Mumbai Court July 1955 Judgments
Venkatlal Govindlal Vs. Juggilal Kamalapat Hosiery Factory
Court: Mumbai
Decided on: Jul-29-1955
Reported in: AIR1956Bom93; (1955)57BOMLR1015; ILR1955Bom1059
Chagla, C.J.1. This is an, appeal by an Insolvent who was adjudicated as such by Mr. Justice Desai, and the few facts which are to be appreciated in order to understand the contention put forward by Mr. Bhabha are these. An 'ex parte' decree was passed against, the appellant in favour of the respondents on 12-7-1952. On 10-3-1954, the respondents took out an insolvency notice which was founded on this judgment debt. On 5-5-1954, the appellant took out a notice of motion to set aside the insolvency notice. That motion was dismissed by the Insolvency Judge on 8-12-1954. The appellant preferred an appeal to this Court on 10-12-1954, and that appeal was dismissed on 18-3-1955. On 28-3-1955, the respondents presented a petition for adjudicating the appellant insolvent and this petition was founded on the act of insolvency committed by the appellant in not complying with the insolvency notice. On this petition the learned Judge made the order of adjudication on 19-7-1955, and that is the ord...
Tag this Judgment!Bharumal Udhomal and ors. Vs. Sakhawatmal Veshomal and ors.
Court: Mumbai
Decided on: Jul-27-1955
Reported in: AIR1956Bom111
1. The plaintiffs, filed this suit from which this appeal arises to recover a sum of Rs. 4,700 which they alleged they had lent and advanced to the defendants. The learned Principal Judge who tried this suit held on merits in favour of the plaintiffs. He held that the loan had been proved and that the defendants were liable to repay that amount But he non-suited the plaintiffs on the ground that the City Civil Court in Bombay had no jurisdiction to try the suit and therefore he ordered that the plaint should be returned to the plaintiffs to be presented to the proper Court. 2. in this appeal the only point that lias been Rrgueu has been one of jurisdiction. The defendants have not appeared. The question of jurisdiction arises on these facts. The plaintiffs and defendants are displaced persons from Pakistan and the Joan was advanced by the plaintiffs to the defendants in Pakistan. At the date when the suit was filed, the plaintiffs were residing in Greater Bombay and the defendants were...
Tag this Judgment!JaIn Stores of Bombay Vs. the State of Bombay
Court: Sales Tax Tribunal STT Mumbai
Decided on: Jul-26-1955
Reported in: 19567STC415Tribunal
1. This is an application for revision of an order of the Collector of Sales Tax refusing to condone the delay in filing a revision application before him, and accordingly dismissing the said revision application on the ground of limitation. The rivision application filed before the Collector of Sales Tax was dated the 26th July, 1954, the order which the applicants sought to get revised by him dated the 29th January, 1954. Before making the order the Collector asked the applicants why the application should not be rejected as time-barred, and he found that the reply given, viz., that the delay might have been in the Assistant Collector's sending to the applicants the order dismissing the appeal before him, was not in accordance with the facts.We see no reason to interfere in this case.2. Shri Shroff has contended that at one stage the Additional Collector of Sales Tax had required the applicants to pay Rs. 400 before 10th September, 1954, "for admission of the revision application", ...
Tag this Judgment!Trambaklal Ratilal Vs. the State of Bombay
Court: Sales Tax Tribunal STT Mumbai
Decided on: Jul-25-1955
Reported in: 19567STC258Tribunal
1. In this case the applicants made an application to the Collector of Sales Tax under Clause (d) of Section 27 of the Bombay Sales Tax Act of 1953 in respect of a transaction of sale of a certain kind of cloth which is used for the purpose of book binding. The Assistant Collector of Sales Tax held that the cloth, which originally had belonged to the "medium variety" as mentioned in entry 11 of Schedule B to the Act and had subsequently been subjected to the processes of bleaching, dyeing and starching, still remained in the category of medium cloth. The Collector of Sales Tax disagreed with this view. He observed as follows : "The book binding cloth of the sample submitted for my inspection is no doubt derived from medium cloth which before the processing to which it has subsequently been subjected originally fell under entry 11 of Schedule B. Nevertheless, it no longer falls under that entry. It has gone through very considerable alteration even though the process whereby this alter...
Tag this Judgment!Taraben Baldevdas Parikh Vs. Charity Commissioner, Greater Bombay Regi ...
Court: Mumbai
Decided on: Jul-25-1955
Reported in: AIR1957Bom42; (1955)57BOMLR1069
Shah, J.1. The petitioner Taraben Baldevdas Parikh filed civil suit No. 63 of 1953 in the Court of the Civil Judge Junior Division at Kapadvanj, District Kaira, against Amratlal Lallubhai Ramlal Jagmohandas, Jayantilal Nanalal, Manilal Bapalal, Mohanlal Bapulal and Shantilal Maganlal for a declaration that she was the real owner of an amount of Rs. 20,000/-which were lying in deposit with Ramanlal Jagmohandas and Jayantilal Nanalal (whom I will hereafter refer to as respondents Nos. 3 and 4) and no one else had any right, title and interest in that amount. Respondents Nos. 3 and 4 were served with the summons of the suit. Thereafter they submitted an application under Section 19 of the Bombay Public Trusts Act, 1950 before the Deputy Charity Commissioner, Greater Bombay Region, for registration of trust alleged to have been created by one Bai Parsan in respect of the amount of Rs. 20,000/-lying in deposit with them, and also in respect of a further sum of Rs. 4,000/-. Respondents Nos. ...
Tag this Judgment!A.D. Divekar Vs. Dinesh Mills Ltd. and ors.
Court: Mumbai
Decided on: Jul-25-1955
Reported in: (1955)IILLJ501Bom
Bavdekar, J.1. This is an application under Articles 226 and 227 of the Constitution, which arises out of an application made by the district labour officer and inspector under the Payment of Wages Act to the authority under the Payment of Wages Act at Baroda in respect of compensation payable to 450 workmen and 20 clerks of opponent 2, Sri Dinesh Mills, Ltd. whose services were terminated by the mill on the ground that the mill was being closed. It was the contention of the inspector that there was payable to the employees of the mill, under the provisions of Section 25F, Clause (b), of the Industrial Disputes Act, retrenchment compensation was 'wages' within the meaning of that term as defined in the Payment of Wages Act. The mill has failed to pay this amount, and consequently there was either deduction of wages or delay in payment of wages, upon which he was entitled to make an application to the authority under the Payment of Wages Act under Section 15 of that Act.2. The applicati...
Tag this Judgment!Zenith Colour Trading Co. Vs. Taherally Esufally Rangwala
Court: Mumbai
Decided on: Jul-25-1955
Reported in: (1956)58BOMLR912
Tendolkar, J.1. This is a petition for rectification of the register of Trade Marks by entering in entry No. 80747 the disclaimer of the device of a cow and the word'cow' and its equivalents in Indian regional languages. The respondents deal in colours and dyes, and on June 12, 1943, they registered a trade mark consisting of a label, one feature of which is a cow. That registration is under No. 80747. The petitioners allege that in respect of colours and dyes manufactured by them they also used a label, the principal feature of which is a cow. They further allege that at the date of the respondents' application for registration there were current in the trade of colours and dyes several names, one of the principal features of which was a cow, and, therefore, the device of a cow was then common to the said trade, and lastly they allege that if the device of a cow is held not to have been common to the trade at the date of the application for registration, such device became common by r...
Tag this Judgment!Asaram Bapu Waghmode and anr. Vs. Bhanudas Dhondiba Patil and ors.
Court: Mumbai
Decided on: Jul-22-1955
Reported in: AIR1956Bom687; (1956)58BOMLR95
1. The appellants in this appeal are original defendants and the appeal has arisen out of a judgment and decree passed by the learned Assistant Judge at Ahmednagar in appeal No. 431 of 1951 which arose out of suit No. 32 of 1950 filed in the Court of the Civil Judge, J.D. at Newasa. 2. A few facts leading upto this litigation may be stated. The Plaintiffs of the present suit are minors and the suit has been filed by them through their guardian, their father. It is a suit for a declaration that the sale-deed in respect of survey Number 70/2 which was passed by the lather of the plaintiffs on 22-12-1947 is void as it would be hit by the provisions of Section 40, B.A.D.R. Act and for possession of Section No. 70/2; or, in the alternative, the prayer made by the plaintiffs is that they should be granted a declaration that the abovementioned sale deed is not binding upon them as the transaction was entered into for immoral purposes and as there was no legal necessity for it. In the suit the...
Tag this Judgment!Municipality of Anand Vs. State of Bombay and anr.
Court: Mumbai
Decided on: Jul-19-1955
Reported in: AIR1956Bom368; (1955)57BOMLR1088
ORDERBavdekar, J.1. The petitioner -- the Municipality of Anand -- being desirous of levying an octroi upon goods imported for consumption within the municipal limits of the town of Anand obtained approval of the Government to the imposition of Octroi and imposed octroi with effect from 1-1-1955.One of the articles upon which it was imposed was milk and the octroi imposed was 4 annas per maund. Some of the milk is milk brought within the municipal limits by societies which supply it to respondent 2 Union, who processes it and subsequently supplies it to the Government of Bombay for being sold in Bombay.Sometime after the imposition it appears that the Milk Commissioner, Bombay as well as respondent 2 Union raised a contention before the Municipality with regard to the milk being property of Government inasmuch as respondent 2 Union was collecting it merely as its agent.The Director of Local Authorities, Northern Division, Ahmedabad, also raised a Question as towhether the Municipality ...
Tag this Judgment!Habib Suleman and anr. Vs. the State
Court: Mumbai
Decided on: Jul-13-1955
Reported in: AIR1956Bom450; (1955)57BOMLR1060; 1956CriLJ867
Chainani, J.1. This is an appeal by accused 1 and 6 against, their convictions under Section 304, Part I, Penal Code for causing the death of Hyderali Nur Mahomed.2. The prosecution story briefly is that there is a long standing enmity between witnesses Fare-mahomed & Gulammahomed, who are the cousins of the deceased Hyderali, and accused 1 and his father. Accused 6 is the maternal uncle of accused 1. This enmity has resulted in several cases of assault and there have been several criminal cases between the parties.About two years ago accused 1 was convicted for stabbing Fatemahomed. Fatemahomed and Gutaminahomed were subsequently convicted for assaulting accused 1 s father. Proceedings for taking security for keeping good, behaviour were also instituted against both the parties.3. On 1-11-1954 at about 3-45 P. M Fatte Mahomed and Gulam Mahomed were returning to their room. The two appellants along with some other persons were then sitting in the room of accused 2. They came out of the...
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