Court : Mumbai
Reported in : (1961)ILLJ128Bom
ORDER1. This is a reference under S. 12(5) of the Industrial Disputes Act arising out of a demand by the employees against the Acme Printing and Cone . v. P. D. Vyas 1954 II L.L.J. 148 and contends that a tribunal's inherent power to allow anybody to represent a party is not affected by S. 36(4). He points out that Tendolkar, J., who decided that case, cited with approval the following extract from the decision of Chagla, C.J., in a previous case 54 Bom. L.R. 285 : 'Now, it is for the courts or for tribunals to determine as a matter of procedure as to how parties should be represented and how they should present their case to the court of the tribunal .............' From this it follows, according to Sri Mahale, that the tribunal has overriding power and can allow a legal practitioner to appear even though the opposite party does not consent. Sri Mahale also referred me to Maxwell on Interpretation of Statutes, 9th Edn., p. 248, (10th Edn., p. 238). These some cases are discussed in wh...
Tag this Judgment!Court : Mumbai
Reported in : (1961)63BOMLR936; [1961]31CompCas265(Bom); [1961]12STC595(Bom)
1. This is a petition under Article 226 of the Constitution challenging the validity of the demand made against the petitioner for payment of Rs. 7,432-65 and giving notice that in default of such payment the amount will be recovered as arrears of land revenue. 2. The relevant facts are as follows :- Prior to April, 1957, one Govindsharan Mawawala and one Nepalsingh Jawaharsingh carried on business in partnership with each other in the firm name and style of Messrs Govindram Ramsharan Mawawala at 532, Duncan Road, Bombay. The shop of the firm appears to have been obtained on sub-tenancy. By a notice dated 22nd April, 1957, the Collector of Bombay notified that the partnership firm had failed to discharge the liability in respect of the sum of Rs. 16,582-83 payable in respect of arrears of sales tax dues for the period upto 31st March, 1951, and 1st April, 1951 to 12th December, 1955, and penalty and income-tax dues for the years 1950 to 1954, which amount together with process fee of R...
Tag this Judgment!Court : Mumbai
Reported in : (1961)63BOMLR274
Shah, J.1. This is an appeal by the original applicant who had filed an application claiming that the property referred to in the application was his private property and was not governed by the provisions of the Bombay Public Trusts Act, against the order passed by the learned District Judge, Poona, by which his application under Section 72 of that Act against the order of the Charity Commissioner was dismissed with costs.2. It appears that one Yashodabai and her sister Haribai had inherited certain immoveable properties from their maternal grand father Keshav Mahadeo Deshpande. including a house. In a portion of this house they constructed a small temple in about 1915 and installed an idol of Shri Datta. In order that some arrangement may be made for the purpose of the worship of the deity these two sisters executed a Danpatra on February 22, 1918, in favour of one Pandurang Balwant Kulkarni. This Danpatra does not seem to have been produced in the present case and, therefore, it is ...
Tag this Judgment!Court : Mumbai
Reported in : AIR1961Bom224; (1961)63BOMLR186; ILR1961Bom471
1. This civil revision application is filed by an auction-purchaser of a certain immoveable property belonging to the judgment-debtor in respect of a decree passed against him in suit No. 5/3' of 1956 in the Court of Munsiff at Sailu. On the date of the auction of the property, i. e. on the 17th August, 1957, the property was knocked down to the applicant for Rs. 2500/- and the applicant-paid 25 per cent of that price on the same day. It appears that on 29th August, 1957, he filed an application for extending the time to deposit the balance of the purchase price in Court. It further appears that neither the judgment debtor nor the decree-holder raised any objection to the application being granted by the Court. The application was accordingly granted and the applicant was required to pay the balance of the purchase price into Court on or before 18th September, 1957. It appears, however, that the applicant could not manage to deposit the balance of the purchase price before 18th Septemb...
Tag this Judgment!Court : Mumbai
Reported in : (1961)ILLJ95Bom
1. This is an appeal against the order, dated 24 March, 1959 of the Judge, Second Labour Court, Bombay, in Application No. 775 of 1957. 2. The original application was filed by the appellant Sri Kohli (referred to hereinafter as the appellant or the concerned employee) against the B.E.S.T. Undertaking (referred to hereinafter as the undertaking), alleging that his services were illegally and improperly terminated by the undertaking by a memorandum, dated 31 July, 1957, issued under standing order 26(1). He challenged the legality and propriety of the order on various grounds mentioned in his application and prayed inter alia to declare that the termination of his services is void and inoperative in law and/or entirely unjustifiable in fact and that he be reinstated on his original post with back-wages. At a later stage the appellant advanced an additional plea before the labour court that the termination of his services amounts in fact and in law to punishment and the recourse by the u...
Tag this Judgment!Court : Mumbai
Reported in : AIR1961Bom275; (1961)63BOMLR272
ORDER1. The Petitioner Mrs. Julieta Coutinho has filed this Petition in this Court's general and inherent jurisdiction for an order that the petitioner may be appointed guardian of the right, title and interest of the two respondents, who are minors, in the property at Eksar and that the Petitioner as such guardian may be authorised to sell the said immovable property on the terms and conditions of an agreement of sale dated 31st January 1960 and for certain other consequential reliefs. One Ciriaco Bernardo Coutinho died on 3rd May 1951 leaving the Petitioner who is his widow and four children, two of whom are now majors and the other two, being the two respondents in this petition, who are minors. The parties are Indian Christians and are governed by the Indian Succession Act. The said deceased has left no will. He left a small immovable property situated at Eksar which is within the Greater Bombay. That property consists of an open plot of land admeasuring 1964 square yards and is th...
Tag this Judgment!Court : Mumbai
Reported in : AIR1963Bom170; (1963)1BOMLR65; ILR1963Bom1; 1963MhLJ345
Mudholkar, Acting C.J. 1. This is an appeal by the first defendant to a suit for the enforcement of a mortgage and of the personal covenant contained in it.2. Briefly stated this facts are these: The first defendant mortgaged a house belonging to him and situate at Mahabaleshwar with one Saftabai and her son Shiraz on 4th May 1950 by depositing the title deed of the said house. The consideration for the mortgage was Rs. 40,000/-and interest was agreed to be paid thereon at the rate of six per cent per annum. The due date for the redemption of the mortgage was 4th May 1951. Saftabai died on 7th April 1951 and Shiraz died the very next day. The present plaintiff, Amir Abdul Ali, is another son of Safiabai and the defendants Nos. 2 and 3 are the daughters of Safiabai. It is admitted that these three persons constitute the only theirs of Safiabai and Shiraz.3. The plaintiff alone obtained a succession certificate on 18th March 1952 entitling him to recover ill the debts and assets due to t...
Tag this Judgment!Court : Mumbai
Reported in : (1961)63BOMLR183
Patel, J.1. This application arises out of somewhat unusual circumstances. The opponents executed a mortgage in favour of the petitioner on. January 24, 1950. On December 13, 1955, they made an application to the Debt Conciliation Board under Act I of 1349 Fasli. After this the petitioner filed a suit in the Court of the District Judge at Aurarigabad on January 4, 1956. The claim in the suit was 39,100 0.8. equivalent to a sum of Rs. 33,514-4-0 I.G. currency. The Board came to an ex parte decision that the petitioners before it were agricultural debtors and, therefore, issued a certificate to the Civil Court on January 12, 1956, of the pendency of the application before it. As a result of the certificate of February 5, 1957, the suit came to be stayed. The Hyderabad Agricultural Debtors Relief Act came into force on September 30, 1956. Section 65 of the Act repealed the Conciliation Act and dissolved the Boards. On October 28, 1958, the petitioner made an application to the District Ju...
Tag this Judgment!Court : Mumbai
Reported in : (1961)63BOMLR189
Gokhale, J 1. This revision application raises an important question as to the interpretation of Section 161 of the Bombay Police Act, 1951, which shall hereafter be referred to as the Act. The point arises in these circumstances: The petitioner Parbat Gopal Walekar is a police constable who was at the relevant time attached to the Delisle Road Police Station. On October 18, 1953, the petitioner was driving Sub-Inspector Kedari in a police jeep No. 149 and at Fergusson Road, Worli, Bombay, the jeep knocked down the opponent in this application, Dinkar S. Shinde, a minor, who is a resident of Patel Building, Fergusson Road. It would appear that on that day at about 1.20 p.m. the opponent was walking on the foot-path at Fergusson Road, opposite his building, and while he was crossing the main road he suddenly noticed the police jeep car driven by the petitioner coming from Delisle Road to Worli Naka and he was knocked down by the said jeep. The opponent suffered injuries and he was remov...
Tag this Judgment!Court : Mumbai
Reported in : AIR1961Bom284; (1961)63BOMLR169
1. This is a revision application against the order of the Court of Small Causes at Bombay refusing the petitioners' application for amendment of their plaint. On 18th August 1955 the petitioners filed Suit No. 2272/11476 of 1955 in the Court of Small Causes at Bombay against the defendant Opponent to recover a sum of Rs. 2703-1-0 inclusive of interest. It was alleged in the plaint that the plaintiffs had acted as commission agents in respect of certain transactions with the defendant and in connection with those transactions there was an account of the defendant In the account books of the plaintiffs. At the foot of the said account, there remained a balance of Rs. 2,435-3-0 due and payable by the defendant to the plaintiffs and the particulars of that account were annexed to the plaint. The defendant, according to the plaintiffs, failed and neglected to pay the said balance in spite of repeated demands and ultimately plaintiffs, through their advocate's letters dated 8th December 195...
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