Mumbai Court November 1991 Judgments
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ismail Gafoor Sarang Abbas HusaIn Sarang and anr. Vs. Ismail Gafoor Sa ...
Court: Mumbai
Decided on: Nov-14-1991
Reported in: 1991(4)BomCR419
S.M. Daud, J. 1. This appeal takes exception to orders emanating from two notices of motion taken out by the respondent-plaintiff. 2. The plaintiff instituted a suit against the appellants-defendants in the City Civil Court at Bombay seeking an injunction to restrain the appellants-defendants from dispossessing and/or interfering with plaintiffs peaceful possession and enjoyment of the suit premises being two galas with open space admeasuring 50 ft. x 20 ft. at Kopergaon Estate described with sufficient precision in para 1 of the plaint. His case was that defendants were his first cousins and the owners of the suit premises. His firm was inducted into the premises some 20 years ago and he had been paying rent regularly at the rate of Rs. 250/- per month. Receipts for the rent paid had neither been passed nor insisted upon having regard to the mutual confidence between the parties. On 19-7-1983 defendant No. 1 accompanied by three others had threatened to take forcible possession of the...
Anusayabai W/O Ramchandra Lande Vs. Union of India (Uoi) and anr.
Court: Mumbai
Decided on: Nov-14-1991
Reported in: (1991)93BOMLR590
V.A. Mohta, J.1. See, where our procedural legal system has landed the appellants.2. The story-pathetic as it is-shorn of minor details can be told thus:The appellants-the old mother, the widow, two unmarried minor daughters and a minor son-were dependents and are the legal heirs of deceased Pralhad Landed a village school teacher-who met with an instantaneous accidental death on 10th April, 1973 as a result of collision at the unprotected railway crossing between a railway engine and a public transport bus, in which he was travelling. They filed in forma pauperis a civil suit for recovery of damages to the tune of Rs. 60,000/- against the Union of India and the Maharashtra State Road Transport Corporation (M.S.R.T.C.) in the Court of Civil Judge, Senior Division, Khamgaon, on 14th October, 1973. Both the major appellants are illiterate villagers, residents of Sakhil Buzruk, Tahsil Chikhali, District Buldhana. They were permitted to sue in forma pauperis vide order dated 21st September...
Anusayabai and ors. Vs. Union of India (Uoi) and anr.
Court: Mumbai
Decided on: Nov-14-1991
Reported in: 1993ACJ528
V.A. Mohta, J.1. See, where our procedural legal system has landed the appellants.2. The story-pathetic as it is-shorn of minor details can be told thus:The appellants-the old mother, the widow, two unmarried minor daughters and a minor son-were dependants and are the legal heirs of deceased Phalhad Landed a village school teacher-who met with an instantaneous accidental death on 10th April, 1973, as a result of collision at the unprotected railway crossing between a railway engine and a public transport bus, in which he was travelling. They filed in forma pauperis a civil suit for recovery of damages to the tune of Rs. 60,000/- against the Union of India and the Maharashtra State Road Transport Corporation (MSRTC) in the Court of Civil Judge, Senior Division, Khamgaon, on 14th October, 1973. Both the major appellants are illiterate villagers, residents of Sakhli Buzruk. Tahsil Chikhali, District Buldana. They were permitted to sue in forma pauperis vide order dated 21st September, 197...
Shalimar Wires and Industries Ltd. Vs. Union of India
Court: Mumbai
Decided on: Nov-13-1991
Reported in: 1992(58)ELT44(Bom)
Pendse, J.1. By this petition filed under Article 226 of the Constitution of India, the petitioners are challenging the concurrent findings recorded by the three authorities constituted under the Excise Act. Only few facts are required to be stated to appreciate the grievance of the petitioners. 2. The petitioners are Public Limited Company and runs a factory at Nasik where copper based alloy wires are manufactured. The petitioners receive from the customers copper, copper scrap, brass scrap, zinc tin, etc. and the said material is melted in suitable compositions to make specific alloys. After casting of the said alloys, the petitioners carry out a number of other processes and finally draws the wires for delivery to the customers. Initially, the processes undertaken by the petitioners were not liable to payment of excise duty after the introduction of Tariff Item No. 68 with effect from March 1, 1975, the processes undertaken by the petitioners attract payment of excise duty under res...
Bhagirathibai Wd/of. Nagesh Prabhu (Since Deceased) by the Executors o ...
Court: Mumbai
Decided on: Nov-13-1991
Reported in: 1991(4)BomCR296
S.M. Daud, J.1. This is a petition accusing the 1st and 2nd respondents, herein after described as 'judgment-debtors', of having committed contempt of Court and thereby rendered themselves liable to be dealt with in accordance with the law for that lapse.2. The original petitioner Bhagirathibai, now represented by the executors appointed under her will, was the widow of Nagesh Prabhu. This Nagesh had allowed judgment-debtors No. 1 to use and occupy premises described with sufficient precision in para 2 of the petition. The transaction was regulated by a document dated 28-11-1964 styled as an agreement of leave and licence. Nagesh alongwith his son Pundalik filed a suit against judgment-debtor No. 1, the said suit being Suit No. 4264 for 1966 in the City Civil Court at Bombay. This was a suit for possession of the suit premises the right accruing to plaintiff on account of various breaches of the agreement having been committed by judgment-debtor No. 1. To that suit judgment-debtor No. ...
Narayandas S/O Bhagwandas Partani and anr. Vs. the Union of India (Uoi ...
Court: Mumbai
Decided on: Nov-13-1991
Reported in: 1993(3)BomCR709
K. Sukumaran, J.1. The petitioners had issued certain cheques to the respondents, which on presentation, were not honoured by the Bank. This resulted in 11 complaints in relation to the 11 cheques, for offences punishable under section 138 of the Negotiable Instruments Act, 1881 and section 420 of the Indian Penal Code. The defence of the petitioners is not relevant at this stage. They were facing a trial by the Criminal Court. A challenge to the very constitutionality of section 138 of the Act, was felt worth attempting in the circumstances. The writ petition is accordingly filed, the Union of India and others being arraigned as the respondents.2. A basic argument was advanced that the Amendment Act 66 of 1988 which introduces sections 138 and 138-A, would not fit in with Entries 45 and 46 of List I of 7th Schedule to the Constitution. One serious contention is about a presumption drawn under section 139 in favour of the holder that he received the cheque for the discharge of any debt...
Rameshlal Khialdas Tejvani Vs. Collector Jalgaon and ors.
Court: Mumbai
Decided on: Nov-03-1991
Reported in: (1991)93BOMLR721
K. Sukumaran, J.1. A nice and interesting question arises in this case out of the dust and fume of election process.2. The election scene is of Ward No. 64 in the Municipal Council of Bhusawal. The last date for making the nomination was on 30.10.1991 and the scrutiny was to take place on 31.10.1991. Patil Bhila Nathu was one such candidate. On that date itself, the publication of the list of validly nominated candidates had to be made. The list included the names of the petitioner and Patil Bhila Nathu along with many others. Withdrawal time was permitted upto 11th November, 1991.3. Patil Bhila Nathu unfortunately passed away on 29th October, 1991. The proposer of his name informed the Respondent No. 2 Returing Officer about it on 2nd November, 1991. As the information of death was not instantaneously available the nomination of Nathu had been accepted and as noted earlier, he figured as one of the candidates.4. The Returning Officer thereafter passed the impugned order. Exhibit B, on...
Gulabchand Kisanlal Chandak and ors. Vs. State of Maharashtra
Court: Mumbai
Decided on: Nov-01-1991
Reported in: 1991(4)BomCR536
B.U. Wahane, J.1. The Criminal revision application is directed against the order below Exh. 13, dated 10-9-1991 passed in sessions trial No. 482/88 by Shri B.N. Jagtap, Addl. Sessions Judge, Nagpur rejecting the application of the applicants/accused under section 227 of the Code of Criminal Procedure.2. The facts giving rise to the prosecution of the applicants/accused are as follows :For the homicidal death of Ku. Anita which occurred on 29-6-1985, the applicants/accused are prosecuted for the offence punishable under sections 302, 201, 202 and 12-B of I.P.C.The applicant Nos. 1 and 3, Shri Gulabchand Chandak and Shri Narayandas Chandak are the real brothers. The applicant No. 4 Gayatribai Chandak is the wife of the applicant No. 1 Gulabchand. The applicant No. 2 Smt. Rajkumari is the wife of the applicant No. 3 Narayandas Chandak Applicant No. 5 is the son of the applicant No. 1 Gulabchand and his wife applicant No. 4 The applicant No. 5 was then doing his post-graduation in Medicin...
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