Mumbai Court November 1958 Judgments
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Krishnaprasad Jwaladutt Pilani Vs. Colaba Land and Mills Co. Ltd.
Court: Mumbai
Decided on: Nov-20-1958
Reported in: AIR1960Bom312; [1959]29CompCas273(Bom)
S.T. Desai, J.1. A question of considerable importance and some interest arises on this application under the new Companies Act of 1956 and the question relates to the tenure of office of what are usually described as directors elected at annual general meetings of companies. Section 166 of the new Companies Act lays down that the first annual general meeting shall be held by a company within eighteen months of its incorporation. It also lays down that the next annual general meeting of the company shall be held by it within nine months after the expiry of the financial year in which the first annual general meeting was held; and thereafter an annual general meeting shall be held by company within nine months after the expiry of each financial year. Stripped of details the pervasion for years subsequent to the first annual general meeting is that a company shall call its annual general meeting within nine months after the expiry of its financial year. That provision is mandatory. It is...
Krishnaprasad Jwaladutt Pilani Vs. Colaba Land and Mills Co. Ltd. and ...
Court: Mumbai
Decided on: Nov-20-1958
Reported in: (1959)61BOMLR636
S.T. Desai, J.(1) A question of considerable importance and some interest arises on this application under the new Companies Act of 1956 and the question relates to the tenure of office of what are usually described as directors elected at annual general meetings of companies. Section 166 of the new Companies Act lays down that the first annual general meeting shall be held by a company within eighteen months of its incorporation. It also lays down that the next annual general meeting of the company shall be held by it within nine months after the expiry of the financial year in which the first annual general meeting was held; and thereafter an annual general meeting shall be held by the company within nine months after the expiry of each financial year. Stripped of details, the provision for years subsequent to the first annual general meeting is that a company shall call its annual general meeting within nine months after the expiry of its financial year. That provision is mandator. ...
National Union of Commercial Employees and anr. Vs. Meher M.R. and ors ...
Court: Mumbai
Decided on: Nov-20-1958
Reported in: (1959)61BOMLR642; (1959)IILLJ38Bom
Chainani, Ag. C.J. 1. Respondents 2, 3 and 4 were partners in a firm of solicitors, Pereira Fazalbhoy and Company. Originally there were three partners, Pereira, Amin and Fazalbhoy. A partnership deed between them was executed on 14 January, 1929. This partnership came to an end in November 1935 when Mr. Amin retired from the partnership. A new deed of partnership was then executed between Pereira and Fazalbhoy, respondents 2 and 3. They carried on the practice of solicitors in the name of Pereira Fazalbhoy and Company. This partnership was dissolved on 31 March, 1946. From 1 April 1946, there were three partners, Pereira, Fazalbhoy and Desai, respondents 2, 3 and 4. They carried on their practice as solicitors in the name of Pereira Fazalbhoy and Company, until 15 November, 1957, when the firm was dissolved. Petitioner 2 was employed as an assistant accountant in this firm. Petitioner 1 is a trade union and some of its members were the employees in the firm of Pereira Fazalbhoy and Co...
W.W. Joshi and ors. Vs. State of Bombay and ors.
Court: Mumbai
Decided on: Nov-19-1958
Reported in: AIR1959Bom363; (1959)61BOMLR829; ILR1959Bom1267
Tambe, J. 1. An important question of law arises out of a preliminary objection raised in behalf of the State of Bombay. The preliminary objection raised relates to the maintainability of the petition against the present State of Bombay. This decision will govern the preliminary objection raise din three cases, viz,., Misc. Petn. No. 523/56, Miscellaneous Petition No. 470/56 and Special Civil Application No. 73 of 1957. The consideration of this question turns of the interpretation of Sections 87, 88 and 116 of the States Reorganisation Act, 1956 Act 37 of 1956 hereinafter called the Act.2. The case in general that falls for our consideration is that the petitioners before us were in the service of he former State of Madhya Pradesh. Their services were terminated by the orders, of the Government of the then State of Madhya Pradesh prior to the date the Act came into force. Two of the petitioner were serving on the date of termination of their services in the territories which now form ...
Joshi W.W. Vs. State of Bombay
Court: Mumbai
Decided on: Nov-19-1958
Reported in: (1959)IILLJ485Bom
Tambe, J.1. An important question of law arises out of a preliminary objection raised on behalf of the State of Bombay. The preliminary objection raised relates to the maintainability of the petition against the present State of Bombay. This decision will govern the preliminary objection raised in three cases, viz., Miscellaneous Petition No. 523 of 1956, Miscellaneous Petition No. 470 of 1956 and Special Civil Application No. 73 of 1957. The consideration of this question turns on the interpretation of Ss. 87, 88 and 116 of the State Reorganization Act, 1956, Act XXXVII of 1956, hereinafter called the Act. 2. The case in general that falls for our consideration is that petitioners before us were the services of the former State of Madhya Pradesh. Their services were terminated by the orders of the Government of the then State of Madhya Pradesh prior to the date the Act came into force. Two of the petitioners were serving on the date of termination of their service in the territories w...
Mohanlal Chandulal Agarwal Vs. Janu Dasraji
Court: Mumbai
Decided on: Nov-18-1958
Reported in: (1959)61BOMLR633
Tarkunde, J.1. The petitioner is a landholder of two agricultural lands. In the year 1951-52, during which the Berar Regulation of Agricultural Leases Act, 1951 (XXIV of 1951) came into force, the two lands were in the possession of respondent No. 1 as a tenant. The rent agreed for the year was Rs. 150. By virtue of Section 3 of that Act, respondent No. 1 became a protected lessee. Another result of that section was that his lease was deemed to be for a period of five years from the year 1951-52 and by a subsequent amendment that period was extended to seven years. In the year 1954 the petitioner applied under Section 10(2) of the Act to the Sub-Divisional Officer for the determination of reasonable lease-money for the lands, alleging that the agreed rent was very low and that there was an understanding between him and the tenant that the rent was to be increased as the lands improved during the course of tillage. The Sub-Divisional Officer heard the parties and fixed the reasonable le...
Vallabhdas Narayandas Vs. Municipal Committee of Akola
Court: Mumbai
Decided on: Nov-18-1958
Reported in: (1959)61BOMLR784
Tambe, J.1. By this petition under Articles 226 and 227 of the Constitution of India, three inhabitants of the Akola town challenge the validity of the imposition of the octroi tax. Petitioners Nos. 1 and 2 are cloth merchants and petitioner No. 3 is an ordinary resident of Akola.2. Section 66 of the C.P. and Berar Municipalities Act, 1922, Act No. II of 1922, hereinafter called the Act, empowers a municipal committee to impose certain taxes mentioned therein. The imposition, however, is to be subject to the provisions of other sections contained in Chapter IX which relates to the imposition, assessment and collection of taxes. We are here concerned with Clause (e) of Sub-section (1) of Section 66. Under that clause, a municipal committee is empowered to impose an octroi tax on animals or goods brought within the limits of the municipality for sale, consumption or use within those limits. Sub-section (1) of Section 67 provides that a committee may, at a special meeting, pass a resoluti...
M.F. De Souza Vs. Childrens Education Uplift Society
Court: Mumbai
Decided on: Nov-17-1958
Reported in: AIR1959Bom533; (1959)61BOMLR750; ILR1959Bom1127
Mudholkar, J. 1. This is a defendant's application for revision of a judgment of the Presidency Small Cause Court, Bombay, decreeing the plaintiff's suit for possession of a portion of a room which is in the occupation of the defendant as a licensee by virtue of a compromise decree passed in the previous litigation between the parties by this Court. Now, one of the terms of the consent decree is that the defendant will be entitled to occupy the aforesaid portion of the room as a licensee and that the licence in her favour would be irrevocable. The plaintiff, which is an educational society, contends that it is entitled to revoke the license because the defendant has not been paying any compensation to the plaintiff for the use and occupation of the portion of the room in her possession as a licensee. The defendant contended that the consent decree made no reference whatsoever to the payment made no reference whatsoever to the payment of rent or compensation to the plaintiff, and that, ...
Shantabai Baburao Kalbhor Vs. Ramchandra Khanderao Korhale
Court: Mumbai
Decided on: Nov-15-1958
Reported in: (1959)61BOMLR627
Acts/Rules/Orders: Hindu LawCases Referred: Bhau v. Raghunath, ('06) ILR 30 Bom 229, 7 Bom LR 936; Bhagwanlal Chunilal v. Bai Divali, AIR 1925 Bom 445, 27 Bom LR 633; Sarubai Balakdas v. Narayandas Devdas, AIR 1943 Bom 224, ILR (1943) Bom 314; Gajanan v. Panurang, AIR 1950 Bom 178, 52 Bom LR 238 (FB); Muthukaruppa Pillai v. Sellathmmal, AIR 1915 Mad 475, ILR 39 Mad 298FACTS(1) The property in dispute is a house, City Survey No. 292 of Somvar peth, Poona which was purchased by one Sonubai, wife of Narhari Kalbhor, by sale- deed, dated 21st May 1930, for Rs. 10,500. Sonubai had paid to the vendor Rs. 1000 before the date of the sale-deed and the balance of Rs. 9,500 was paid in the presence of the Sub- Registrar. After purchasing this house Sonubai let it out to tenants. Sonubai, it appears, was conducting a sweetmeat shop in City Survey No. 15 of Shukarawar Peth, Poona, and in the conduct of that business she was assisted by her son Baburao Narhari. Narhari- husband of Sonubai - it is c...
Amar Dye-chem. Ltd., Kalyan Vs. G.M. Raut and anr.
Court: Mumbai
Decided on: Nov-15-1958
Reported in: (1959)IILLJ98Bom
ORDER1. These applications are made by the Amar Dye-Chem., Ltd., Kalyan, against the opponents seeking the tribunal's approval for the action taken against them. The applications are made under S. 33(2)(b) of the Industrial Disputes Act, 1947. The action for which approval is sought is the dismissal of the workmen under model standing orders in respect of misconduct. The misconduct alleged in Application (I.T.) No. 118 of 1958, is negligence in the discharge of duties and/or aiding or abetting theft of a typewriter from the administrative building of the factory during the hours on which the opponent was on duty as watchman, which is misconduct under model standing orders 23(d), 23(l), 23(m), 25(c) and 25(e). The misconduct alleged against the opponents in Application (I.T.) No. 119 of 1958 is absence from the appointed place of work without permission, abuse, assault and trying to collect union subscription and abetment thereof as also the commission of an act subversive of discipline...
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