Mumbai Court August 1982 Judgments
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Laxmibai W/O Sonu Surve and ors. Vs. Ramchandra Ragho Sawant
Court: Mumbai
Decided on: Aug-04-1982
Reported in: 1983(1)BomCR118
Sharad Manohar, J.1. This appeal has been filed against the order of the learned Judge of the Bombay City Civil Court who has dismissed the appellants chamber summons for bringing themselves as heirs of the original plaintiff on record on the ground that the same was barred by limitation and that there was no justifiable ground for condonation of the delay. By the self-same order, the learned Judge also held that the suit stood abated.For the reasons which will be mentioned presently, both the orders passed by the learned Judge have got to be and are being set aside by this order.2. The facts are very few and simple.Original plaintiff, one Sonu Balu Surve, filed a suit against defendant Ramchandra Ragho Sawant, Suit No. 3000 of 1969, for various reliefs. From the reliefs claimed, it will be seen that the property involved was of an extremely valuable character. A declaration was sought from the Court that the suit property, namely, 'Chawl House No. 512' and the land thereunder was of t...
Abdul R. Pathan Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-03-1982
Reported in: 1983(1)BomCR489
B.J. Rele, J.1. The accused has preferred this appeal against his conviction and sentence under section 376 of the Indian Penal Code, passed by the learned Additional Sessions Judge, Greater Bombay.2. The prosecution case is that the accused and the victim girl Zarina reside in Pathan Building, S.V. Road, Bombay. Zarina was at the relevant time living in Room No. 28, with her mother Khatunbi, her sister Hasina and her brother Gulam Kasam. The accused was residing in Room No. 38 on the second floor. Room No. 24 which is the scene of offence belongs to the brother of the accused by name Abdul Khalif. In that room Abdul Khalif resides with his wife and carries on embroidery business under the firm name and style of Fine Art Embroidery Works.3. On 14th May, at about 5.30 p.m. Zarina was playing in the passage of Pathan Building. It is alleged that at that time, the accused called her to Room No. 24 but as Zarina refused, the accused forcibly took her in that room and there the accused comm...
Raja Dhanrajgirji, Chela of Late Narsingirji Gijangirji Vs. State Bank ...
Court: Mumbai
Decided on: Aug-03-1982
Reported in: 1983(2)BomCR657
B.A. Masodkar, J.1. In the present appeal, the challenge is to the decree made against the appellant, who claims to be the Jagirdar, and in favour of the State Bank of Hyderabad, which sued for the recovery of the amount at the foot of the account, being cash credit account, which was, admittedly, opened by the appellant on or about 20th August, 1959, as is shown and not in dispute vide Ex. 77, Eventually, the claim was set up and a decree has been made in the sum of Rs. 3,70,907.78 p. in favour of the plaintiff-bank. The present appellant raised legal defences basing his submissions on the provisions of the Hyderabad Jagirdars Debts Settlement Act, 1952, to which we will make a reference while appreciating the submissions of the learned Counsel appearing for the appellant.2. Shortly stated, the defence was that the account with the plaintiff bank, initially began in 1948 and as a result of the 1952 Act, the defendant-appellant being the Jagirdar, his debt stood extinguished under sect...
Suresh N. Hingorani Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-02-1982
Reported in: 1982(1)BomCR854
B.J. Rele, J.1. This is an application for quashing the proceedings in Criminal Case No. 15913 of 1974 pending in the Court of the Judicial Magistrate First Class, Court No. 8, Pune.2. The brief facts of the case are that on 16-8-1974 at about 4.30 p.m. the complainant S.B. Jadhav, Food Inspector, accompanied by other Officers of the Food and Drug Administration and a Police Constable of Pimpri Police Station went to the factory premises of M/s. Harnik Food Industries at premises No. 4-22, 'H' Block, M.I.D.C., Pimpri, Pune. The petitioner who was at the relevant time Production Manager and one Ramesh Murlidhar Kriplani, a Typist-Clerk, since absconding were present in the factory premises. The complainant selected samples of food of (1) Whistle Pops, (2) Sugar and (3) Arrowroot, used for the manufacture of food articles, for the purpose of test and analysis under Rule 9 of the Prevention of Food Adulteration Rules, 1955. The complaint states---'The usual sampling procedure prescribed u...
Surgical Corporation Vs. Lachmibai Gagandas (Smt.)
Court: Mumbai
Decided on: Aug-02-1982
Reported in: 1982(1)BomCR916
R.A. Jahagirdar, J.1. This petition arises out of proceedings initiated by the petitioner by filing an application, being R.A.N. Application No. 1225/SR of 1974, under section 11(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, hereinafter referred to as 'the Bombay Rent Act', after receiving the notice from the respondent-landlord under section 12(2) of the Bombay Rent Act. It may be mentioned at this stage itself that the application under section 11(3) of the Bombay Rent Act was not made within one month after the receipt of the notice. From this it seems inevitable that a suit, if one is filed against the petitioner for eviction on the ground of arrears of rent, will have to be decreed in view of the judgment of the Supreme Court in Harbanslal Jagmobandas v. Prabhudas Shivllal 78 Bom.L.R. 213. However, my observation in this regard is only as aside and the Court dealing with the suit will naturally hear the same and dispose it of in accordance with law on the fact...
Joseph Francis Lobo (Dr.) Vs. Secretary, Modern Education Society, N. ...
Court: Mumbai
Decided on: Aug-02-1982
Reported in: 1983(1)BomCR162
C.S. Dharmadhikari, J.1. It appears to be an admitted position that petitioner-Dr. Joseph Francis Lobo was working as part-time demonstrator from 26th June, 1967 to 14th November, 1968 in Nowrosjee Wadia College, Pune, run by the Modern Education Society. Thereafter from 15th of November, 1968 to 14th June, 1970 he was employed as a full time demonstrator. Then it appears that for a period of two years i.e. from 15th June, 1970 to 15th June, 1972 the petitioner was employed as a lecture in St. Vincent College at Pune. He rejoined N. Wadia College in June 1972 as a full time demonstrator in a leave vacancy. Then he worked as a full time demonstrator from 15th November, 1974 to 31st of March, 1975 and went abroad to Itlay for higher studies. He returned to India in December 1976 and joined as a full time demonstrator in the degree college in the same institution viz. N. Wadia College on 10th January, 1977. Thereafter, he was appointed as a lecturer by the letter dated 15th of May, 1979 w...
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