Mumbai Court October 1968 Judgments
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Bapu Dnyanu Patil Vs. Sadashiv Ramchandra Joshi
Court: Mumbai
Decided on: Oct-08-1968
Reported in: (1969)71BOMLR402; 1969MhLJ789
Patel, J.1. These three applications raise the question of construction of the provisions of Section 32P of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the Act of 1948). In each of these cases either the landlord or the tenant was a person under disability and the provisions of Section 32F had to be applied.2. In Special Civil Application No. 1159 of 1965 the proceedings were commenced under Section 32G of the Act. The Additional Mamlatdar fixed the value of the land and directed it to be paid by instalments as provided in his order. The appeal of the landlord before the Special Deputy Collector failed. The landlord took a revisional application to the Revenue Tribunal which was heard by a Bench consisting of the President, and a Member of the Tribunal. The Tribunal set aside the order on the ground that as Section 32P of the Act was applicable and as the tenant had not exercised the option within one year of his right to purchase having come into ex...
In the Matter of Seksaria Cotton Mills Ltd.
Court: Mumbai
Decided on: Oct-07-1968
Reported in: [1969]39ITR475(Bom)
Vimadalal, J. 1. This is a petition for winding up the Seksaria Cotton Mills Ltd., inter alia, on the ground of non-compliance with the statutory notice that has been given by the petitioner under section 434(1)(a) of the Companies Act. Mr. Khambatta has sought to contend that the company is not commercially insolvent and that its financial position is not such as to be unable to pay its debts. The petitioner's debt is an undisputed debt and, as stated in Palmer's Company Law 20th edition, page 697, the court will not listen to such a defence where the debt is undisputed. In the judgment delivered by me in In re Advent Corporation Pvt. Ltd. [1969] 39 Com. Cas. 463 in Company Petition No. 80 of 1968 on 19th September, 1968. I have taken the view that once there is non-compliance with a statutory notice, and the court comes to the conclusion that there is no bona fide dispute in regard to the petitioner's debt, the creditor is entitled to a winding up order ex debito justitiae. This cont...
In the Matter of Ovation International (India) P. Ltd. Grey Steel Cast ...
Court: Mumbai
Decided on: Oct-05-1968
Reported in: [1969]39CompCas595(Bom)
Madan, J. 1. This is a judge's summons under section 442 of the Companies Act, 1956, taken out by the applicants, Grey Steel Casting and Finishing Co. Private Limited, who have filed a petition to wind up the Ovation International (India) Private Limited (hereinafter referred to as 'the company') being Company Petition No. 87 of 1968 and which petition is still pending. In view of the facts which have come to light in the affidavit in reply filed on behalf of the first respondents, Adverts (Private) Limited, and the document which have been put in by consent, the only prayer in the summons which survives for consideration is the one asking for stay of the execution of the decree passed in favour of the first respondents against the company by the Bombay City Civil Court in Suit No. 4234 of 1968 on July 18, 1968, and for restraining the first respondents from taking any steps or proceedings in execution thereof. 2. In view of the argument advanced in support of some of the contentions r...
Abel Pakiam David Vs. the Poona Municipal Corporation
Court: Mumbai
Decided on: Oct-05-1968
Reported in: (1969)71BOMLR847
Patel, J.1. By this petition the petitioner challenges the order made by the Assistant Electoral Registration Officer, Shivajinagar constituency refusing to amend the legislative assembly electoral roll by including his name in part 49/73 of Shivajinagar Assembly constituency. The Poona Municipal Corporation was constituted in 1949 under the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter referred to as the Act). When this Act was framed it was found necessary to lay down certain rules, some of them merely being procedural in the form of Schedules for the purposes of municipal administration. Consistent with the principle adopted, in the Schedule Chapter I, Rules 1 to 6 were enacted for the purpose of the preparation and publication of the electoral rolls for the municipal corporation. Elections were held in accordance with the rules applicable under the Act. In 1961 by Ordinance No. Ill of 1965 later replaced by Act No. XXXIV of 1965, a fundamental change was effected ...
Ratnakar Bank Ltd., Kolhapur Vs. Bank Employees' Union, Kolhapur
Court: Mumbai
Decided on: Oct-04-1968
Reported in: (1969)IILLJ634Bom
Wagle, J. 1. This petitioner has been filed by the Ratnakar Bank, Ltd., with its head office at Kolhapur. The facts which have led to this petition are shortly the following. 2. On a dispute regarding wages and the fixation of the grades an award was given in reference (I.C.) Nos. 109 to 113 of 1963 on 25 July, 1964. Categories of the employees of the bank were then fixed in four grades. 3. The lowest grade was of the peons with a salary from Rs. 35 to 75, the next higher grade III was of clerk from Rs. 75, to 180; grade II was for sub-accountants, supervisors and/or inspector and cashiers Rs. 100 - 230 and the highest grade I was for accountants and branch managers Rs. 125 - 300. While this dispute was pending and the award had not materizlized, one A. J. Desai was appointed as a trainee at Vadgaon from 1 June, 1964. 4. On 5 January, 1965 he was appointed as a sub-accountant after his training period was over and posted at Single branch. On 1 June, 1965, he was transferred to Kolhapur...
Ramraj Sinh Thakur Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Oct-04-1968
Reported in: AIR1969Bom333; (1969)71BOMLR168; ILR1969Bom837; 1969MhLJ383
Patel, J.1. The petitioners in these two petitioners in these two petitions are tenants of the Housing Board. The competent officer in each case after issuing a show cause notice indicating the breaches of the terms of allotment of tenancies, and hearing the petitioners passed eviction orders. Petitioners filed appeals to the State Government. These appeals were heard by the Deputy Minister and the appeals were then dismissed by the State Government. The petitioners challenge the vires of the provisions of Chapter VA of the Bombay Housing Board Act, 1948, which permit eviction after a summary enquiry by a competent officer.2. Section 53-A of the said Act authorises the State Government to appoint as competent authority an officer who holds or has held an office no lower in rank than that of a Deputy Collector or an Executive Engineer. Section 53-A enables a competent authority, if satisfied, to evict (a) an authorised occupier if he has (I) not paid rent lawfully due from him in respec...
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