Mumbai Court April 1977 Judgments
Awadhoot and ors. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Apr-28-1977
Reported in: AIR1978Bom28; 1977MhLJ689
Dharmdhkari, J.1. in Special Civil Application No. 417 of 1977 the petitioner, who is a tenure holder, hag filed a return before the Collector, which was subsequently forwarded to the Surplus Lands Determination Tribunal (hereinafter referred to as 'the S. L. D. T.') and after holding necessary enquiry, the S.L.D.T. found that the petitioner was holding 45.27 acres of land as surplus and, therefore, directed delimitation of the said land under Section 21 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (hereinafter referred to as 'the Act'). Being aggrieved by this order, he filed an appeal before the Maharashtra Revenue Tribunal. The Maharashtra Revenue Tribunal dismissed the said appeal. Being aggrieved by this order, the present writ petition is filed by the petitioner raising various contentions before us. According to the petitioner, the authorities below committed an error in counting the land, which was already counted in the holding of his son Umakant in th...
Tag this Judgment!Malkarjunappa Shivmurthiappa Vs. the State of Maharashtra
Court: Mumbai
Decided on: Apr-28-1977
Reported in: (1978)80BOMLR337
Vaidya, J.1. The above First Appeal was filed by the original plaintiff, who died during the pendency of the appeal and is now represented by his heirs.2. The plaintiff filed the Special Suit No. 39 of 1966, on August 29, 1966, in the Court of the Civil Judge, Senior Division, Nanded, against the respondent-defendant-the State of Maharashtra, to recover Rs. 39,000 as the price of his motor-truck and Rs. 75,000 by way of damages for the loss of income to him, from the date of seizure and detention of the truck, by the police officers, from August 30, 1962, to the date of the suit, at the rate of Rs. 20,000 per year and further damages for the loss of income at the above rate until the date of realisation of the price of the truck and for costs of the suit from the defendant.3. The allegations made by the plaintiff in the plaint, can be briefly stated as under: The plaintiff had been carrying on business as a public carrier for a long time; and in connection with his business, he had pur...
Tag this Judgment!Bindraban Kanhaiyalal Agarwal Vs. Kasturilal Nyhalchand Sodi
Court: Mumbai
Decided on: Apr-26-1977
Reported in: (1979)81BOMLR110; 1978MhLJ561
Chandurkar, J.1. The only question raised in this appeal is whether the City Civil Court at Bombay has jurisdiction to execute a money decree transferred to it for execution by another Court when the total decretal amount to be recovered in execution exceeds the amount of Rs. 25,000 which is the pecuniary jurisdiction of the City Civil Court.2. In Civil Suit No. 7B of 1952 decided by the Civil Judge No. I, Yeotmal, the plaintiff decree-holder obtained a decree for payment of Rs. 17,118-90 on August 22, 1956. The amount was payable with interest at 12 per cent, per annum from November 4, 1952 till realisation. The figure of the amount due from the defendants ultimately swelled to Rs. 35, 763.31 P. and under Section 39 of the Code of Civil Procedure the decree was transferred to the City Civil Court at Bombay by the Yeotmal Court.3. An objection was taken in executing Court to the maintainability of the execution on the ground that since the amount due and payable to the decree-holder ex...
Tag this Judgment!Balasaheb Anandrao Ghatge Vs. Jaimala Sahaji Raje Angre and ors.
Court: Mumbai
Decided on: Apr-25-1977
Reported in: AIR1978Bom44; (1979)81BOMLR105; 1977MhLJ777
ORDER1. The present civil revision application arises out of an application made by the revision-applicant Balasaheb Anandrao Ghatge for a succession certificate. The matter has a chequered history and the point involved, though a narrow one, is important under the Hindu Law of Succession.2. It appears that one Bhavanji Raje Ghatge who was a Watandar of certain lands was entitled to a cash allowance of Rs. 4,026/- per year from the Government. He died in the year 1910 leaving only his widow Laxmibai, The watan came to be abolished as per the provisions of the Bombay Pargana and Kulkarni Watans (Abolition) Act, 1950 which came into force on 1-5-1951. As per the said provisions, in view of the abolition of the watan, the watandar was entitled to get compensation equal to seven times the amount of the yearly cash allowance. The Collector, Satara by his order declared that Laxmibai the widow of the said Bhavanji Raje was entitled to get compensation of Rs. 28.182/-. This order was passed d...
Tag this Judgment!Shripatrao Dajisaheb Ghatge and anr. Vs. the State of Maharashtra and ...
Court: Mumbai
Decided on: Apr-22-1977
Reported in: AIR1977Bom384; (1977)79BOMLR259; 1977MhLJ406
Tulzapurkar, Actg. C.J. 1. These four petitions have been placed before this larger bench with a view to ascertain the impact of Article 227 of the Constitution as amended by the Constitution (42 Amendment) Act, 1976 on pending petitions filed under that Article prior to its amendment and to consider the allied questions that arise under the said amended article. Each of the four petitions has been regarded as being representative in character of a large number of petitions that have been filed and are pending in this Court since prior to 1st February 1977, the date on which the amended Article 227 has come into force.2. By Spl. Civil Application No. 5377 of 1976 a certain decision rendered in appeal and confirmed in review by the Maharashtra Revenue Tribunal under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 has been challenged by the petitioners therein under Article 227; the petition was filed on 9-12-1976 and rule nisi and interim stay were granted by this Cou...
Tag this Judgment!Shantilal Ambalal Mehta Vs. M.A. Rangaswamy
Court: Mumbai
Decided on: Apr-22-1977
Reported in: (1977)79BOMLR633; 1977MhLJ587
Chandurkar, J.1. There are several petitions pending in this Court filed by litigants under Article 226 of the Constitution of India as it originally stood before the Constitution of India was amended by the Constitution (Forty-second Amendment) Act, 1976, and the one question which now faces not only the litigants and the counsel but also the Court is, what is the extent of the impact of the newly introduced provisions in Articles 131A, 226, 226A and 228A of the Constitution of India read with the provisions of Section 58 of the Constitution (Forty-second Amendment) Act, 1976 hereinafter referred to as 'The Amending Act'. These thirteen petitions are, therefore, placed before this Full Bench as they raise certain questions which needed early authoritative determination and which were representative of some of the questions which arise in almost all pending matters under Article 226 of the Constitution of India including matters in which interim orders have been made by this Court, the...
Tag this Judgment!imam Samsher Hakim and anr. Vs. the State of Maharashtra
Court: Mumbai
Decided on: Apr-21-1977
Reported in: 1978CriLJ712
Sapre, J.1. This is an appeal by accused Nos. 2 and 3, who have been convicted by the Additional Sessions Judge, Kolhapur, Under Sections 302, 397 and 449, all read with Section 34 of the I. P. C, They have been sentenced to suffer rigorous imprisonment for life, rigorous imprisonment for 7 years and rigorous imprisonment for 2 years respectively for the three offences, the substantive sentences being made to run concurrently. Along with them, accused Nos. 1 and 4 were also tried for the said three offences, but they were acquitted.2. Accused No. 2 Imam and accused No. 3 Mansur are brothers. They are the sons of accused No. 1 Shamsher. Accused No. 4 Badshah alias Babu is the brother of accused No. 1 Samsher. They are the second cousins of one Abdul Sultan Hakim, whose widow Chandbi is the victim of the offences. She was done to death at her house on the night between 7th and 8th July, 1975. She was suffocated to death and robbed of her ornaments which she was wearing. According to the ...
Tag this Judgment!Shriram and anr. Vs. Thakurdas and anr.
Court: Mumbai
Decided on: Apr-21-1977
Reported in: 1978CriLJ715; 1977MhLJ581
ORDERGadgil, J.1. The applicants in this Criminal Application, (hereinafter referred to as accused Nos. 1 and 2) in Criminal Case No. 12275/1976/V. O. on the file of the Judicial Magistrate First Class, Second Court, Amravati, have filed this application Under Section 397 read with Section 40i as also Under Section 482 of the Cr.PC praying that the proceedings in the above-mentioned criminal case be quashed.2. Non-applicant No. 1 in this application (hereinafter referred to as the 'complainant'), has filed the criminal case in question against the two accused alleging that offences Under Sections 380, 425 and 441 as also Under Section 109 of the I P. C. have been committed. The allegations in the complaint are that the complainant was running a hotel in a tin-shed in Municipal House No. 231/8 at Amravati. Accused No. 1 is the Chief Officer of the Amravati Municipal Council, while accused No. 2 is the sub-overseer working in the Municipal Council. The complainant further alleges that ac...
Tag this Judgment!Ghaffor Bhai Nabu Bhai Tawar Vs. Motiram Keshaorao Bongirwar and ors.
Court: Mumbai
Decided on: Apr-18-1977
Reported in: 1978CriLJ405; 1977MhLJ548
ORDERGadgil, J.1. The applicant has filed the present revision against an order passed by the Judicial Magistrate, First Class, Darwha, in Miscellaneous Criminal Case No. 1 of 1977, directing that truck No. MHV-5232 be delivered to Keshaorao Narayanrao Bongirwar (non-applicant No. 2 in this proceeding) on his executing a supratnama in the amount of Rs. 30,000/-. The supratnama is to contain a term that non-applicant No. 2 should produce the property whenever required.2. Truck No. MHV-5232 originally belonged to the applicant (who is the original complainant). The truck was registered in the name of the applicant in the Regional Transport Officer's record. The applicant's ease in brief is that he obtained a loan of Rs, 9,000/- from non-applicant No. 2. He executed a blank form for the transfer of the truck in the name of non-applicant No. 2. However, the truck remained and continued in possession of the applicant. It is alleged that on Dec. 9, 1976, non-applicant no. 1 (who is the son o...
Tag this Judgment!State Vs. Udayram Rupram Oza
Court: Mumbai
Decided on: Apr-15-1977
Reported in: (1977)79BOMLR372
Jahagirdar, J.1. This appeal preferred by the State against an order of acquittal passed in respect of an offence under the Prevention of Food Adulteration Act raises an interesting point of law.2. The respondent-accused was running a hotel known as 'Shankar Vilas Hindu Hotel' situated in Shetiya Market at Patel, Bombay. On September 28, 1973, at about 3.15 p.m. the Food Inspector of the Food and Drugs Administration, visited the shop and after disclosing his identity, asked the accused to give him 60 ml. of buffalo's milk. According to the prosecution, the accused gave the quantity of milk asked for and received Rs. 2 as price of the same. After following the usual procedure of dividing the sample into three equal parts and adding twenty drops of formalin to each one of the said samples, and after the receipt of the report from the public analyst, to whom one sample was sent, the complainant filed this complaint against the accused, charging him with the offence punishable under Secti...
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