Mumbai Court December 1963 Judgments
Shiramabai Vs. Kalgonda Bhimgonda and ors.
Court: Mumbai
Decided on: Dec-18-1963
Reported in: AIR1964Bom263; (1964)66BOMLR351
Patel, J. 1. The question in this case is one of interpretation of Section 6 of that Hindu Succession Act 1956. 2. One Bhimgonda died leaving behind him, the plaintiff his widow, a son defendant No. 1, three daughters defendants, 2, 3 and 4 by his predeceased wife Anjanabai. Bhimgonda and his son formed a coparcenary and owned the suit property. Jangonda defendant No. 5 is the father of Anjanabai and defendants Nos. 6 and 7 are two co-sharers of some properties. The plaintiff filed this suit, for partition and possession of her share in the properties-claiming that she was entitled to 1/3 plus 1/15 i.e. 2/5. Defendant No. 1 contended that she was entitled to only. 1/10th share and no more. The learned trial Judge has. held that the plaintiff has 2/5th share in the family properties, and the learned District Judge has held that the plaintiff is entitled to 1/15th share, but as the defendants had admitted it to be 1/10th, he decreed accordingly. The question that arises is not easy to an...
Tag this Judgment!Bhausa Hanmantsa Pawar Vs. the State of Maharashtra
Court: Mumbai
Decided on: Dec-18-1963
Reported in: (1964)66BOMLR362; 1964MhLJ401
V.S. Desai, J.1. This is an application under Article 226 of the Constitution of India praying for appropriate writs, directions and orders for quashing the 12 prosecutions, which have been launched by the respondent, the State of Maharashtra, against the petitioner. The charge-sheets in respect of these cases have been submitted in the months of August and October 1962 and the offences to which the cases relate, are offences under the Prohibition Act alleged to have been committed by the petitioner in ten cases between the dates October 23, 1960 and July 20, 1961 and in the remaining two eases on April 4, 1957, and November 9, 1958, respectively. The petitioner is a manufacturer of a preparation known as 'Angurasav'. The petitioner claims that this is an Ayurvedic medicinal preparation prepared according to the formula given in the 3rd edition of the 'Asavrishta Sangrah' by one Badriprasad Garg. No alcohol is used in the preparation but it is generated by a process of fermentation to ...
Tag this Judgment!State Vs. Drupati Sahijisingh Bhawnani
Court: Mumbai
Decided on: Dec-17-1963
Reported in: AIR1965Bom6; (1964)66BOMLR281; 1965CriLJ15; ILR1964Bom656
ORDER1. This is an application by the State for enhancement of sentence. Opponent Kumari Drupati Sahijising Bhawanani whose age, as stated by her counsel, is about 35 years was tried before the Chief Presidency Magistrate, Esplanade, Bombay, on two charges. The first charge was that on 8-6-1962 the accused knowingly and with intent to defraud the Government of duty amounting to Rs.2,460/- payable on wrist watches, watch straps and rings and Rs.2,241.22 nP. on other dutiable articles and/or with a view to evade prohibition and /or restriction for the time being in force by virtue of the Sea Customs Act on import thereof, acquired possession of the same and was concerned in carrying, keeping, removing, concealing and otherwise dealing with the same and thereby committed an offence under Section 167 (81) or the Sea Customs Act, 1878. The second charge was that on the same day she imported the said wrist watches, watch straps, rings and other dutiable articles in contravention of the Impor...
Tag this Judgment!Poona Electric Supply Company Ltd., Poona Vs. Industrial Tribunal (S. ...
Court: Mumbai
Decided on: Dec-12-1963
Reported in: (1965)ILLJ485Bom
Palekar, J.1. This petition under Arts. 226 and 227 of the Constitution questions the legality of the order passed by respondent 1 in a reference under the Industrial Disputes Act, 1947. The petitioner is the Poona Electric Supply Company, Ltd., and respondents 2 and 3 are the trade unions representing the workmen employed by the petitioner. On 24 August 1962, respondent 2 gave a strike notice calling upon the petitioner to concede some of their demands which included a demand for bonus. They claimed that every worker should be paid bonus equal to 50 per cent of his total earnings during the year 1961-62. As the petitioner is a public utility service, the matter came before the conciliation officer who, after holding conciliation meetings brought the parties to an agreement. A settlement was arrived at and the demand for bonus made on behalf of the workers was as follows :- 'Every worker should be paid bonus for the year ending 31 March, 1962 equal to 50 per cent of his total earnings ...
Tag this Judgment!Hans George Vs. State
Court: Mumbai
Decided on: Dec-10-1963
Reported in: AIR1964Bom274; (1964)66BOMLR262; 1964CriLJ650; ILR1964Bom319; 1964MhLJ441
Chandrachud, J.1. The appellant Mayer Hans George, who is a German National, has been sentenced to a year's term by the leaned Presidency Magistrate, 23rd Court, Bombay, for offences under Section 23(l-A)(a) of the Foreign Exchange Regulation Act, 1947, and See. 167(81) of the Sea Customs Act, 1878. Stated simply, the charge against the appellant is that he brought gold into India without the permission of the Reserve Bank of India and with intent to defraud the Government of the duty payable thereon.2. The facts which are relevant for the decision of this appeal are mostly admitted. The appellant boarded a Swiss Air Plane at Zurich, Switzerland, on the 27th of November 1962, holding a ticket for Manila, Phillipines. The plane touched the Santacruz-Airport, Bombay, at 6.05 a.m. on the 28th for a brief halt. Acting on previous information, two Customs Officers, Turilay and Bhappu, looked out for the appellant and not finding him in the Transit Passengers' Lounge, they boarded the plane ...
Tag this Judgment!Keki Ardeshir Master Vs. Kotwal A.G.
Court: Mumbai
Decided on: Dec-04-1963
Reported in: 1963MhLJ382
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 1932 the Government Pleader has moved this Court that opponents 1 to 3, viz., S. K. Irani, an advocate practicing in this Court, 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 BRI A. G. Kotwal, Second Additional Authority under the Payment of Wages Act, Greater Bombay. 2. The facts in brief are : K. A. Master, opponent 2 to Criminal Application No. 339 of 1962 had filed an application (Application No. 4492 of 1959) against Jeena & Co. before the Payment of Wages Authority claiming certain amount as wages. This application was placed for disposal before Sri A. G. Kotwal, Second Additional Authority under the Payment of Wages Act, Bombay. It appears that the ...
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