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Jul 23 1968

Leela Dhundiraj Divekar Vs. E.C. Shinde and anr.

Court : Mumbai

Decided on : Jul-23-1968

Subject : PropertyCivil

Acts : Suits Valuation Act, 1887 - Sections 8 and 9; Registration Act, 1908 - Sections 72, 77 and 78; Code of Civil Procedure (CPC), 1908 - Sections 15; Bombay City Civil Court Act, 1948 - Sections 3; Transfer of Property Act, 1882 - Sections 8; Registration Act, 1877 - Sections 77; Limitation Act, 1877 - Sections 6 and 7; Code of Criminal Procedure (CrPC) , 1898 - Sections 417 and 417(3); Limitation Act, 1908 - Sections 5 and 29(2); Indian Stamp Act, 1899 - Schedule - Article 55

Reported in : AIR1970Bom109; (1969)71BOMLR305; 1969MhLJ487

1. This is a suit filed by one of the executants of a document under Section 77 of the Indian Registration Act, 1908, for a decree directing the Defendants, who are the appropriate registering authorities, to...

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Nov 19 1968

Vithalbhai T. Patel Vs. Shyamlal Durgadas Khanna

Court : Mumbai

Decided on : Nov-19-1968

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 148 - Order 37, Rules 3(4) and 4; Bombay City Civil Court Rules, 1948 - Rule 123; Limitation Act - Sections 5

Reported in : AIR1970Bom101; (1969)71BOMLR372; 1969MhLJ732

1. This is a revisional application on behalf of the original plaintiff from the order dated October 28, 1966, made on the Chamber summons dated October 17, 1966, whereby the City Civil Court directed that the...

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Jan 14 1969

Shankar Jayaram and anr. Vs. State of Maharashtra and anr.

Court : Mumbai

Decided on : Jan-14-1969

Subject : Service

Acts : States Reorganisation Act, 1956 - Sections 2, 8, 9, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, and 86; Constitution of India - Article 226; Constitution of India (Amendment) Act, 1963; Pension Rules

Reported in : AIR1970Bom117; (1970)72BOMLR258; ILR1971Bom150

Padhye, J.1. Original petitioners in this petition were two (1) Shankar Jayaram Ambedkar in his individual capacity and (2) Nagpur District Pensioners' Association, Nagpur, through its Honorary Secretary Mr. R. N. Gadre. After the petition was...

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Sep 13 1968

Jagpalsingh Sajjansingh Vs. Digamber Tulsiram and ors.

Court : Mumbai

Decided on : Sep-13-1968

Subject : Tenancy

Acts : Tenancy Law; Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - Sections 38, 38(7), 107, 107(2), 111, 111(1), 111(2) and 114; Bombay Tenancy and Agricultural Lands (Vidarbha Region) Bombay Revenue Tribunal Procedure Rules, 1959 - Rules 9, 9(1), 9(2), 9(4), 9(5), 9(7), 11, 11(6), 13, 25, 45 and 47(4); Constitution of India - Articles 226 and 227; Code of Civil Procedure (CPC), 1908; Limitation Act - Sections 5 and 12; Bombay Revenue Tribunals Act

Reported in : AIR1970Bom122; (1969)71BOMLR545; ILR1970Bom592; 1969MhLJ347

ORDER1. The petitioner, who is the landholder, invokes the jurisdiction of this Court under Article 227 of the Constitution, challenging an order of the Maharashtra Revenue Tribunal holding that his revision application against the order of...

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Apr 09 1969

Prabhudas Kalyanji Adhia Vs. State

Court : Mumbai

Decided on : Apr-09-1969

Subject : Criminal

Acts : Drugs and Cosmetics Act, 1940 - Sections 3 , 18 and 27

Reported in : AIR1970Bom134; (1969)71BOMLR470; 1970CriLJ455

1. The only question which arises in this appeal filed by Prabhudas Kalyanji Adhia against his conviction under Section 18(c) read with Section 27 of the Drugs and Cosmetics Act, 1940, for manufacturing, stocking and selling...

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Jul 24 1969

Dadarao Son of Kashiram and anr. Vs. State of Maharashtra and ors. Overruled

Court : Mumbai

Decided on : Jul-24-1969

Subject : Tenancy

Acts : Tenancy Law; Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 - Sections 3, 4, 4(1), 4(2), 7, 8, 9, 10, 10(2), 10(3), 12, 12(1), 12(2), 13, 13(1), 14, 15, 16, 17, 17(2), 18, 19, 20, 21, 21(1), 21(4), 45(2), 46, 46(3) and 53; Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahal, Alienated Lands) Act, 1950; Estate Duty Act, 1953 - Sections 5; Income-Tax Act, 1922 - Sections 23(4), 24B and 27; Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahal, Alienated Lands) (Amendment) Act, 1951

Reported in : AIR1970Bom144; (1970)72BOMLR246; ILR1970Bom540; 1969MhLJ813

Padhye, J. 1. The facts in the two cases slightly differ, but that does not make any difference in the legal position to be considered in these two cases and hence both these special civil applications...

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Sep 04 1968

Gitabai Vs. Dayaram Shankar and ors.

Court : Mumbai

Decided on : Sep-04-1968

Subject : Tenancy

Acts : Code of Civil Procedure (CPC), 1908 - Sections 111 and 115 - Order 13, Rule 9; Evidence Act, 1872 - Sections 18, 91 and 92; Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - Sections 6, 7 and 120; Constitution of India - Ariticles 226 and 227; Berar Regulation of Agricultural Leases Act

Reported in : AIR1970Bom160; (1970)72BOMLR32; ILR1970Bom572; 1969MhLJ838

ORDER1. This is a landlord's petition under Article 227 of the Constitution. Dayaram, respondent No. 1, filed an application on 21-5-1963 before the Agricultural Lands Tribunal requesting that he should bedeclared a tenure-holder and purchaser of...

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Feb 19 1969

Ramchand Maroti Mandwale Vs. Malkapur Municipal Council, Malkapur and ...

Court : Mumbai

Decided on : Feb-19-1969

Subject : Constitution

Acts : Constitution of India - Ariticles 45, 226, 227, 246, 265 and 276(2); Maharashtra Education (Cess) Act, 1962 - Sections 3, 4, 5(1), 6, 9(1), 9(2) and 9(3); Maharashtra Municipalities Act, 1965

Reported in : AIR1970Bom154; (1970)72BOMLR240; ILR1971Bom165; 1969MhLJ540

Padhye, J.1. By this petition under Articles 226 and 227 of the Constitution, the petitioner seeks to challenge the demand notice dated 21st January 1967 as being illegal and prays for a writ of prohibition to...

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Feb 26 1969

Jagdishprasad Kashiprasad and ors. Vs. the State of Maharashtra and an ...

Court : Mumbai

Decided on : Feb-26-1969

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 3 and 114; Code of Criminal Procedure (CrPC) , 1898 - Sections 147, 149 and 367; Indian Penal Code (IPC), 1860 - Sections 325

Reported in : AIR1970Bom166; (1969)71BOMLR536; 1970CriLJ660; ILR1969Bom1191; 1969MhLJ433

1. This is an appeal filed by four of the original seven accused persons against their conviction by the Judicial Magistrate, First Class, Khamgaon, which was confirmed by the Additional Sessions Judge, Khamgaon, on appeal. 2....

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Sep 09 1968

Waman Suryabhan and ors. Vs. Maharashtra Revenue Tribunal, Nagpur and ...

Court : Mumbai

Decided on : Sep-09-1968

Subject : TenancyLimitation

Acts : Tenancy Law; Bombay Vidarbha Region Agricultural Tenants (Protection from Eviction and Amendment of Tenancy Laws) Act, 1958 - Sections 5(1), 36 and 36(2); Berar Regulation of Agriculatural Leases Act, 1951 - Sections 8(1), 9(1) and 9(3); Transfer of Property Act, 1882 - Sections 111, 112 and 113; Constitution of India - Article 227; Bombay Vidarbha Region Agricultural Tenants (Protection from Eviction and Amendment of Tenancy Laws) Ordinance, 1957 - Sections 3 and 4; Bombay Vidarbha Region Agricultural Tenants (Protection from Eviction and Amendment of Tenancy Laws) Act, 1957 - Sections 3, 4 and 5

Reported in : AIR1970Bom167; (1969)71BOMLR553; ILR1970Bom438; 1969MhLJ375

1. This is a tenants' petition under Article 227 of the Constitution challenging an order of the Maharashtra Revenue Tribunal holding that the respondents Nos, 3 and 4 were entitled to restoration of possession of two...

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