Mumbai Court December 1970 Judgments
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Vijaya Govindram Ramavat Vs. Bhayyalal Chhotulal Pardeshi and ors.
Court: Mumbai
Decided on: Dec-18-1970
Reported in: AIR1971Bom375; 1971MhLJ694
Kotval, C.J.1. A reference in this special civil application has been necessitated by the fact that there has been a difference of opinion between two Division Benches of this Court upon the proper construction of Sections 14 and 27 of the Bombay Tenancy and Agricultural Lands Act, 1948 (No. LXVII of 1948), which sections are equivalent to the provisions of Sections 19 and 33 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (No. XCIX of 1958). For the sake of convenience, we shall hereafter refer to these Acts as the 'Bombay Act' and the 'Vidarbha Act' respectively. Our learned Brother Padhye J. had referred the following question for our decision:'Whether sub-letting by a tenant of a portion of the lands held by him under a lease gives right to the landlord to terminate the lease of the tenant under Section 19 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958?'We have added the words in brackets so as to leave no doubt that it is with the...
Kamlabai Chintaman Vs. Divisional Superintendent, Central Railway, Nag ...
Court: Mumbai
Decided on: Dec-11-1970
Reported in: AIR1971Bom200; [1973(26)FLR39]; 1971LabIC735; 1971MhLJ330
1. Kamalabai the widow of the deceased Chintaman, a Railway Engine Driver, having been aggrieved by an order passed by the Commissioner. Workmen's Compensation, Wardha, come here in appeal. The appellant filed an application for compensation under Section 3 of the Workmen's Compensation Act. Her husband was driving a railway engine on duty on 1st of November, 1960. He was taking the Down Goods Train from Majri to Chanda and other places. At 10 A.M. he took charge of the Goods Train. After some detention and shunting he took the train to Bhandak. There they stopped for unloading and went to Tadali. There they did some shunting and were also detained and then they reached Chanda at 4 P.M. They had to unload some of the packages there. They completed the unloading some oil tanks were attached there. The engine was then going in reverse. Chintaman was driving it. At that time, the Assistant Station Master on duty informed the Guard that another Down Goods Train was passing through via the ...
Annasaheb Sakharam Rajamane Vs. T.K. Kamble and ors.
Court: Mumbai
Decided on: Dec-11-1970
Reported in: AIR1972Bom155; (1971)73BOMLR611; ILR1972Bom108; 1971MhLJ749
K.K. Desai, J.1. The petitioner was one of the candidates from Ward No. 27 Vakharbhag, Sangli, for the municipal elections to be held on May 10, 1967. The petitioner was the owner of the immovable properties situated in the Municipal area and bearing city survey Nos. 95 - A and 253. For the period ending with March 31, 1968, i.e., for the year 1967 - 68, having regard to the assessment levied and fixed in respect of the above two immovable properties, the petitioner was liable to pay respectively as tax the sum of Rs. 801.75 and Rupees 226.40. The petitioner filed nomination for his candidature prior to May 10, 1967. The scrutiny of the nomination papers was fixed for May 13, 1967. On May 8, 1967 the petitioner was served with a bill dated April 27, 1967 bearing No. 12141 in respect of the immovable property bearing City Survey No. 95 - A for the tax of Rs. 801.75 for 1967 - 68. On May 10, 1967 the petitioner was served with bill dated April 28, 1967 bearing No. 12294 in respect of the...
Kamla Bai Vs. Divisional Superintendent, Central Railway, Nagpur
Court: Mumbai
Decided on: Dec-11-1970
Reported in: (1971)ILLJ603Bom
1. Kamlabai, the widow of the deceased Chintaman, a railway engine driver, being aggrieved by an order passed by the Commissioner, Workmen's Compensation, Wardha, has come here in appeal. The appellant filed an application for compensation under S. 3 of the Workmen's Compensation Act. Her husband was driving a railway engine on duty on 1st of November, 1960. He was taking the down goods train from Majri to Chanda and other places. At 10 a.m. he took charge of the goods train. After some shunting, he took the train to Bhandak. There they stopped for unloading and went to Tadali. There thy did some shunting and were also detained and then they reached Chanda at 4 p.m. They had to unload some of the packages there. They completed the unloading; some oil tanks were attached there. The engine was then going in reverse. Chintaman was driving it. At that time, the assistant station master on duty informed the guard that another down goods train was passing through, via the first loop and, the...
Municipal Corporation of Greater Bombay Vs. Miss S.R. Dethe
Court: Mumbai
Decided on: Dec-11-1970
Reported in: (1971)73BOMLR738
Chandrachud, J.1. There are two proceedings before us. One of them, though described as a 'First Appeal' is in effect a reference by the City Civil Court, Bombay, under the proviso to Section 113 of the Code of Civil Procedure, for the determination of a constitutional issue. The issue is whether the second proviso to Regulation 67 of the Municipal Service Regulations, framed by the Municipal Corporation of Greater Bombay, is void as offending Articles 14 and 16 of the Constitution.2. The plaintiff, Miss S. R. Dethe, who was appointed as a Sister in the K.E.M. Hospital on January 1, 1945, attained the age of 55 on October 16, 1967. On February 26, 1968, when she was holding the post of an Assistant Matron, she received a notice dated February 15, 1968, under the signature of the Assistant Dean of the hospital, stating that she had completed 55 years of age and that 'she will be required to retire from the service of the Municipal Corporation of Greater Bombay with effect from the 1st o...
The Union of India (Uoi) Vs. the Official Assignee of Bombay
Court: Mumbai
Decided on: Dec-10-1970
Reported in: (1971)73BOMLR623; 1971MhLJ884
S.P. Kotval, C.J.1. A rather interesting question arises in this appeal as to the scope and extent of a solicitor's right to his costs and expenses in an administration suit against a rival claim of the State in respect of income-tax dues.2. On February '24, 1944 Bhagoji Baloji Keer died leaving income-tax liability of approximately Rs. 90,000. He was joint with his wife and two sons respondent No. 5 Anant and one Bhalchandra who subsequently died and whose son, daughters and wife are respondents Nos. 3, 4, 8, and 1 respectively. During his lifetime Bhalchandra was adjudicated an insolvent and his property vested in the Official Assignee, respondent No. 1, on May 21, 194G. In order to separate his share in the joint family property the Official Assignee instituted a suit for the administration of the property of Bhagoji on the Original Side of this Court, suit No. 807 of 1947. The suit was referred to the Commissioner for Taking Accounts on April 12,1948 for the purpose of administrati...
Wasudeo Bakaram Kurve Vs. Ramdayal Puna Bisne
Court: Mumbai
Decided on: Dec-08-1970
Reported in: AIR1971Bom220; 1971MhLJ315
1. The original plaintiff has come here in appeal from an order, passed by the District Judge, Bhandara, summarily dismissing his appeal and confirming the order passed by the Civil Judge, Senior Division, Bhandara, that the suit filed by the plaintiff was not tenable because of failure of the payment of the costs of the previous suit which was withdrawn by him with the permission of the Court on condition that he would pay the costs before the institution of the second suit. 2. The plaintiff had filed a suit for a declaration of a right of way over, the Dhura between the fields of the plaintiff and the defendant and for a consequential permanent injunction restraining the defendant from obstructing him from the exercise of that right. At first the plaintiff had filed Civil Suit No. 113 of 1964 against the defendant for these reliefs. The plaint was defective and, therefore, he sought permission of the Court under Order 23, Rule 1, Civil Procedure Code to withdraw the suit with liberty...
Hakam Mahomed Jainwala Vs. the State of Maharashtra
Court: Mumbai
Decided on: Dec-07-1970
Reported in: (1972)74BOMLR117
Kania, J.1. The appellant in Criminal Appeal No. 397 of 1969 was original accused No. 1 and will be referred to hereinafter as accused No. 1. The appellant in Criminal Appeal No. 481 of 1969 was original accused No. 2 and will be referred to hereinafter.as accused No. 2. Accused Nos. 1 and 2 were put up for trial along with two other accused before the learned Additional Sessions Judge, Bombay. All the accused were charged with the offence under Section 302 read with Section 34, Indian Penal Code, and in the alternative accused No. 1 was charged with the offence under Section 802, Indian Penal Code, and accused No. 2 and the other accused were charged with the offence under Section 302 read with Section 109, Indian Penal Code. The learned Additional Sessions Judge convicted accused No. 1 of the offence under Section 302, Indian Penal Code, and sentenced him to suffer imprisonment for life and accused No. 2 of the offence under Section 302 read with Section 109, Indian Penal Code, and a...
Ramnath Daga Vs. Commissioner of Income-tax, Bombay City-i
Court: Mumbai
Decided on: Dec-05-1970
Reported in: [1971]82ITR287(Bom)
Padhye, J.1. This reference has been made by the Income-tax Appellate Tribunal under section 66(2) of the Indian Income-tax Act, 1922, on the requisition made by this court on April 24, 1962, in Income-tax Applications Nos. 40, 41, 43, 44, 45, 46 and 47 of 1961. Two questions have been referred by the tribunal. They are : '(1) Is there any material on record to hold that the properties and assets standing in the name of Shrimati Surajbai belonged to the assessee family (2) Was the Tribunal right in including income that accrued to or arose in the name of Surajbai Daga or that was received by Surajbai Daga in the assessee family's total income 2. The assessee in all these cases was the Hindu undivided family represented by Ramnath Daga and the assessments are for the assessment years 1947-48, 1948-49 and 1952-53 to 1956-57. Ramnath Daga was at the material time the karta of the assessee Hindu undivided family and Surajbai is his second wife. Previous to these assessment proceedings, the...
Pandurang Narayan Salunke Vs. Sindhu and anr.
Court: Mumbai
Decided on: Dec-04-1970
Reported in: AIR1971Bom413; (1971)73BOMLR402; 1971MhLJ615
Chandrachud, J. 1. Two important questions arise in this appeal : (1) Whether Section 2 of the Hindu Widows' Re-marriage Act, 1856 (Act XV of 1856) hereinafter called 'the Act of 1856' is restricted in its application to property in which Hindu widows have a limited estate and (2) whether Section 2 of the Act of 1856 is inconsistent with Section 14(1) of the Hindu Succession, Act, 1956 (Act XXX of 1956) hereinafter called 'the Act of 1956'.2. One Bhika Shirke died on the 13th of June 1956 leaving behind him his daughter Sindhu, who is the plaintiff and his widow Chandrabhaga, the 2nd defendant. On the 17th of June 1956, the Act of 1956 came into force. In October 1956, Chandrabhaga remarried. On the 16th of December 1958, she sold to the 1st defendant the property which she had inherited from her husband and of which she was possessed.3. Sindhu filed the present suit in 1960 for possession of that property on the ground that her mother had forfeited her interest in it on the date of he...
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