Mumbai Court April 1972 Judgments
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Suryakant Ramchandra Mudake Vs. Shivlinga Vishwanath Ghongade
Court: Mumbai
Decided on: Apr-12-1972
Reported in: AIR1973Bom252; (1973)75BOMLR58
1. The appellant-plaintiff filed Regular civil Suit no. 675 of 1962 out of which the present appeal arises, for mesne profits in respect of half of the land Survey No. 247/1 situate in village of Mardi in Taluka North Sholapur of Sholapur District, for the years from 1957-58 to 1961-62. The plaintiff alleged that he had filed Tenancy Case No. 288 of 1957 against the respondent-defendant, who was his tenant in respect of the whole of the land Survey No. 247/1, for possession on the ground that he required the land bona fide for personal cultivation. The notice terminating the tenancy was issued with effect from 31st December 1956 and thereafter he filed the application under Section 31 of the Bombay Tenancy and Agricultural Lands Act 1948 (hereinafter called 'the Act') for possession. The Mamlatdar dismissed the application on 31st August 1957. The plaintiff then went in appeal to the Deputy Collector and the Deputy Collector in appeal ordered delivery of possession of half of the suit ...
Sarjerao Kondiba Sagar Vs. P.G. Karnik and ors.
Court: Mumbai
Decided on: Apr-11-1972
Reported in: AIR1973Bom171; (1973)75BOMLR76; ILR1973Bom736
K.K. Desai, J. 1. The petitioner's case is that in pursuance of a call given therefor by the Peasant's and Workers' Party a Morcha of a few thousand persons, including women, was organised on September 6, 1971 near the Government Godown at Vairga village. On that occasion incidents of violence and firing by police took place. By a notification dated 18th November, 1971 Shri P. G. Karnik, District Judge, Aurangabad, was under the Commissioners of Inquiry Act appointed a Commission on Inquiry to inquire into and report on :(1) the incidents of violence leading to the firing by the police; and (2) to determine whether firing was justified or not and whether excessive or otherwise.2. The Commission appears to have held its first sitting on 24th January, 1972. On behalf of the Peasants' Party their advocate then submitted that having regard to the nature of the terms of reference the Commission should first record the evidence of witnesses for the police in connection with the incidents of ...
idandas Phagunmal Asnani Vs. S.E. Sukhtankar, Municipal Commissioner a ...
Court: Mumbai
Decided on: Apr-06-1972
Reported in: (1972)IILLJ434Bom
1. This is a petition under Art. 226 of the Constitution by a dismissed municipal employee to quash and set aside the orders of dismissal passed against him and to reinstate him with back salary and continuity of service and all rights, benefits and privileges as if the said order of dismissal had not been passed. 2. The facts of the petitioner's case are that the petitioner was appointed as an overseer in the service of the third respondent-corporation sometime in July, 1948 and after certain promotions and proceedings to which it is unnecessary to refer, he was transferred on October 1, 1962 to the Loan Works Construction Branch, Byculla, and was assigned the work of laying the 6' water-main in the proposed footpaths on either side of Peder Road in addition to other works in progress elsewhere. In January, 1963 he was informed by a circular that he should remain present for a preliminary inquiry against him on the January 29, 1968, which was to be held by the Executive Engineer of th...
Ultra Chemical Industries Vs. Kishore Industrial Fine Chemical Works
Court: Mumbai
Decided on: Apr-04-1972
Reported in: 1973MhLJ588
ORDER1. This revision application has been filed by the defendants against the order dated 26th August, 1971 made by the learned Joint Civil Judge, Senior Division, Thana, refusing to hear them to show cause against an application made by the plaintiffs for an injunction restraining the defendants from prosecuting an application for restitution under Section 144, C. P. C. in a previous suit filed by the same plaintiffs against the same defendants. It will be necessary to state some of the facts in order to be able to appreciate how the present order came to be passed.2. The defendants were in occupation of certain premises belonging to the plaintiffs. The contention of the plaintiffs was that the defendants were licensees whereas the contention of the defendants was that they were tenants. The plaintiffs further contended that the defendants had committed breach of the terms of the agreement of leave and licence, that the licence had been terminated and that the plaintiffs had become e...
Yashodabai Keshav Thakur Desai Vs. Bhaskar Moreshwar Kamat
Court: Mumbai
Decided on: Apr-04-1972
Reported in: (1972)74BOMLR717; 1972MhLJ950
Bhole, J.1. The complainant, who is the landlady of the house and who is prosecuting her tenant, accused, for offences under Sections 323, 341, 354, 504 and 506, Indian Penal Code, has come here in revision against the order of discharge passed by the learned Presidency Magistrate, 12th Court, Bandra, Bombay. The accused lives in the building belonging to the complainant and it is known as Krishna Bhuvan situate at Hindu Colony, Dadar. The accused who is an Inspector in the Customs Department at Bombay is tenant occupying a block on the second floor of the said building. On December 25, 1970 at 5 p.m. the complainant went to her building to see her goods on the terrace as well as to inspect it. At the time when she was going down by the iron ladder from the third floor to the terrace on the second floor, the accused caught hold of her hand and pushed her and prevented her from going to the terrace. It is also her case that he assaulted her on the left side of the breast. He then asked ...
Smt. Yashodabai Keshav Thakur Desai Vs. Bhaskar Moreshwar Kamat and an ...
Court: Mumbai
Decided on: Apr-04-1972
Reported in: 1973CriLJ1007
ORDERBhole, J.1. The complainant, who is the landlady of the house and who is prosecuting her tenant, accused, for offences under Sections 323. 341. 354, 504 and 506,. IPC has come here in revision against the order of discharge passed by the learned Presidency Magistrate, 12th Court, Bandra, Bombay. The accused lives in the building belonging to the complainant and it is known as Krishna Bhuvan situate at Hindu Colony. Dadar. The accused who is the Inspector in the Customs department at Bombay is the tenant occupying a block on the second floor of the said1 building. On 25-12-70 at 5 p.m. the complainant went to her building to see her goods on the terrace as well as to inspect it. At the time when she was going down by the. 1 iron ladder from the third floor to the terrace on the second floor, the accused caught hold of her hand and pushed her and prevented her from going to the terrace. It is also her case that he assaulted her on the left side of the breast. He then asked his wife ...
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