Mumbai Court November 1962 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Vasant Pandurang Deval Vs. the State of Bombay
Court: Mumbai
Decided on: Nov-28-1962
Reported in: AIR1963Bom269; (1963)65BOMLR444
1. This is an appeal by an Ex-Government servant who had at the material time occupied the position of a clerk of the Court-cum-Nazir in the Court of the Judicial Magistrate and Civil Judge (Junior Division) at Saswad in the District of Poona. On 26th July 1954, this Government servant, who will hereafter be referred to as the plaintiff, was transferred to Poona, where he had to work in the Court of the Civil Judge (Senior Division). On the next day he joined his service at Poona. On 2nd August 1954, the Judicial Magistrate at Saswad, Mr. Behere, who had taken up a dacoity case for inquiry on 29th July 1954, reported to the District Judge, Poona, that 54 currency notes of the value of Rs. 10 each, which were a part of the Muddemal in the case, were missing from the Court. On 3rd August 1954, the plaintiff on being informed about the report made by Mr. Behere to the District Judge, went back to Saswad, made inquiries for the missing currency notes in the room in which Muddemal used to b...
Asha Jayawant and anr. Vs. Lalsingh and anr.
Court: Mumbai
Decided on: Nov-27-1962
Reported in: AIR1963Bom223; (1963)65BOMLR429; 1963MhLJ268
1. This revision by the original defendants arises out of an order rejecting in limine their application for particulars.2. Opponent Lalsingh has filed a suit claiming-damages valued at R.s. 5,000/- from the defendants. Paragraphs 2, 3 and 4 of the plaint are as follows:-'2. That on 21-9-1958 at about 11.00 A.M. the plaintiff was knocked down by the car BYJ 1450 'which was being driven rashly and negligently by defendant No. 1 along the road near the Reserve Bank Quarters, in Civil Lines, Nagpur.3. That as a result of this collision the plain-tiff sustained severe injuries on his person which necessitated his being indoor patient in Mayo Hospital for nearly six months. Even after this prolonged treatment, the plaintiff is permanently disabled and he cannot walk without the aid of a stick. Even a little walking causes him pain all over his body and he is unable to attend to his daily work. His right arm is also permanently disabled. He cannot lift weights. The defendants are liable to c...
Keshav Dnyanu Gorambekar Vs. Dnyanu Rama Patil
Court: Mumbai
Decided on: Nov-23-1962
Reported in: (1963)65BOMLR525; 1963MhLJ37
Tambe, Actg. C.J.1. The question that arises for consideration in this case is whether a second application under Section 70(b) of the Bombay Tenancy and Agricultural Lands Act, 1948, for a declaration that a particular person is a tenant or not, would lie when the first application has been dismissed as abated on account of failure of the petitioner to bring legal representatives of the deceased party on record.2. The question arose thus : One Keshav, the petitioner before us, filed on June 2, 1956, an application under Section 70(b) of the Act for a declaration, that he is the sole tenant of S. No. 358/2, area 2 acres and 10 gunthas, situate in village Parite, Taluka Karveer, District Kolhapur. To this petition lie had joined one Rama, who also was claiming tenancy rights in the same field along with Keshav, and Krishna, who is the landlord of this field. Rama died on March 5, 1956, On June 29, 1956, the petitioner made an application to bring on record the five sons of Rama, Dnyanu,...
Shantaram Dinkar Karnik Vs. Malti Shantaram Karnik
Court: Mumbai
Decided on: Nov-21-1962
Reported in: AIR1964Bom83; (1963)65BOMLR441; ILR1963Bom63; 1963MhLJ649
1. This is an appeal by the husband against the order of the City Civil Court dismissing his petition for restitution of conjugal rights, and granting alimony to the wife at the rate of Rs. 40/- per month. The petition was made under the provisions of the Hindu Marriage Act, 1955, and the ground upon which it was based was that in spite of repeated requests, the wife had refused to go and live with him in the written statement filed by the wife it was contended that she was constantly being ill-treated by her mother-in-law with the connivance of the husband and that she was ultimately driven out of the house. Accordingly, it was submitted that the husband's petition for restitution of conjugal rights be dismissed and that provision for her maintenance be ordered to be made. Both the wife as well as the husband led evidence in support of their respective contentions. The learned Judge, after considering the evidence and the other circumstances of the case held that the allegations made ...
Suratsing Chandanmal Oswal Vs. Gulabchand Lachmandas Pardesi
Court: Mumbai
Decided on: Nov-20-1962
Reported in: AIR1963Bom263; (1963)65BOMLR436; 1963MhLJ828
1. On 13th April 1932, one Chandanmal Jasraj filed suit No. 472 of 1932 for possession of an immoveable property and for past and future mesne profits. The suit resulted in a decree, which was passed on 9th September 1933. The defendant filed an appeal against that decree, but that appeal was dismissed on 27th November 1935, as having abated on account of the heirs of the plaintiff, who had died in the meantime, not having been brought on record. The defendant thereafter filed an application for review of the order dismissing the appeal but that application was also dismissed on 8th June 1936. In execution of the decree, Suratsing, the adopted son of the deceased plaintiff Chandanmal, recovered possession of the property on 13th March 1949. A few days thereafter, i. e. on 8th April 1949, he made an application to the trial Court for ascertainment of the insane profits from 13th April 1932, i. e. the day on which the suit was filed till 13th March 1949, when possession of the property i...
Marwanji Furdoonji Sethna and ors. Vs. Anglo Custodio Correa
Court: Mumbai
Decided on: Nov-20-1962
Reported in: AIR1967Bom191; (1963)65BOMLR412; ILR1964Bom61
Patel, J.(1) These two revisional applications arise out of a proceeding commenced by the tenant under section 17B of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The short facts are as below. (2) There was a two storied building in Mazgaon belonging to the defendants, the four petitioners. The ground floor of that building, which consisted of a hall, one room, one kitchen, one passage, one bath-room, two W.Cs. and two verandahs were let out to the plaintiff, which is a club. In or about 1958 the defendants wanted to demolish the building and re-erect the same. They, therefore, obtained a certificate from the Tribunal under the provisions of the Rent Act and thereafter instituted an ejectment suit against the plaintiff. The Court, on the defendants' giving the statutory undertakings, passed a decree in ejectment. The defendants thereafter completed the building by about the month of August 1958. There was some dispute between the parties about the allotment of a f...
Keshaorao Ramji Vs. Gunwantrao Anyaji
Court: Mumbai
Decided on: Nov-20-1962
Reported in: (1963)65BOMLR499; 1963MhLJ676
Chandrachud, J.1. A question as regards the construction of Section 105 of the C.P. Tenancy Act (Act No. I of 1920) arises in this Second Appeal. The question is whether a Civil Court has jurisdiction to entertain a suit brought by the members of a joint Hindu family to challenge the right of the manager to bind them by an intended sale hi respect of which an order of pre-emption has been passed by a Revenue Officer under the C.P. Tenancy Act. The question arises on the following facts.2. One Bhupatji died in the year 1890 leaving behind four sons Ramji, Shrawan, Vithu and Laxman. We are not concerned with the three younger sons because Bhupatji's occupancy rights in the two fields which arc the subject-matter of the present suit, admittedly devolved on Ramji alone. The fields are situated in a village called Saikheda in the district of Wardha, the defendant having been the malguzar of the village. On April 13, 1942, Ramji gave a notice to the defendant that he intended to effect a sal...
Anandrao Kesheorao Pande Vs. Krishnaji Baliram Dhapadkar
Court: Mumbai
Decided on: Nov-19-1962
Reported in: AIR1964Bom232; (1963)65BOMLR417; ILR1963Bom99
1. This revisional application arises out of proceedings which were initialed by the petitioner (judgment-debtor) under Section 3 of the Madhya Pradesh Temporary Postponement of Execution of Decrees Act, 1956 (M. P. Act No. V of 1956), which will hereinafter be referred to as the Act. On the 16th of June, 1960, the respondent filed a darkhast to execute the decree, which he had obtained against the petitioner for the refund of earnest money. On the 22nd of July, 1960, the petitioner filed an application for stay of execution of the decree under Section 3 (1) of the Act, which reads thus:'All proceedings in execution of any decree for money, or proceedings for making final any preliminary decree for foreclosure or sale, or proceedings in execution of any final decree for sale, passed by a Civil Court on the basis of a liability incurred before this Act comes into force, in which a Judgment-debtor or defendant, as the case may be is on the date this Act comes into, force, an agriculturis...
Babulal Talakchand Shah Vs. Purshottam Shridhar Joshi
Court: Mumbai
Decided on: Nov-16-1962
Reported in: (1963)65BOMLR434
Shah, J.1. This is a sub-tenant's application against the tenant who had filed a suit for ejectment of the former on the ground that he had fallen in arrears of rent for a period exceeding six months. The sub-tenant contended that during the pendency of the application for fixation of standard rent he had paid a sum of Rs. 350 to his pleader Datar on April 2, 1957, for the purpose of being paid over to the tenant in payment of the rents which had accrued due so far. The trial Court rejected this contention and also disbelieved the evidence both of the sub-tenant and his pleader Datar in that behalf and passed a decree for ejectment in favour of the tenant. The sub-tenant then took an appeal to the District Court and the learned Extra Assistant Judge, who heard the appeal, carefully went through the evidence recorded in the case and, concurring with the findings of the trial Court, dismissed the appeal with costs. The sub-tenant has filed the present revision application against the dis...
Vishwanath Naganath Andage Vs. Mahadeo Sultanappa Waghmode and anr.
Court: Mumbai
Decided on: Nov-15-1962
Reported in: AIR1964Bom40; (1963)65BOMLR432; ILR1963Bom59
1. This application is filed by the petitioning creditor against the order of the learned Insolvency Judge who allowed the application of opponent No. 2 for restoration of his application under Section 4 of the Provincial Insolvency Act for a declaration that the moveable property which was seized by the Receiver in Insolvency from his possession was of his ownership and that accordingly, it should be returned to him. This application was made on 1st November, 1958, that is, on the same day on which the Receiver had taken possession of the property. For about a year arid five months after the presentation of this application no action was taken by the Insolvency Court thereon. In the meantime, it appears the Receiver had made his report in regard to different aspects of the insolvency proceedings. Among other things, he had prayed in his report that the application made by opponent No. 2 being Ex. 19 in the case should be taken up for hearing and a date might be fixed for the purpose. ...
- ‹ Prev
- 2
- Next ›
- Last »