Mumbai Court December 1962 Judgments
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Maneklal A. Mehta Vs. the Municipal Commissioner
Court: Mumbai
Decided on: Dec-19-1962
Reported in: (1963)65BOMLR480
Patel, J.1. This is an appeal by an assessee against an order made by Mr. Justice Datar in an appeal under the provisions of the Bombay Municipal Corporation Act, 1888, and involves the interpretation of Section 154 of the said Act which runs as follows:(1) In order to fix the rateable value of any building or land assessable to a property-tax, there shall be deducted from the amount of the annual rent for which such land or building might reasonably be expected to let from year to year a sum equal to ten per centum of the said annual rent and the said deduction shall be in lieu of all allowance for repairs or on any other account whatever.Sub-section (2) of Section 154 exempts the value of any machinery contained, or situate in or upon any building or land from being included in the rateable value of such building or land. The rest of the provisions are not material.2. The assessee owns roughly 75000 sq. yds. of land at Ghatkopar about 3000 feet away from the Agra Road. In the interio...
State of Maharashtra Vs. Tanba Sadashio Kunbi
Court: Mumbai
Decided on: Dec-14-1962
Reported in: AIR1964Bom82; (1963)65BOMLR477; 1964CriLJ395; ILR1963Bom627
ORDER1. The Sessions Judge, Wardha, has recommended by this reference that the conviction of the non-applicant Tanba under Section 448 I. P. C. should be quashed. It is not possible to accept thisreference.2. The facts leading to the prosecution and the reference are somewhat unusual and require to be noticed in detail. One Shri Anna Choudhari was a Head Master of a municipal school at village Mirapur in Wardha district, 'the accused Tanba, is supposed to be a Vice Chairman of the School Committee. The accused has a nephew by name Bandu, who is studying in the school. On 19-3-62 during the recess time there was some kind of quarrel between the nephew of the accused on the one hand and two other boys, Gunwant and Punjab, on the other. The accused came into the school while the Head-Master was absent and he beat the two boys, Gunwant and Punjab. In the meantime, the Head-Master returned at about 2-15 P. M. The accused was in the school. The two boys were weeping. On inquiries they inform...
New Great Insurance Co. of India Ltd. Vs. Aktiselskaleet Set Astasiats ...
Court: Mumbai
Decided on: Dec-13-1962
Reported in: AIR1964Bom71; (1963)65BOMLR487; ILR1964Bom151
K. K. Desai, J. 1. The Civil Revision Application No. 1236 of 1960 and the Appeal from Order No. 111 of 1960 have been placed before us for a common hearing as the question of law involved in both the matters is the same. The respondents in each of the matters are the East Asiatic Co. Ltd. In both the matters in the trial Courts on behalf of the respondents (hereinafter referred to as the defendants) application for stay of each of the suit was made on the ground that the claim made in each suit must be held to have been agreed to be referred to arbitration and that the provisions of Section 34 of the Indian Arbitration Act, 1940, and Section 3 of the Arbitration (Protocol and Convention) Act, 1937, were applicable. The contention of the petitioners in revision application No. 1236 of 1960 and of the appellant in appeal From Order No. 111 of 1960 (hereinafter referred to as the plaintiffs) was that there was no agreement of reference to-arbitration between the parties and the defendant...
Administrator of the Shringeri Math, Vs. Charity Commissioner, Bombay
Court: Mumbai
Decided on: Dec-13-1962
Reported in: AIR1967Bom194; (1963)65BOMLR457; ILR1964Bom568
Patel, J. (1) This is an appeal under S. 72 of the Bombay Public Trusts Act, 1950, by the Administrator of the Shringeri Math of His Holiness Jagatguru Shringeri Shankaracharya against an order for registration of the Math at Nasik. There are three properties in Nasik city bearing city survey numbers 5241, 5242 and 5244-B. They are partly buildings and partly open spaces. The two predecessors of the Shankaracharya had attained 'Nirvana' at Panchavati, Nasik, and the then rulers i.e., the Peshwas, offered some open space of land to His Holiness of Shringeri for erecting 'Samadhis' of the deceased. Accordingly the 'Samadhis' were constructed in this land. Attached to the 'Samadhis' there is a Mandap and the image of Adya Shankaracharya is installed therein. Surrounding these buildings some other constructions have also been made. The expenses for the upkeep of these 'Samadhis' are met from the income of the structures, loans and from the fund of the 'Math' at Shringeri. There are some gr...
Kanayalal Hinlal Agarwal and anr. Vs. Talabsha Maghbulsha Musalman and ...
Court: Mumbai
Decided on: Dec-10-1962
Reported in: AIR1964Bom157; (1963)65BOMLR452; ILR1963Bom139
1. A somewhat interesting question has been raised in this appeal which arises out of an application for execution of a money decree presented more than 12 years after the date of the decree. On 24th of October, 1932, a decree for Rs. 444-8-0 was passed against the respondents in favour of the appellants. The respondents were granted certain instalments for the purpose of paying up the decretal amount. The last of such instalments was to be due in 1942. It appears that due to the defaults of the respondents in payment of the instalments, the appellants had to file several darkhasts, the last of which was filed in 1941. By that darkhast the appellants prayed that an agricultural land bearing Survey No. 38, belonging to the respondents be attached and sold for the purpose of satisfying the balance of the decretal amount. The executing Court granted the prayer and sent the papers to the Collector for sale of the land. Some time after this was done, the B. A. D. R. Act came into force and ...
Narayan Dogra Shetty Vs. Ramchandra Shivram Hingne
Court: Mumbai
Decided on: Dec-10-1962
Reported in: (1963)65BOMLR449; 1963MhLJ686
Shah, J.1. The plaintiffs, who had purchased the equity of redemption in 6 of the 'khans' comprising a house, filed a suit for possession of the 6 'khans', on the ground that the mortgage which was created by their vendor in favour of the defendants, was satisfied out of the usufruct of the property at the end of ten years of its duration. The defendants contended that they were lessees of those 6 'khans' under a rent note dated August 6, 1946 for a period of 3 years, that the lease was suspended during the pendency of the mortgage, that on the expiry of the period of ten years of the mortgage the lease was revived for the rest of its term and that, therefore, the plaintiffs were not entitled to the possession of those premises. On the construction of both the mortgage deed as well as the rent note, the trial Court came to the conclusion that defendant No. 1 had surrendered his lease on the execution of the mortgage in favour of both the defendants and that, therefore, the defendants w...
Abdul Kayum Ahmad and ors. Vs. Damodhar Paikaji Kinhekar and anr.
Court: Mumbai
Decided on: Dec-06-1962
Reported in: AIR1964Bom46; (1963)65BOMLR505; ILR1964Bom17
1. In this second appeal by the defendants Nos. 2 to 4 against two concurrent decisions granting a specific performance of an agreement to sell the house to the plaintiff, the only question raised before me was whether a monetary compensation for breach of agreement would have been a more appropriate relief than a decree for Specific performance.2. On 26-12-1952, the defendant No. 1, who owned the house in suit, entered into an agreement with the plaintiff to sell that house to the plaintiff for a consideration of Rs. 2000/-. The sale deed was to be executed within two years. That agreement was registered and Rs. 1000/- out of the agreed price of Rs. 2000/- were paid as earnest money before the Sub-Registrar, the balance of Rs. 100/- being payable at the time of the registration of the sale deed, In the meantime, a creditor of the defendant No. 1 attached the suit house in execution of a decree in Civil Suit No. 46-B of 1946 and the plaintiff got that house released from attachment on ...
Chalisgaon Shri Laxmi Narayan Mills Co. Ltd. Vs. Armitlal Kalidas Kanj ...
Court: Mumbai
Decided on: Dec-06-1962
Reported in: AIR1964Bom76; (1963)65BOMLR746; ILR1963Bom587
K.K. Desai, J.1. This is an appeal against the decision of the Civil Judge, Senior Division at Jalgaon, in Special Suit No. 26 of 1955, dated 11th April 1960, decreeing in favour of the plaintiff Rs. 49,673-6-0 with proportionate costs and further interest at 4 per cent per annum.2. The short relevant facts are as follows:By a provisional contract dated 2nd July 1950 (being Exh. 52-A), the appellant-defendants' Mills agreed to sell and the respondent-plaintiff agreed to purchase 1,49,693 yards of grey calendar long cloth for expert at the ex-Mill price of Re 0-10-9 per yard for July-August 1950 delivery. The provisional contract, admittedly, was made because of export control restrictions which were in existence at all material times. In pursuance of this provisional contract, the Mills agreed to sell and the plaintiff agreed to purchase by 3 contract in writing dated 24th July 1950 (being Exh. 57-A), the above, goods at the price as mentioned above. The relevant provisions in this con...
Registrar, High Court, A.S., Bombay Vs. S.K. Irani and anr.
Court: Mumbai
Decided on: Dec-05-1962
Reported in: AIR1963Bom254; (1963)65BOMLR131; 1963CriLJ603; ILR1963Bom115
Tambe, J.1. Both these matters can be disposed of by one judgment as they arise out of the same subject-matter. By Criminal Application No. 339 of 1952 the Government Pleader has moved this Court that opponents Nos. 1 to 3, viz., Mr. S. K. Irani, an advocate practising in this court, Mr. K. A. Master and Miss Master, have committed contempt of Court and action be taken against them under the Contempt of Courts Act and they be punished. Criminal Application No. 339 of 1962 has been made on the basis of a report made by Mr. A. G. Kotwal, 2nd Addl. Authority under the Payment of Wages Act, Greater Bombay.2. The facts in brief are:-- Mr. K. A. Master, the second opponent to Criminal Application No. 339 of 1962 had filed an application (Application No. 4492 of 1959) against M/s Jeena and Co. before the Payment of wages. Authority claiming certain amount as wages. This applicaiton was placed for disposal before Mr. A. G. Kotwal, 2nd Addl. Authority under the Payment of Wages Act, Bombay. It ...
Dwarkadas Nathamal Vs. Vimal Alias Yamuna and ors.
Court: Mumbai
Decided on: Dec-03-1962
Reported in: AIR1964Bom42; (1963)65BOMLR588; ILR1964Bom68
1. The question which falls for decision in this Second Appeal is whether the suit filed by the appellant to recover mesne profits of the years 1951-52 and 1952-53 is barred under Order 2, Rule 2 of the Code of Civil Procedure by reason of a previous suit which was filed by him on the 17th of February 1954 to recover mesne profits of the year 1950-51.2. Two agricultural lands bearing survey Nos. 41/1 and 63, situated at Brahma, District Akola, originally belonged to Uttamrao and others. In execution of a decree which was obtained by one Nathamal, the lands were put to sale and were purchased by the appellant who obtained actual possession thereof on the 5th of August 1950. The 1st defendant and the predecessors-in-title of some of the other defendants hereafter filed an application under Order 21, Rule 100 of the Civil Procedure Code stating that they were in lawful possession of the property and complaining that the appellant had unlawfully dispossessed them. That application was gran...
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