Mumbai Court April 1971 Judgments
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Balku Laxman Khatik Vs. Biru Ramachandra Kotmire and anr.
Court: Mumbai
Decided on: Apr-16-1971
Reported in: AIR1972Bom379; (1972)74BOMLR312; 1972MhLJ601
ORDER1. The petitioner in the above Special Civil Application under Art. 227 of the Constitution of India is the tenant of S. Nos. 159/2 - 3, 162/3 and 187/7 totally measuring only Acres 3 and Gunthas 8, situate at village Are in Karvir Taluka of Kolhapur District. Respondent No. 1 - landlord filed an application under Section 33 - B of the Bombay Tenancy and Agricultural Lands Act, 1948, against him after obtaining a certificate under Section 88 - C for recovery of possession of the said lands on the ground of bona fide requirement for personal cultivation. The application was granted by the Tenancy Aval Karkun on February 23, 1964. the order of the Tenancy Aval Karkun was set aside in appeal by the District Deputy Collector on October 27, 1964, observing as follows :-'I am satisfied that comparative position of land in possession is not considered adequately by the lower Court. I, therefore, partly allow the appeal and set aside the order of the lower Court and remand to consider the...
Ramchandra Bhairu Shingate Vs. the State of Maharashtra
Court: Mumbai
Decided on: Apr-14-1971
Reported in: (1971)73BOMLR811; 1972MhLJ226
Vimadalal, J.1. This is an appeal by an accused who has been convicted by the learned Sessions Judge, Satara, of an offence under Section 326 of the Indian Penal Code and sentenced to two years' rigorous imprisonment and a fine of Rs. 500.2. The facts of the prosecution case are that, at the material time viz. on December 17, 1968, one Balvant Shingate who was an agriculturist by profession was working as the Talathi of a village named Sartale about 6 or 7 miles away from another village named Marde in Satara District. The said Balvant was a close friend of one Sitaraui Shiugate, the brother of the accused, and the accused as well as his brother Sitaram had their lands in the village of Marde. It appears that Balvant had a brother named Waman with whom he had certain property disputes, and the said Waman was a friend of the accused. This is the background of the relations between the parties. On the morning of December 17, 1968 Sitaram had gone to Balvant's house as Balvant needed Sita...
Nagnath Tatya Halge Vs. Kishan Tatya Kale
Court: Mumbai
Decided on: Apr-13-1971
Reported in: AIR1972Bom228; (1972)74BOMLR141; 1972MhLJ334
ORDER1. There is no substance in this revisional application on behalf of the original plaintiff from the order dated September 8, 1969, made by the trial Court, whereby findings were made in favour of the plaintiff on issues 1, 2 and 6 and directions were given that the trial of the issues 4 and 5 should be proceeded with after the decision of the Rent Controller in the application made by the original defendant for fixation of reasonable and / or standard rent.2. Prior to the present suit No. 127 of 1968, the plaintiff had instituted a previous Suit No. 258 of 1967. The suit was for recovery of rent at the rate of Rs. 125/- per month for a period of one year from November 13, 1966, to November 12, 1967. In that suit the defendant made three contentions as follows:-3. Prior to the lease in suit, an agreement was made between the parties that the plaintiff would construct two rooms and a latrine and a bath room and the rent of Rs. 125/- was agreed on the promise made by the plaintiff t...
The State of Maharashtra Vs. Ramlakhan Jagnarayan Upadhya
Court: Mumbai
Decided on: Apr-12-1971
Reported in: 1971CriLJ1778; 1971MhLJ704
ORDERChandurkar, J.1. This is a reference made by the Additional Sessions Judge, Kha-mgaon. Camp at Yeotmal. recommending'that as the Judicial Magistrate, First Class, Darwha. had no -jurisdiction to take cognizance of the alleged offence Under Section 211 of the Indian Penal Code against the accused-opponent the proceedings before the Magistrate should be quashed. An offence Under Section 302 Indian Penal Code, in which relatives of one Baliram of village Mangkinhi were involved was being investigated by Police Sub Inspector Kshirsagar of Darwha Police . Station. On 7-3-1969 Ramlakhan. the opponent, who was a police constable, gave a report at Darwha Police Station that Baliram had approached him and had paid him Rupees 25/- and had further asked him to persuade Police Sub-Inspector Kshirsaear to help his relatives in the case which Kshirsagar was investigating. Ramlakhan had also reported that Baliram had promised that some more amount would be paid as illegal gratification to police...
Narendrakumar Bhogilal Shah Vs. State
Court: Mumbai
Decided on: Apr-08-1971
Reported in: AIR1972Bom184; (1971)73BOMLR828; 1972CriLJ921; ILR1972Bom1372
This is an appeal filed by a former landlord against his conviction under Section 18(4) of the Bombay Rent Act, 1947, for contravention of the provisions of Section 18(3) thereof, though he had been acquitted of the offence under Section 18(1) of the same Act, with which also he had been charged in the trial Court. The facts of the prosecution case are that complainant K.S. Ghaswalla agreed to pay to the accused, through a firm of booking agents employed by the accused, a sum of Rs.5001/- as and by way of a construction loan in respect of a building proposed to be constructed by the accused at Kandivli in Bombay. Under the said agreement the said Ghaswalla was to be given the tenancy of Flat No. 36 on the first floor of building No. 3 in the housing colony of which the same was a part. The said Ghaswalla paid to the accused various sums aggregating to Rs.4000/- towards the said sum of Rupees 5001/- payable by him. The agreement between the said Ghaswalla and the accused was reduced int...
Parvatibai Vs. Sitabai Ganpat Chavan and anr.
Court: Mumbai
Decided on: Apr-08-1971
Reported in: AIR1972Bom381; (1972)74BOMLR147; 1972MhLJ357
ORDER1. The subject - matter in dispute in this Special Civil Application under Art. 227 of the Constitution of India, consists of agricultural land S. No. 501/3 situate at Saswad in Poona District. This land and some other lands originally belonged to Ganpat Chavan, the Husband of respondent No. 1. The petitioner was the tenant of he above land. There was another tenant Laxman Jagtap in possession of some other lands of Ganpat. Ganpat applied for a certificate under Section 88 - C of the Bombay Tenancy and Agricultural Lands Act, and obtained it on January 20, 1959, in respect of the aforesaid land and the lands in possession of Jagtap. Unfortunately, Ganpat died thereafter. Respondent No. 1 alone claiming to be the sole heir of Ganpat, terminated the tenancy of the petitioner and of the aforesaid Jagtap under Section 33 - B of the Bombay Tenancy Act and filed an application in the Court of the Tenancy Avl Karkun, Purandhar; for restoration of possession of the aforesaid lands on Marc...
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