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Mumbai Court September 1949 Judgments

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Sep 05 1949

Mahomed Akbar Abdulla Fazalbhoy Vs. the Official Liquidator

Court: Mumbai

Decided on: Sep-05-1949

Reported in: AIR1950Bom217; (1950)52BOMLR40

Chagla, C.J.1. This is an appeal from an order of Tendolkar J. dismissing a summons taken out by the appellant. The summons was for altering the list 'A' of contributories by excluding the name of the applicant therefrom in respect of 876 shares of the A. B. C. company and by substituting therein for the name of the applicant-appellant the name of Casamalli Munjee in respect of 676 shares and the name of Dr. Jivraj N. Mehta in respect of 200 shares and also for altering the list 'B' of the contributories of the company by excluding the name of the appellant in respect of 15 shares of the company shown therein and by substituting therein for the name of the appellant the name of Gasamalli Munjee.2. The appellant was a director of the Associated Banking Corporation, Ltd., which is now in liquidation, and he applied for and was allotted 1000 shares of the company on 18th August 1942. He had one more share, being the signatory to the memorandum of association and that share was given to hi...


Sep 01 1949

Shanwar Manu Koli Vs. Emperor

Court: Mumbai

Decided on: Sep-01-1949

Reported in: AIR1950Bom267; (1950)52BOMLR38

Chagla, C.J.1. This is an appeal from an order passed by the learned Presidency Magistrate, 15th Court, convicting the accused under Section 43 (1) (a) and (b), Bombay Abkari Act, 1878, and sentencing him, under Clause (a), to a fine of Rs. 500 in default rigorous imprisonment for six weeks, and under Clause (b), to rigorous imprisonment for one month.2. The case for the prosecution was that Sub-Inspector Chavan received information on 29th June 1948, about a still being worked in one of the islands in the Dharavi Creek. Thereupon he along with a police constable went there and he found the accused actually attending to a working still. He was arrested and charged as stated above. In support of the prosecution case, Sub-Inspector Chavan gave evidence and also the police constable who had accompanied him, and both these witnesses were clear in their evidence that the accused was actually seen changing water from the condenser of the still. The defence of the accused was that he along wi...


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