Mumbai Court July 1965 Judgments
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Ambadas Rambhau Gujar and anr. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Jul-29-1965
Reported in: (1965)IILLJ409Bom
1. This is a petition filed to challenge the validity of the notification dated 9 January, 1963 issued by the State Government under S. 5(1) of the Bombay Shops and Establishments Act, 1948 (hereinafter referred to as the Act), and for an injunction restraining respondent 2 who is the Inspector of Shops and Establishments, Bombay Municipal Corporation, from proceeding with certain criminal proceedings adopted by him against petitioner 1 in the Court of the Presidency Magistrate. The petitioners carry on business of tailors and outfitters. They say that in most of the tailoring establishments including their establishment, the practice consistently has been to keep one or two persons who are full time cutters. Such cutters do the main work of taking measurements and marking and cutting out the cloth. These persons are truly called the tailors. In addition to these cutters, most of the tailoring establishments entrust the work or job of stitching of garments to other persons who are know...
V.V. Iyer Vs. Jasjit Singh
Court: Mumbai
Decided on: Jul-26-1965
Reported in: (1972)74BOMLR77
Tambe, Actg. C.J.1. This is an appeal against the judgment of Mr. Justice K.K. Desai of date March 29, 1962, dismissing the appellants Petition under Article 226 of the Constitution of India, wherein he had challenged the validity of the order dated May 25, 1960 made by the Collector of Customs, respondent (No. 1) hereto, imposing a penalty of Rs. 80,000 under the provisions of Section 167(8) of the Sea Customs Act against the firm of M/s. New India Corporation, wherein the appellant was, at the material time, a partner. Facts giving rise to this appeal in brief are:2. At the material time the appellant was a partner in a partnership concern doing business under the name and style of M/s. New India Corporation, Bombay. The firm, inter alia, was doing the business of importing plantation machinery, agricultural machinery, implements, accessories and component parts thereof. The firm was the sole agent for selling agricultural machinery and implements manufactured by a German concern Car...
Manibai and anr. Vs. Raj Kumar Harpal Deo and anr.
Court: Mumbai
Decided on: Jul-23-1965
Reported in: AIR1967Bom92; (1966)68BOMLR180; ILR1966Bom659
Patel, J.(1) The appellants are the widow and sons of one Lallu Rathod, who died in a motor accident. The accident occurred on 25th May 1957 at about 1-25 P. M. at the junction of the Queens's Road and the Princess Street, by car bearing No. BMZ 6532. The car belonged to respondent No. 1 and was being driven either by respondent No. 2 or respondent No. 3. As the plaintiffs had not enough funds to pay court fees, they filed an application to sue in forma pauperis in the City Civil Court about the early part of 1958. They claimed Rs. 15,000/- as damages on all grounds, for the death of Lallu Rathod.(2) The application was pending before the Registrar for enquiry into their pauperism in November 1960. In October of 1959 by notification dated 28th October 1959 the State Government constituted a Motor Accidents Claims Tribunal with effect from 1st December 1959 under section 110 of the Motor Vehicles Act 1939. It appears that in view of section 110-F of the Said Act the Registrar of the Cit...
The Government Pleader, High Court Vs. S.L. Jain
Court: Mumbai
Decided on: Jul-22-1965
Reported in: (1965)67BOMLR901
K.K. Desai, J.1. This Civil Revision Application arises out of the order dated February 20, 1961, passed by the Taxing Master of this Court on a reference made to him under Section 5 of the Bombay Court-fees Act, 1959. The Taxing Master was called upon to determine the Court-fees payable by opponent No. 1 on the petition for winding up that he had filed for winding up of opponent No. 2 company, i.e. Warden Insurance Co. Ltd. Doubts arose as to the Court-fees payable, because there is clear provision in Article 34 in Schedule II to the Bombay Court-fees Act that on a petition to the Court under Section 439 of the Companies Act for winding of a company the Court-fee is fifty rupees. The case of opponent No. 1 was that the petition in question had not been filed under the provisions of Section 439 of the Indian Companies Act. His petition for winding up was filed under Section 53(1) of the Insurance Act, 1938. His contention was that to his petition the provisions in Article 1(iii) in Sch...
Gajanan Vishwanath Ketkar Vs. the State
Court: Mumbai
Decided on: Jul-21-1965
Reported in: AIR1967Bom96; (1966)68BOMLR321; 1967CriLJ427; ILR1966Bom839
Naik, J.(1) This ia an application by Gajanan Vishwanath ketkar under Section 491, Cr. P. C. and Art, 226 of the constitution of India for a Writ of habeas corpus challenging the order of detention passed against him on 24-11-64. The petitioner has alleged that his detention is actuated by malice and that it cannot be justified for the reasons for which it purports to have been made. The averments contained in the petition may be outlined as follows. The petitioner has given his antecedents in the first ten paragraphs of the petition. He is an old man of 67 years . He is a double graduate of the Bombay University. He is the grandson of the late Lokmanya Bal Gangadhar Tilak. He has been in public life for the past forty-five years. He was convicted during the Salt Satyagrah movement when he participated in what is historically known as Dandi march in 1930. In 1935 he was the President of the Maharashtra Provincial Congress Committee. He was founder Secretary and President of Gita Dharma...
Gagandas Hotchand Vs. J.S. Bajaj
Court: Mumbai
Decided on: Jul-20-1965
Reported in: (1965)67BOMLR911
Patel, J.1. This petition under Articles 226 and 227 of the Constitution raises a question of construction of the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, which hereafter will be called 'the 1934 Act' and the rules framed under it. The facts leading to the petition are few and are as follows :2. The two petitioners are father and son who are joint with five other sons of petitioner No. 1. When they came to India in the wake of the partition, they left agricultural land and some houses in West Pakistan. They made claims under the Displaced Persons Claims Act, 1950. The claims were assessed and verified at Rs. 20,000 for houses etc. and two and a half standard acres and five and a half gunthas of agricultural land. The claim for houses became reduced to Rs. 17,111, It may be stated that all the properties were situated in rural area.3. After migration here the petitioners carried on business in Bhir in the name of Awatrai Radhakishan. In January 19...
Tukaram Zipru Wani Vs. Baban Dhondu Deshmukh
Court: Mumbai
Decided on: Jul-20-1965
Reported in: (1965)67BOMLR908; 1966MhLJ171
Patel, J.1. This petition arises out of an execution proceeding commenced by the petitioner against his judgment-debtor respondent No, 1.2. Respondent No. 1 was the owner of two lands survey numbers 204 and 221, measuring 6 acres 15 gunthas and 6 acres 4 gunthas, in the village of Bhadgaon in Jalgaon District. He held these lands as Class V Inam. In 1950, the Bombay Paragana and Kulkarni Watans (Abolition) Act was passed, as a result of which the lands became resumed by the Government. They were retransferred to respondent No. 1, on his paying occupancy price equal to twelve times the amount of the full assessment. The petitioner obtained his decree in Regular Suit No. 57 of 1950 and sought to proceed in execution against these two survey numbers by attachment and sale of the properties in Darkhast No. 218 of 1958. Respondent No. 1 contended that these lands could not be sold as they were re-granted to him on limited tenure and were inalienable under the provisions of Section 4, Sub-se...
Maruti Shidalappa Vs. Shivappa Mallappa Chaugule and anr.
Court: Mumbai
Decided on: Jul-15-1965
Reported in: AIR1967Bom39; (1966)68BOMLR283
(1) This second appeal has been filed by a judgment-debtor whose property, consisting of an agricultural land, was sold in Court auction in execution of a money decree passed against him. The auction sale took place on 30th January 1961 when the property was purchased by respondent No. 2 for Rs. 2,100. Before the auction sale was confirmed, and within 30 days of the auctionsale, the judgment-debtor paid in Court on 28th February 1961 the full amounts which were required to be paid under Order 21, Rule 89 of the Civil Procedure Code for having the sale set aside. On the Same day (18th February 1961) he filed in Court a Purshis (Exhibit 35) in which he stated that he had deposited the amount of Rs, 1,180 and odd, which was mentioned in the proclamation of sale, for the purpose of having the amount handed over to the decree-holder, that he had also deposited an amount of Rs. 105 for being given by way of compensation to the auction purchaser as the purchase price was Rs. 2,100, and that t...
Mrs. Khairunnissa A.K. Siddiki Vs. the Municipal Corporation of the Ci ...
Court: Mumbai
Decided on: Jul-09-1965
Reported in: (1965)67BOMLR903
Patel, J.1. This is an appeal by the widow and two children of one Siddiki who died as a result of a collision between a municipal car BMU 1274 in which he was riding and a bus No. 9481 belonging to the Bombay Electric Supply and Transport Undertaking of the Bombay Municipal Corporation.2. The deceased was an employee of the Corporation in the Fire Brigade Department. The car BMU 1274 belonging to the Corporation was maintained for the transport of the Fire Brigade Chief Officer. On the day of the accident, i.e. February 10, 1960, the deceased Siddiki, appellant No. 1 and her two children were travelling in the car which was being driven by respondent No. 5. Near the Mahalaxmi Bridge, the bus collided against the car, as a result of which Siddiki and his two children died, while appellant No. 1 sustained serious injuries. On March 4, 1960, appellant No. 1 addressed two notices, one to the General Manager, B.E.S.T. Transport House, and the other to the Municipal Commissioner, Bombay Mun...
PravIn Sankalchand Shah Vs. D.B. Dalal (Official Liquiddator)
Court: Mumbai
Decided on: Jul-07-1965
Reported in: [1967]37CompCas317(Bom)
1. The facts giving rise to the present judge's summons dated 11th June, 1965, taken out by the applicant, Pravin Sankalchand Shah, for vacating the order passed by this court on 2nd March, 1963, directing private examination of several persons in so far as it relates to the applicant himself under section 477 of the Companies Act (1 of 1956) may be stated: The Colaba Land and Mills Co. Ltd. (hereinafter referred to as the company) was by an order dated 7th October, 1959, directed to be wound up and the official liquidator was appointed the liquidator of the company with all the powers. It appears that the company was ordered to be wound up, inasmuch as it was found that the affairs of the company had been mismanaged for a number of years, that the loss caused to the company as a result of such mismanagement ran into lakhs of rupees and that further investigation was necessary in order to bring to light the acts of mismanagement and frauds perpetrated during such mismanagement. ON 21st...
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