Mumbai Court April 1975 Judgments
Watsalabai and ors. Vs. Babutai and ors.
Court: Mumbai
Decided on: Apr-17-1975
Reported in: AIR1976Bom58; 1975MhLJ561
Lalit, J. 1. One Wamanrao Ingle was possessed of considerable property, He filed Special Civil Suit No. 6-A of 1958 in the Court of the Civil Judge. Senior Division Amravati. This suit was mainly for a declaration that the respondents Nos. 2 to 5 in their turn filed another suit against Wamanrao and others for partition. They claimed to be the legitimate sons of Wamanrao and claimed that the properties involved in that suit were joint family properties. In the capacity of the sons of Wamanrao they claimed shares in the joint family properties. In their suit their allegation was that there were a number of alienation's made by Wamanrao to various defendants which were not supported by legal necessity. Some of the transactions were also challenged as being not supported by any consideration. These suits were disposed of by the Civil Judge, Senior Division. Amravati by a common judgment . Special Civil suit No. 6-A of 1958 which was filed by Wamanrao was decreed where as Special Civil Jud...
Tag this Judgment!Mahalaxmi Glass Works Private Limited Vs. Employees' State Insurance C ...
Court: Mumbai
Decided on: Apr-16-1975
Reported in: (1978)80BOMLR230; [1976(32)FLR436]; (1976)IILLJ238Bom; 1976MhLJ447
Vimadalal, J.1. This is an appeal filed by an employer under S. 82 of the Employees' State Insurance Act, 1948 (hereinafter referred to as 'the Act', from an order passed by the Employees' Insurance Court constituted under the Act, dismissed the appellant's application under S. 75 of the Act. The facts giving rise to that application were as follows : 2. On May 25, 1950, the appellants put up a notice, which is Ext. No. 18 in the present proceedings, expressing its intention to introduce an Incentive Bonus Scheme with effect from June 1, 1950. It was stated in the said notice that the intention of the Scheme was to increase the production of the company and, at the same time, to increase the 'earnings' of the workmen. It was, however, stated in that notice that the Scheme would, in the first instance, be introduced on a trial basis for a period of three months, and the management might continue the same in future, or extend or amend or withdrew the same without giving any notice to the...
Tag this Judgment!Shree Changdeo Sugar Mills Ltd. Vs. A.V. Desai
Court: Mumbai
Decided on: Apr-15-1975
Reported in: (1976)78BOMLR524
Deshpande, J.1. These two cases raise a common question as to the interpretation of Section 47(7)(k) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, hereinafter referred to as 'the Ceilings Act'. Respondent No. 2 in each case is the owner of the land. Both the lands were held on lease by the petitioners Shri Changdeo Sugar Mills Ltd. (hereinafter referred to as 'the Sugar Mills'). Inquiries were held into the holdings of the Sugar Mills under the provisions of the Ceilings Act and it was found to be a surplus holder to the extent of 3, 627 acres under an order of the Deputy Collector dated February 21, 1963. Lands so declared as being in excess of the ceiling area were delimited and vested in the State under Section 21 of the Act including both the lands in dispute. The Sugar Mills preferred an appeal 'to the Revenue Tribunal. In the meanwhile the Government of Maharashtra exempted an area of land measuring in all 121 acres and odd, including the lands in dispute...
Tag this Judgment!Atmaram Harchandrai Bharvani Vs. the Municipal Corporation of Greater ...
Court: Mumbai
Decided on: Apr-14-1975
Reported in: (1978)80BOMLR128
Tulzapurkar, J.1. His Lordship after dealing with points not material to this report, proceeded.2. The first question that has been raised before me is whether agreement dated February 19, 1963, the demand of Rs. 5 lacs made by the defendant No. 1 and its officers from the plaintiff and the receipt of Rs. 1,50,000 by the Municipal Corporation from the plaintiff are illegal, unauthorised, ultra vires and beyond the powers of the defendant No. 1 and its officers or not. I have already indicated the rival contentions urged by Mr. Singhvi and Mr. Shah on behalf of their respective clients on this question before me and I shall proceed to consider those contentions presently.3. Mr. Shah appearing for the plaintiff pointed out that there was a fundamental distinction between the capacity of a natural person and of an artificial person which had been created by statute or charter. According to him, to a natural person whatever is not expressly forbidden by the law is permitted by the law, in ...
Tag this Judgment!Jagdishgir Laxamangir Gosavi and anr. Vs. Rangacharya Gururacharya Swa ...
Court: Mumbai
Decided on: Apr-14-1975
Reported in: AIR1976Bom261
Vaidya, J. 1. The above Letters Patent Appeal is filed against the order of summary dismissal of first appeal No. 35 of 1974. The appellants are the judgment-debtors against whom a consent decree was passed in Special Civil Suit No. 50 of 1949, filed by the respondents-decree-holders' legal representatives. The suit was to recover the amount due on a mortgage dated September 10, 1945 of Rupees 7000/-. There is now no dispute that the present special darkhast No. 89 of 1960 to execute that decree is within time. It is not necessary to refer to the objections filed by the judgment-debtors as all those objections were overruled. We are now concerned only with the objections of the judgment-debtors to the execution that were raised subsequent to the order of sale of the mortgage property, dated July 15, 1971.2. The executing Court appointed a Commissioner to ascertain whether there was no truth in the Biliff's report stating that the mortgaged property had ceased to exist in the condition ...
Tag this Judgment!Western India Match Co. Ltd. Vs. the Union of India (Uoi) and anr.
Court: Mumbai
Decided on: Apr-11-1975
Reported in: 1991(33)LC349(Bombay)
B.P. Bhatt, J.1. The Petitioners carry on business inter alia as manufacturers of matches and for that purposes they manufacture sodium chlorate and potassium chlorate. The potassium chlorate is an important constituent of a match head and is used by the Petitioners for coating their match sticks. The sodium chlorate manufactured by the Petitioners is intended mainly for the bleaching of pulp, oxidation in the manufacture of dyestuffs etc. For this purpose it is necessary that the said chlorates be manufactured by a process known as electrolysis. This process required the passing of a direct electric current through a tank containing sodium or potassium chloride. The Petitioners state that as a result of the passage of such electric current, the sodium chloride becomes sodium chlorate and potassium chloride becomes potassium chlorate. The electrodes which are at positive potential are known at anodes whereas electrodes which are at negative potential are known as cathodes. It is the Pe...
Tag this Judgment!Krushanadas Nagindas Bhate Vs. Bhagwandas Ranchhoddas and ors.
Court: Mumbai
Decided on: Apr-10-1975
Reported in: AIR1976Bom153
Vaidya, J.1. The above First Appeal is filed by defendant No. 3 in Special Suit No. 34 of 1965, instituted by respondent No. 1 for a declaration that resdpondent 1 plaintiff was the owner of the amounts deposited by his aunt Dwarkabai with the State Bank of India, Branch Jalgaon, and the New Citizens Bank, Branch Jangaon, now merged with Bank of Baroda, and for an injunction restraining defendants Nos. 1, 2 and 3 from claiming the said amounts.2. The plaintiff is the son of Ranchoddas, the brother of Lialdhar, the deceased Husband of Dwarkabai. Defendants Nos. 1 and 2 are her brothers; and defendant No. 3 is the son of the defendant No. 2. Dwarkabai had filed Special Suit No. 43 of 1945m on September 9, 1944, against Ranchoddas, the father of the plaintiff, for maintenance, past as well as future, and for recovery of her Stridhan ornaments. The matter came to this Court in First Appeal No. 313 of 1947. Dwarkabai succeeded in getting a decree. The plaintiff's father paid Rs. 9,000/- as ...
Tag this Judgment!Enas Elish Sutari Vs. the State of Maharashtra and anr.
Court: Mumbai
Decided on: Apr-10-1975
Reported in: 1976CriLJ1859; 1975MhLJ772
Chandurkar, J.1. The accused has filed this appeal challenging his conviction for the offence punishable under Section 3 of the Railway Property (Unlawful Possession) Act, 1966. The prosecution case in brief is that at about 6.45 a. m. on 22-4-1972 the accused, who was a fitter in the Railway Workshop at Parel, was found throwing some brass bars across the compound wall of the workshop, which was 12 or 15 feet high and on being stopped by Rakshak Audh Bihari Singh (P.W. 1), he was found in possession of some other brass parts concealed in his pant pocket. The actual search taken by P.W. 5 Shivkumar Pathak in the presence of two panchas P.W. Jagdishkurnar and P.W. 3 Pundlik yielded three brass parts from his pocket. One brass choke was found lying near his feet, Since the articles found were Railway property, the accused was prosecuted for the offence under Section 3 (a) of the Act. The accused merely denied the offence. Before the trying Magistrate the witnesses examined were Rakshak P...
Tag this Judgment!Guljarsing and ors. Vs. the State of Maharashtra
Court: Mumbai
Decided on: Apr-07-1975
Reported in: 1976CriLJ205
Masodkar, J.1. These three revisions can be disposed of by this common judgment.2. All the three applicants are residents of village Pachori, taluq Burhanpur, district East Nimar, of Madhya Pradesh State. They have bee found guilty under Section 3 read with Section 25 (a) of the Arms Act, 1959 hereinafter called the Act, for having been found at village Ambaparwa possessing what is styled by the prosecution as revolver and certain ammunitions.3. Briefly stated, the facts are that P.S.I. Panjabrao was attached to Khangaon Police Station. He had found Tarasing and Baryamsing having in possession of some hand-made pistols in October, 1971 and pursuant to the information lie proceeded to village Ambaparwa which is on the border of the two States, Maharashtra and Madhya Pradesh, He was accompanied by Sambhaji and Samad, two police constables. Having got down at the Dak-Bungalow at Ambaparwa, it is the case of the prosecution that constable Sambhaji and Samad were sent to the village of the ...
Tag this Judgment!In Re: Dena Bank Ltd.
Court: Mumbai
Decided on: Apr-06-1975
Reported in: [1976]46CompCas541(Bom)
Vimadalal, J.1. This is a petition by a transferor-company under section 391 read with section 394 of the Companies Act for sanctioning a scheme of amalgamation under which the property, assets and liabilities of the petitioner-bank, the registered office of which is in Bombay, are to be transferred to a company, named Straw Products Ltd., registered in Orissa. The facts necessary for the purpose of the present judgment are that the issued, subscribed and paid up capital of the petitioner-company is Rs. 1,25,00,000 divided into 2,50,000 shares of Rs. 50 each fully paid. The principal object of the company was to conduct banking business, but the undertaking of the said company was taken over by the Central Government some time in July, 1969, under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, consequent on the nationalisation of certain banks in this country, and the petitioner-company received compensation amounting to Rs. 3.60 crores in respect of the sa...
Tag this Judgment!- ‹ Prev
- 2
- Next ›
- Last »