Court : Mumbai
Reported in : AIR1973Bom179; (1972)74BOMLR735
..... the rival contentions, a few facts may be stated:4. on 27th october 1949 jeejabai, the opponent before us, started proceedings under the bombay agricultural debtors relief act, 1947 (bombay act no. xxviii of 1947) for adjustment of her debts. the various proceedings so started were numbered as consolidated case no. 2205 of 1949, and ultimately on ..... 85 came up for consideration before a division bench of this court in dhondi tukaram v. dadoo piraji, 55 bomlr 663 = air 1954 bom 1001. after considering the bar imposed by section 85 of the bombay tenancy act, gajendragadkar, j. (as he then was) observes in this judgment that'section 85 (1) clearly provides that no civil ..... , as well as before the mamlatdars' courts, whenever a question arises which has under the bombay tenancy act to be dealt with by an authority under that act, the bar of section 85 would come into force.23. once the true meaning and effect of section 85 if understood, then there is not much difficulty in construing the word .....
Tag this Judgment!Court : Mumbai
Reported in : [1973]92ITR430(Bom); 1972MhLJ826
..... that is, the vidarbha housing board, nagpur, is a body corporate having been established under the madhya pradesh housing board act, 1950 (act no. xliii of 1950). it appears that initially under the said act a common housing board both for vidarbha region and mahakoshal region was constituted by the name of madhya pradesh housing board. ..... taxation thereunder was claimed by the andhra pradesh state road transport corporation, and on an examination of the relevant provisions of the road transport corporation act, 1950, under which the andhra pradesh state road transport corporation was constituted the court came to the conclusion that the trading or business activity that was ..... would be one of the welfare activities of the state, the question is whether by constituting the petitioner board under the madhya pradesh housing board act, 1950, a separate legal entity has been established undertaking the various activities on its own or whether the entity established is either a department of the .....
Tag this Judgment!Court : Mumbai
Reported in : (1972)IILLJ434Bom
..... 40. the appeal before the house of lords arose out of the purported dismissal of the appellant from the office of the chief constable in the brighton police force. the appellant claimed that his purported dismissal was illegal and void and that he continued to be the chief constable of brighton and also claimed payment of ..... the manual of departmental enquiries. rule 22 thereof prescribes that the proceedings in a departmental enquiry are of a quasi-judicial nature and the authority holding it must act according to definite rules and procedure and observe the principles of natural justice (sic) in good faith. 4. the first proposition canvassed by mr. chinoy on ..... him that the first respondent had passed orders with the previous approval of the standing committee required under s. 83(2)(a) of the bombay municipal corporation act that the petitioner be dismissed from municipal service. 3. the validity of the order of dismissal passed against the petitioner has been sought to be challenged in .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1973Bom141; (1973)75BOMLR311; ILR1973Bom1003; 1973MhLJ204
..... civil procedure and that the legislature having already provided in section 21 that the code of civil procedure was to govern all proceedings under the act by referring to 'any law for the time being in force' what the legislature intended was that the appealability of the decrees and orders should be determined by the provisions of the code of civil ..... governed by the code of civil procedure may rightly be spoken of as an appeal under the code. in ramasami pillai v. deputy collector of madura, ilr mad 51 = air 1920 mad 407 it was observed :'there seems to be no good reason for saying that an appeal under the civil procedure code means only an appeal the right to prefer which ..... placed on these provisions in the two decisions referred to above that the necessitated this reference.5. while construing the words 'under any law for the time being in force' gokhale j. in air 1960 bom 315 has taken the view that the question whether an appeal lies from an order passed by the court under the .....
Tag this Judgment!Court : Mumbai
Reported in : (1974)76BOMLR83; 1973MhLJ489
..... in order xli of the code of civil procedure deal with appeals from original decrees. rule 27 of order xli, as framed by this court and which was in force when deshmukh j. passed his order allowing production of additional evidence, is as follows:27. (1) the parties to an appeal shall not be entitled to produce additional ..... which the lower appellate court had not determined though there was evidence, that had to be got over and section 103 which was then introduced in the 1908 act enabled the high court to determine an issue of fact itself though that issue was not determined by the lower appellate court. then came the amendment of 1926 ..... there is no jurisdiction in a second appeal court to admit additional evidence, the learned counsel for the appellants have relied on two decisions, (1) balvant yadneshwar v. srinivas appaj' air[1959] mys. 244, and (2) subba raja v. narayana raja. : air1954mad1074 . in the mysore case a learned single judge of that court has held that provisions of order .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1973Bom231; (1974)76BOMLR92; 1973MhLJ424
..... 99, 151 and 135 belonging to one eknath bellappa, which were sold in execution of a decree obtained by one godhaji sakharam. having found that these sales were forced sales, the trial court left them out of consideration. the trial court then proceeded to examine the evidence of an architect given on behalf of the claimants-respondents. the ..... 605 . the question there was whether the land acquisition collector was a judicial officer. the calcutta high court had taken the view that throughout the proceedings the collector acts as an agent of the government for the purposes of acquisition, clothed with certain powers to require the attendance of persons to make statements relevant to the matters ..... cited, the learned judges concurred with the view which was taken by a division bench of the nagpur high court in r. s. deoji dharsi v. ghisulal air 1953 nag 256. in the nagpur case the division bench had taken the view that the party competent to file an appeal against the decision on a reference .....
Tag this Judgment!Court : Mumbai
Reported in : 1974CriLJ15; 1973MhLJ584
..... is true that the appeal did raise a question as to the true interpretation of section 24. of the bombay rents, hotel and lodging house rates control act. 1947 (hereinafter referred to as the 'rent act'). but i have only based my approach on the observations made in the two judgments of the supreme court referred to in my judgment. none of .....
Tag this Judgment!Court : Mumbai
Reported in : (1974)76BOMLR79
..... , oral or in writing; but does not include any person working in the capacity of a member of the armed forces of the union; and any reference to a workman who has been injured shall, where the workman is dead, include ..... by the appellants to the court of the civil judge, senior division, osmanabad, functioning as the authority under the workmen's compensation act, on march 24, 1964.2. the application was resisted by the respondent, while admitting that the truck belonged to the respondent, ..... definition of 'workman' contained in section 2(1)(n) of the workmen's compensation act. if any authorities were necessary for supporting this view of the matter, see shanthamallappa v. chandappa air[1958] may. 116 where a cleaner of a lorry was regarded as a workman; ..... of the death was prior to february 1, 1963, when act 64 of 1962 came into force the compensation payable would be under the old schedule iv and not under the schedule iv as substituted by act 64 of 1962.6. as stated above, the application was .....
Tag this Judgment!Court : Mumbai
Reported in : 1973CriLJ1490; 1973MhLJ399
..... beyond the initial backache, etc. there is no sensory disturbance, nor is there any muscular atrophy except such as arises under the famine conditions which may have forced the patient to resort to a diet of inferior food-grain.the head, upper part of the trunk and upper extremities are not affected, so that late in ..... liability amounts to imposing unreasonable restrictions, the court has to strike a balance between the individual right and public weal. the courts will not strike down an act as imposing unreasonable restrictions merely because it creates an absolute liability for infringement of the law which involves grave danger to public health. the courts will undoubtedly ..... such appointment by name or by virtue of the office. even under the provisions of the present act, the appointments of sanitary inspector by office have been upheld in state of tripura v. ashu ranjan saha , state of mysore v. danjaya air 1963 mys 157 : (1963) 1 cri lj 785 and sabbayan mathukamaran v. state of kerala .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1974Bom87; (1973)75BOMLR649; 1973MhLJ975
..... civil procedure code, an appeal lies against every decree including an order under section 47 as in this case. the ratio in mahadeo sunder's case 41 bom lr 1166:air 1939 bom 526 also cannot help the decree-holder because it was held in that case that when a judgment-debtor has allowed the execution to proceed when he ..... execution of the decree against him even after he was released from the jail having regard to the ratio in mahadeo sunder v. khanderao sitaram 41 bom lr 1166: air 1939 bom 526 5. there is no substance in either of these two preliminary points. the chamber summons raises a question relating to the execution of the decree. ..... any debt or liability incurred by the member. even the official assignee under the presidency towns insolvency act, 1909, and the receiver under the provincial insolvency act, 1920, and any such person or authority under any corresponding law for the time being in force, are not entitled to have any claim on such share or interest. it seems that the policy .....
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