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Mumbai Court July 1977 Judgments

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Jul 01 1977

Hanifabi Vs. Kamal and ors.

Court: Mumbai

Decided on: Jul-01-1977

Reported in: AIR1978Bom283; 1977MhLJ673

Kambli, J.1. This petition is directed against the order dated 13-9-1972 passed by Civil Judge, Senior Division, Washim, setting aside the election of Ward No. 4 of the Malegaon Gram Panchayat held on 25-5-1970, including the election of the petitioner as a woman candidate from that ward, under Section 15 of the Bombay Village panchayats Act, 1958.2. Ward No. 4 of Malegaon was a double member constituency and one seat was reserved for a woman candidate.The elections to the village Panchayat were to be held on 24-5-1970. The nominations were to be submitted by 6-5-1970. The scrutiny thereof was to be done on 7-5-1970, and the counting was scheduled for 25-5-1970.3. The petitioner had filed her nomination before the prescribed date, specifically disclosing therein that she was contesting for the 'reserved seat'. The respondents 1 to 4 had also filed their respective nominations for the general seat. Respondent No. 1 was a voter, from Ward No. 6. She had however filed her nomination paper...


Jul 01 1977

Rajaram Brindavan Upadhyaya Vs. Ramraj Raghunath Upadhyaya

Court: Mumbai

Decided on: Jul-01-1977

Reported in: (1978)80BOMLR12; 1977MhLJ792

Sapre, J.1. The question of law that arises in this second appeal is whether the provisions of Section 5(11)(c) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (briefly, 'the Rent Act') are meant to supersede the right of inheritance to the tenancy vesting in the heirs on the death of the tenant, under the personal law of the party. The present proceedings were filed as Special Civil Application under Article 227 of the Constitution of India before a single Judge. The learned single Judge referred it to a division Bench for decision not only because the point of law raised in it is of considerable importance but also because, in his view, there is a conflict between two single Judge decisions of this Court on the point. In Minoo J. Patel v. Jamshedji B. Aga (1966) Civil Revision Application No. 1556 of 1963 decided by K.K. Desai J., as he then was, the view taken is that the provisions of Section 5(11)(c) of the Rent Act are not meant to supersede the right of inhe...


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