. This decision will govern the preliminary objection raised in three cases, viz., Miscellaneous Petition No. 523 of 1956, Miscellaneous Petition No. 470 of 1956 and Special Civil Application No. 73 of 1957. The consideration of this question turns on the interpretation of Ss. 87, 88 and 116 of the State Reorganization Act, 1956, Act XXXVII of 1956, hereinafter called the Act. 2. The case in general that falls for our consideration is that petitioners before us were the services of the former State of Madhya Pradesh. Their services were terminated by the orders of the Government of the then State of Madhya Pradesh prior to the date the Act came into force. Two of the petitioners were serving on the date of termination of their service in the territories w...
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR1210
Tambe, J.1. This is an appeal under Section 116-A of the Representation of the people Act, 1951 (hereinafter referred to as Act of 1951) by one Ramdayal Ayodhyaprasad Gupta, a defeated candidate at the election held on January 24, 1958, for electing five members to the Legislative Council of the State of Bombay from the Vidarbha Local Authorities' Constituency.' The questions raised in this appeal relate to the scope and ambit of expressions 'Municipality' and 'Janapada Sabha (Rural Circle)' appearing in the Fourth Schedule of the Representation of the People Act, 1950 (hereinafter referred to as Act of 1950).2. Article 171 of the Constitution relates to the composition of the Legislative Council. It provides that the Legislative Council of a State shall consist of members elected from certain electorates referred to in Sub-clauses (a) to (d) of Clause (3) of this article and of certain nominated members as provided in Sub-clause (e) of the said Clause (3). We are here concerned with t...
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR1638
Kotval, J.1. This is an appeal under Clause 10 of the Letters Patent of the then High Court of Judicature at Nagpur upon leave granted by Mr. Justice P.P. Deo. The appeal comes before this Court pursuant to a certificate issued by the learned Chief Justice of the High Court of Madhya Pradesh under Section 59 of the States Reorganization Act.2. The subject-matter in dispute in appeal is a field, survey No. 23, area 29 acres 25 gunthas, situated in the village Walki, tahsil and district Amravati. This field belonged to the respondent Dharamchand who is a resident of Calcutta. The appellant Gangaram was at all material times the working patwari of the village Walki. Under Section 140 of the Berar Land Revenue Code, the Deputy Commissioner, Amravati, having certified that the respondent was in arrears of land revenue amounting to Rs. 58-15-3 in respect of the year 1940-41, the said field was put to auction by the revenue authorities on April 24, 1941, at Badnera. At the auction the appella...
Tag this Judgment!Court : Mumbai
Reported in : (1960)62BOMLR172; [1960]11STC811(Bom)
Kotval, J. 1. The petitioners Messrs Ramkrishna Ramnath, Bidi Merchants of Kamptee, carry on the business of manufacture and sale of bidis, with their head office at Kamptee and branch offices at several other places such as Tumsar, Gondia, Bhandara, Tiroda, Nagpur, Akola and other places in Vidarbha. The petitioners are registered dealers under section 8 of the Central Provinces and Berar Sales Tax Act, 1947 (XXI of 1947), hereinafter referred to as the Act. As registered dealers, the petitioners were making quarterly returns under section 10 of the Act. For the period from 7th November, 1953, to 26th October, 1954, they had similarly made their returns. It is now not in dispute that these returns were not made upon the due dates under the Act but were delayed by some days. The respective dates on which the returns were due and were actually filed are shown in a tabular statement below :- ---------------------------------------------------------------------- Return for the Due date D...
Tag this Judgment!Court : Mumbai
Reported in : (1960)ILLJ110Bom
Acts/Rules/Orders: Industrial Disputes Act, 1947 - Sections 2, 3, 12(4), 12(5), 36 and 36(1)AWARD1. This is a reference under S. 12(5) of the Industrial Disputes Act, XIV of 1947, read with S. 3 of the Working Journalists (Conditions of Service and Miscellaneous Provisions) Act, 1955, by the Government of Bombay in respect of a dispute between the Hindu, Bombay, and the workmen (working journalists) employed under it over the following demand by the latter :- 'Sri Salivateeswaran should be paid the following :- Rs. Notice pay three months' wages at the rate of Rs. 1,276 per month .... 3,828 Earned leave with wages for three months .... 3,828 Wages in lieu of medical leave .... 3,828 Retrenchment compensation at the rate of 15 days' wages for every completedyear of service or any part thereof in excess of six months for 28 years of service .... 17,864 Gratuity at the rate of 15 days for every completed year of service of 28 years .... 17,864 Arrears of telephone rental at the rate of Rs...
Tag this Judgment!Court : Mumbai
Reported in : (1960)62BOMLR547
Kotval, J.1. This is an appeal at the instance of the plaintiffs in a mortgage suit. Respondents Nos. 1 and 2, who are the mortgagors, have not put in appearance. Respondent No. 3 is the then State of Madhya Pradesh, but it is now not in dispute that the liability is that of the State of Bombay under the provisions of Section 91 of the States Reorganization Act.2. The plaintiffs sued upon a mortgage executed on May 10, 1944, by respondents Nos. 1 and 2. The mortgage was for a consideration of Rs. 4,000, repayable in four yearly instalments of Rs. 1,000 each. The mortgage stipulated for interest at 1 per cent, per month, compound. The property which was comprised in the mortgage consisted of three fields, khasra No. 28, area 3.59 acres and khasra No. 41, area 2.52 acres, of mouza Poth Budhwar, tahsil Katol, district Nagpur, and khasra No. 313, area 5.12 acres of mouza Katol, tahsil Katol, district Nagpur.3. The principal dispute in this appeal is not between the appellants-mortgagees an...
Tag this Judgment!Court : Mumbai
Reported in : (1960)62BOMLR236
Tambe, J. 1. Petitioner Narayan and Ratanlal, respondant No. 1 hereto, were the two contesting candidates at the general election of the Amravati Town Muncipal Committee in Vidarbha. They were contesting for a seat from ward muncipal committee in Vidarbha. They were contesting for a seat from ward Muncipal committee in Vidarbha. They were constesting for a seat from ward No. 10 of the said municipality. Respondents Nos. 2 and 3 also had filed their nomination papers for that seat but had withdrawn their candidature. Poll was taken on May 1, 1959. As a result of the counting that took place on May 2, the petitioner was declared elected by the Supervising Officer. Before the result of this election was notified by the Deputy Commissioner, Amravati, in the Official Gazette, as required by the provisions of the C.P. & Berar Municipalities Act, hereinafter called the Act, respondent No. 1 filed an election petition on May 11, 1959, before the District Judge, Amravati, challenging the electi...
Tag this Judgment!Court : Mumbai
Reported in : AIR1961Bom11; (1960)62BOMLR735; ILR1961Bom101
Naik, J. 1. The suit giving rise to this appeal was filed by the plaintiff originally against Miraj State for the following reliefs : 1. A full and detailed account be taken of defendant's management of the Saranjam Estate from 1915 to the data of suit in respect of income from all items of income such as court fee, registration, stamps, fines, Abkavi, excise, opium and other items received or deemed to have been received by the State in its capacity as the Manager of the Estate. 2. A declaration that the plaintiff is entitled to the income from the date of suit from such items as Abkari, excise opium and such other items as have no relation to the exercise of civil and criminal jurisdiction rights over the villages. The plaintiff's case may be outlined as follows : The plaintiff's ancestor, Moro Ballal Patwardhan, was a member of the Branch of Govind Had Patwardhan, who founded tile Miraj Saranjam. The Peshwas granted a 'Tainat' or a Saranjam in favour of Govind Hari in 1764 for a su...
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