Mumbai Court July 1970 Judgments
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The Trustees of the Port of Bombay Vs. the Premier Automobiles Ltd.
Court: Mumbai
Decided on: Jul-17-1970
Reported in: AIR1971Bom317; (1971)73BOMLR1
Kotval, C.J.1. This is a defendants' appeal against a decree for Rs. 35,000/- and interest awarded as damages sustained by the plaintiffs in respect of their goods. The Premier Automobiles Ltd., the plaintiffs, are engaged in the manufacture of cars in Bombay. The trustees of the Port of Bombay are the defendants. The Plaintiffs imported under a licence 13 cases of machinery from Ming antis of Italy for the purposes of their manufacturing plant. Case No. 249 contained an internal grinding machine weighing over 3 tons (2960 kilograms). The case arrived in Bombay on 21st February, 1960 by S.S. Jalsilton Hall belonging to Messrs. Scindia Steam Navigation Co. Ltd. The goods were unloaded and taken charge of by the Port Trust Authorities under their statutory powers. 2. The case No. 249 was placed on a four wheeler trolly driven by a tractor attached to it and was being carried to one of the sheds in the docks when the case fell down from the trolly. The case was broken and the internal gri...
Sadashiv Shankar Wani and ors. Vs. Bala Nisbat Babaji Wani and anr.
Court: Mumbai
Decided on: Jul-17-1970
Reported in: AIR1972Bom164; (1971)73BOMLR766; ILR1972Bom128; 1972MhLJ564
Nathwani. J.1. This appeal raises the question whether an illegitimate son (dasiputra) of a Hindu Shudra can claim against a legitimate son of his father partition of property which was ancestral in his father's hands.2.The facts in so far as they are material for this appeal are as under One Babaji Wani, a Shudra, died in 1915 leaving him surviving his widow Tara, a son Shankar by her, and two illegitimate sons and a daughter by his mistress Savu, namely Bala the plaintiff Satappa defendant No.1 and Kondibai, Babaji also left lands and other immovable properties which were ancestral in his hands. After Babaji's death the plaintiff along with Shankar and other members of the family formed a joint Hindu family and Shankar as the Karta thereof managed the joint family property. Shankar died leaving three sons, viz., Dadu, Sadashiv - defendant No.2, and Madhav - defendant No.3, Dadu managed the joint family property till 1949 when he died leaving his widow Hirabai and a minor son Ananda -...
State of Maharashtra Vs. Namdeo Dhannu
Court: Mumbai
Decided on: Jul-16-1970
Reported in: (1972)74BOMLR583; 1971MhLJ47
Bhole, J.1. The State has come in appeal against an order of acquittal passed by the Sessions Judge, Wardha, in an appeal allowing it against the judgment passed by the Judicial Magistrate, First Class, Wardlia, convicting the accused under Section 85(1)(3) of the Bombay Prohibition Act and sentencing him to suffer rigorous imprisonment for one month and also to pay a fine of Rs. 25.2. The accused Namdeo is a points man working in the railway. It appears that on August 17, 1967 at about 3.15 P.M. the accused came from the branch-line with a cycle in his hand. At that time two other railway workers-Janardhan and Babulal-were working near the B cabin in the Wardha railway yard. The accused came and dashed against these two persons. Janardhan and Babulal objected to his conduct, but the accused retaliated and assaulted Babulal. One Umashankar who was on duty there intervened but he was also beaten. The accused did all this in a drunken state. The railway police station therefore was infor...
R. Jaikrishna and Co. Vs. A. 1 Co-operating Housing Society Ltd.
Court: Mumbai
Decided on: Jul-15-1970
Reported in: AIR1971Bom382; (1971)73BOMLR251; 1971MhLJ472
ORDER1. This is a Chamber Summons for amendment of the plaint as per the draft contained in the Schedule to the Chamber Summons. The proposed amendments have been vigorously and vehemently opposed and in order to consider whether the application should be allowed, a few necessary facts may be set out:The main prayer in the plaint is for an injunction. The Plaintiffs have alleged that they agreed to purchase from the defendants the premises mentioned in the suit. Their case in the plaint is that at a meeting of the Managing Committee of the defendants, held on 28th Mav. 1966 it was resolved that immediate possession of the premises mentioned in the suit should be handed over to the plaintiffs. The Plaintiffs also refer to a letter written by the plaintiffs on 2nd June 1966 wherein it has been recorded that possession has been handed over to the plaintiffs. The plaintiffs further allege that the plaintiffs have paid the full price in respect of the suit premises even though they were in ...
The Punjab National Bank Ltd. Vs. Ishwarbhai Bhai Lalbhai Patel and Co ...
Court: Mumbai
Decided on: Jul-13-1970
Reported in: AIR1971Bom348; 1971MhLJ9
Padhye, J.1. This second appeal had earlier come up for hearing before a Single Judge Mr. Justice Nain and2. The suit was by the present respondent for recovery of an amount of Rs. 5,000/- from the appellant defendant. The facts leading to the said claim are as under:--The plaintiff is a firm dealing in tobacco and also bidi leaves. The firm of Chhotabhai Karsandas had drawn a cheque of Rs. 5,000/- on the Laxmi Bank Limited, Bhandara Branch, in favour of the plaintiff on 16-5-1960. The defendant is a branch of the Punjab National Bank at Gondia. The plaintiff had an account with the Gondia branch of the defendant Bank and on 20th of May 1960 the plaintiff handed over this cheque to the defendant directing it to credit the amount under that cheque in the account of the plaintiff after its realization. The plaintiff alleges that on the cheque being handed over to the defendant-Bank, the amount of the cheque must have been credited in its account as according to the Plaintiff, the defenda...
Devlakshmi Harisukh Vahalia and ors. Vs. Vishwakanth P. Bhatt
Court: Mumbai
Decided on: Jul-09-1970
Reported in: AIR1972Bom103; (1971)73BOMLR594; 1972MhLJ37
1. This is an Originating Summons taken out by the plaintiffs who, along with the defendant, are the trustees under an Indenture of Trust dated the 18th of January 1927 executed by one Pranjivan Tuljaram, for the determination of certain questions propounded therein. The facts necessary for the purpose of disposing of this Originating Summons are very few. One Pranjivan Tuljaram executed an Indenture of Trust dated 18-1-1927 and the plaintiffs and the defendant are the present trustees of that trust. The relevant clause of the said Indenture of Trust which has been quoted in para 3 of the plaint is as follows:-'To have and to hold the said land hereditaments and premises unto the trustees --- Upon trust ....... To pay all rates taxes and outgoing out of the rents and profits thereof and all expenses of keeping the said hereditaments and premises in a proper state of repair and properly insured And that the Trustees shall pay the residue of the net rents and profits thereof to the Settl...
In Re: Petition for Leave to Appeal to the Supreme Court
Court: Mumbai
Decided on: Jul-01-1970
Reported in: (1972)74BOMLR522a
1. So far as the application for a Certificate for leave to appeal to the Supreme Court under Article 133(1) of the Constitution of India is concerned, the value of the subject-matter of the dispute in the Court of the first instance and still in dispute on appeal feeing the property which was sold in pursuance of the directions contained in the Decree Absolute for sale, was and is not less than Rs. 25,000/. As a matter of fact, the sale took place at Rs. 20,00,000/. The requirement of Clause (a) of Article 133 is fulfilled.2. Our judgment and decree affirms the decision of the Court immediately below and it is therefore necessary to consider whether we should further certify that the appeal involves substantial questions of law.3. In paragraph 7 of the petition 13 questions have been set out as being substantial questions of law arising in the proposed appeal to the Supreme Court. The 13 questions cover closely typed about three and a half pages of foolscap size. Some of the questions...
Purushottam Shankar Desai Vs. Dayaram Jayaram Dhande
Court: Mumbai
Decided on: Jul-01-1970
Reported in: (1971)73BOMLR313; 1971MhLJ1017
Wagle, J.1. This is a petition by the landlords against an order passed by the Maharashtra Revenue Tribunal directing that possession of the disputed land be restored to the tenant Dayaram and the heirs of the co-tenant Jayaram. The facts of this case, which are not much in dispute, are the following:2. Survey No. 195 admeasuring 2 acres and 5 gunthas belongs to petitioners Nos. 1 and 2. In or about March 1960 possession of this land, inter alia, was obtained by the two petitioners by an order under Section 31 read with Section 29 of the Bombay Tenancy Act for personal cultivation. A .consolidation scheme was thereafter framed by which survey No. 195, which belonged to petitioners Nos. 1 and 2, was exchanged for survey No. 56/1, which admeasured 2 acres and 20 gunthas. On a subsequent occasion survey No. 56/1 was given Gat No. 463.3. After the consolidation was made, petitioners Nos. 1 and 2 continued in possession till 1965, when they sold Gat No. 463 to petitioner No. 3. This was don...
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