Mumbai Court February 1974 Judgments
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Miss Simi Garewal Vs. T.N. Ramchandran
Court: Mumbai
Decided on: Feb-28-1974
Reported in: (1976)78BOMLR623
Kania, J.1. This is an appeal against the order of a learned Judge of the City Civil Court dated February 6, 1974 dismissing the Notice of Motion taken out by the appellant in Suit No. 694 of 1974 in that Court in which she was the plaintiff. By the said Notice of Motion, the appellant sought to restrain the respondent, who was defendant No. 1 and another defendant, who has not been made a party in the appeal, from printing or publishing or circulating her nude or semi-nude photographs in the respondent's magazine entitled ' FILM WORLD'.2. Certain facts emerge from the record about which there is no serious dispute. The appellant is a well-known film artiste. She has played the leading female role in the picture 'Siddhartha', which was shot in India and which has been released for exhibition in the United States. This film has scenes in which the appellant is shown in nude or semi-nude poses. One of these scenes consists of the appellant, who plays the role of the courtesan Kamala stan...
Mistry Foxdar and Co. Vs. Osmanshahi Mills Ltd. and
Court: Mumbai
Decided on: Feb-27-1974
Reported in: [1974]44CompCas471(Bom)
Vimadalal, J.1. This is an application by way of a judge's summons taken out by the Maharashtra State textile Corporation Ltd. under the Sick Textile Undertakings (Taking Over of Management) Act, 1972, for an order that the official liquidator who was appointed provisional liquidator of the respondent-company on the 28th of April, 1971, and was subsequently discharged by6 this court on the 21st of JUne, 1972, be directed to hand over all the properties and assets of the said company which are still in his possession, including a sum of Rs. 10 lakhs with the state Government and the interest accrued due thereon, to the applicants. The facts of the case are that the respondent-company was registered under the Companies Act, 1956 (1 of 1956). It has its registered office at Nanded and its m8ills are also at Nanded. The affair of the respondent-company and its financial position were in a very bad state and the petitioners filed and its financial position were in very bad state and the pet...
Bombay Enamel Works Vs. Purshottam S. Somaiya
Court: Mumbai
Decided on: Feb-25-1974
Reported in: AIR1975Bom128; (1974)76BOMLR580; 1974MhLJ947
Mukhi, J. 1. This is an appeal filed by the original defendants against the decree passed against them by the Judge of the City Civil Court, Bombay, in Summary Suit No. 8471 of 1968. 2. It is necessary to notice the relevant facts and circumstances in order to decide the contentions raised in this appeal. The respondent. Purshottam S. Somaiya (who will hereinafter be referred to as the plaintiff) filed Summary Suit No. 8471 of 1968 against the appellants the Bombay Enamel Works a firm carrying on business at Ravi Industries Compound. Agra Road. Thana, (who will hereinafter be referred to as 'the Defendants'). The said suit was a summary suit under O. 37 of the Code of Civil procedure, 1908, as amended by the Bombay High Court and was based on 5 Hundies executed by the defendants under the signature of one of their partners Champsinh Narsinh Vaidya. The total claim was for Rupees 11,500/- with interest thereon as prayed. The summary suit was filed on 7th December 1968 and the defendants...
Amba TannIn and Pharmaceuticals Ltd. Vs. Official Liquidator, High Cou ...
Court: Mumbai
Decided on: Feb-22-1974
Reported in: [1975]45CompCas457(Bom)
Kantawala, C.J.1. These are appeals against the order of Kania J. sanctioning sale of the assets and properties of Vilas Udyog Private Ltd. (in liquidation) (hereinafter referred to as 'the company') for a price of Rs. 39,57,755 in favour of Keshavlal G. Patel, respondent No. 3. 2. The facts giving rise to these appeals may be briefly stated : On August 18, 1969, Esso Standard Eastern Company filed a petition for winding up of the company. Before this petition was disposed of, on July 9, 1970 Esso Standard Eastern Company assigned its debt to Indento Private Ltd. respondent No. 2 herein, and respondent No. 2 was substituted as petitioning creditor in the winding-up petition on July 15, 1970. On or about November 24, 1971, Central Bank of India, respondent No. 4 herein, filed a civil suit being Suit No. 96 of 1971 in the court at Jamnagar against the company for enforcing an equitable mortgage created by the company in its favour. It was stated in the plaint that a sum of over Rs. 26 la...
Patel Stone Trading Co. Vs. Ramsing
Court: Mumbai
Decided on: Feb-22-1974
Reported in: AIR1975Bom79; 1974MhLJ616
1. The plaintiff filed a suit for recovery of the amount on the ground that the non-applicant committed a breach of agreement and also for damages for wrongful removal of the truck. In that suit the plaintiff also claimed a mandatory injunction requiring the non applicant to place the truck in his possession till the amount is satisfied. The claim of the plaintiff was denied by the defendant on various grounds. Thereafter the issues were framed and the case was fixed for evidence. During the course of evidence it seems that the plaintiff referred to document dated April 21, 1971. At this stage the defendant objected to this document being proved stating that it is insufficiently stamped. In view of the objection raised by the defendant, the parties were heard and the learned Civil Judge (Senior Division), Nagpur, by his order dated December 12, 1973, found that the instrument dated April 21, 1971 is a bond and should have been executed on a stamp paper of Rs. 397.50 as per Sch. I, Art....
The State of Maharashtra Vs. R.J. Kabani
Court: Mumbai
Decided on: Feb-19-1974
Reported in: AIR1975Bom63; (1974)76BOMLR448; 1974MhLJ687
Tulzapurkar, J.1. This appeal preferred by the State of Maharashtra against the acquittal of the respondent accused raises an important question pertaining to proper construction to be placed upon Section 390(1) of the Bombay Municipal Corporation (Bombay Act III of 1888) (hereinafter referred to as 'the Act') and since the two Division Benches of this Court have expressed conflicting views thereon the same has been referred to this Full Bench for decision.2. The facts giving rise to the prosecution of respondent-accused were these: One Mr. P.P. Jacob, Overseer of the Bombay Municipal Corporation, visited the premises of Universal Metal Refinery at Churiwadi, Goregaon (East) on 22nd December 1970 at about 11-30 A.M. and noticed that the work of casting of balcony plates and moulding of plastic was going on in the said factory. He also found that 5 workers were actually working there and electric energy to the extent of 20 H.P. was being used. The respondent-accused, a partner of the fi...
Vithoba Vs. State of Maharashtra
Court: Mumbai
Decided on: Feb-19-1974
Reported in: 1976CriLJ1281
Masodkar, J.19. Now all this criticism requires a serious consideration. It must be pointed out that the offence contemplated by Section 165-A of the Indian Penal Code is by its very nature a serious one and every care must be taken that the same is properly and thoroughly investigated. If merely the word of a public servant has to be acted upon without anything more, the very purpose for which special provisions as to investigation have been made are likely to be rendered nugatory. It is not unlikely that persons going with the ostensible purpose of selling tickets for their own cause to the citizens at large, may be motivated by various and extraneous reasons for making allegations against them. Every care, therefore, must be disclosed by the authority charged with the statutory duty of investigating an offence of this kind to remove all traces of doubts about such matters and further put every material before the Court which will enable it to come to only one conclusion about the cu...
Prakash Rajaram and ors. Vs. State of Maharashtra
Court: Mumbai
Decided on: Feb-19-1974
Reported in: 1975CriLJ1297; 1974MhLJ416
ORDERMasodkar, J.1. The present applicants are the three accused who are standing their trial for offences punishable under Section 394 read with Section 34 of the Indian Penal Code in the Court of Judicial Magistrate, First Class (8th Court) Nagpur.2. The prosecution allegations appear to be that about 9.30 P. M. in the night of January 9, 1973, the accused subjected one Miss Saroj Khaperde, while she was in the company of one Mr. Wasnik, to robbery by taking away her golden ornaments and one currency note. In the charge-sheet against the accused filed in court by the prosecution, it is said that these two persons, i.e. Miss Khaperde and Mr. Wasnik, were occupants of Car No. MRH 4950, which was negotiating the road Amravati Octroi Naka towards Ambazari Garden, and near a bridge, that car was stopped and robbery effected at that hour of the night.3. The prosecution thus mainly relies on the evidence of these two occupants of the car. From the statement of Miss Khaperde, who was examine...
Vishnu Krishna Belurkar Vs. the State of Maharashtra
Court: Mumbai
Decided on: Feb-18-1974
Reported in: (1974)76BOMLR627; 1974MhLJ789
Tulzapurkar, J.1. The question that has been referred to the Full Bench runs as follows:Whether the documents like Ex. 28, being the statement of the complainant recorded by P.S.I. Sarakwas (P.W. 13), Ex. 33 being the first panchanama made in the presence of panchas and signed by the panchas, Ex. 34 being the second panchanama prepared under the signature of the panchas by P.S.I. Sarakwas (P.W. 13) after the trap was successful and Ex. 35 being panchanama prepared by P.S.I. Sarakwas (P.W. 13) are in any manner hit by the provisions of Section 162 of the Code of Criminal Procedure and if at all to what extent and whether they can be entirely excluded as inadmissible?2. The question framed arises in these circumstances: In the year 1967 one Vidyadhar Bakare was appointed an Arbitrator for Town Planning Scheme Nos. I and III and the locality known as Parvati was included in Scheme No. III. The Scheme was prepared by Poona Municipality in the year 1934 and thereafter the draft scheme was a...
Gulrozbanu Karmalli Vs. Karmalli
Court: Mumbai
Decided on: Feb-18-1974
Reported in: (1974)76BOMLR515
Bhole, J.1. The petitioner is wife of respondent No. 1 who had applied in the Court of the learned Presidency Magistrate, 24th Court, Borivli, Bombay under Section 489, Criminal Procedure Code, for modification of the maintenance order passed against him. His case is that he was ordered ex parte on June 22, 1967, to pay maintenance to the petitioner-wife and his two sons at the rate of Rs. 250 and Rs. 125 for each of his two sons per month. The first ground given by him for modification was that his financial condition has now changed and the entire estate of which he was owner is now being administered by a Court Receiver. The second ground was that he has gone old and his eye sight is weak and therefore he is unable to do any work. The third ground was that he has divorced his wife and therefore she is not entitled to maintenance. The fourth and the last ground was that his second son Rafi-ud-din is illegitimate and therefore he is not entitled to any maintenance allowance.2. He has ...
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