Mumbai Court November 1955 Judgments
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C.M. Brahmbhatt Vs. State of Bombay
Court: Mumbai
Decided on: Nov-23-1955
Reported in: AIR1956Bom351
ORDER1. This is a petition asking for a ruleand asking for certain writs in the nature of quashing certain orders made by the respondent in the following circumstances.2. The petitioner was an officer serving in the office of the Assistant Registrar of Moneylenders, Bombay and was promoted to officiate as Inspector of Money-lenders. Certain allegations were made against him and some other officers of the Department whereupon a disciplinary enquiry was held. After the enquiry was held an order was passed on 25-4-1955 dismissing the petitioner from service.He preferred an appeal which, was rejected on 14-9-1955. The petitioner says that the enquiry was held clearly in contravention of the Bombay Civil Service, Conduct, Discipline and Appeal Rules and also that the enquiry was entirely contrary to the principles of natural justice for which he relies upon the ground set out in para 29 of the petition.First that inspection of the books was denied to the petitioner before his answer to the ...
State Vs. D. Sequeira
Court: Mumbai
Decided on: Nov-23-1955
Reported in: AIR1956Bom414; 1956CriLJ721
Shah, J.1. The Sub-inspector of Police Nagpada police station obtained the permission of the Presidency Magistrate 2nd Additional Court, Bombay Central to investigate the commission of an ottence punishable under Section 33 (w) read with Section 131-A of Bombay Act 22 of 1951, viz. falling to obtain a Hcence to .keep a place of public entertainment at flat No. 11 on the 2nd floor of Mymmoon Manzil situated at Spence Road, Byculla. It appears that the sanction was given and thereafter the Sub-Inspector of Police Investigated into the commission of the offence. It may be mentioned that the breach of Section 33 (w) of Bombay Act 22 of 1851 is a non-cognisable offence. After the investigation was completed the Sub-Inspector sent a report to the Presidency Magistrate 2nd Additional Court, Bombay Central, Bombay stating that the respondent had failed to obtain a license from the Commissioner, of Police under Section 33 (w) of Bombay Act 22 of 1951 and had thereby committed an offence punisha...
In Re: Reference under Section 81 of the Employees' State Insurance Ac ...
Court: Mumbai
Decided on: Nov-23-1955
Reported in: (1956)58BOMLR328
M.C. Chagla, C.J.1. A rather interesting and important question arises under the Employees' State Insurance Act (XXXIV of 1948) as to the liability of the employer to pay special contribution on the compensation payable by the employer to his employees who have been laid-off under the provisions of the Industrial Disputes Act, 1947.2. The few facts which are necessary to be considered in order to dispose of this reference are that in the last quarter of 1953 the Nutan Mills became liable to pay compensation for lay-off in the sum of Rs. 1,312-15-0 and on this amount it paid to the Employees' State Insurance Corporation incorporated under the Act a sum of Rs. 9-13-6 as special contribution under Section 73A of the Employees' State Insurance Act. In the first quarter of 1954 the mills became liable to pay layoff compensation in the sum of Rs. 521-11-9 and on this amount it paid a sum of Rs. 3-15-0 as special contribution. On May 12, 1954, the mills called upon the Corporation to refund t...
Mathur Dhana Vs. State
Court: Mumbai
Decided on: Nov-23-1955
Reported in: AIR1956Bom393; 1956CriLJ715
Vyas, J. 1. The appellant Mathur Dhana who was originally accused 2 in Sessions Case No. 23 of 1955 has been convicted by the learned Sessions Judge-Panch Mahals at Godhra, of an offence under Section 201, Penal Code and has been sentenced to suffer five years' R.I.2. The charge against the appellant was that on or about 27-3-1955 at Kanod, a village in Lunawada Taluka in the District of Panch Mahals, he and certain other persons with whom we are not concerned in this appeal had, in furtherance of their common intention to commit a murder of Dhula Naran, committed the murder of the said Dhula Naran and had thereby committed an offence under Section 302 read with Section 34, Penal Code.An alternative charge was also framed against the appellant and that charge was that on the same date and in the same village the appellant and others, with whom we are not concerned in this appeal, knowing of having reason to believe that an offence of the murder of Dhula Naran which was punishable with ...
State Vs. Pandya Mangubhai
Court: Mumbai
Decided on: Nov-23-1955
Reported in: AIR1956Bom439; 1956CriLJ861
Vyas, J.1. This is an appeal by the State of Bombay from a judgment of the learned Sessions Judge, Katra, at Nadiad, acquitting the respondent Pandya Mangubhai alias Bapalal Shankerlal of en offence under Section 199, Penal Code read with Section 21, Special Marriage Act, with which offence the respondent was charged.The learned Judicial Magistrate, First Class, Balasinor at Dakor, who had tried the case originally, had convicted the respondent of an offence under Section 199, Penal Code read with Section 21, Special Marriage Act and had sentenced him to Buffer two weeks' simple imprisonment and to pay & fine of Rs. 500/- or in default to suffer further simple imprisonment for two months.But in appeal the learned Sessions Judge, Katra at Nadiad, reversed that order of conviction arid sentence and ordered the acquittal of the respondent. It is from this Judgment of the learned Sessions Judge that the State has come in appeal.2. The facts of the case which led to the prosecution of the r...
Gajanand Mahadev Vs. David Mills Ltd. and ors.
Court: Mumbai
Decided on: Nov-22-1955
Reported in: (1956)IILLJ149Bom
Chagla, C.J. 1. The petitioners are the employees of the respondent mills and they are employed in the watch and ward department. They filed an application before the labour court that they were being the dearness allowance on a certain basis from the 1942 to 1951, that in 1951 the mills suddenly reduced the dearness allowance paid to them without following the procedure laid down in S. 42(1) of the Bombay Industrial Relations Act and, therefore, they were guilty of an illegal change, and the relief they sought was that the mills should be compelled to set aside this change and to pay the dearness allowance as before. The labour court and industrial court accepted by the contention of the petitioners and granted them the relief which they sought. The Labour Appellate Tribunal has reversed the decision of the two lower tribunals and the petitioners have come before us under Art. 227 of the Constitution. 2. Now, what is urged by Mr. Vyas is that the only way in which a change could be ma...
Gajanan Mahadeo and ors. Vs. David Mills Ltd. and ors.
Court: Mumbai
Decided on: Nov-22-1955
Reported in: AIR1957Bom50; (1956)58BOMLR320; ILR1956Bom494
Chagla, C.J. 1. The petitioners arc the employees of the first respondent Mills and they are employed in the Watch and Ward Department. They filed an application before the Labour Court that they were being paid clearness allowance on a certain basis from 1942 to 1951, that in 1951 the Mills suddenly reduced the dearncss allowance paid to them without following the procedure laid down in Section 42(1) of the Bombay Industrial Relations Act, and, therefore, they were guilty of an illegal change and the relief they sought was that the Mills should be compelled to set aside this change and to pay the dearness allowance as before.The Labour Court and the industrial Court accepted the contention of the petitioners and granted (hem the relief which they sought. The Labour Appellate Tribunal has reversed the decision of the two lower tribunals and the petitioners have come before ns under Article 227 of the Constitution.2. Now, what is urged by Mr. Vyas is that the only way in which a change ...
Ramchandra Dattatraya Vs. Vaidhyachand Manikchand and ors.
Court: Mumbai
Decided on: Nov-22-1955
Reported in: AIR1956Bom647
1. This is a revisional application by the receiver in Insolvency and it has been preferred against the decree passed by the learned District Judge substantially reducing his claim against the Opponents. The Receiver in Insolvency claimed Rs. 3,400/- and odd by way of rent for the premises let out to the Opponents. This claim was resisted by the Opponents on several grounds.The learned trial Judge rejected all the grounds raised by the Opponents and passed a decree for the full amount claimed by the receiver. When the matter went in appeal, the lower appellate Court has accepted some of the arguments urged before him by the Opponents and has reduced the decretal claim to Rs. 847-6-9. It is this order which has given rise to the present revisional application.2. The whole of the dispute centres round two points. It is common ground that three premises were let out by the insolvent to the Opponents on 31-3-1948. They were a showroom, an open space and two rooms in the rear; and their mon...
Daneppa Satveerappa Vs. Malgonda Ananda
Court: Mumbai
Decided on: Nov-22-1955
Reported in: AIR1956Bom630; (1956)58BOMLR324; ILR1956Bom497
ORDER1. This revision application raises a short question under the B. A. D. R. Act which is not easy to decide, The question is in respect of the accounts that are required to be taken in the adjustment of debts. The relevant sections to which ray attention has been drawn in the course of hearing of this revisional application are Sections 22, 23, 31, 32 and 46. Broadly stated, the effect of Sections 22, 23, 31 and 32 is that accounts have to be taken in the manner prescribed by Section 22.The profits have to be determined in appropriate cases in the manner prescribed by Section 23 and the amounts due by the debtor to the creditor have to be scaled down in the manner laid down by Section 31, Sub-section (2). Section 32 then provides for the making of an award. While taking accounts under these relevant sections, the last date upto which accounts are taken is the date of the application.But it is obvious that some time is bound to elapse between the making of the application and the pa...
Girdharilal Mahadulal Agarwal Vs. Shah Nagji Acholdas
Court: Mumbai
Decided on: Nov-21-1955
Reported in: AIR1956Bom256
1. This is a revisional application by the defendant against the order passed by the learned Judge of the City Civil Court setting aside an ex parte decree passed against the petitioner on his depositing in Court a sum of Rs. 14,800/- within the time prescribed by the order. It appears that the petitioner has been sued by the opponents for price of goods supplied by the opponents as commission agents to the petitioner. The suit, was filed as a summary suit under Order 37. After the suit was filed, an application was made for the interim attachment of the petitioner's property in Dhulia, This application was ultimately dismissed on the ground tnat there was no justification for attaching the petitioner's immovable property pending the suit. Thereupon the petitioner was called upon to deposit Rs. 9,000/- in order to enable him to put in his defence. The deposit was not made by the petitioner, with the result that on 23-6-1955 an ex parte decree came to be passed. Thereafter the petitione...
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