Mumbai Court September 1959 Judgments
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Vijaykumar Juglal Vs. the Bombay Revenue Tribunal
Court: Mumbai
Decided on: Sep-11-1959
Reported in: (1960)62BOMLR122
Gokhale, J. 1. The question raised in this special civil application falls within a narrow compass and that question is whether a notice given by a landholder under Section 9(1) of the Berar Regulation of Agricultural Leases Act, 1951, which will be hereafter referred to as the Act, will enure for the benefit of his legal representatives. This question has arisen in these circumstances. One Juglal Mannalal Gujerathi was the holder of survey No. 101 admeasuring 36 acres situated at mouza Manarkhed, tahsil Balapur, district Akola. It is common; ground now that this field was purchased by Juglal and during his lifetime was his self-acquired property. He himself was recorded as the occupant of this field. The present opponent Abdul Raheman was the protected lessee of this field. In December 1954 Juglal gave a notice under Section 9(7) of the Act terminating the lease of the opponent on the ground that he required the land for his personal cultivation. This was a three months' notice as req...
Bakshia Mukina Neo Budha and anr. Vs. State of Bombay
Court: Mumbai
Decided on: Sep-10-1959
Reported in: (1960)62BOMLR80
Gokhale, J.(1) The three appellants were convicted under S. 395 of the Indian Penal Code and each of them was sentenced to rigorous imprisonment for three years by the learned sessions Judge, Akola in Sessions Trial No. 8 of 1959 The charge against the appellants was that on 11th September 1958 they, along with two others, committed dacoity and looted grocery articles belonging to the Akbarali Syed Anwar and thus committed and offence under section 395 of the Indian Penal Code.(2) Akbarali Syed Anwar has a grocery shop at Khetri and his son-in-law Abdul Munaf is working in his shop. A few days prior to the last pola day, he sent Abdul Munam and one Jardarkhan rto make purchase from Khamgaon from the shopof one Haji Adam Bodabhai, with which shope he had on a Khata. Rs. 500 were paid by him for being paid to the Khamgaon shop towards his previous dues. Abdul Munaf and Jardarkhan left Khetri on 9th September 1958 and reached Khamgaon via Balapur in the evening Rs.500/- were paid in thesh...
Bakshia Mukinda Neo Budha and anr. Vs. State of Bombay
Court: Mumbai
Decided on: Sep-10-1959
Reported in: 1960CriLJ807
Gokhale, J.1. The three appellants were convicted Under Section 395 of the Indian Penal Cxie and each of them was sentenced to rigorous imprisonment for three years by the learned Sessions Judge, Akola in Sessions Trial No. 8 of 1959. The charge against the appellants was that on 11th September 1958 they, along with two others, committed dacoity and looted grocery articles belonging to one Akbarali Syed Anwar and thus committed an offence Under Section 395 of the Indian Penal Code.2. Akbarali Syed Anwar has a grocery shop at Khetri and his son-in-law Abdul Munaf is working in his shop. A few days prior to the last Pola Day, he sent Abdul Munam and one Jardarkhan to make purchase from Khamgaon from the shop of one Haji Adam Bodabhai, with which shop he had a Khata. Rs. 500 were paid by him for being paid to the Khamgaon shop towards his previous dues. Abdul Munai and Jardarkhan left Khetri on 9th September 1958 and reached Khamgaon via Bala-pur in the evening, Rs. 500/- were paid in the...
Vithal Krishnaji Nivendkar Vs. the State
Court: Mumbai
Decided on: Sep-09-1959
Reported in: (1959)61BOMLR1662
Shah, J.1. The accused, Vithal Krishnaji Nivendkar, was tried before the Presidency Magistrate, 7th Court, Dadar, Bombay, for an offence under Section 18(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act LVII of 1947. The learned Magistrate convicted the accused of the offence charged and sentenced him to suffer simple imprisonment for one day and to pay a fine of Rs. 3,251 and in default of payment of fine to suffer simple imprisonment for one month. Against that order of conviction and sentence, this appeal has been preferred.2. The complainant is one Parduman Ramsingh, who migrated to Bombay sometime in the year 1949. In November 1957 the complainant came to learn that residential accommodation in Waghe Hall at St. Xavier Road at Parel was available. The complainant went to the office of the Tillori Kunbi Samajonnati Sangh ;and met the accused, who was the President of the Sangh and responsible for the management of the building of the Sangh. The accused demanded Rs....
Babulal Swarupchand Shah Vs. South Satara (Fixed Delivery) Merchant's ...
Court: Mumbai
Decided on: Sep-08-1959
Reported in: (1960)62BOMLR304
Petel, J.(1) This is an appeal by the plaintiff against the dismissal of his suit by the Civil Judge, Senior Division, at Sangli.(2) The plaintiff is doing business in groundnuts and turmeric at Sangli. The defendant No.e is a public limited company, which came into existence in the year 1951. the company was founded, as provided by Art. 3, for the purpose and the object of promoting the business of the Sangli Bazar in various commodities, wuch as, turmeric, groundnut oil and othe roil-seeds etc. and to regulate the same and it was also epecifically provided by sub-clause (b) that the further object was to regulate forward dealings in the abovementioned cammodities, which were not prohibited so far or would not be prohibited in future. The purposes were to provide all possibel facilities to the producting agriculturists, to encourtage and help them, to grow the best kind of agricultural produce,. and such other purposes. There were 50 or 60 share-holders of the company. amongst them wa...
ismailbhai Sardarbhai Bhagwan Vs. Kondi Ravaji Phadtare
Court: Mumbai
Decided on: Sep-04-1959
Reported in: (1960)62BOMLR169
Datar, J. 1. This is an appeal filed by the plaintiff against the decree dismissing his Special Suit No. 6 of 1953 on the file of the Court of the Joint Civil Judge, Senior Division, Poona.2. A few facts which led up to the institution of the present suit may be stated. One Chunilal Rupchand had obtained a money decree for Rs. 16,000 and odd against the present defendants and was executing the same in darkhast No. 284 of 1940. The defendants were making efforts to raise money necessary to satisfy the darkhast amount due to Chunilal. The darkhast was still pending in 1943. In 1943 the defendants approached the plaintiff and offered to transfer their musumhi garden situate in survey Nos. 344 and 346 at Bopgaon to be enjoyed by him for a period of 10 years for a consideration of Rs. 9,500. The plaintiff agreed to accept the offer, and accordingly on June 17, 1943, a registered agreement, which is styled as sale deed, was passed by the defendants in favour of the plaintiff, under which pla...
State and ors. Vs. Murlidhar Govardhan and ors.
Court: Mumbai
Decided on: Sep-02-1959
Reported in: (1959)61BOMLR1656; 1960CriLJ800
Shah, J.(1) This reference raises a question of some importance about the jurisdiction of a magistrate to direct an investigation officer to submit a charge sheet when that officer in the investigation of a congnizable offence has not filed a charge sheet and has in submitting his report under S.173 of the Code of Criminal Procedure requested that Summary A, B, or C be issued.(2) We may briefly set out the facts which give rise to this reference. Police constable Murlidhar Goverdhan Patel, attached to the Thana Prohibition Department, was foud drunk in the house of one Gunyabai, investigation was commenced in respect of this incident and a final report was submitted y the investigating officer to the judicial Magistrate F.C. Tnana, requesting that 'A' summary be issued. The reasons in support of the request were:1. That the accused was not found in personal possession of illicit liqour.2. That there was also no evidene to show if he was ound drunk in a public place.3. That the main wit...
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