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Jan 08 1953

Rangappa Kelavadeppa Vs. Rindawa and Vasangouda

Court : Mumbai

Decided on : Jan-08-1953

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 11, 47, 47(1) and 47(3) - Order 21, Rule 11 - Order 22, Rule 5; Code of Civil Procedure (CPC) (Amendment) Act, 1877 - Sections 13; Probate and Administration Act, 1881

Reported in : AIR1954Bom139; (1953)55BOMLR725; ILR1953Bom991

Advocate for Appellant : G.P. Murdeshwar, Adv.

Bavdekar, J.1. This is a second appeal arising from a suit filed by one Rangappa, who claims to be the adopted son of one Kelvadeppa. It appears that this Kelvadeppa had obtained a decree against Venkappa,...

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Oct 17 1950

Nagappa Narayan Shetti Vs. Mukambe Venkatraman Shetti

Court : Mumbai

Decided on : Oct-17-1950

Subject : FamilyProperty

Acts : Hindu Women's Rights to Property Act, 1937 - Sections 3, 3(2) and 3(3)

Reported in : AIR1951Bom309; (1951)53BOMLR177; ILR1951Bom443

Advocate for Appellant : G.P. Murdeshwar and ;U.S. Hattangadi, Advs.

Bhagwati, J.1. This is a second appeal from a judgment of the learned Dist. J. Kanara, who confirmed the decree passed by the learned Civil Judge, Honavar, in favour of the pltf. The facts which led...

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Nov 27 1952

Govind Waman Vs. Murlidhar Shrinivas and ors.

Court : Mumbai

Decided on : Nov-27-1952

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 100 and 462 - Order 23, Rule 3 - Order 32, Rule 7; Transfer of Property Act, 1882 - Sections 10; Dekkhan Agriculturists Relief Act - Sections 15B; Hereditary Offices Act, 1874 - Sections 5

Reported in : AIR1953Bom412; (1953)55BOMLR465; ILR1953Bom948

Advocate for Appellant : G.P. Murdeshwar, Adv.

Gajendragadkak, J.1. The short question of law which this appeal raises for our decision is whether a compromise decree which contains a term contrary to the provisions of Section 10, T. P. Act is a nullity...

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Jul 14 1949

Damji Javerchand and ors. Vs. Province of Bombay

Court : Mumbai

Decided on : Jul-14-1949

Subject : Civil

Acts : Bombay Land Revenue Code, 1879 - Sections 48

Reported in : AIR1950Bom227; (1950)52BOMLR138

Advocate for Appellant : G.P. Murdeshwar and ;U.S. Hattangadi, Advs.

Shah, J.1. The plaintiffs appellants filed Suit no. 396 of 1940 in the Court of the First Glass Subordinate Judge of Thana against the Province of Bombay seeking to obtain a declaration that the levy of...

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Nov 25 1949

Narayan Vs. Padmanabh

Court : Mumbai

Decided on : Nov-25-1949

Subject : Family

Acts : Hindu Law

Reported in : AIR1950Bom319; (1950)52BOMLR313

Advocate for Appellant : G.P. Murdeshwar, Adv.

Chagla, C.J.1. One Vishweshwar who died in 1928 made a will prior thereto dated 17th January 1926. By this will he gave a life-estate to his wife, defendant 1, and gave the absolute interest to the...

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Jul 30 1952

Nagesh Pundalik Vs. Manjayya Krishna and anr.

Court : Mumbai

Decided on : Jul-30-1952

Subject : Commercial

Acts : Debts Laws; Bombay Agricultual Debtors Relief Act, 1947 - Sections 2(5); Hindu Law; Hindu Gains of Learning Act

Reported in : AIR1953Bom197; (1953)55BOMLR72; ILR1953Bom428

Advocate for Appellant : G.P. Murdeshwar, Adv.

ORDER[1] Applications were made by creditors against the petitioner and his two brothers. The trial Court held that the petitioner and his two brothers constituted a joint and undivided Hindu family and the family was not...

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Jan 06 1950

Shripad Gopalkrishna Chandavarkar Vs. Sidram Satappa Dodamani and ors.

Court : Mumbai

Decided on : Jan-06-1950

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 2, Rule 2

Reported in : AIR1951Bom167; (1950)52BOMLR594; ILR1950Bom421

Advocate for Appellant : G.P. Murdeshwar and ;U.S. Hattangadi, Advs.

Rajadhyaksha, J.1. This is a second appeal from a decree passed by the Assistant Judge at Belgaum modifying the decree of the trial Court and thereby decreeing the plaintiff's suit in toto.2. The plaintiff filed the...

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Aug 09 1951

Madhavdas Devidas and ors. Vs. Vithaldas Vasudeodas and ors.

Court : Mumbai

Decided on : Aug-09-1951

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 39, 39(1) and 39(2); Code of Civil Procedure (CPC), 1908 - Sections 100, 102, 104, 104(1), 104(2), 109 and 111; Code of Civil Procedure (CPC), 1877 - Sections 588; Constitution of India - Article 133(1) and 133(3)

Reported in : AIR1952Bom229; (1952)54BOMLR94; ILR1952Bom570

Advocate for Appellant : G.P. Murdeshwar Adv.

Bavdekar, J. [1] This is an appeal from a decision of Shah J., on appeal from an order refusing to sat aside an award. It is necessary to stale the facts, because a preliminary point has...

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Aug 01 1952

The Dharwar Bank Ltd. Vs. Vasudeorao Madhavrao Deshpande

Court : Mumbai

Decided on : Aug-01-1952

Subject : Limitation

Acts : Limitation Act, 1908 - Sections 12 and 12(2) - Schedule - Article 179; High Court Rules; High Court Orders; Bombay High Court (Appellate Side) Rules - Rule 187; Code of Civil Procedure (CPC), 1908 - Order 45, Rule 2

Reported in : AIR1954Bom525; (1954)56BOMLR907; ILR1954Bom1266

Advocate for Appellant : G.P. Murdeshwar, Adv.

Rajadhyaksha, J. 1. These are four applications for leave to appeal to the Supreme Court. They arise out of the decisions of this Court in certain Letters Patent Appeals, namely, 45, 46, 47 and 48 of...

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Mar 05 1951

Ganesh Subraya and ors. Vs. Hanmant Vithoba and ors.

Court : Mumbai

Decided on : Mar-05-1951

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 108; Bombay Tenancy Act, 1939 - Sections 24

Reported in : AIR1952Bom100; (1951)53BOMLR800

Advocate for Appellant : G.P. Murdeshwar, Adv.

Rajadhyaksha, J.1. This second appeal raises an interesting question about the right of a mulgenidar to cut the trees growing upon the land leased to him under a mulgeni lease. The facts ot the case are...

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