Mumbai Court August 1965 Judgments
Rustamji Cawasji and ors. Vs. General Cotton Mills Ltd. and ors.
Court: Mumbai
Decided on: Aug-31-1965
Reported in: AIR1967Bom73; (1966)68BOMLR158; ILR1966Bom740
ORDER(1) In this revisional application, the petitioners seek to challenge the order of the learned Civil Judge, Senior Division, Jalgaon, granting leave to the two opponents who are liquidators of General Cotton Mills Ltd., to sue as paupers.(2) As this is a pauper matter, the question of Court-fee is involved. The Government Pleader appears in the matter today as he came to know of it. He waives notice and wants to appear in the case. I grant him permission to appear.(3) The said Company viz., Gendalal Cotton Mills Ltd., stopped working on July 29, 1954, and a petition was presented for winding it up on the same day in the District Court. The order for winding up was made on November 3, 1954, and a liquidator was appointed. The liquidator was an Advocate of that Court. As he could not carry on the proceedings, he resigned on May 8, 1955. On June 6, 1955, the two opponents namely Opponent No. 1-A and B, were appointed joint liquidators. The petitioners are the trustees under a debentu...
Tag this Judgment!Devidasrao Janardanrao Vs. Rangnath Ramji Kirdat and anr.
Court: Mumbai
Decided on: Aug-31-1965
Reported in: AIR1967Bom155; (1966)68BOMLR164; ILR1966Bom872
Chainani, C.J.(1) These five applications have been heard together, as they raise a common question whether for the purpose of determining the area which a protected tenant is entitled to purchase under the provisions of section 38-E of the Hyderabad Tenancy and Agricultural Lands Act (hereinafter referred to as the Act), the area of land which the landholder holds outside the territory to which the Act applies can be taken into consideration.(2) The facts in Special Civil Application No. 205 are that the petitioner is the landholder of survey No. 149-A measuring 7 acres and 38 gunthas. This land is being cultivated by opponent No. 1 (hereinafter referred to as the opponent) as a tenant, The area of a family holding in the local area in which the land is situated is 30 acres. The petitioner owns considerable land in Barsi Taluka exceeding 60 acres. The Tehsildar was of the opinion that as the total holding of the petitioner, including his lands in Barsi Taluka, was more than two family...
Tag this Judgment!Employees' State Insurance Corporation Vs. Burmah-shell Oil Storage an ...
Court: Mumbai
Decided on: Aug-26-1965
Reported in: (1965)IILLJ472Bom
1. This is an appeal by the Employees' state Insurance Corporation (hereinafter referred to as the corporation) against the decision of the learned Judge, employees' Insurance Court, Bombay, who dismissed an application made by the Corporation under S. 66 of the Employees' State Insurance Act, 1948 (hereinafter referred to as the Act), for reimbursement by the employer of a sum of Rs. 1,207.69 representing the total of the periodical payments made under the Act by the Corporation to one Mohamed Sayed (hereinafter referred to as the injured person), who was injured. On 2 December, 1960 Mohamed Sayed joined duty at 8 a.m. and was working on a power press. At about 10-45 a.m. he was feeding sheets in the press for giving them the side shape of the kerosene tin. At that time the sheet got stuck up in the die and he was straightening out the sheet. He put his hand from the side through a gap of about 1 inch to manipulate the sheet and accidentally put his leg on the pedal of the press. As a...
Tag this Judgment!Kazi FaizuddIn Kazi AzimuddIn Vs. Kashinath Dada and anr.
Court: Mumbai
Decided on: Aug-23-1965
Reported in: AIR1966Bom215; (1965)67BOMLR892; ILR1966Bom469
Chainani, C.J.(1) The petitioner was the holder of an inam land, which had been granted as Inam for the performances of services of Kazat. An inquiry was held by t he Deputy collector as the whole this inam was abolished b the Hyderabad political of Inam and Cash Grant Act 1954. It has Abolished was urged on behalf of he petitioners was in inam Kazat, an institution viz., as sub - section [2] on Cash Act by or for the benefit applications out institutions. This constitutions by the Deputy Commission the opinion that the Kazat is not religious institution but that it is a community service. He therefore held that the inam had been abolished an that the inam land vested in the state with the effect from 1-7-1960. This order was confirmed in appeal by the state government.(2) The Muntakhab shows that the inam has been granted for performing the services of 'Kazat' According to Blatt's Urdu English dictionary 'Kazi' mean 'The function or officer of a Kazat' and some of the function of a ka...
Tag this Judgment!Sunder Parmanand Lalwani and ors. Vs. Caltex (India) Ltd.
Court: Mumbai
Decided on: Aug-20-1965
Reported in: AIR1969Bom24; (1968)70BOMLR37
Mody, J.1. This appeal concerns a dispute over a Trade Mark. The Trade Mark is the word 'Caltex' per Se.2. One Parmanand Teckchand Lalwani, carrying on business under the name and style of Lalwani Brothers, filed an application for registration of the said Trade Mark in respect of Class 14, but confined to 'Horological and other Chronometric instruments and parts there-of' included in Class 14. In the application, the applicant claimed to be proprietor of the mark on the ground that the mark bad been used since 'one and a half year.' On the 11th September 1958, Caltex (India) Limited filed their opposition in the matter of the said application. The Opponents contended that they were proprietors of the said mark in Class 4 and Class 19; that they had used that mark in India in respect of their goods since the year 1937; that they had carried on wide publicity; and that, therefore, the applicant's proposed trade mark being identical with their own was likely to deceive or cause confusion...
Tag this Judgment!Rangubai Vs. Laxman Lalji Patil
Court: Mumbai
Decided on: Aug-20-1965
Reported in: AIR1966Bom169; (1966)68BOMLR74; ILR1966Bom728
Patel, J. (1) This second appeal has been referred to a Division Bench by Chandrachud J., as it raise the important question of interpretation of S. 6 of the Hindu Succession of Act, 1956, and also as some doubt was entertained by the learned of the Division Bench in Shirmabai Bhimgonda v. Kalgonda Bhimgonda, : AIR1964Bom263 of which I was a member.(2) The facts are the plaintiff is the widow of Lalji patil. At this death, he left the plaintiff and the defendants his adopted son. The window filed the present suit, claiming half share in the property. The trial court granted one-sixth share to her and the learned assistant judge with slight modification confirmed this decree.(3) The editor of Sir Dinshaw Mulla's principles of Hindu Law. Expresses the opinion that in view the Explanation to S. 6 of the Hindu Succession Act, 1956, only one - third share in the coparcenery property would-be available for distribution - in this case between the plaintiff and the defendants - and if this is ...
Tag this Judgment!Jam Manufacturing Co. Ltd. Vs. Sadashiv Sitaram
Court: Mumbai
Decided on: Aug-20-1965
Reported in: AIR1967Bom43; (1966)68BOMLR152; ILR1966Bom716
Patel, J.1. This revisional application arises out of an ejectment proceeding taken by the plaintiff-petitioners against their tenant, one janabai Bapuji. The plaintiff gave a notice to the tenant terminating her tenancy on the ground that she was in arrears of rent from July to December 1959. the notice was given on 28th January 1960. thereafter, the petitioners filed the suit on 20th of June 1960 in the Small Cause Court at Bombay under the Rent Restriction Act. The tenant contested the proceeding. She contended that she was a tenant for about 20 years. She admitted the notice but said that after the receipt of the notice she offered part of the rent to the plaintiff as she was out of work but the plaintiff refused to accept the same and demanded all the arrears. She stated that she should be allowed to pay the rent by instalments. During the pendency of the suit, she died. The opponent was brought on record. he claimed to be the son of the deceased and also claimed that he was livin...
Tag this Judgment!Kirshna Gundu Potjate and anr. Vs. State
Court: Mumbai
Decided on: Aug-17-1965
Reported in: AIR1966Bom145; (1965)67BOMLR822; 1966CriLJ650; ILR1966Bom411
ORDER(1) The petitioners are two police constables who were formerly attached to the Jaisingpur Outpost. On 7-9-1962, one Bhupal Anna Chougule was murdered. Two persons were persecuted in connection with that offense, but they were acquitted. The allegation against the petitioners was that they had taken some illegal gratification of and had tried to shield the culprits and that that they had thereby committed offenses under Ss. 193, 201, 204 and 217, Indian Penal Code. They were arrested and released on bail. These offenses were investigated by the police but after the acquittal of the accused who were tried on the charge of murder ,the police come to the concussion that it would be difficult to obtain a conviction of against petitioners. They therefore sent a report of judicial magistrate concerned under S. 173, criminal procedure code and asked for a non - cognizable summary in respect of the offenses alleged the petitioners. The learned Magistrate, however, granted 'A' Summary. Bei...
Tag this Judgment!Bombay Port and Dock Employees' Union and Anr. Vs. Meher (M.R.) and An ...
Court: Mumbai
Decided on: Aug-17-1965
Reported in: (1965)IILLJ687Bom
Patel, J.1. Petitioner 1 is the Bombay Port and Dock Employees' Union registered under the Indian Trade Unions Act and petitioner 2 is a worker in the workshop of respondent 2, Scindia Workshop, Ltd. 2. In 1948, there was an agreement between the company and its workmen produced at Ex. A, by which classification of employment was made, and introduced wage-scales for different categories of the workmen. Fresh disputes were raised in 1955 and an award was obtained from the industrial tribunal which, in some measure, modified the earlier agreement between the parties by raising the wages in the different scales but the classification continued as before. By a charter, the workmen made 35 demands against respondent 2. The State Government by its order dated June 13, 1963 referred these demands to the industrial tribunal for adjudication. The matter was taken up on June 18, 1963 when notices were issued to the respective parties. Both the parties filed their statements of claim and the matt...
Tag this Judgment!Kapoor Silk Mills, Bombay Vs. Mill Mazdoor Sabha, Bombay and ors.
Court: Mumbai
Decided on: Aug-16-1965
Reported in: (1967)IILLJ89Bom
Patel, J.1. This petition is by the employer of Silk-printing factory against the award of the industrial tribunal dated November 15, 1963. The dispute is between the employer on the one hand and the employees of the other petitioner on the other. Respondents 3 and 4 are two of the workers representing the workers of the petitioners' firm. On July 31, 1956 there was an agreement between the employees and the employers regarding wage-scales and classification. Under this agreement wages for different classes of employees were fixed. It appears that by a notice the employers terminated the agreement on May 1, 1959 on the ground of stringent financial circumstances. The workmen made a demand for revision of the scales and other matters and accordingly a reference was made on January 27, 1963. They had made five demands and all these were referred to the industrial tribunal. They were as follows : (1) All the workmen should be classified and paid basic wages as per the scheme of wages in t...
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