Mumbai Court November 1961 Judgments
Chaturbai Naraindas Vs. H.B. Munshi, Deputy Commissioner of Sales Tax
Court: Mumbai
Decided on: Nov-28-1961
Reported in: [1962]13STC350(Bom)
1. This petition seeks a writ or order under Article 226 of the Constitution for quashing a certain notice dated 17th June, 1960, issued by the Deputy Commissioner of Sales Tax, Bombay, who is the respondent to the petition. The petitioner's deceased husband was the proprietor of a firm named Messrs Pohumull Bros. (India) and this firm was registered as a dealer under section 8 of the Bombay Sales Tax Act, 1946. After her husband's death, the petitioner's name was entered in the registration certificate as the proprietress of the firm in June, 1950. In respect of the period between 1st April, 1949, and 31st October, 1952, the petitioner was assessed to sales tax by an order passed by the Sales Tax Officer, C Ward, Bombay, on 17th June, 1953. It appears that the firm, Messrs Pohumull Bros. (India), had two other branches one at Delhi and one at Calcutta; and during the period of assessment, the firm had sent to these branches goods of the value of Rs. 8,35,710-5-9 and Rs. 87,925-9-0 res...
Tag this Judgment!Vithal Krishna Joshi Vs. Shripad Sadashiv Khandalekar
Court: Mumbai
Decided on: Nov-22-1961
Reported in: (1962)64BOMLR100
H.K. Chainani, C.J.1. This election petition arises out of an election held to elect one of the members of the Ratnagiri District School Board. Section 4 of the Bombay Primary Education Act, 1947, provides for the constitution of a school board. The proviso to Clause (a) of Sub-section (5) of Section 4 states that not more than two members as may be determined by the State Government shall be elected in the manner prescribed by non-authorised municipalities on the District School Board. Sub-rule (4) of Rule 6 of the Bombay Primary Education Rules states that the representatives of non-authorised municipalities under the proviso to Section 4 of the Act shall be elected by the non-authorised municipalities concerned. Sub-rule (5) of this rule states that the election of the members of the school board shall be held in accordance with the procedure prescribed in Schedule C. Rule 10 of the rules contained in Schedule C states that the returning officer shall communicate valid nominations f...
Tag this Judgment!Dattatraya Baliram Naik and ors. Vs. Rambhabai and ors.
Court: Mumbai
Decided on: Nov-16-1961
Reported in: AIR1962Bom236; (1962)64BOMLR280; ILR1962Bom452
Patel, J.(1) This is an appeal by the Plaintiffs, whose suit for possession, is dismissed by the Civil of property which was purchased in an execution providing. A few facts, out of which the appeal arises need be stated. The father of Plaintiffs Nos. 1,2 and 3 by name one Baliram Narayan Naik and a coparcener of his, filed a Suit No. 63 of 1924 in the Court of Jalgaon against one Sakharam alias Daulat Ramji Patil and Bhika Ganpat Chaudhari for the recovery of their dues on a Pro-note. Daulat was the son of Keshav and was adopted by his uncle Ramji. The family, however, apparently continued as before, On 24th March, 1924, the Plaintiffs obtained an attachment before judgment and actually levied the attachment. A decree ( Exhibit 227 ) was passed in that suit on 9th July, 1924. By the terms of the decree the attachment before judgment was continued, During the course of years several Darkhasts were filed for execution of the decree. The first Darkhast No. 830 of 1924, was filed on 25th ...
Tag this Judgment!Bidi, Bidi Leaves and Tobacco Merchants' Association Vs. the State of ...
Court: Mumbai
Decided on: Nov-15-1961
Reported in: (1962)64BOMLR375
Gajendragadkar, J.1. These four appeals consist of two sets of cross appeals each and they arise from two petitions filed in the High Court, of Bombay at Nagpur challenging the validity of the notification dated June 11, 1958, issued by the State of Bombay, now represented by the State of Maharashtra, under Section 5 of the Minimum Wages Act XI of 1948 (hereafter called the Act). The petitioners in Special Civil Application No. 205 of 1958 are the Bidi, Bidi Leaves and Tobacco Merchants' Association, Gondia, and two others, whereas the petitioners in Special Civil Application No. 214 of 1958 are Haji Latif Ghani Kachhi and five others. The impugned notification consists of seven clauses. By the majority decision of the High Court Clauses 1 to 5 and the first part of Clause 6 are held to be intra vires, whereas the latter part of Clause 6 and Clause 7 as well as the explanation added to it are held to be ultra vires. The first part of the finding is challenged by the petitioners in the ...
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