Mumbai Court April 1986 Judgments
Charity Commissioner, Maharashtra State Vs. Shaikh Kasam Shaikh HussaI ...
Court: Mumbai
Decided on: Apr-04-1986
Reported in: 1988(1)BomCR400
H.W. Dhabe, J.1. The Appeal from Order No. 7 of 1981 and Civil Revision Application No. 151 of 1981 arise out of the same order passed by the learned District Judge, Buldana in the cases arising our of the proceedings under the Bombay Public Trusts Act, 1950 (for short, 'the Act') and, therefore, can be conveniently disposed of by this common judgment.2. Briefly, the facts are that there is a Sailani Shaha Baba Dargah (for short 'Dargah') at Pimpalgaon Sarai, Tahsil Chikhli, District Buldana registered as a public trust under the provisions of the Act. There was a complaint made to the Charity-Commissioner by Sheikh Bashir and five others who are shown as respondents 1 to 6 in Miscellaneous Judicial case No. 8 of 1978 in respect of the offerings made to the tomb of Sailani Baba. According to them the respondents in appeal from Order No. 7 of 1981 who collected the offerings made at the Dargah particularly during the period of Urs did not account for the same and in fact they misappropr...
Tag this Judgment!C.R. Dalvi and ors. Vs. Municipal Corporation and ors.
Court: Mumbai
Decided on: Apr-04-1986
Reported in: 1986(3)BomCR624; 1987MhLJ373
S.P. Bharucha, J.1. This petition concerns the August Kranti Maidan in Bombay. It is one of the city's playground, so designated in the existing and proposed Development Plans. 2. Until 1981 the August Kranti Maidan (now called 'the said maidan') was by the Municipal Corporation of Greater Bombay (the 1st respondent) to be used every year for a fair. The residents of buildings surrounding the said maidan complained. They were assured by the Corporation that it would not be permitted to be so used any more. In September 1985 the Maharashtra Rural Games Association (the 4th respondent) was permitted by the Corporation to hold what it termed a sports festival on the said maidan. It was noted from the advertisement that the Association issued that it was likely to be more in the nature of a commercial exhibition. Upon protests, the permission given to the Association was revoked by the Corporation. The Association filed a writ petition in this Court (being O.O.C.J. Writ Petition No. 2093 o...
Tag this Judgment!Smt. Sarojdevi and ors. Vs. Charushil and ors.
Court: Mumbai
Decided on: Apr-03-1986
Reported in: AIR1986Bom315; 1986MhLJ745
B.G. Deo, J.1. The short and important point for decision in this appeal is whether a suit for specific performance of a contract, abates in it's entirety when one of the plaintiffs, being a party to a joint, indivisible contract, dies, and his legal representatives are not brought on record within the specified time.2. The facts in brief are as follows :Four brothers viz. one Ramchandra who died before the institution of the suit and whose four legal representatives are the appellants Nos. 1 to 4; Suryakant plaintiff No. 5, Chandrakant plaintiff No. 6 and Omkant plaintiff No. 7 agreed to purchase one plot Being plot No. 390/4, Ghat Road, Nagpur, from the defendants-respondents Nos. 1 and 2, sometime in 1973, and while entering into an agreement for that purpose also agreed to purchase the adjoining plot No. 390/4 (390/3?), which is the subject matter of the suit by the following term in the contract dated 10-8-1973.'If at any time, in future, adjoining house and plot No. 390/3 is to b...
Tag this Judgment!Ahmed Khan Vs. Gracy D'Souza (Miss)
Court: Mumbai
Decided on: Apr-03-1986
Reported in: 1986(2)BomCR612; 1986MhLJ764
S.J. Deshpande, J.1. The writ petition under Article 227 of the Constitution of India is filed by the original defendant. Respondent is the original plaintiff. Petition arises out of an application made by the defendant with a prayer to set aside the ex parte decree in Suit No. 763/2405/81 of the Small Causes Court, Bombay.2. The aforesaid suit was filed by the original plaintiff following provisions of the Bombay Rent Act against the defendant, on the grounds of arrears of rent, sub-letting and unauthorised construction and praying for possession of the premises. In this suit, the respondent-plaintiff could not serve the defendant in proper way. He obtained order from the Court for substituted service. On the strength of the substituted service, the Small Cause Court passed an ex parte decree for delivery of possession of the suit premises on 2nd November, 1982.3. The suit premises is situated at Bombay. It is a shop premises wherein the defendant is alleged to have been carrying on b...
Tag this Judgment!Maharashtra State Electricity Board Through the Superintending Enginee ...
Court: Mumbai
Decided on: Apr-03-1986
Reported in: 1986(3)BomCR295; 1987MhLJ237
G.G. Loney, J.1. A very interesting but important question of interpretation of section 24 of the Indian Electricity Act, 1910 is mainly the subject matter of this appeal. The trial Court has given a finding that the notice under section 24(1) of the aforesaid act printed on the energy bill by the M.S.E.B. appellant is illegal, null and void. With this finding the trial Court restrained the appellant board perpetually from serving a notice under section 24(1) of the Indian electricity Act on the energy bills to the consumers in the Maharashtra State. Both these finding are inter-related and based on the interpretation of section 24 of the Indian Electricity Act.2. A dispute arose on account of the disconnection of electric supply through two meters installed in the house of respondent No. 1 Trimbakrao, who is dead. Respondent No. 2 Sheshrao More is said to be the tenant residing in the house of Trimbak and was using the electric supply to the portion of his house through Electric Meter...
Tag this Judgment!Arif @ Arifullah Khan Vs. Shaikh Iqbal and ors.
Court: Mumbai
Decided on: Apr-03-1986
Reported in: II(1987)ACC171
B.G. Deo, J.1. The appellant Arif alias Arifullah Khan, son of Niyamatullah Khan, a young boy aged about 26 years, was travelling as a Conductor in a Truck bearing No. MHG- 7999 on 24-11-1980. The truck was being driven by respondent No. 1 Shaikh Iqbal during the course of his employment with the respondent No. 2 Sardar Baldev Singh Bhatia. It was insured with the respondent No. 3. The truck was driven in high speed, in rash and negligent manner by the respondent No. 1 Shaikh Iqbal as a result of which he lost control over the vehicle while negotiating a turn. The truck swerved to its right side, climbed a small hillock and turned turtle on its left side. The left door of the truck flung open in the process and the appellant fell down with the entire body of the truck on him. He was removed in a seriously injured condition to Mayo Hospital, Nagpur where his left leg had to be amputated above the knee. The Driver, respondent No. 1, was prosecuted in Criminal Case No. 23 of 1981 under Se...
Tag this Judgment!Subhash Ganu Bhoir Vs. K.P. Raghuwanshi and anr.
Court: Mumbai
Decided on: Apr-02-1986
Reported in: 1987(1)BomCR425
C.S. Dharmadhikari, J.1. The petitioner in this case has challenged the order of externment issued by the Deputy Commissioner of Police, Thane on 3rd of October, 1985 under section 56(a) and (b) of the Bombay Police Act, as well as the order passed in appeal by the State Government on 24th of January, 1986 on various grounds.2. It is contended by Miss Desai, learned Counsel for the petitioner that the order is based on old and stale instances on the basis of which no order of externment could have been issued under the Bombay Police Act. She has also contended that the instance in which the petitioner was acquitted or the chapter cases which came to be dropped, could not have been taken into consideration for passing the externment order. Only one case is pending against the petitioner in Thane Court which is also of the year 1984. On the basis after a lapse of about one year no externment proceedings could have been taken against the externee. She also contended that the petitioner is...
Tag this Judgment!Khairunisa Mohamed Suleman Sayyed (Smt.) Vs. Sub-divisional Magistrate ...
Court: Mumbai
Decided on: Apr-02-1986
Reported in: 1987(1)BomCR427
C.S. Dharmadhikari, J.1. In this petition the petitioner has challenged the order of externment passed by the Sub-Divisional Magistrate, Miraj dated 26th of December, 1983 externing her from the area of Sangli, Satara, Kolhapur and Solapur district for a period of 2 years. This order is passed in exercise of the powers conferred under section 56(a) and (b) of the Bombay Police Act. The petitioner has also challenged the order passed by the State Government in appeal under section 60 of the Act dated 12th of December, 1984.2. In the order of externment it is stated by the Externing Authority that since 1974 to date in Miraj City and particularly at her residence opp. Hira Hotel, her acts and movement are causing and are calculated to cause alaram, harm and danger to the residents of the aforesaid locality. It was also alleged that the petitioner is an habitual offender and has committed offence under various section of Chapters 16 and 17 of the Penal Code. Then in para 2 of the order it...
Tag this Judgment!Nemichand Bhikamchand JaIn Vs. Collector of Customs (Preventive)
Court: Mumbai
Decided on: Apr-02-1986
Reported in: 1989(20)LC522(Bombay)
ORDERSujata V. Manohar, J.1. In this petition certain unfortunate events have happened which compel me to pass orders under the Contempt of Court Act, 1971. The petition is for return of certain gold ornaments and primary gold weighing about 1211.5 gms. and valued at Rs. 1,65,369/- which were seized by the Respondent-Collector of Customs (Preventive) on 28th July 1983. They were seized from the premises of the petitioner, which according to the petitioner, are used both for residence and for work. Certain proceedings took place in respect of these gold ornaments and gold as a result of which ultimately an order dated 28.2.1985 was passed by the Collector of Customs I Preventive) Bombay under which inter alia, the petitioner, as owner of the said gold and gold ornaments was given an option to redeem the same on payment of a fine of Rs. 30.00U/- within one month from the date of receipt of the order. Under the said order a penalty of Rs. 5.000/- was also imposed on the owner. Though the ...
Tag this Judgment!Sadulla Mohamed Damad Vs. State of Maharashtra
Court: Mumbai
Decided on: Apr-01-1986
Reported in: 1989(25)LC241(Bombay); 1989(44)ELT435(Bom)
1. These revisions take exception to the conviction and sentence recorded against petitioners for the admitted commission of offences punishable under Sections 135(1)(i) of the Customs Act, 1962 and 85(ii), (iii) and (iv) of the Gold Control Act, 1968.2. On 21-9-1969, police officers from Thane received information that truck bearing registration No. BMQ 6781 on the way to Bombay coming from Poona, was loaded with contraband. The police having fortified themselves with two panchas, posted themselves at the Thane Rest House on the Bombay-Poona Main Road. At 4.45 a.m. they noticed the truck and signalled it to stop. Instead of heeding the signal, the speed of the truck was increased indicating an attempt of escape. A chase was given and the truck grounded to a halt, near the Ashok Stambh at Thane. At the wheel was Ramchandra Narayan Virkud (accused No. 7). Ahmed Yusuf Adhikari (accused No. 8) was the cleaner of the truck. There were several others on the rear side and the truck was bulgi...
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