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Dec 08 1952

Dhondi Tukaram Vs. Dadoo Piraji and ors.

Court : Mumbai

Decided on : Dec-08-1952

Subject : Tenancy

Acts : Code of Civil Procedure (CPC), 1908 - Sections 9 and 100; ;Tenancy Law; Bombay Tenancy and Agricultural Lands Act, 1948 - Sections 29, 29(1), 29(2), 29(4), 70, 85, 85(1), 89 and 89(2); Land Revenue Code - Sections 83; Bombay Agricultural Debtors Relief Act; Bombay General Clauses Act - Sections 7; Bombay Tenancy and Agricultural Lands Act, 1939

Reported in : AIR1954Bom100a; (1953)55BOMLR663

Advocate for Appellant : K.B. Sukhtankar, Adv.

ORDERShah, J.1. It is true that an inference as to permanent tenancy is a mixed question of law and fact and could foe raised in second appeal. But the facts found from which the inference in...

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Dec 15 1955

Govind Dipaji More Vs. State

Court : Mumbai

Decided on : Dec-15-1955

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 392, 397 and 398

Reported in : AIR1956Bom353; 1956CriLJ700

Advocate for Appellant : K.B. Sukhtankar, Adv.

Vyas, J.1. The appellant Govind Dipaji More has been convicted by the learned Additional Sessions Judge, Greater Bombay, of an offence under Section 392 read with Section 397 of the Penal Code and he has been...

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Feb 09 1953

Petro Antonio Luciano Sequeira and anr. Vs. Goolbai Nadirshaw and anr.

Court : Mumbai

Decided on : Feb-09-1953

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 58; Presidency Small Cause Courts Act, 1882 - Sections 41

Reported in : AIR1954Bom81; (1953)55BOMLR739; ILR1953Bom1153

Advocate for Appellant : K.B. Sukhtankar, Adv.

ORDER1. A very interesting question arises in this revision application with regard to the right, of a mortgagee under an English mort-.gage to enforce his right of possession against the mortgagor. It appears that the petitioners...

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Aug 23 1951

Digambar Gopal MaraThe Vs. Vithoba Jogu Hagir

Court : Mumbai

Decided on : Aug-23-1951

Subject : Tenancy

Acts : Tenancy Laws; Bombay Tenancy Act, 1946 - Sections 4, 4(1) and 5(2); Bombay Land Revenue Code - Sections 84; Small Holders Act

Reported in : AIR1952Bom274; (1952)54BOMLR236

Advocate for Appellant : K.B. Sukhtankar, Adv.

Vyas, J. [1] This second appeal arises out of a decision of the Assistant Judge, Satara, by which he allowed au appeal of the original defendant, against whom a decree for possession was passed by the...

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Dec 16 1949

Jainabbibi Vs. Shankar Sakharam

Court : Mumbai

Decided on : Dec-16-1949

Subject : PropertyCivil

Acts : Limitation Act, 1908 - Sections 19

Reported in : AIR1951Bom255; (1950)52BOMLR858; ILR1951Bom57

Advocate for Appellant : H.C. Coyajee and ;K.B. Sukhtankar, Advs.

Weston, J. 1. This is a plaintiff's appeal from the dismissal of his suit by the Joint Civil Judge, Senior Division, Thana. The suit was to recover an amount of Rs. 18,000 claimed due on two...

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Jul 12 1954

Lomeshprasad Hariprasad Desai Vs. State of Bombay and anr.

Court : Mumbai

Decided on : Jul-12-1954

Subject : Election

Acts : Bombay Municipal Boroughs Act, 1925 - Sections 11(1), 12, 12(2), 12(4) and 12(5); ;Code of Civil Procedure (CPC), 1908 - Order 3, Rules 4 and 4(2)

Reported in : AIR1955Bom159; (1954)56BOMLR1107; ILR1955Bom146

Advocate for Appellant : K.B. Sukhtankar, Adv.

Chagla, C.J.1. The election for councillors to the Baroda Borough Municipality was held on 17-2-1954. The nominations for this election had to be filed by 19-1-1954. Opponent No. 2 filed his nomination on that day. The...

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Dec 03 1953

Govind Krishna and ors. Vs. Malhar Narsingrao Nadgu

Court : Mumbai

Decided on : Dec-03-1953

Subject : Limitation

Acts : Limitation Act, 1908 - Schedule - Articles 179, 182 and 182(5); Code of Civil Procedure (CPC), 1908 - Sections 73 - Order 21, Rules 11, 11(2), 12, 13, 14, 16 and 17 - Order 30, Rule 9 - Order 34, Rule 6; Dekkhan Agriculturists Relief Act - Sections 47

Reported in : AIR1954Bom410; (1954)56BOMLR485; ILR1954Bom897

Advocate for Appellant : K.B. Sukhtankar, Adv. for ;D.R. Manerikar, Adv.

Gajendragadkar, J.1. This appeal has been referred to a Division Bench by Mr. Justice Shah because it raises apoint of limitation on which there is apparently a conflict in the reported decisions of this Court. The...

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Apr 10 1953

Digambar Gopal Vs. Vithoba Jogu

Court : Mumbai

Decided on : Apr-10-1953

Subject : Tenancy

Acts : Bombay Tenancy Act, 1939 - Sections 2(A), 3, 4, 4(1) and 5(2); Tenancy Law; Code of Civil Procedure (CPC), 1908

Reported in : AIR1954Bom450; (1954)56BOMLR385; ILR1954Bom671

Advocate for Appellant : K.B. Sukhtankar, Adv.

Bavdekar, J.1. This is a Letters Patent Appeal arising from a judgment in a suit for ejectment.2. It appears from the evidence that the appellant plaintiff terminated the contractual tenancy by a notice given to the...

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Jan 17 1956

Vishwanath Vithoba Vs. Genu Kisan and ors.

Court : Mumbai

Decided on : Jan-17-1956

Subject : Family

Acts : Evidence Act, 1872 - Sections 65 and 66; Limitation Act, 1908 - Schedule - Article 144

Reported in : AIR1956Bom555

Advocate for Appellant : K.B. Sukhtankar and ;P.G. Kher, Advs.

Chainani, J. This is an appeal by defendants 1 and 2. The parties are related to each other as shown In the following pedigree: RAMJI GHOLAP | --------------------------------------------------------- | | | | Gyanuji Vithoba Bhausaheb Maruti...

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Feb 28 1956

State Vs. Atmaram Vaikunth Bhende

Court : Mumbai

Decided on : Feb-28-1956

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 477A; Code of Criminal Procedure (CrPC) , 1898 - Sections 32 and 423

Reported in : AIR1956Bom671; 1956CriLJ1195

Advocate for Appellant : K.B. Sukhtankar, Adv.

Chainani, J.1. In this case, the accused has been convicted under Section 477-A, Indian Penal Code, on three charges and sentenced to two months' rigorous imprisonment and a fine of Rs. 1000/- or in default to...

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