Mumbai Court November 1968 Judgments
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Rangrao Bhausaheb Nalawade and anr. Vs. Bhimrao Babu Dhole and ors.
Court: Mumbai
Decided on: Nov-08-1968
Reported in: AIR1969Bom433; (1969)71BOMLR485; 1969MhLJ746
Nain, J.1. This is a petition under Articles 226 and 227 of the constitution of India for setting aside an order dated 8th August 1968 made by the learned Assistant Judge, Kolhapur, in Miscellaneous application No. 76 of 1967 in an election petition and for declaring the petitioners to be duly elected as members of Panchayat Samiti Panhala from Wadiratnagiri constituency.2. On 31st July 1967 election for Panchayat Samiti Panhala from Wadiratnagiri constituency was held. It was a two-member constituency. The petitioners Nos. 1 and 2 and respondents Nos. 1 to 3 were the candidates for these two seats. Respondent No. 4 is the Returning Officer and respondent No. 5 is the learned Assistant Judge.3. The votes were counted on 2nd August 1967 by the Returning Officer and he found that the petitioner No. 1 polled 69 votes, respondent No. 1 polled 69 votes and respondent No. 2 having polled the highest number of votes was declared to be elected and as there was a tie between the petitioner No. ...
Rajaram Ganpat Patil and ors. Vs. Yeshwant Datto Patil and ors.
Court: Mumbai
Decided on: Nov-06-1968
Reported in: AIR1970Bom104; (1969)71BOMLR458; ILR1969Bom963; 1969MhLJ669
Chandrachud, J.1. This is a petition under Articles 226 and 227 of the Constitution by which the petitioners, who have been elected in the Mhalunge Village Panchayat election, challenge the order passed by the learned Joint Civil Judge, Junior Division, Kolhapur, setting aside their election on an application filed by the 1st respondent. The facts leading to this petition are as follows:--2. The village Mhalunge which is at a distance of 12 miles from Kolhapur was divided into three wards A, B and C for the purposes of election to the village Panchayat. There were three seats in every ward, one of them being reserved for women. We are concerned in this petition with the election to Ward B in which there are 386 voters.3. On the 28th of March, 1967, the Mamlatdar of Karveer issued a notification under Rule 7(1) of the Bombay Village Panchayats Election Rules, 1959 (hereinafter called 'the Rules') publishing the programme of elections to the Mhalunge village Panchayat. The notification m...
Polychem Ltd. Vs. the Municipal Corporation of Greater Bombay
Court: Mumbai
Decided on: Nov-04-1968
Reported in: (1969)71BOMLR398; 1969MhLJ784
Patel, J.1. This appeal arises out of a rating dispute between the appellant and the Municipal Corporation for Greater Bombay.2. The appellant is a limited company having its factory at Goregaon. It purchased a piece of land measuring 6652 sq. yds. in 1960 for Rs. 1,00,000. The relevant, period for which the rateable value has been assessed in the present case is from July 8, 1961 to December 31, 1961 and January 1, 1962 to March 31, 1962. By a notice dated December 14, 1961 the rateable value was fixed at Rs. 2,170 for the first period and by a notice dated March 17, 1962 the rateable value was fixed at Rs. 2,330 for the second period. The appellant filed an appeal under Section 217 of the Bombay Municipal 'Corporation Act (hereinafter called 'the said Act') to the Chief Judge of the Small Cause Court. He confirmed the rateable value fixed by the Municipal Corporation. The appellant filed an appeal to this Court which was heard by a single Judge who dismissed it summarily. The appella...
Sheshrao Parashram Vs. Yeshwant Ambusha and ors.
Court: Mumbai
Decided on: Nov-02-1968
Reported in: AIR1969Bom429; (1969)71BOMLR727; 1969MhLJ356
Chandurkar, J.1. The only question of law which arises in this Letters Patent appeal is whether a suit for possession on the basis of a possessory title by a person who was in the peaceful possession of the property and who was dispossessed by a trespasser without any title is maintainable against the trespasser.2. Field survey number 9/1B area 3 Acres and 13 gunthas, of mouza Khanapur najik, Rahamapur in Amrawati district originally belonged to the Gunusa Anusa. He executed a sale-deed Ex. P-8 in respect of this field in favour of one Sadashioswami for an ostensible consideration of Rs. 177/-. On 1st May 1940 he executed of Sadashioswami ( Gunusa ?) which entitled him to cultivate the field on lease for the year 1940-41. Possession of the field thus continued to remain with Ganusa. It is not disputed that even after the expiry of this lease the field continued to remain in possession of Ganusa. Sadashioswami who was celibate Sanyasi died about 6 months after the date of the sale-deed ...
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