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Mumbai Court July 1971 Judgments

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Jul 01 1971

Diwanchand Gupta Vs. N.M. Shah and ors.

Court: Mumbai

Decided on: Jul-01-1971

Reported in: AIR1972Bom316; (1972)74BOMLR259; ILR1972Bom1417; 1972MhLJ524

Vaidya, J.1. The above four petitions under Article 227 of the Constitution of India are directed against an order dated November 28, 1969 passed by the Chief Judge of the Court of Small Causes at Bombay in two applications filed under Section 507 of the Bombay Municipal Corporation Act, 1888. The said two applications were filed by respondent Nos. 2 to 8 in special civil application No. 259 of 1970, who own the premises bearing No. 61. Clive Road, Danabunder Bombay No. 9 consisting of a ground floor and two upper floors. Municipal Application No. 174/M of 1966 was filed against 17 tenants, one of whom is the petitioner in special civil application No. 259 of 1970. He was respondent No. 259 of 1970. He was respondent No 15 in the application. Municipal application No. 175/M of 1966 was filed against 16 respondents mentioned therein, of whom the petitioners in special civil application Nos. 744, 745 and 750 were some of the respondents. They were described as occupants, who were not the...


Jul 01 1971

Raja Bahadur Motilal Bombay Mills Ltd. Vs. Life Insurance Corporation ...

Court: Mumbai

Decided on: Jul-01-1971

Reported in: AIR1973Bom24; (1972)74BOMLR522

1. So far as the application for a Certificate for leave to appeal to the Supreme Court under Art, 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 being 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 Art. 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 contain...


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