Mumbai Court April 1978 Judgments
Balkrishna Bhanudas Chillal Vs. Narayanibai Ramkrishna Kukal
Court: Mumbai
Decided on: Apr-27-1978
Reported in: AIR1979Bom106
ORDER1. The parties own adjoining plots of land situate in the village of Soregaon in District Sholapur, the Petitioner being the owner of the plot bearing survey No. 175 and the Respondent being the owner of the plot bearing survey No. 174. Each party alleged that the other had encroached upon his plot of land. This led to disputes between the parties, and ultimately a joint application was made by them to the office of the Cadastral Surveyor to ascertain the boundaries of their respective lands. The survey was carried out by the Survey Officer and a plan was prepared which showed that the Respondent had encroached upon the Petitioner's land to the extent of five acres of land. Thereafter on the application of the Respondent a fresh survey was carried out in 1970 and a new plan was drawn which showed that the Petitioner had encroached upon the land of the Respondent to the extent of sixteen acres of land. According to the Petitioner, while the first survey was carried out after due no...
Tag this Judgment!Pradyut Natwarlal Shah Vs. Suryakant N. Sangani and ors.
Court: Mumbai
Decided on: Apr-25-1978
Reported in: AIR1979Bom166; (1978)80BOMLR486; 1979MhLJ72
1. This is an appeal against an order of the Bombay City Civil Court: granting a temporary injunction in a suit filed under Order XXI, Rule 103 of the Civil P. C. 1908.2. The material facts which have given rise to this Appeal are that the Second Respondent filed a suit in the Bombay City Civil Court against the Third Respondent, being Suit No. 8639 of 1969, to recover a sum of Rs. 20,041 with further interest on the principal sum of Rs. 17,060. It appears that in respect of some other dealings between these two Respondents the Second Respondent had filed a prosecution against the Third Respondent in which the Third Respondent was convicted and sentenced to imprisonment. The said suit No. 8639 of 1969 was decreed ex parte on March 31, 1970. The Second Respondent thereafter took out execution Proceedings, and in the said execution proceedings a warrant of attachment was issued under Order XXI, Rule 54 of the Civil P. C. attaching the right, title and interest of the Third Respondent in ...
Tag this Judgment!Bhiwa Yeshwant Vs. Regional Director, E.S.i. Corp. and ors.
Court: Mumbai
Decided on: Apr-25-1978
Reported in: (1978)80BOMLR361; 1978MhLJ589
S.C. Pratap, J.1. An otherwise simple matter has turned out to be one of some interest and importance to the Bar as also to the litigating public.2. This first appeal by the original applicant one Bhiwa Yeshwant against the judgment and order dated July 20, 1977, passed by the learned Judge, Employees' Insurance Court, Bombay, in Application No. 19 of 1977, was filed in the office of this Court by Mr. J.R. Pandey claiming himself to be an Attorney at Law. After the usual procedure, the appeal was numbered and in due course placed before the Court for admission, the board in that behalf showing Mr. J.R. Pandey as being the Advocate for the appellant.3. When the matter was first called out on April 18, 1978, Mr. Pandey appeared and commenced his arguments. However, finding him in an informal suit with tie and not in the robes of an Advocate appearing in the High Court, the Court requested him to come in proper Court attire and address the Court only thereafter. He then informed the Court...
Tag this Judgment!State of Maharashtra Vs. Anderson Finn Kay Ove
Court: Mumbai
Decided on: Apr-25-1978
Reported in: 1978CriLJ1666
Dighe, J.1. These proceedings relate to the prayer of enhancement of sentence passed by the Chief Metropolitan Magistrate, Bombay, on 27-2-1978, against the 1st respondent Andorsen Finna Kay Ove.2. According to the case for the prosecution, during night between 31-12-1977 and 1-1-1978, the respondent-accused accompanied by another person reported at Santa Cruz Airport for * flight which was to leave Bombay for Copenhagen via London, When the accused produced his baggage consisting of two suit-cases, on examination, it was found that the suit-cases had concealed packets in which 7 kgs. of Has his valued approximately at Rs. 9,000/-, was found. Necessary formalities of making the panchanama etc., were done and the accused was charge-sheeted. Sanction from the Additional Collector of Customs, Bombay, was obtained. At the trial the accused pleaded guilty, That plea was accepted, The learned Magistrate observed that the accused was a foreign national of Danish origin. There was a growing te...
Tag this Judgment!Sitabai Ramchandra Jaltare and ors. Vs. Masjid Nurun Mohalla Jingerwad ...
Court: Mumbai
Decided on: Apr-24-1978
Reported in: AIR1979Bom109; 1978MhLJ789
Ginwala, J.1. This appeal under the Letters Patent has been filed against the Judgment of the learned single Judge (Mr. Justice Nain) in Appeal No. 20 of 4967, allowing the said appeal and setting aside the order passed by the learned District Judge on 13th April 1967 in Miscellaneous Judicial Case No. 27 of 1965. The facts leading to the present appeal may shortly be stated as follows,2. At Akot in district Akola, there was a mosque popularly known as 'Mas-jid Nuran' or Nurunbiki Masjid. It appears that some immoveable property in the shop of open plot and built houses had been dedicated to this mosque. One Awaliyabi, who purported to be the Mutually of the mosque, brought a suit being Civil Suit No. 279-A of 1951 In the Court of Civil Judge at Akot against Ramchandra Narayan for possession of a piece of land, demarcated by letters ABCDEFJLM in the map accompanying the plaint on the allegation that this piece of land belonged and was in possession of the mosque and was in wrongful pos...
Tag this Judgment!Hashmatrai and anr. Vs. Tarachand and ors.
Court: Mumbai
Decided on: Apr-18-1978
Reported in: AIR1979Bom95; 1978MhLJ750
1. Appellants 1 and 2 (the legal representatives of the original defendant Hiranand Gurumukhdas), have filed this appeal against the decree for possession passed against them in Civil Suit No. 2 of 1964 of the file of the Civil Judge (Senior Division) Wardha, and which was confirmed by the District Judge, Wardha in appeal No. 60 of 1966.2. At this stage there are certain undisputed facts. The suit property is a part of a plot situate at Wardha. Initially the entire plot was owned by one Murarka. In or about 1948, he let it out to Lalchand on the annual rent of Rs. 101/-. It seems that Lalchand started his own business after erecting some structures thereon. Thereafter he sold that business along with the lease-hold rights to the original defendant Hirachand. As far as the lessor's interests are concerned, they were sold by public auction and a firm known as Mahabir Prasad Shamsundar (acting through Motilal) purchased the suit plot. The purchaser divided the plot in three parts. One of ...
Tag this Judgment!In Re: Mulraj T. Morarji and anr.
Court: Mumbai
Decided on: Apr-17-1978
Reported in: [1979]49CompCas475(Bom)
Bharucha, J. 1. This is a winding-up petition based upon a debt in the sum of Rs. 800. Mr. Chagla, learned counsel for the company, has stated that the company does not dispute the debt but that it is presently unable to make the payment. 2. On 13th February, 1978, when this petition had reached hearing before me, Mr. Chagla applied for an adjournment on the ground that a new management had taken over the company as well as Centron Industrial Alliance Ltd., of which the company is a fully-owned subsidiary. The affidavit in support of that application, dated 10th February, 1978, asked for an adjournment for a period of four months or such other period as the court considered reasonable to enable the new management to place before the court the efforts made to revive the company. I had then adjourned the matter till to-day. 3. In support of the application now made for adjournment of the petition until the end of the year 1978, the company has filed the affidavit of one Murlidharan. It s...
Tag this Judgment!Avaba Bajirao Nikam and ors. Vs. the State of Maharashtra
Court: Mumbai
Decided on: Apr-17-1978
Reported in: 1979CriLJ72
ORDERDighe, J.1. This is an application in revision filed by six convicted accused. The accused No. 1 has been found guilty by the Appellate Court of the offence under Sections 323, 148 of the I. P. C. and accused Nos. 2 to 6 have been found guilty under Sections 323 and 147 of the I. P. C. One more accused has been put on probation.2. Mr. Kamat, the learned advocate appearing on behalf of the petitioners, is interested in pressing the law point. He submits that the conviction under Section 148 or 147 I.P. C. is illegal in the face of the finding of the appellate Court acquitting these appellants under Section 143 of the I.P. C.3. Even before going to the law aspect for appreciating the background, certain facts may be referred to. The incidence in this case is alleged to have taken place on 18-5-1975 at about 8.30 p. m. One Tatyaba Ramji Nikam of Ambheri had gifted his landed property to his son-in-law Sharmrao Piraji Sakpal, from a different village. Shamrao was interested in selling...
Tag this Judgment!Shafique Ahmed Vs. Jayant Metals Corporation Bombay
Court: Mumbai
Decided on: Apr-14-1978
Reported in: AIR1979Bom81; (1978)80BOMLR702
ORDER1. Questions of some significance and importance arise for determination and judgment in this petition filed by the original defendant Shafique Ahmed challenging the order dated Sept. 23, 1977, passed by the Court of Small Causes at Bombay, on his application for setting aside a distress warrant issued to distrain his moveable property at the instance of the opponents herein---the original plaintiffs--Messrs. Jayant Metals Corporation, a partnership firm.2. As per the case of the plaintiffs, a portion of an open plot of land of which the plaintiffs claim to be lessees from the Trustees of the Port of Bombay, was, under an oral arrangement, given by the plaintiffs to the defendant for storage facilities on payment of storage charges/compensation at the rate of Rs. 122/- per month. The said licence, also called an arrangement, was revoked by the plaintiffs by notice dated Feb. 12, 1977. By subsequent notice dated June 23, 1977, the plaintiffs called upon the defendant to pay the arr...
Tag this Judgment!Shivlingavva Irappa Birajdar Vs. Yeshwantrao Hanmatrao Vorpetti
Court: Mumbai
Decided on: Apr-13-1978
Reported in: (1979)81BOMLR353; 1979MhLJ117
R.M. Kantawala, C.J.1. Defendants Nos. 1 to 7 have filed this appeal against the concurrent decree passed by both the Courts declaring that the plaintiffs have a right of easement to enjoy water of a well situate in survey No. 145/2 at Salgar and are entitled to take water to their land survey No. 146 situate at Salgar by the specified channel. Both the Courts have also granted an injunction restraining defendants Nos. 1 to 7 from interfering with plaintiffs' enjoyment of the right to use the water of the well and to take it by the channel.2. Plaintiffs together are the owners of survey No. 146. This survey number is divided into separate pot hiss as and as indicated in the sketch annexed to the plaint, those separate pot hiss as belong to the different plaintiffs. Similarly defendants are the owners of survey No. 145 in which there is a well. This survey number is also divided into separate pot hiss as. One share of pot hiss as belongs to defendants Nos. 1 to 7 and the two other porti...
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