Mumbai Court February 1969 Judgments
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Balgonda Appanna Parvate Patil Vs. Ramgonda Shivgonda Patil
Court: Mumbai
Decided on: Feb-07-1969
Reported in: (1969)71BOMLR582; 1970MhLJ641
Vaidya, J.1. This is a plaintiff's appeal from an order passed on September 19, 1968, returning his plaint for presentation to the proper Court under the provisions of 0, VII, Rule 10, of the Civil Procedure Code on the ground that the plaintiff overvalued the suit and filed it in the Court of the Civil Judge, Senior Division, at Kolhapur.2. The suit was filed by the plaintiff on June 19, 1968, in the Court of the Civil Judge, Senior Division, at Kolhapur and was registered as special civil suit No. 52 of 1968. The plaintiff alleged in the plaint that on March 28, 1957, defendants Nos. 5 to 9 sold to the plaintiff the suit property consisting of one half part of agricultural land survey No. 205 situated at village Sulkud in Kagal Taluka. He alleged that prior to this sale he was the tenant of the whole of this land measuring 9 acres 37 gunthas and assessed at Rs. 44-10-0. According to him, as a result of the sale, he became the owner of half of the said land and the remaining half cont...
National and Grindlays Bank Ltd. Vs. the Municipal Corporation
Court: Mumbai
Decided on: Feb-05-1969
Reported in: (1970)72BOMLR112
Ramaswami, J.1. The question of law involved in this appeal is whether the primary liability is imposed on the appellant under the Bombay Municipal Corporation Act, 1888 (Act No. III of 1888) to pay property taxes to the respondent, i.e., the Municipal Corporation of Greater Bombay in respect of land owned by the appellant and let on a monthly basis to a third party who has constructed a building thereon.2. The appellant is a banking company incorporated in the United Kingdom and has established places of business in India. The appellant is the sole trustee of the estate of the late Mr. F.E. Dinshaw and in that capacity is the owner of a plot of land at Manchubhai Road, Malad, Greater Bombay in the State of Maharashtra, bearing No. P-Ward No. 6418, Street No. 299B. The said plot of land had been leased by the former trustee of the estate to one Mr. R. R. Pande (hereinafter referred to as the lessee) since a number of years at a monthly rent of Rs. 12.50. The lessee had constructed at h...
The State of Maharashtra Vs. Zulfequar HussaIn Abdul Hussain
Court: Mumbai
Decided on: Feb-05-1969
Reported in: (1970)72BOMLR166
Patel, J.1. This is an appeal by the State under the Land Acquisition Act and it arises under the following circumstances:2. One Abdul Qayoom Mahomed Ali of Bombay purchased Survey No. 9 at Aurangabad situated very near the Station under exh. 34 on Khurdad 26, 1351 F. (in or about 1942). Survey No. 9 measures 11 acres 31 gunthas. A notification was published on June 11, 1959, under Section 3 of the Hyderabad Land Acquisition Act for acquiring a piece out of it, measuring 3 acres 12 gunthas, for constructing a low-income group rest house at Aurangabad. The land is situated on the main road from the city to the station. The notification under Section 5 of the Hyderabad Land Acquisition Act (s. 6 of our Land Acquisition Act) was published on August 3, 1959. The land seems to have been entered in the revenue record in the name of Abdul Qayoom Abdul Rahim. Attempts were made therefore to issue notices to the purchaser but they failed. Eventually the notice was affixed on a prominent portion...
Tanajirao Martinrao Kadambande Vs. H.J. Chinoy
Court: Mumbai
Decided on: Feb-04-1969
Reported in: (1969)71BOMLR732
Tulzapurkar, J.1. By this writ petition filed under Article 226 of the Constitution the petitioner (Tanajirao Martinrao Kadambande) is challenging the validity and/or legality of the order dated September 9, 1968, passed by respondent No. 1 (the Coroner of Bombay) whereby respondent No. 1 has permitted respondent No. 3 (Smt. Padma II. Koregaonkar) to cross-examine witnesses that may be produced either on behalf of the police or on behalf of the petitioner during the Inquest that is being held by him in the matter of death of one Mrs. Roma Kadambande.2. The facts giving rise to this petition may be briefly stated: The petitioner who happens to be the Deputy Inspector General of Police, Maharashtra State, has been residing in a flat at Ferohin, Worli, Bombay-18. In the early hours at about 5.45 A.M. on March 6, 1968, the petitioner's wife Roma Kadambande was found lying dead in the above flat under circumstances creating a suspicion that she may not have come by natural death. The petiti...
The State of Maharashtra Vs. Bhagvandas Gopaldas Bhate
Court: Mumbai
Decided on: Feb-04-1969
Reported in: (1970)72BOMLR25
Apte, J.1. The respondent Bhagvandas Gopaldas Bhate is the owner of a shop styled as Sangli Dairy Farm'' situate on Maruti Road in the town of Sangli. In this shop the respondent deals in milk and milk products including Deshi as well as cream butter. On August 24, 1965, Mr. Dattatraya Balvant Mane (P.W.I), the Food Inspector for the Sangli Municipal area, visited the respondent's aforesaid shop and purchased 500 grains of Deshi butter from the respondent for the purpose of testing whether it was adulterated, in the presence of one panch by name Appasaheb Baburao Magdum. The Food Inspector immediately gave notice in writing to the respondent of his intention to have the sample of his butter analysed by the Public Analyst. It may be stated here that the Food Inspector paid Rs. 4 to the respondent as price for the quantity purchased and obtained a receipt from the respondent. He then divided the quantity of butter into three equal parts. Bach part was then put in a separate dry and clean...
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