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Mumbai Court September 1975 Judgments

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Sep 01 1975

Digambar Narayan Kulkarni Vs. Gajanan Laxman Barve

Court: Mumbai

Decided on: Sep-01-1975

Reported in: (1976)78BOMLR252; 1976MhLJ3

Chandurkar, J.1. The petitioner had filed a suit against the respondent for possession of block of three rooms of house No. 12 situated in Somwar Peth in Poona inter alia on the ground that the petitioner bow, fide required the premises for personal use and occupation. It appears that the matter was adjourned for evidence after the tenant had filed his written-statement contesting the claim of the plaintiff and on June 18, 1968 when the suit was fixed for evidence, a compromise application came to be filed signed by both the plaintiff and the defendant and the respective counsel. According to the terms of the compromise, the defendant was to vacate one room on the first floor on or before April 30, 1970 and hand over possession of the same to the plaintiff and if the room was not so handed over, the plaintiff was at liberty to execute the compromise decree. The terms of the compromise further provided that the remaining portion of the premises would be continued to be held by the tenan...


Sep 01 1975

Bhanudas Krishna Gawde Vs. K.G. Paranjape and ors.

Court: Mumbai

Decided on: Sep-01-1975

Reported in: 1976CriLJ534

Vimadalal, J.1. This is a petition filed by a detenu (petitioner No. 2) and his son (petitioner No. 1) against the detaining authority as well as the Superintendent of the Than a Central Prison, the State of Maharashtra, and the Union of India for writs under Articles 226 and 227 of the Constitution, (a) quashing and setting aside the Conservation of Foreign Exchange and Prevention of Smuggling Activities (Maharashtra Conditions of Detention) Order, 1974 (hereinafter referred to as 'the Conditions of Detention Order'); (b) requiring the respondents to keep the detenu under detention in accordance with the Maintenance of Internal Security (Maharashtra Conditions of Detention) Order. 1971. as applicable to detenus under the MISA. or in accordance with the conditions applicable to undertrial prisoners, or civil prisoners in accordance with the rules contained in the Jail Manual or rules made under the prisons Act. 1894, and in conformity with that Act; and (c) requiring the respondents no...


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