Mumbai Court July 1973 Judgments
N. Venkatrao and anr. Vs. Kishatanna
Court: Mumbai
Decided on: Jul-05-1973
Reported in: AIR1974Bom258; (1974)76BOMLR186; 1974MhLJ400
ORDER1. This is a revisional application under Section 115 of C.P. C., 1908. The respondent filed a suit against the petitioners herein in the Court of the Civil Judge, Senior Division, Nanded, being Regular Civil Suit No. 88 of 1963 for specific performance of a contract of sale in respect of the suit land with a direction to petitioner No. 1 to obtain permission form the Deputy Collector for transfer of the suit land. The case of the respondent was that petitioner No. 1 was the owner of the suit land and petitioner No. 2 claimed to be his adopted son. The respondent was a protected tenant on the said land. Initially, an agreement of sale was entered into in favour of the respondent on 9th June 1958. Petitioner No. 1 backed out this agreement and started resumption proceedings under the Hyderabad Tenancy and Agricultural Lands Act. 1950 (hereinafter referred to as the Hyderabad Tenancy Act.) Ultimately a fresh agreement of sale in writing was entered into on 26th March 1959 where by p...
Tag this Judgment!The State of Maharashtra Vs. N.M. Shah
Court: Mumbai
Decided on: Jul-05-1973
Reported in: (1974)76BOMLR369; 1974MhLJ589
Vaidya, J.1. The above special civil application under Articles 226 and 227 of the Constitution of India is filed by the State of Maharashtra praying for a writ of prohibition or any other suitable writ, direction or orders restraining and prohibiting respondents Nos. 1 and 2 and the Court of Small Causes, Bombay, from proceeding with R.A.E. Suit No. 5469 of 1966 filed by respondents Nos. 3 to 9 and for setting aside an interim injunction granted on April 17, 1969 by tho Appellate Bench of the Small Causes Court.2. The facts leading to the petition may be briefly stated as follows : The subject matter of dispute between the parties is Room No. 13 on the 2nd floor of a building known as Damodar Sadan situated at Plot No. 514, Lady Jamshedji Road, Mahim, Bombay. The premises were requisitioned by the Government of Bombay under the Bombay Land Requisition Act, 1948, on August 13, 1954. They were allotted to S.T. Gadre who was the husband of respondent No. 3 and who was at that time an emp...
Tag this Judgment!The Ahmedabad Mfg. and Calico Printing Co. Ltd. Vs. the Workmen
Court: Mumbai
Decided on: Jul-04-1973
Reported in: (1974)76BOMLR225
Nathwani, J.1. This is a Letters Patent appeal by the original petitioner from the judgment and order of a single Judge on the Original Side refusing in exercise of Court's discretionary power under Article 226 of the Constitution to issue a writ of certiorari to set aside an award of the Industrial Tribunal and arises in this way.2. The appellant is the Ahmedabad ., hereinafter referred to as the Company. It is predominantly a textile-manufacturer but has also factories in Bombay manufacturing heavy chemicals and engages about 750 workmen in three such factories. A dispute arose between the Company and the said workmen in respect of seventeen demands raised by the workmen through their unions and on April 12, 1965 the said demands were referred to the Industrial Tribunal under Section 10(2) of the Industrial Disputes Act, 1947, being Ref. (IT) No. 135 of 1965. Before the Tribunal respondents No. 1 who are the workmen were represented by one R.J. Mehta, President of the concerned trade...
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