Mumbai Court December 1960 Judgments
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Vinayak Ganesh Savale Vs. the Shahada-kukdel Municipality
Court: Mumbai
Decided on: Dec-16-1960
Reported in: (1961)63BOMLR589
Naik, J.1. The suit giving rise to this second appeal was filed by 53 residents of Shahada for themselves and as representing the tax-payers of Shahada against the respondent, the Shahada-Kukdel Municipality (hereinafter referred to as the Municipality) for a declaration that the consolidated property tax imposed by the Municipality for the year 1954-55 is unjust, excessive and illegal and for perpetual injunction restraining the Municipality from levying the property tax on the plaintiffs and the other tax-payers. The material facts lie within a narrow compass and may be set out as follows: The said Municipality was superseded on April 16, 1951, and one P. Y. Darp was appointed as Administrator thereof. On April 30, 1951, Darp passed a resolution imposing the consolidated property tax at the rate of twenty per cent, of the annual letting value of residential premises and thirty per cent. of the annual letting value of business premises. Objections were invited from the tax-payers, but...
In Re: Bilasrai Juharmal and anr.
Court: Mumbai
Decided on: Dec-09-1960
Reported in: AIR1962Bom133; (1961)63BOMLR815; [1962]32CompCas215(Bom)
ORDER(1) This is a petition for winding up of a Company called the Akola Electric Supply Company (Private) Limited (hereinafter referred to as the Company) under Section 439 of the Indian Companies Act of 1956. When this petition came up before S. M. Shah, J for admission, the learned Judge did not accept the petition and rejected the same in limine. An appeal was preferred to the Division Bench of this Court (Appeal No. 1 of 1960). In appeal, the Division Bench set aside the order of dismissal, admitted the petition and sent it down for final hearing. The order that was passed by the Division Bench was on the basis of certain consent terms arrived at between the parties under which the respondent-Company gave an undertaking that the amount of compensation that may be received by the Company from the Bombay State Electricity Board would be deposited with the Company's Solicitors, M/s. Kanga and Co., pending the hearing and final disposal of the petition on merits in the trial Court. Th...
Ramlal Kaluram Mishra Vs. the Charity Commissioner
Court: Mumbai
Decided on: Dec-09-1960
Reported in: (1961)63BOMLR418
Datar, J.1. In 1924 the appellant built a temple called Shri Badrinarayan Mandir at the village Sirsode (Bahadurpur), Taluka Parola, District East Khandesh, and installed an idol of Shri Badrinarayan in it. The temple was built on one of his lands with his own money. On May 27, 1927, he made an endowment of some immovable and movable properties for the expenses and management of the temple and also appointed some trustees. A deed of trust was executed by him in that behalf.2. On February 20, 1942, the appellant applied to the First Class Sub-Judge, Registrar, East Khandesh, requesting that a form prescribed under Section 5 of the Bombay Public Trusts Registration Act, 1935, be sent to him so that he might fill it up and forward the same to the Registrar. Upon this application the learned Sub-Judge passed the following order on February 21, 1942:-C.O.C. to report whether trust is registered. If it is not registered, inform the applicant of it and to apply to get it registered. Also call...
Firm Tulsiram Sadanand Sarda Vs. Assistant Commissioner of Labour, Nag ...
Court: Mumbai
Decided on: Dec-05-1960
Reported in: (1961)63BOMLR342; [1961(3)FLR131]; (1961)ILLJ711Bom
Badkas, J.1. Petitioners 2 and 3 are the partners in the Firm Tulsiram Sadanand Sarda and own a shop in which they carry on the trade of purchasing and reselling of cloth and yarn on wholesale basis. Bales of cotton and yarn are purchased from mills and other dealers and the same are resold on wholesale basis in the same form. All the purchases and resales are effected by the petitioners themselves. The petitioner-firm is also registered under the Central Provinces and Berar Shops and Establishments Act, 1947. 2. Respondent 5, Pandurang Rajaram Kothale, was an employee of the petitioners. According to the petitioners his duties were domestic in nature. The services of respondent 5 were terminated on 2 June, 1958. Thereafter, he made an application to the Labour Commissioner, Nagpur, under S. 16 of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947 (Act XXIII of 1947). The petitioners objected to the tenability of the application on various grounds. The objections ...
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