Mumbai Court April 1948 Judgments
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Mahomed YasIn Nurie Vs. Shripat Amrit Dange
Court: Mumbai
Decided on: Apr-07-1948
Reported in: AIR1949Bom19; (1948)50BOMLR471
M.C. Chagla, C.J.1. This is an appeal from a judgment of Bhagwati J. by which he directed a writ of certiorari to issue against the Election Tribunal appointed by the Government of Bombay. There was an election for the seat allotted to the Bombay City and Suburban Textile Unions Constituency in the Bombay Legislative Assembly and the election was held in 1946. As a result of that election Mr. Dange was declared successful. Mr. Nurie then presented an election petition to His Excellency the Governor against the said election praying that it may be declared that he, the said Mr. Nurie, had been duly elected a member of the Bombay Legislative Assembly from that constituency and not Mr. Dange. On that petition being presented the Government of Bombay issued a notification dated July 8, 1946,' by which they appointed Sir H.V. Divatia, Mr. D.V. Vyas and Mr. M.S. Noronha Commissioners, with Sir H.V. Divatia as the President of the Tribunal, for the trial of that petition, and it is the validi...
Anwari Begum Gulzarkhan Vs. Commissioner of Police
Court: Mumbai
Decided on: Apr-07-1948
Reported in: AIR1949Bom82; (1948)50BOMLR593
Bhagwati, J.1. This is a petition filed by the wife of the detenu asking that the detenu should be released. The detenu was arrested at 7 p.m. on March 9, 1948, and the detention order was served on him at 10 a.m. on March 11, 1948, together with a notice under Section 3 of the Bombay Public Security Measures Act, 1947, specifying the grounds and particulars of his detention.2. It has been contended by counsel for the petitioner that the grounds are vague and outside the ambit of the Act, with the result that the detention order is bad in law. He has analysed the grounds into five specific grounds, viz. (1) that the detenu is a known mawali of Falkland Road locality, (2) that he is a trafficker in opium, (3) that there are a number of mawalis under him, (4) that he extorts money from prostitutes and (5) that he is also responsible for stabbing cases on Falkland Road. He has contended that grounds Nos. 1 and 3 that he is a known mawali and that there are a number of mawalis under him ar...
Beli Ram and Brothers Vs. Chaudri Mohammad Afzal
Court: Mumbai
Decided on: Apr-07-1948
Reported in: (1948)50BOMLR674
John Beaumont, J.1. This is an appeal from a judgment and decree of the High Court of Judicature at Lahore dated January 29, 1945, which reversed a judgment and decree of the Court of the Senior Subordinate Judge, Lahore, dated January 81, 1942.2. The question in the appeal relates to the validity of a deed of wakf, or wakfnama, executed on October 29, 1917, by Ghulam Rasul. The respondents 1-4, the plaintiffs in the suit out of which this appeal arises, are descendants of the wakif and claim a declaration that the wakf is valid and that alienations of the wakf property made by the wakif, and after his death by his sons, are null and void. The appellants, defendants in the suit, claim under such alienations or some of them. The questions which arise for decision are:1. Whether the present suit is barred by res judicata under Section 11 of the Code of Civil Procedure, 1908?2. If not, whether the deed of wakf of October 29, 1917, was an effective dedication of the property comprised ther...
Ramesh Ramanlal Saraiya Vs. Kusum Madgaokar
Court: Mumbai
Decided on: Apr-06-1948
Reported in: AIR1949Bom1; (1948)50BOMLR426
M.C. Chagla, C.J.1. This is an appeal from an order of Mr. Justice Coyajee. The respondent, who is the wife, filed a petition against her husband for a declaration that the marriage between them was null and void on the ground of the impotency of her husband. The husband filed a counter petition also praying for a decree of nullity on the ground that the wife suffered from impotency. Mr. Justice Coyajee decreed the wife's petition and gave her a decree for nullity of marriage. The petition of the husband was dismissed. Having granted the decree Mr. Justice Coyajee proceeded to pass the order which is the subject of this appeal, viz. to order an inquiry for the purpose of fixing the amount of permanent alimony which should be given to the wife. It was contended before Mr. Justice Coyajee that the Court had no jurisdiction to grant permanent alimony to the wife in a case where a decree for nullity was passed. Mr. Justice Coyajee rejected that contention and held that the Court had jurisd...
Kavasji Pestonji Dalal Vs. Rustomji Sorabji Jamadar
Court: Mumbai
Decided on: Apr-06-1948
Reported in: AIR1949Bom42; (1948)50BOMLR450
M.C. Chagla, C.J.1. This is a suit filed by the plaintiff to eject his tenant. The defendant has pleaded the protection of the Rent Restriction Act. At the hearing; of the suit before Mr. Justice Desai attention was drawn to the relevant provisions. of Bombay Act LVII of 1947 under which all pending suits relating to recovery or fixing of rent or possession of premises to which that Act applied had to be transferred to and continued before the Court of Small Causes, Bombay. It was then contended both by the plaintiff and the defendant that Sections 28, 29 and 50 of that Act were ultra vires of the Provincial Legislature and were also repugnant to existing law and void and of no effect. Mr. Justice Desai directed that the plaint should be amended to make the necessary averments and that the Province of Bombay should be made a party to the suit. Consequently the plaint was amended and para, 2-A was added, containing the relevant averments and the Province of Bombay was made a party defen...
Gouri Dutt Maharaj Vs. Sheikh Sukur Mohammed
Court: Mumbai
Decided on: Apr-06-1948
Reported in: (1948)50BOMLR657
MacDermott, J.1. This appeal is from a judgment and decree of the High Court at Fort William in Bengal (Mukherjea and Pal JJ.) dated August 27, 1942, which substantially varied the judgment and decree, dated November 24, 1939, of the Court of the Subordinate Judge at Asansol in a mortgage suit brought by the present appellant as mortgagee.2. The facts material to the issues now calling for determination may be stated as follows.3. On November 15, 1931, Sheikh Sukur Mohammed, the first named respondent (hereinafter called the mortgagor), obtained a lease of some three-fifths of an acre in the town of Asansol for three years at a rent of Rs. 12 per month and with a right of renewal. The mortgagor proceeded to construct a cinema on this plot and, falling short of funds, took into partnership Oscar Gerald Birt and Pramatha Nath Mukherjee (hereinafter called the new partners) who were, it appears, the predecessors-in-title of the respondents other than the mortgagor. This transaction was ef...
Durga Prasad Vs. Ghanshiam Das
Court: Mumbai
Decided on: Apr-06-1948
Reported in: (1948)50BOMLR669
Simonds, J.1. These consolidated appeals from a judgment and decree on the High Court of Judicature at Allahabad, which varied a judgment and decree of the Subordinate Judge at Aligarh, have involved the close scrutiny of a large number of documents covering a long period of years. In this task their Lordships have been greatly assisted by the diligent researches of counsel for the appellants, but after a careful consideration of all the material before them they have come to the conclusion that no sufficient reason has been shown for displacing the judgment of the High Court.2. The appeals raise the question in broadest outline whether there has been a separation of an undivided Hindu family of which the common ancestor was one Bhawani Das, who died very many years ago. The family and the parties to the suit out of which these appeals arise can be conveniently seen in the following pedigree: Bhiwani Das. ______________________________:_________________________________ : : : : : Girdh...
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