Mumbai Court December 1967 Judgments
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Ramchandra Shankar Kad Vs. Shankar Genu Kad
Court: Mumbai
Decided on: Dec-11-1967
Reported in: AIR1968Bom388; (1968)70BOMLR222; 1968MhLJ492
(1) This is a revision application under the provisions of Section 115 of the Code of Civil Procedure against the order dated 15th September 1966 of the learned Civil Judge, Junior Division Saswad, Poona, ordering the petitioner to permit a sample of his blood to be taken by the Civil Surgeon, Poona, for blood grouping test and his opinion as to whether the petitioner is or is not the son of the respondent.(2) The facts leading to this case are that the petitioner filed a suit in the Court of the learned Civil Judge, Junior Division, Saswad, Poona for partition and possession of a one-third share in the alleged ancestral property of joint Hindu family consisting of the petitioner the respondent and the original defendant No. 2 who is his mother and the wife of the respondent. The case of the petitioner was that the respondent is his father and the defendant No. 2 who is not a party to this revision application, is his mother and that he was entitled to a one-third share in the property...
Indian Express Newspapers (Bombay) Ltd. Vs. Basumati Private Ltd.
Court: Mumbai
Decided on: Dec-07-1967
Reported in: AIR1969Bom40; (1968)70BOMLR195
K.K. Desai, J.1. This is the plaintiff's appeal from the order dated March 30, 1966, passed by Mr. Justice Mody on the defendants' Notice of Motion dated February 11, 1966, whereby the Summary Suit No.4 of 1966 was stayed pending the hearing and final disposal of the defendants' Suit No. 2270 of 1965 in the High Court at Calcutta with liberty to the plaintiffs to proceed with their above suit in so far as it concerned the plaintiffs' two claims of Rs. 5000/ and Rs. 582/-. The costs of the Notice of Motion were made costs in the cause.2. The relevant facts are as follows:3. In March 1963 the plaintiffs sold and the defendants purchased from the plaintiffs Hoe Rotary Printing Machine for the price of Rs 2,50,000. Originally, the defendants had executed in favour of the plaintiffs' Bankers a demand promissory note thereunder promising to pay the said price along with interest at 71/2 per cent per annum. The plaintiffs demanded payment of the price repeatedly by correspondence which forms ...
Lakhamshi Hiralal and Co. Vs. Damji Khimji and Co.
Court: Mumbai
Decided on: Dec-07-1967
Reported in: AIR1969Bom73; (1968)70BOMLR394; ILR1968Bom855; 1968MhLJ835
ORDER 1. This is a revision application under the provision of Section 115 of the Code of Civil Procedure against an order dated 30th April 1964 passed by a Judge of the Bombay Small Causes Court dismissing the petitioner's ejectment application field under the provisions of Section 41 of the Presidency Small Cause Courts Act on the ground that the annual value of the premises at rack rent exceeds Rs. 3,000 and, therefore, the Bombay Small Causes Court had no jurisdiction to entertain, try and determine the said application. 2. The petitioners are the tenants of a godown on the ground floor of Botawala building at Narshi Natha Street, Bombay 9, at a rental of Rs. 188 per mensem. By an agreement dated 27th October 1960, the petitioners granted leave and licence to the respondents to use and occupy a portion of the said godown at a licence fee of Rs. 260 per mensem. The petitioners claim to have terminated the said leave and licence and have filed an application under Section 41 of the ...
Yadneshawar Madhav Bhawe Vs. Mango Raoji Patil
Court: Mumbai
Decided on: Dec-05-1967
Reported in: AIR1969Bom74; (1968)70BOMLR438; ILR1968Bom743
Tarkunde, J.1. This Revision Application arises from a Darkhast filed by the petitioner for executing an award passed under the Bombay Agricultural Debtors Relief Act. The opponent was the agriculturist debtor in respect of whose debts the award was passed. It was provided in the award that the opponent should deposit in court annual instalments of Rs. 375 each. The amount paid by instalments was to be first utilised in discharging the dues of two mortgages. After the mortgagees were paid off, the dues of unsecured creditors were to be satisfied by rateable distribution of subsequent instalments. the petitioner was one of the unsecured creditors and was entitled to recover an amount of Rs. 1200 with interest at 4 per cent per annum. The first instalment of Rs. 375 was payable by the opponent on 15th December 1953. The opponent having failed to pay any of the instalments, the petitioner filed on 8th January 1964 a Darkhast for executing the award. The trial Court dismissed the Darkhast ...
Union of India Vs. Sugrabai and ors.
Court: Mumbai
Decided on: Dec-04-1967
Reported in: AIR1969Bom13; (1968)70BOMLR212; ILR1968Bom998; 1968MhLJ468
Tarkunde, J.1. On 13th September 1960 one Abdul Majeed was going on a bicycle from Bhagur to Deolali camp near Nasik. At that time defendant No. 1, who was a driver employed in the defence department, came in a military truck from the opposite direction. The military truck dashed against the bicycle of Abdul Majeed with the result that Abdul Majeed received severe injuries and died on the spot. He left behind his young wife and six minor children. The wife and the children filed a pauper suit for the recovery of damages estimated at Rs. 30,000 from defendant No. l and from the Union of India defendant No.2. The plaintiffs alleged in the plaint that the accident occurred because of the rash and negligent driving of defendant No. l, that defendant No. l was on Government duty when the accident took place, and that both the defendants were liable for damages. In his defence, defendant No. l denied that he was rash or negligent in driving the truck and further pleaded that the amount of da...
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