Mumbai Court January 1974 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Namdeo Vishnu Joshi and anr. Vs. Raghunath Ganu Kadam and ors.
Court: Mumbai
Decided on: Jan-16-1974
Reported in: AIR1974Bom311; (1974)76BOMLR530; 1974MhLJ750
Deshmukh, J. 1. This appeal has been referred to a Division Bench by the learned Single Judge of this Court, because he found that there were conflicting views on certain points of law arising under the Bombay Tenancy & Agricultural Lands Act, 1948, (hereinafter referred to as 'the Tenant Act'). The learned single Judge found that in the judgments delivered by Mr. Justice Patel and Mr. Justice Malwankar sitting singly, divergent views have been taken about the starting point when possession of the former tenant becomes unlawful for the purpose of calculating mesne profits and hence he passed the speaking order on 28th September, 1973 and 1st October, 1973, for referring this appeal to a Division Bench.2. For the purpose of understanding the question involved in this appeal, a few facts may have to be noted. The appellant here is the original plaintiff and he is the landlord; the respondent-defendant is the tenant of an agricultural land. it is not now is dispute that as required by Sec...
Shankarrao Ramchandrarao Phate and anr. Vs. Chatrapal Anandrao Kedar a ...
Court: Mumbai
Decided on: Jan-16-1974
Reported in: AIR1974Bom281; 1974MhLJ674
Chandurkar, J.1. These two petitions have been filed by the two petitioners praying for a writ in the nature of quo warranto against the respondent No. 1 who is holding the office of president of the Zilla Parishad, Nagpur, having been elected to that office on 12-8-1972 Petitioner Shankarrao in Special Civil Application No. 1050 of 1972 had contested the election as a Councilor of the Zilla Parishad, Nagpur from Kelod constituency in Saoner tahsil but was defeated Petitioner Shawn Domaji in Special Civil Application No. 1051 of 1972 admittedly is a voter from the Bamni Constituency, and both these petitioners claim that they are vitally interested in the affairs of the Zilla Parishad and are entitled to show that the respondent is illegally holding the office of President of the Zilla Parishad, Nagpur. So far as respondent No. 1, Chhatrapal Anandrao Kedar is concerned, it is not in dispute that he was elected as the President of Zilla Parishad at the first statutory meeting of the Zil...
Union of India Representing the Central Railway Administration Vs. Sam ...
Court: Mumbai
Decided on: Jan-15-1974
Reported in: (1975)IILLJ185Bom; 1975MhLJ390
Padhye, J.1. This petition arises out of proceedings filed by the respondent No. 1 Samuel Peters by an application under S. 33C(2) of the Industrial Disputes Act, 1947. The respondent No. 1 was an employee in the Central Railways as a Train Examiner and was at Ballarsha when he was suspended from service with effect from 13-12-1952. There was an enquiry against him and he was removed from service by order dated 22-8-1953 with effect from 26-8-1953. Subsequently there was a suit filed by the respondent No. 1 being Civil Suit No. 495B of 1959 for declaration that his dismissal or removal from service was wrongful and claiming reinstatement and back wages. This suit was said to have been filed on 9-4-1958. Soon after the filing of this suit the earlier order of removal from service passed on 22-8-1953 was set aside in appeal by order dated 17-4-1958 and the respondent No. 1 was asked to join duty in view of the setting aside of the order of his removal. The respondent No. 1's claim in the...
Babu Kallappa Khot Vs. Mhalsabai Malhar Kulkarni
Court: Mumbai
Decided on: Jan-09-1974
Reported in: (1974)76BOMLR603; 1974MhLJ832
Bhasme, J.1. This application is filed by the tenant against whom an order for eviction is passed in respect of certain acreage of lands from out of three pieces held by him as tenant, A few facts will have to be stated for appreciating the contentions raised in these proceedings by Mr. Sali on behalf of the petitioner.2. The petitioner holds as tenant three pieces of land bearing survey Nos. 181/5, 181/3 and 181/1. The three lands admeasure 3 acres and 33 gunthas assessed at Its. 17-4-0 and are situate in village Mangaon, taluka Hatkanangale in district Kolhapur.3. Deceased Mhalsabai was the landlady and she had obtained a certificate under Section 880 of the Bombay Tenancy and Agricultural Lands Act. By a notice dated December 22, 1961 she terminated the petitioner's tenancy and on February 2, 1962 initiated the present proceedings under Section 33B of the Bombay Tenancy and Agricultural Lands Act against the petitioner on the ground that she required the lands ional fide for persona...
Prabhakar Shamrao MaraThe and ors. Vs. Maharashtra State Electricity B ...
Court: Mumbai
Decided on: Jan-08-1974
Reported in: (1974)76BOMLR711; [1975(30)FLR225]; (1975)ILLJ326Bom; 1975MhLJ47
S.K. Desai, J.1. In this petition the petitioners have sought a writ of certiorari or an appropriate writ, order of direction for quashing them orders passed by respondent No. 2 in Complaints (IT) Nos. 82 to 88 of 1969 References (IT) Nos. 317 and 394 of 1966. The order of respondent No. 2, which is impugned, has been published in the Maharashtra Government Gazette, dated August 28, 1969 (exhibit 'G' to the petition). The petitioners have also sought a direction against respondent No. 1 to reinstate the petitioners; but this part of prayer (a) has not been pressed before us and it has been very fairly submitted that if the impugned order is quashed, the matter must go back to respondent No. 2 or his successor. 2. In order to appreciate the rival contentions the following facts may be stated : The seven petitioners before us were the employees of respondent No. 1, viz., the Maharashtra Electricity Board, a Board constituted under the Indian Electricity Act, 1948. At the relevant time th...
- ‹ Prev
- 1
- Next ›