Mumbai Court July 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.
State Bank of India Vs. the Official Liquidator and Others
Court: Mumbai
Decided on: Jul-27-1974
Reported in: AIR1995Bom219
ORDER1. The present notice of motion inter alia seeks orders and directions against the Respondents the Board of Trustees of the Port of Tuticorin to deposit balance of the sale proceeds in respect of the vessel M. V. Unilaxmi after defraying its charges towards the sale and other incidental expenses.2. The plaintiffs is State Bank of India which has filed the present suit to recoverfrom the Defendants a sum of Rupees 2,78,35,092.57 on account of certain facilities offered by the plaintiff to the 1st defendant Universal Shipping Co. Pvt. Ltd. which has since gone in liquidation and Official Liquidator has been implead as defendant No. 1. The defendants Nos. 2 to 7 are the guarantors with whom we are not concerned with the reliefs claimed in the present notice of motion. The respondent is the Board of Trustees of the Port of Tuticorin who is the contesting party to the present claim.3. Towards the facilities offered by the plaintiff-bank to the 1st defendant-company which is now in liqu...
The State of Maharashtra Vs. Sarvodaya Industries
Court: Mumbai
Decided on: Jul-25-1974
Reported in: AIR1975Bom197; 1974MhLJ966
ORDER1. The only question involved in the present revision is whether the preliminary issue raised at the request of the present applicant - defendant. the State that the Akola Court had territorial jurisdiction to try the suit filed by the non-applicant-plaintiff was correctly decided. 2. The look at the plaint shows that it is a claim made by the plaintiff upon the allegations that it is carrying on a business of manufacturing. Poha from Dhan in Akola district. For that purpose they have to import raw materials. They had to import raw materials. They had entered into an agreement with M/s. Ghule brothers of Gondia for purchase of Poha in November-December, 1964. The Collector, Akola, had given them licence to import the necessary Dhan, 1964. The Collector, Akola had given them licence to import the necessary Dhan. It is further grievance that their import for the purpose of manufacture of Poha so arranged was affected by an action taken by the defendant No.2 mala fide and without leg...
Vishwas Balu and ors. Vs. Ghasiram Ramratan Jajum and ors.
Court: Mumbai
Decided on: Jul-25-1974
Reported in: AIR1975Bom278; (1975)77BOMLR330; ILR1976Bom1617
ORDER1. The petitioners who are the legal representatives of the original tenant Balkrishna Jagtap, have approached this Court under Article 227 of the Constitution of India impugning the decree made by the learned District Judge, Sholapur., in Civil Appeal NO.380 of the 1969 on affirming that of the learned Civil Judge , Junior Division, Barasi, in Regular Civil Suit No.41 of 1968.2. The few facts necessary for the disposal of the application could be briefly stated thus: The property in dispute is C.T.S. No.2514 situate on the Station Road at Barsi in District Sholapur. The original defendant No.1. since deceased had taken it on lease for a period of eleven months under a rent note Ex. 53 dated 17th December 1960. The rent agree upon was Rs.25 per month. Respondent No.1 landlord terminated the tenancy of the tenant by a notice dated 2nd August 1967 and claimed possession mainly on the ground of default in payment of rent from March 1966 to July 1967, change in the user of the premise...
Abdul Hafiz Beg and anr. Vs. Sahebbi and ors.
Court: Mumbai
Decided on: Jul-24-1974
Reported in: AIR1975Bom165; 1975MhLJ122(SC)
1. On the principles that effect the dispositions under the doctrine of deathillness, law is fairly well settled. In 'The Principles of Mohammedan Law' by Mulla, the gifts made on the death -bed are the subject-matter of consideration, in Chapter X, and while explaining the doctrine of marz-ul-maut the learned author says that it is a malady which induces an apprehension of death in the person suffering from it and which eventually results in his death., It is further noted that it is an essential condition of marz-ul-maut i.e. of death - illness that the person suffering from the marz, i.e. malady must be under an apprehension of Maut i.e. death. The note to the Explanation goes on to explain the various shades of the malady raising apprehension of death and it is not necessary to refer to all that debate, In the celebrated work 'Principles of Muhammedan Jurisprudence' by Abdur Rahim, the learned author had made a basic and notable effort to find out the juristic principles behind the...
Venutai Motiram Ghongde Vs. Sadashiv Parashramji Madghe and ors.
Court: Mumbai
Decided on: Jul-18-1974
Reported in: AIR1975Bom68; 1974MhLJ951
1. The present appeal has been filed by the original plaintiff whose suit has been held to be barred by the provisions of Order IX, Rule 9, Civil Procedure Code.2. The present plaintiff filed a suit for declaration on the basis of a title and seeking possession of field Survey No. 217/2, situated at Mouza Yeloi, district Amravati. She alleged that defendant No.1 one Sadasheo, had practised fraud on her and made her sign a general power of attorney in his own favour which included power to transfer her property too. .Accordingly, power of attorney was got executed from her on December 15, 1959 . She further alleged that acting under the said fraudulent power of attorney, defendant No.1 purported to execute a sale deed on January 12, 1960 in favour of defendant No. 2, one Bhaskar Bobde. It is her case that these two defendants further purported to lease the suit field to defendant No. 1 under an alleged registered lease deed of July 19, 1960. She asserted , therefore that her title was n...
Narayanan Nambeesan Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jul-16-1974
Reported in: (1974)76BOMLR690
Sawant, J.1. Petitioners Nos. 1 and 2 in this petition were original accused Nos. 2 and 3 in Sessions Case No. 22 of 1970 tried by the Additional Sessions Judge, Sangli. The Sessions Court by its judgment dated April 16, 1971 convicted both of them under Section 120-B read with Section 408, Indian Penal Code, and sentenced each of them to R.I. for five years and to pay a fine of Rs. 2000 and in default of the payment of fine, to undergo rigorous imprisonment for further nine months. They were also convicted under Section 408, Indian Penal Code simpliciter and each of them was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 3000 and in default of the payment of fine to undergo further rigorous imprisonment for one year. The substantive sentences were to run concurrently. Against their said convictions, the petitioners preferred Criminal Appeal No. 774 of 1971 along with original accused No. 4, in this Court. This Court by its order dated July 13, 1973 ...
inder Sen Roy Vs. State of Maharashtra
Court: Mumbai
Decided on: Jul-12-1974
Reported in: (1975)ILLJ359Bom
1. One Jalan Dyeing and Bleaching Mills (hereinafter referred to as 'the Mills') is a factory registered under the Factory Act, 1948 (hereinafter referred to as 'the Act'), situated at Fergusson Road, Lower Parel, in the City of Bombay. The Bharat Barrel and Drum Manufacturing Company Private Limited (hereinafter referred to as 'the company') is the occupier of the said factory. Respondents Nos. 1 and 2 in Criminal Appeal No. 166 of 1973 (original accused Nos. 1 and 2) are the share-holders of the said company, and the appellant in Criminal Appeal No. 24 of 1973 (original accused No. 3) is the Director of the said company. It is common ground that accused No. 3 is not the share-holder of the company. It is alleged that on 22nd September, 1971, the Inspector of Factories (original complainant) visited the factory and found that a number of workers were taking their meals on the premises where they are required to work. The complainant, therefore, made enquiries and came to know that no ...
Kesarabai Vs. Haribhau
Court: Mumbai
Decided on: Jul-11-1974
Reported in: AIR1975Bom115; 1974MhLJ924
1. Kesarbai, the present, appellant a Hindu wife in her forties, seeks to enforce her right of separate residence and maintenance against her husband, respondent Haribhau.2. By the impugned judgment the Assistant Judge, Akola, reversed a decree in her favour and dismissed her application finding that she had not proved the grounds.3. Kesarbai had filed the application mainly seeking relief on the plea that Haribhau had deserted her and further that he had kept a concubine by name Sulochana the trial Court on both these matters found in her favour inter alia holding that from February 1958. Hari Bhau had deserted Kesaribai: that he had kept a concubine by name Sulochana at Khambra where he has another residential house and that kesarbai was entitled to Rs.50/- per month as past and future maintenance. He also directed a charge against the immovable property being Survey Nos. 1/1-A, 1/5, 6/1. and 15/1 shown in Schedule B and a bungalow near lady Harding Hospital, Akola. The appellate Cou...
Shriram Hari Tambey Vs. Diwakar Ramchandra Kharabe and ors.
Court: Mumbai
Decided on: Jul-11-1974
Reported in: AIR1975Bom227; ILR1976Bom1570
1-22. (After discussing the evidence, his Lordship proceeded). These position having been ascertained, then comes the question as to the award of damages, which in principle is in the nature of restitution to those who depended on the deceased, and, secondly, for the loss of the life of the deceased itself. It is not punitive in any manner and the Court is called upon to balance every interest as much as possible and to arrive at the reasonable sum which will meet not only the expectation of life but commensurate the demands of those who expect to depend on such life.23. As far as the present appeal is concerned there are tow divergent approaches canvassed before me. On behalf of the appellant plaintiff who is the head of the family who was expecting Sulabha to grow up and help in the waning years of the father, it is said there is a good case made out for granting damages both under Section 1-A as well under Section 2 of the Fatal Accident act and that Rs. 10,000/- is the minimum meas...
Commissioner of Income-tax, Bombay City I Vs. H. H. Maharani Shri Vija ...
Court: Mumbai
Decided on: Jul-10-1974
Reported in: [1975]100ITR67(Bom)
TULZAPURKAR J. - The question that has been referred to us for our decision at the instance of the Commissioner of Income-tax, Bombay City-I, Bombay, runs as follows :'Whether, on the facts and in the circumstances of the case, interest paid by the trustees on the loan obtained from the Bank of India Ltd. for the payment of estate duty chargeable on the trust property was an admissible deduction from the income of the trust assessable under section 12 of the Act for all the three assessment years 1959-60, 1960-61 and 1961-62 ?'The facts giving rise to the question may briefly be stated : By an indenture of trust dated October 6, 1955, executed by late His Highness Maharaja Shri Mahendrasinhji of Morvi, His Highness Maharaja created a trust in favour of his son, Prince Mayurdhwanjsinhji. The trust property comprised of shares and securities and the income of the trust was by way of dividends from shares and interest on securities. His Highness Maharaja died on August 17, 1957, and by re...
- ‹ Prev
- Next ›