Mumbai Court July 1967 Judgments
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Merchant (N.E.) Vs. Bombay Municipal Corporation
Court: Mumbai
Decided on: Jul-31-1967
Reported in: (1968)ILLJ187Bom; 1967MhLJ1008
Palekar, J.1. This is a revision from an order of conviction and sentence passed by the Honorary Presidency Magistrate (Municipal Bench). Bombay, under S. 52(a) read with S. 7(2)(2A) of the Bombay Shops and Establishments Act, 1948. The applicants are chartered accountants carrying on their business in the name, N. E. Merchant & Co. Both of them are qualified chartered accountants entitled to practice as such in their own right. 2. One Narayan Mahadeo Malik, who is the inspector in the Shops and Establishments Department of the Bombay Municipal Corporation, visited the establishment of the applicants on 15 July 1965, and found the following contraventions of the Act, viz., the Bombay Shops and Establishments Act, 1948 : (1) The registration certificate was not displayed at a conspicuous place in the establishment. (2) Application in form B together with the prescribed fee for the renewal of the registration certificate No. B-II-1831 for the year 1965 was not submitted. 3. The learned m...
N.E. Merchant and anr. Vs. State
Court: Mumbai
Decided on: Jul-31-1967
Reported in: AIR1968Bom283; (1967)69BOMLR758; ILR1967Bom1392
Palekar, J. (1) This is a revision from an order of conviction and sentence passed by the Honorary Presidency Magistrate (Municipal Bench), Bombay, under S. 52(a) read with S. 7(2)(2-A) of the Bombay Shops and Establishments Act, 1948. The applicants are chartered accountants carrying on their business in the name Messrs. N. E. Merchant and Co. Both of them are qualified chartered accountants entitled to practise as such in their own right.(2) One Narayan Mahadeo Malik who is the Inspector in the Shops and Establishments Department of the Bombay Municipal Corporation visited the establishment of the applicants on 15-7-1965 and found the following contraventions of the Act, viz., the Bombay Shops and Establishments Act, 1948.(1) The registration Certificate was not displayed at a conspicuous place in the establishment. (2) Application in Form 'B' together with the prescribed fee for the renewal of the Registration Certificate No. B-II-1831 for the year 1965 was not submitted. The learne...
Damadar Gulabrai Belani and ors. Vs. Metharam C. Khahtwani
Court: Mumbai
Decided on: Jul-27-1967
Reported in: AIR1968Bom277; (1967)69BOMLR867; 1969MhLJ9
(1) This is a revisional application on behalf of the original plaintiffs against the decision of the Full Court of the Court of Small Causes dated February 11, 1964, whereby the Full Court dismissed the plaintiffs' Full Court Application No. 51 of 1961 on the ground that the decree challenged was passed in terms of the award and that against such a decree a Full Court Application was not maintainable under Section 38 of the Presidency Small Cause Courts Act.(2) The facts which require to be noticed are as follows:-One Gulabrai Kalyandas Belani prior to his death carried on business of warehousing and clearing agents in the firm name and style of Sindhi Clearing Agency. The opponent (original defendant) was employed in the above business by Gulabrai inter alia to recover amounts due to the Sindhi Clearing Agency. The petitioners are heirs of Gulabrai. The petitioners' case was that the opponent had recovered Rs. 1,660 from the debtors of the Sindhi Clearing Agency and had not accounted...
Dayabai and Co. Vs. Bapalal and Co.
Court: Mumbai
Decided on: Jul-27-1967
Reported in: AIR1968Bom279; (1967)69BOMLR796; 1968MhLJ231
(1) This is a revisional application on behalf of the attaching creditors. Attachment was levied on certain assets of Judgment-debtors original defendants on 12-11-1965. The Co-respondents in this revisional application claimed to be mortgagees of these very assets from a date much anterior to 12-11-1965. In the suit filed by them for enforcing their mortgage, an order dated November 9, 1965, was passed by the City Civil Court appointing Court Receiver as Receiver of these assets. Their case was that on November 10, 1965, when the agent of the Court Receiver attended at the place where the assets were stored, judgment-debtors (mortgagors) obstructed delivery of possession. Ultimately, when on November 13, 1965, the Court Receiver's agent reached the premises, he found that the assets were attached on November 12, 1965. These mortgagees, therefore, by a chamber summons applied to the City Civil Court for raising of the attachment. The application was under Order XXI R. 60 of the Code of...
Champalal Lakhichand Vs. Rupchand Supadu Patil and ors.
Court: Mumbai
Decided on: Jul-27-1967
Reported in: AIR1968Bom363; (1968)70BOMLR151; 1968MhLJ352
1. This is a second appeal by the decree-holder against the appellate order dated July 29, 1962, made by the District Judge, Jalgaon, in Civil Appeal No. 145 of 1962, whereby the learned Judge allowed the 1st respondent-judgment-debtor's appeal against the order dated April 12, 1952, passed by the trial Court and dismissed the decree-holder's darkhast application for execution. He ordered the parties to bear their own costs throughout.(2) One Lakhichand Chhaganlal, being the father of the appellant-decree-holder obtained a decree for Rs. 2,437-8-0 with interest on Rs. 2,250 and costs amounting to Rs. 346-15-0 in Regular Civil Suit No. 38 of 1954 against the judgment-debtor whose legal representatives are now the respondents in this appeal. The decree was made payable by annual installments of Rs. 1,000 each payable on January 15, 1956 and 15th January of each subsequent year. The installments due on January 15, 1956 and January 15, 1957, were paid off. The balance of the decretal amoun...
Nawab Sardar Meer Sultan Saheb Alim Khan Saheb Vs. R.R. Gibson
Court: Mumbai
Decided on: Jul-27-1967
Reported in: (1969)71BOMLR357
Bal, J.1. This is a petition by the plaintiffs-landlords whose suit for eviction against their tenant-defendant No. ] (opponent No. 1) and alleged sub-tenant-defendant No. 2 (opponent No. 2) was decreed by the trial Court but in an appeal filed by the defendants that decree was set aside and the suit was dismissed by the appeal Court.2. The facts of the case, in so far as they are relevant, may be briefly stated as follows:3. The premises in dispute are a flat and a garage in a building known as 'Belha Court' in the City of Bombay and are governed by the provisions of the Rent Act (Bombay Act LVII of 1947). The building belonged to one Nawab Sardar Haji Meer Musud Alamkhan Bahadur and his wife. By a settlement deed dated February 21, 1938, which is at exh. A in the proceedings, the Nawab and his wife created a trust in respect of this property for the benefit of themselves (during their life time), and their son and three daughters and constituted themselves and their son as the first ...
Yeshwant Bapuji Mokashi Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Jul-26-1967
Reported in: AIR1968Bom273; (1967)69BOMLR859; 1968CriLJ903; 1968MhLJ140
Palekar, J.(1) These are applications by one Yashwant Bapuji Mokashi by one of which he prays that one Malati Sitaram Mokashi be released from unlawful custody and by the other for action in contempt against two C. I. D. Officers, Sub-Inspector S. A. Shinde (Respondent 2) and Police Inspector Shravan Kiro Ahir (Respondent 3).(2) The facts leading to these applications are briefly these: On 25-6-1967 there was theft of nearly Rs. 84,000 in the Thana Branch of the Dena Bank. In connection with this theft the petitioner's brother Sitaram Bapuji Mokashi, who was the Accountant of the Bank, and the watchman of that bank were arrested on 27-6-1967. The offence was registered at the Thana Police Station. On 30-6-1967 the investigation was transferred to the C. I. D. Department, Bombay, and Shinde, Police-Sub-Inspector C. I. D. was deputed for investigation. In the course of investigation on 2-7-1967 Shinde arrested Malati Sitaram Mokashi, the wife of Sitaram Bapuji Mokashi and the sister-in-l...
Motsingh Vs. Bhaiyyalal
Court: Mumbai
Decided on: Jul-25-1967
Reported in: AIR1968Bom370; (1968)70BOMLR257; 1968MhLJ313
(1) This election petition under Section 81 of the Representation of the People Act, 1951, has been filed by the petitioner Motisingh to call in question the election of respondent Bhaiyyalal to the Maharashtra Legislative Assembly from the Tiroda Constituency held in February 1967.(2) Respondent Bhaiyyalal was elected the Vice-President of Zilla Parishad, Bhandara, in about November 1962. In view of the provisions of Section 83 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Maharashtra Act No. V of 1962), hereinafter called the Act he has been the ex-officio Chairman of two Subjects Committees. He has been continuing to hold that position of Vice-President of the Zilla Parishad and Chairman of the Subjects Committees all along from November 1962 till now. As the Chairman of the Subjects Committees, he is, under the provisions of Section 84 of the Act entitled to get, and has been getting, what is called an honorarium of three-hundred rupees per month and the use o...
Jeoomal Bhagchand Vs. S.P. Camp Mess Society C.A.D. Camp Pulgaon and o ...
Court: Mumbai
Decided on: Jul-21-1967
Reported in: AIR1968Bom206; (1967)69BOMLR875; 1967MhLJ959
ORDER(1) This revision application at the instance of the plaintiff challenges the order dated 12-9-1964, passed by Civil Judge, Senior Division Small Cause Court, Wardha, staying proceedings in the suit against the fourth defendant for apparently indefinite period. The applicant has filed Civil Suit No. 3 of 1964 against five persons. Among them is the fourth defendant Shri K. T. Thomas aged about 40 years, who was serving as a clerk in the C. A. D. Camp at Pulgaon but who has transferred to Poona. The first defendant is a Mess Society in the Pulgaon Military Camp and defendants 2 to 5 are members of that Society which is an unregistered body. As members of the Society, defendants 2 to 5 are responsible for its affairs and obligations. Defendants 3 to 5 are Secretaries of the Society and from time to time they purchased grain from the plaintiff under a mutual, open and current account. A balance of Rs. 551.31 P. remained unclaimed and the plaintiff therefore sued all the defendants fo...
Shriram Haribhau Mankar Vs. Madhusudan Atmaram Vairale
Court: Mumbai
Decided on: Jul-21-1967
Reported in: AIR1968Bom219; (1967)69BOMLR871; 1967MhLJ954
(1) The petitioner Shri. S. H. Mankar has challenged the election of the respondent as a member of the Maharastra Legislative Assembly from 104 Balapur Assembly Constituency in Akola District, at the recent elections held in February, 1967.(2) The petitioner was himself a candidate at such election. The petitioner had originally challenged the election of the respondent on two grounds. Firstly he contended that the respondent was holding an office of profit under the State of Maharastra and was therefore disqualified from being nominated to or becoming a member of the Maharastra Legislative Assembly under Article 191 of the Constitution. His second ground of attack was that the respondent had himself used his office and taken help of Government officials and vehicles to strengthen his election machinery.(3) Both these allegations were denied by the respondent in his written statement; but the petitioner made a statement before this Court on 24-6-1967 that he did not want to press the s...
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