Mumbai Court June 1958 Judgments
Jairam Chandrabhan Vs. the State of Bombay
Court: Mumbai
Decided on: Jun-30-1958
Reported in: AIR1959Bom463; (1959)61BOMLR35; 1959CriLJ1299; ILR1959Bom1580
Mudholkar, J.1. The appellant was tried for the offence of murder of his wife committed at Takali, district Buldana, on or about the 20th of August, 1957. The learned Additional Sessions Judge who tried the appellant convicted him under Section 302 of the Indian Penal Code but instead of awarding the maximum sentence awarded the lesser penalty under the law.2. It was not in dispute before the learned Additional Sessions Judge nor is it is dispute before us that the appellant and his deceased wife Tulsabai used to quarrel quite often. The appellant is a resident of Telhara. Two or three days prior to the Akshaya Tritiya of the year 1957, the appellant along with Tulsabai and their children went go Takali where his mother-in-law Muktabai lived. He stayed there for two or three days and returned alone to Telhara. Tulsabai continued to stay on in Takali till her death on the 20th of August, 1957. It may be mentioned that the appellant visited Takali a few days before Nag Panchami and again...
Tag this Judgment!Rajlaxmi Textiles Vs. Surat Silk Mills Workers' Union
Court: Mumbai
Decided on: Jun-30-1958
Reported in: (1958)IILLJ522Bom
ORDER1. This is an appeal against the order of Sri M. N. Nagrashna, Judge, Second Labour Court, Ahmedabad, declaring that the change made by the appellants in the practice of paying kharchi to its workers for two days in a month was an illegal change. It appears that this concern was started sometimes in November 1953. Kharchi was paid twice a month during all the months from December 1953 till it was stopped in July 1957. It was paid more or less round about 13, 14 or 15 and again round about 23, 24 or 25. It was paid once only in November 1953, February 1954, December 1954 and February 1956. Thus out of a total of 42 months during which the concern was in existence, the payment was made twice a month on 38 occasions and once a month on 4 occasions. The limited question for consideration before me is whether the payment of kharchi in the manner in which it was done amounted to a customary usage or privilege and the withdrawal thereof amounted to a withdrawal of a privilege or a change...
Tag this Judgment!Bhikusa Yamasa Kshatriya Vs. Sangamner Akola Taluka Bidi Kamgar Union
Court: Mumbai
Decided on: Jun-30-1958
Reported in: (1959)61BOMLR764; (1959)IILLJ578Bom
Vyas, J. 1. This is an application under Art. 226 of the Constitution of India by the owners of the bidi-manufacturing concerns of Sangamner, Akola and places within seven miles of their respective municipal limits and it raises certain important questions of law. 2. In the year 1948 the Central Legislature passed an Act No. XI of 1948, called the Minimum Wages Act. Section 3(1) of the Act empowers the appropriate Government to fix the minimum rates of wages for certain industries which are described as 'scheduled industries.' Section 3, Sub-section (3), Clause (a), Sub-clause (iv), provides that different minimum rates of wages may be fixed for different localities at the time of fixing or revising the minimum rates of wages. Section 4 lays down what the minimum rates of wages fixed or revised by the appropriate Government under S. 3 may consist of. Section 5 Sub-section (1), Clause (a), provides for the appointment of a committee to hold enquiries in the matter of fixing minimum rate...
Tag this Judgment!Pereira Fazalbhoy and Co. and ors. Vs. their Workmen
Court: Mumbai
Decided on: Jun-30-1958
Reported in: (1958)IILLJ365Bom
Acts/Rules/Orders:Industrial Disputes Act, 1947 - Sections 2 and 12(5)AWARD1. This is a reference by the Government of Bombay under S. 12(5) of the Industrial Disputes Act, 1947, for adjudication of a dispute between (i) Pereira Fazalbhoy & Co., Bombay, (ii) Sri W. E. Pereira, (iii) Sri M. S. Desai and (iv) Sri M. H. A. Fazalbhoy (hereinafter referred to as the opponents), and the workmen employed under them over the following demand :'An adequate and substantial bonus for the two years ending the 31 March 1956 and the 31 March 1957, equivalent to 33-1/3 per cent of annual earnings of the employment for each year, shall be paid to all employees who have worked at any time during the above two years without any conditions attached.'2. Pereira Fazalbhoy & Co. were a firm of solicitors which has been dissolved with effect from 15 November 1957. Sri W. E. Pereira, Sri M. S. Desai and Sri M. H. A. Fazalbhoy were the partners in the firm. When the opponents were asked to fi...
Tag this Judgment!Sha Damji Deraj Vs. Megraj Bhikumchand and Co.
Court: Mumbai
Decided on: Jun-30-1958
Reported in: (1958)60BOMLR1366
M.C. Chagla, C.J.1. The respondents filed a summary suit in the City Civil Court on a promissory note of Rs. 12,000. The learned Judge gave the petitioners leave to defend conditionally on their depositing a sum of Rs. 6,000 within a particular time, and the petitioners have come here challenging the order in this revision application.2. The main contention of Mr. Shah is that the summary suit procedure is not applicable to a suit to which the Bombay Money-lenders Act of 1946 applies, and in this case it is not disputed that the Money-lenders Act does apply to the suit. The respondents are money-lenders and they have obtained a license as money-lenders and they are governed by all the provisions of the Act. Mr. Shah has drawn my attention to certain provisions of the Money-lenders Act. Section 18 casts certain duties upon a money-lender with regard to keeping accounts, furnishing copies, etc., and Section 19 casts certain duties upon a moneylender with regard to delivery of statement o...
Tag this Judgment!State of Bombay Vs. N.G. Tayawade and anr.
Court: Mumbai
Decided on: Jun-26-1958
Reported in: AIR1959Bom94; (1958)60BOMLR1339; 1959CriLJ170; ILR1958Bom1331
ORDER1. The opponent Purushottamdas son of Kanhayalal was prosecuted for offences under sections 93 (1) and 98 (1) of the C.P. and Berar Municipalities Act. The trial Court acquitted the accused. Thereafter the Municipal Committee, Warud, through its prosecutor filed an application under Section 435. Criminal Procedure Code, to the Court of Sessions Judge, Amravati. The learned Sessions Judge after having called for the record has recommended that under Section 439, Criminal Procedure Code, the acquittal of the accused should be set aside. This reference is opposed by the learned Government Pleader on the ground that under Section 439 revision proceedings are incompetent at the instance of a private party in view of Sub-section (5) of Section 439. In case it is held that such a revision under Section 439 is incompetent the reference will have to be rejected. The learned Counsel appearing for the opponent Purushottamdas has supported the objection of the learned Government Pleader.2. Th...
Tag this Judgment!Bagicha Mills Co-operative Society Ltd. Vs. Natwarlal Mulshankar Joshi
Court: Mumbai
Decided on: Jun-26-1958
Reported in: (1958)60BOMLR1363; (1959)ILLJ370Bom
1. A rather important and interesting question arises in this civil revision application with regard to the apparent conflict between S. 38 of the Bombay Shops and Establishments Act, 1948, and S. 54 of the Bombay Co-operative Societies Act, 1925. The opponents are employed by the petitioner which is a co-operative society in Ahmedabad, and they made an application to the Authority under the Payment of Wages Act claiming retrenchment compensation under the Industrial Disputes Act. The petitioner contended that the application was not maintainable and that the opponents should have proceeded under S. 54 of the Bombay Co-operative Societies Act. That contention was rejected by the Authority under the Payment of Wages Act. In appeal, the learned District Judge upheld the view of the authority and the co-operative society has now come in revision to this Court. Now, the Payment of Wages Act clearly does not apply to the petitioner-co-operative society. What is contended is that it has been...
Tag this Judgment!Bapurao Khusal Vs. Baliram Kolbaji
Court: Mumbai
Decided on: Jun-26-1958
Reported in: (1958)60BOMLR1424
Gokhale, J.1. This is an appeal by the original defendants Nos. 1 and 2 against a decree passed in favour of the plaintiffs awarding them possession of the suit land in enforcement of their right of pre-emption. The suit land admeasures 21 acres 29 gunthas out of survey No. 141 of village Nanded Buzruk, Taluq Daryapur, District Amravati. It was owned by one Nathu. It appears that Nathu was Indebted to some creditors and there were debt proceedings in respect of his debts and these terminated in framing of a scheme dated July 15, 1940, under Section 11 of the C.P. and Berar Relief of Indebtedness Act, 1939, which I will hereafter refer to as the Debt Relief Act. Under that scheme there were two creditors of Nathu, one Eknath who was to be paid Rs. 1,096, and another Sitaram who was to be paid Rs. 450. The last instalment payable to Sitaram was in 1949 and that payable to Eknath was in 1952. On May 16, 1947, Nathu sold to the plaintiffs 8 acres out of survey No. 141 by a sale-deed which ...
Tag this Judgment!Gulabchand S/O Surajmal Joshi and ors. Vs. Shri Balaji Deity and ors.
Court: Mumbai
Decided on: Jun-25-1958
Reported in: AIR1959Bom252; (1958)60BOMLR1461
1. This is all the documentary evidence on the record in connection with open site surrounding the temple building and Mr. Chandurkar contends that this evidence is insufficient to substantiate the plaintiffs' case that the open site surrounding the temple building belonged to the deities. As I have already pointed out, it is common ground between the parties that the temple was built on a portion of the present site at least about 100 years before the present suit. That some additional land was acquired from Government in 1868 cannot also be disputed. The actual order granting this land has not been produced, though it does appear that in the proceedings of 1883-84 relating to the encroachment made by Nanakram, a certificate in connection with the grant of the site was produced by the Pujari, which was returned to him. This land, however, was used for a garden for the temple and though there are references in some of the earlier papers which support Mr. Chandurkar's argument that the ...
Tag this Judgment!Kalidas Bhavan Vs. Bhagvandas Sakalchand
Court: Mumbai
Decided on: Jun-25-1958
Reported in: (1958)60BOMLR1359
M.C. Chagla, C.J.1. The tenant, who is the respondent before me, was in arrears of rent from July 1954 and therefore the landlord, the petitioner, served upon him a notice on September 5, 1954, terminating his tenancy. The two grounds stated in the notice were arrears of rent and subletting. On January 6, 1955, the petitioner filed a suit for eviction and arrears of rent. The written statement was filed by the respondent on June 20, 1955, and the first date of the hearing was June 26, 1955. On August 23, 1955, the tenant deposited Rs. 112 in Court and on August 26, 1955, he deposited Rs. 125 in Court. It is not disputed that these two amounts were more than the arrears due by the tenant on August 26, 1955. On August 31, 1955, the learned trial Judge passed a conditional decree that if all arrears of rent till the end of September 1955 were deposited by the tenant in Court before September 30, and costs of the suit, the decree for possession which the learned Judge was passing should no...
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