Mumbai Court December 1985 Judgments
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Jawahar S/O Gendalal Banode Vs. Somajibhai S/O Karsanji Patel
Court: Mumbai
Decided on: Dec-03-1985
Reported in: 1986(2)BomCR447; 1986MhLJ480
M.S. Deshpande, J.1. This revision application by the original defendant is directed against the order passed by the Joint Civil Judge (Senior Division), Nagpur, rejecting his application to treat Special Civil Suit No. 286 of 1984 as a fresh suit by following the procedure laid down by the Code of Civil Procedure.2. The opponent brought Civil Suit No. 1084 of 1980 for possession, arrears of licence fees and damages. The claim was valued at Rs. 6000/-. The applicant by his written-statement, raised an objection that the claim had been under valued. The suit was assigned to the 15th Joint Civil Judge (Junior Division), Nagpur. While the evidence was being recorded, it came to light that the premises were worth Rs. 40,000/- and as the valuation exceeded the pecuniary jurisdiction of the Civil Judge (Junior Division), the Civil Judge passed an order on 2-3-1984 to the effect that as the valuation of the subject matter exceeded his pecuniary jurisdiction, the plaint be returned to the plai...
Raghunath Eknath Hivale Vs. Shardabai Karbhari Kale and ors.
Court: Mumbai
Decided on: Dec-03-1985
Reported in: I(1987)ACC253
Sawant, J.1. These are two appeals filed by the owner of a truck which is a goods vehicle against the decisions of the Accident Claims Tribunal, Ahmednagar, making him liable to pay compensation to the claimants under the Motor Vehicles Act, 1939.2. The relevant facts leading to both the appeals are as follows :3. The accident in question took place at about 9-30 a.m. on the 28th July 1982 near Chandnapuri Shivar on Sangamner-Pune Road. The truck in question bearing motor vehicle No. MWA 548 was owned and driven by the Appellant Raghunath. At the relevant time, it was loaded with 700 baskets full of tomatoes. Along with tomato baskets, the truck was also carrying 15 to 16 owners thereof. Some of them were sitting in the receptacle of the truck and two of them were sitting by the side of the driver. As the truck proceeded after crossing a corner, according to the Appellant, a jeep car came from the front and on the wrong side of the road. He therefore tried to avert a collision, with th...
Prabhakar Pandurang Sanzgiri Vs. State of Maharashtra
Court: Mumbai
Decided on: Dec-02-1985
Reported in: 1986(1)BomCR272
A.D. Tated, J.1. This Criminal writ petition under Article 227 Constitution of India is directed against the order passed by the Metropolitan Magistrate, 27th Court, Mulund, Bombay, on 5th November, 1984 directing charge to be framed under section 506 (Part II) read with section 114 I.P.C. against the petitioner-accused No. 1.2. Mahableshwar Govind Kalkgutkar, P.S.I. Bhandup Police-Station, filed first information report against the petitioner-accused No. 1 alleging that the accused No. 1. In the workers' meeting at the gate of Manik Metal and Manik Engineering Company at Lal Bahadur Shastri Marg, Bhandup, Bombay, on 22nd September, 1981 at about 1 p.m. addressed the workers and during the addressed he said that P.S.I. Avhad should not try to teach the A B C to the workers, otherwise they would teach him a lesson with Lathis, on the basis of the said report. C.R. No. 443 of 1981 was registered at Bhandup Police Station and after necessary investigation charge-sheet was filed against th...
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