Mumbai Court July 1949 Judgments
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Shree Meenakshi Mills Limited Vs. the Provincial Textile Commissioner
Court: Mumbai
Decided on: Jul-13-1949
Reported in: (1950)52BOMLR12
Madhavan Nair, J.1. This is an appeal by special leave from a judgment and order of the High Court of Judicature at Madras in its civil appellate jurisdiction, dated April 23, 1946, which affirmed a judgment and order of the said High Court in its original civil jurisdiction, dated March 29, 1946.2. The appeal arises out of an application to the High Court of Madras made by the appellant, the Sree Meenakshi Mills, Limited, under Section 45 of the Specific Relief Act, 1877, against the respondent, the Provincial Textile Commissioner, Madras. It concerns the validity of certain seizures made by the respondent of yarn belonging to the appellant.3. The material provisions of Section 45 of the Specific Relief Act are as follows : 45. Any of the High Courts of Judicature at Fort William, Madras and Bombay, may make an order requiring any specific act to be done or forborne, within the local limits of its ordinary original civil jurisdiction, by any person holding a public offce, whether of a...
Emperor Vs. Khuma Arjun
Court: Mumbai
Decided on: Jul-12-1949
Reported in: AIR1950Bom75
Chainani, J.1. These are four appeals by the Government of Bombay. The accused in these four cases were prosecuted under Section 178 (3), Bombay Municipal Boroughs Act. The charge against them was that, in contravention of Sub-section (1) of Section 178, they had used certain lands for stabling cattle for the purpose of trading in milk without obtaining licenses from the Municipality. The sanction for the prosecution of these four accused was given by the standing committee of the Municipality. Under Section 68 (a), Bombay Municipal Boroughs Act, the Ahmedabad Municipality has made a rule No. 73 by which the sanitary committee has been declared to be the controlling and executive committee in all matters relating to the departments of public health, sanitation, conservancy and removal of nuisances. It was, therefore, contended before the learned Magistrate that sanction for the prosecution of the accused should have been given by the sanitary committee, and that the standing committee ...
Gangaram Nanhoosingh Vs. the Crown
Court: Mumbai
Decided on: Jul-07-1949
Reported in: AIR1950Bom9; 1950CriLJ244
ORDERHemeon Ag. C. J.1. The applicant Gangaram 16 years, was convicted Under Section 376, Penal Code by the Additional District Magistrate, Narsingpur, who ordered him to be detained in the Borstal Institute at Narsingpur for a period of 3 years; and his appeal was dismissed by the Additional Sessions Judge, Narsingpur. He has now come up in revision to this Court.2. The prosecution case was, briefly stated, as follows. At about sunset on 20th May 1918, Sukko (P.W. 3), a 7 year old girl, had with Moslem females of the village, via, Singhpur, Narsinghpurtahsil, gone to the river for the immersion of sahra and while they were preoccupied with that ceremony, the went to ease herself behind bushes in the vicinity. When she returned, the females had gone to their houses and she accordingly set out for homo alone. On the way, the applicant met her, lifted her up, took her to a pit in the bed of the river and raped her. He left her there unconscious and went away.3. When she regained her sens...
Raghunath Ganesh Thakar Vs. Vaman Vasudev Chitale
Court: Mumbai
Decided on: Jul-01-1949
Reported in: AIR1950Bom234; (1950)52BOMLR135
ORDERShah, J.1. This is a revisional application against the order of the Civil Judge, Senior Division, Poona, directing the plaintiff to pay the necessary court-fee on a plaint which was transferred to his Court under orders of this Court. The plaintiff filed suit No. 1920 of 1946 on the Original Side of this Court against the defendant, who is the opponent before me. The defendant filed is the Court of the Civil Judge (Senior Division), Poona, suit No. 820 of 1943 against the petitioner-plaintiff for a certain declaration and injunction. The defendant applied to this Court by application, being Civil Application No. 324 of 1947, for an order transfering the suit on the Original Side of this Court to the Poona Civil Judge's Court with a direction that that suit be heard with suit No. 820 of 1946. This Court by its order dated 27th November 1947, directed as follows:'We therefore make the rule absolute and direct that Suit No. 1920 of 1946 pending on the Original, Side of this Court be...
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