Mumbai Court October 1963 Judgments
State Vs. Sheshappa Dudhappa Tambade
Court: Mumbai
Decided on: Oct-15-1963
Reported in: AIR1964Bom253; (1964)66BOMLR230; 1964CriLJ523; 1964MhLJ360
Gokhale, J. 1. A rather interesting question relating to the validity of Section 129A of the Bombay Prohibition Act, 1949 (Bombay Act XXV of 1949), arises in this reference made to this Court by the joint Civil Judge and Judicial Magistrate First Class, Islampur, under Section 432 of the Criminal Procedure Code. One Sheshappa Dudhappa Tambade of Chikorde in the Sangli District is charged with having committed offences under Section 85(1), (2) and (3) of the Bombay Prohibition Act and Section 186 of the Indian Penal Code. The allegation against the accused was that he was found drunk in a public place, incapable of taking care of himself and behaved in a disorderly manner under the influence of drink and had, as such committed offences under Section 85(1) (2) and (3) of the Act. The other charge against the accused was that he voluntarily obstructed a public servant in the discharge of his public functions, inasmuch as, he offered resistance to the medical officer before whom he was pro...
Tag this Judgment!Gopal Ramji Dhenge Vs. the Returning Officer, Lakhani Electoral Divisi ...
Court: Mumbai
Decided on: Oct-15-1963
Reported in: (1964)66BOMLR542; 1964MhLJ656
Abhyankar, J.1. This petition is filed by a voter under Articles 226 and 227 of the Constitution.2. The petitioner is a resident of village Kesalwada, in Sakoli tahsil of Bhandara district. His name has been included in the list of voters for the Electoral Division of Lakhani prepared under Section 13 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (hereinafter called the Zilla Parishads Act). The petitioner has given the serial number of his name in the voters' list of village Kesalwada which is 248 and Kesalwada is included in Lakhani Electoral Division of Bhandara Zilla Parishad.3. The election of Councillors to the Bhandara Zilla Parishad from Lakhani Electoral Division was ordered to be held by the Collector, Bhandara, who fixed a certain programme. According to that programme, nominations were to be received upto May 7, 1962, scrutiny of nomination papers was fixed for May 8, 1962 and candidates were allowed to withdraw from contest between May 12, 1962 to May ...
Tag this Judgment!Pheroze Jehangir Dastoor Vs. the State
Court: Mumbai
Decided on: Oct-14-1963
Reported in: AIR1964Bom264; (1964)66BOMLR225
ORDER1. This is an application in revision from the order of the Presidency Magistrate, 17th Court, Mazagaan, Bombay, dismissing the complaint on the ground that ho had no jurisdiction to entertain the same. The material facts may be briefly stated as follows: The complainant lodged a complaint in the Court of the Presidency Magistrate, 16th Court, Esplanade, Bombay, on 5-11-62 alleging that the three accused had committed offences under Sections 120-B, 403, 448, 341, 454 and 114 I. P. C. According to the complainant, these offences were committed in the year 1953 within the territorial limits of Daman, which was then a foreign territory, so far as India is concerned, and was Government hy the Portuguese Government. After the complaint was lodged, process was issued and the accused appeared before the Court on 14-3-1963. They raised the Question about the jurisdiction of tha Presidency Magistrate, Bombay, to entertain the complaint. Thereafter the case was adjourned to 9-5-63 for recor...
Tag this Judgment!George Fernandes Vs. the State of Maharashtra
Court: Mumbai
Decided on: Oct-01-1963
Reported in: (1964)66BOMLR185; 1964MhLJ297
Abhyankar, J.1. Though these two petitions under Article 226 of the Constitution have been wrongly registered as Criminal Applications, and in one of them (Criminal Application No. 43 of 1963) it is also shown in brackets that they are in the matter of habeas corpus, this is entirely incorrect. The petitions ought to have been registered as Special Civil Applications under Article 226 of the Constitution under which provision they have been made by the respective petitioners. They have been dealt with accordingly.2. The petitioner in Criminal Application No. 43 of 1963 is Shri George Fernandes, at present detained in the Nagpur Central Prison. Shri A.B. Bardhan has also been detained in the Nagpur Central Prison. It is from that prison that these two petitions have been forwarded to this Court through the Superintendent of the Jail.3. Shri Fernandes was detained under an order of detention dated April 4, 1963, passed by the Commissioner of Police, Greater Bombay, under Rule 30 of the D...
Tag this Judgment!In Re: Shree Madhav Mills Ltd.;
Court: Mumbai
Decided on: Oct-01-1963
Reported in: AIR1967Bom219; (1966)68BOMLR551; [1967(15)FLR430]; (1966)IILLJ827Bom
(1) This Summons is an appeal against the decision of the (Official) Liquidator of Shri Madhav Mills Ltd., dated 19-8-1963, whereby the Liquidator dismissed large parts of claims made by several ex-employees of the company. The ex-employees had claimed retrenchment compensation on he footing that the provisions in Section 25FFF of the Industrial Disputes Act, 1947, were applicable to the facts of their case. The relevant facts are as follows;The company carried on business of textile mills, Gill and Co. Private Ltd. applied to this Court for a winding up order against the company. Their case was that they had sold and delivered to the company 174 bales and another lot of 74 bales of cotton in September 1958. In respect of the balance of the price due, the company had handed over to the sellers a cheque for Rs. 32,414.45 np. but the same was dishonoured by non-payment. In spite of repeated reminders and Attorneys' correspondence, the company failed to pay the sellers the above amount of...
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