Mumbai Court November 1972 Judgments
Messrs. P.T. Anklesaria and Co. Vs. the Union of India (Uoi)
Court: Mumbai
Decided on: Nov-29-1972
Reported in: (1974)76BOMLR19
Nain, J.1. The plaintiffs in suit No. 432 of 1967 apply that the said suit and suit No. 295 of 1970 should be consolidated under the provisions of Section 151, Civil Procedure Code. The application is opposed both by the defendants in suit No. 432 of 1967 as well as by the defendants No. 6 in suit No. 295 of 1970.2. The plaintiffs in suit No. 432 of 1967 are Messrs P.T. Anklesaria & Co., a partnership firm. The defendants are the Union of India. Under an agreement dated December 28, 1962, the plaintiffs agreed to clear and handle foodgrains, fertilizers, gunny and twine bales imported by the Central Government at the Port of Bombay and to transport such quantities thereof as may be required from docks to the Central Government godowns or rail-heads in Bombay etc. The suit has been filed for recovery of an aggregate sum of Rs. 42,11,688.30. The major claim of the plaintiffs may be divided into two parts. The plaintiffs claim that under the agreement dated December 28, 1962, they had not...
Tag this Judgment!Uttamchand Hukumchand Shet and ors. Vs. Vishwanath Bindravan Bundelkha ...
Court: Mumbai
Decided on: Nov-24-1972
Reported in: AIR1974Bom28; (1973)75BOMLR512
Kantawala, C.J.1. This is an appeal filed by the plaintiffs against the decree and judgment passed by all the courts dismissing their suit for possession of agricultural lands and for future mesne profits. By a lease deed dated April 8, 1946, Hukumchand, father of plaintiffs No. 1 to 3 and husband of plaintiff No. 4 leased out the suit lands to the defendants for a period of five years at an annual rent of Rs.1271-. The period of the lease was to expire in Shake year 1872. Under this lease deed the defendants were to hand over possession of the lands wherein dry crops were grown at the end of Paush of that year while they were to deliver possession of the lands wherein Bagayat crops were raised on the 15th of Falgum of that year. It is the case of the plaintiffs that as the period for which the lease was granted had expired it was not necessary for them to give a notice to the defendants terminating the tenancy. However, by way of abundant caution on March 23. 1954 the plaintiff No. 4 ...
Tag this Judgment!Janardhan C. Upadhye Vs. Rajni Patel
Court: Mumbai
Decided on: Nov-23-1972
Reported in: (1974)76BOMLR654
Vaidya, J.1. The above appeal arises out of a dispute raised by the appellants relating to the election of office-bearers of the various organs of the Bombay Pradesh Congress Committee constituted under the Constitution of the Indian National Congress and the Rules of the Indian National Congress as well as the rules called 'Constitution of the Bombay Pradesh Congress Committee'. The appellants have filed Suit No. 10336 of 1972 in the Bombay City Civil Court on November 20, 1972, seeking leave to institute that suit on behalf of the numerous 'active members' of the B.P.C.C. and praying for an injunction restraining the defendants, who are the office-bearers of the B.P.C.C, from proceeding with the proposed organizational election to the B.P.O.C. commenced from November 21, 1972.2. The plaintiffs-appellants have challenged the organizational elections on throe grounds: (1) that the permanent register required to be maintained under Rule 2 framed under Article VI of the Constitution of I...
Tag this Judgment!The Municipal Council Vs. Shripat Ganeshlal and anr.
Court: Mumbai
Decided on: Nov-23-1972
Reported in: 1973CriLJ1490; 1973MhLJ399
Masodkar, J.1. This is an appeal by the Municipal Council, Akola, against the acquittal recorded by the Judicial Magistrate, First Class, Akola of respondent-1 accused Shripat for an offence under Section 16 (1) (a) of the Prevention of Food Adulteration Act, 1954, (hereinafter called the Act).2. The material facts are not at all in dispute. On March 26, 1968, the accused was found selling Kesari Dal in his shop located in Kothari Bazar, Akola. This sale was effected to C. W. 1 Abdul Karim, who being Sanitary Inspector with the complainant Municipal Council was also for the purpose of the Act, the Food Inspector. He took oath as C. W. 1 and stated that he knew the accused, who deals in sales of grains in Kothari Bazar. The witness had gone to his shop when after disclosing his identity he pointed out to him that he wanted grains for sample from his shop. In the shop Tur Dal and Lakh Dal i.e., Kesari Dal, were kept for sale. C. W. 1 demanded sample of Lakh Dal as a sample for food. Upon...
Tag this Judgment!Gajanan Bhan Magat Vs. Employees' State Insurance Corporation
Court: Mumbai
Decided on: Nov-21-1972
Reported in: [1973(27)FLR277]; (1974)IILLJ163Bom
Kantawala, C.J. 1. This appeal arises out of an application made by Gajanan Bhan Magat the appellant, under the Employees' State Insurance Corporation (Act No. 34 of 1948) (hereinafter referred to as 'the Act') for benefit in respect of employment injury. The appellant was employed as an assistant electrical performance in India United Mills Nos. 2 and 3 at Bombay. On December 9, 1956 he was working on the day shift and a coolie named Shankar Bhiva was working under him. The appellant happened to reprimand Shankar for not discharging his duty properly. Nothing happened between the appellant and Shankar till December 16, 1956. On that day, the appellant was on duty in the second shift and his hours of duty were from 3 p.m. to 11 p.m. His reliever Fernandes, however, arrived in the mill by about 10-15 p.m. and relieved him. After handing over charge to Fernandes the appellant left the mill. As soon as he came out of the mill compound he was assaulted and beaten with a bamboo stick by som...
Tag this Judgment!Chouthmal Nathuram Joshi Vs. Bhagwandas Zutalal Marwadi
Court: Mumbai
Decided on: Nov-17-1972
Reported in: AIR1973Bom337; 1973MhLJ637
ORDER1. The present revision is directed against the judgment in Civil Appeal No. 47 of 1963 by the Extra Assistant Judge, Akola, whereby he confirmed the decree in Civil Suit No. 24 of 1962 passed by the Civil Judge (Senior Division) Akola upon an application made to that Court under the provisions of the Arbitration Act.2. The applicant herein was arrayed as original defendant and was a member of the M. P. Commercial Exchange, Akola. He entered in certain forward delivery contracts in cotton seed with the respondent Bhagwandas, the original plaintiff, for and between the period of July 14, 1961 to October 12, 1961. Certain other transactions between them ranging from October 13, 1961 to November 20, 1961 also took place.3. From the records it transpires that some statement which was produced during the trial and marked as Ex. 47, was the basis of the claim against the present applicant in this revision - Ex. 47 is a statement which appears to have been admitted before the arbitrators...
Tag this Judgment!Zuri Agro Chemicals Ltd. Vs. F.S. Wadia and ors.
Court: Mumbai
Decided on: Nov-09-1972
Reported in: (1974)76BOMLR15; [1974]44CompCas465(Bom)
Nain, J.1. This is a petition for confirmation of a special resolution dated June 29, 1972, passed by Zuri Agro Chemicals Ltd. (hereinafter referred to as 'the company'), altering its memorandum of association by transferring the registered office of the company from the State of Maharashtra to the Union Territory of Goa, Daman and Diu. The petitioner is opposed by one F. S. Wadia and five other shareholders of the company owning in all 4,525 shares of the value of Rs. 10 each. 2. The company was incorporated on May 12, 1967, with its registered office in Bombay. Its authorised capital is Rs. 17 crores. The share capital of the company is divided between the equity shares and redeemable cumulative preference shares. The principal business of the company is the manufacture and sale of agricultural chemicals and fertilisers. After its incorporation the company issued a prospectus at a time when the deregistered office of the company was in Bombay. The company received a certificate of co...
Tag this Judgment!Kasturbai Ratanchand Gandhi Vs. S.S. Badole
Court: Mumbai
Decided on: Nov-09-1972
Reported in: (1974)76BOMLR79
Vaidya, J.1. The above First Appeal is filed under Section 30 of the Workmen's Compensation Act, 1923. The appellants are the widow and children of one Ratanchand Amienand Gandhi, in respect of whose death on April 15, 1962, they claimed compensation. It was alleged by them that Ratanchand was in the employment of the respondent. On April 15, 1962, the respondent, who owned Motor Truck No. 1203, was, according- to the appellants, driving it with goods loaded in it from Osmanabad to Bhir near Alni Naka within the jurisdiction of the Workman's Compensation Authority at Osmanabad. The truck met with an accident and Ratanchand died instantaneously. The head of Ratanchand was cut from his body. Ratanchand was an expert motor mechanic and was attending the motor truck along with the respondent as a part of his duty. It was also claimed by the appellants that the death was caused to Ratanchand by the accident arising out of and in the course of his employment and hence the respondent was liab...
Tag this Judgment!Shamrao Krishnarao Kadu Vs. Nandkishore Ghanshyamda Jaiswal and ors.
Court: Mumbai
Decided on: Nov-09-1972
Reported in: AIR1974Bom6; ILR1974Bom485; 1973MhLJ667
Chandurkar, J. 1. The petitioner in this petition is the president of the Municipal Council, Katol, and the respondents Nos. 1 to 3 are the Municipal Councillors. Admittedly, on 5-9-1972 some Councillors gave a requisition to the Sub-Divisional Officer, Katol. Who was performing the duties and exercising the powers of the Collector under section 55 of the Maharashtra Municipalities Act, 1965 (hereinafter referred to as the Act), for a meeting to be called in which a resolution of no-confidence in the petitioner was to be moved. On 6-9-1972 the Sub-Divisional Officer issued the necessary notice convening the meeting for 13-9-1972 . The petitioner then immediately filed this petition praying that the notice of the meeting used by the Sub-Divisional officer should be quashed because, according to him, the three respondents who were signatories to the requisition had incurred a disqualification and, therefore ceased to be councillors. According to the petitioner, the respondents Nos. 1 and...
Tag this Judgment!Mahadeo Kisanrao Salunke Vs. State of Maharashtra
Court: Mumbai
Decided on: Nov-01-1972
Reported in: AIR1973Bom223; 1973MhLJ217
ORDER1. The petitioner, who is the land-holder has filed this petition questioning the validity of the order made by the Maharashtra Revenue Tribunal dismissing the appeal preferred by him under the provisions of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act of 1961.2. The present petitioner filed a return showing the total extent of his land being 165-02 acres obtained by him in a partition in the year 1954.3. Mainly the objections related to certain lands which were sold between 4-8-1959 to 26-1-1962 and even thereafter to Mansing, who had submitted written objections. Admittedly, in the course of the inquiry, it has been found that all these persons are transferees from the petitioners.4. In the written objections by these transferees, identical p lea was raised by each of them that they were on the land as protected tenants since before 1953. But when they were examined in this case, this version in the written objections has been given go-bye and some other period i...
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