Court : Mumbai
Reported in : (1979)81BOMLR279
..... of other immovable properties both agricultural lands and houses.7. it appears that present defendant no. 2, raghunath ramji, had filed special civil suit no. 193 of 1950 against his brothers for partition and separate possession of his share in the joint family property. in that suit the present defendant no. 1 was impleaded as defendant no ..... or other co-owner only excludes them either from joint possession or from the profits of the property. he does not obtain possession in such cases by committing any wrongful act. it is, therefore, difficult to see how in the present case provisions of o, xx, rule 12 can be attracted.53. mr. nerlekar relied on subbanna v. ..... menses profits and the provisions of order xx, rule 12, civil procedure code have no application to such claim for accounts.73. in d. satyanarayana murthi v. d. bhavanna air[1957] a.p. 766 it was held that a partition suit is not covered by the provisions of order xx, rule 12, civil procedure code but by the provisions of .....
Tag this Judgment!Court : Mumbai
Reported in : (1979)81BOMLR257
..... a view to see that the public wakf property was not misused by private persons, the parliament enacted the public wakfs (extension of limitation) act, 1959, act no, 29 of 1959, which came into force on september 1, 1959, to extend the period of limitation in certain cases for suits to recover possession of immovable property forming part of ..... again turning to the case of defendant no. 1, as already stated above, he was not in position to prove adverse possession or any possession prior to november 3, 1950; and even defendant no. 10 failed to prove any possession prior to january 23, 1962.52. in the circumstances, the finding of the learned civil judge that defendants ..... to recover possession of wakf property was governed either by article 142 or article 144.16. however, even the supreme court has observed in mohammad shah v. fasihuddin ansari air [1936] s.c. 713 :now it is evident that the space on which the pushas and the minarets stood was part of the mosque property. the defendant has .....
Tag this Judgment!Court : Mumbai
Reported in : [1979]116ITR840(Bom)
..... to accrue, there was no legal right to receive the income. as we shall point out later on if the relevant provisions of the e.d. act are considered, this argument loses force and really would appear to us to have no relevance for the purpose of considering the property which has passed on the date of apportionment, though all ..... in its decision in e. d. sassoon's case : [1954]26itr27(sc) , the supreme court also referred to another bombay decision in salt and industries agencies ltd. v. cit : [1950]18itr58(bom) . in this case, counsel on behalf of the assessee had contended before the division bench of the bombay high court that at the relevant point of time accrual ..... deceased was entitled under the terms of his employment; only its payment was conditional upon his death being caused by an accident during or as a result of air journey performed as a member of the flying crew in the service of the corporation or while travelling on duty in surface transport provided by the corporation or its .....
Tag this Judgment!Court : Mumbai
Reported in : 1978(2)ELT680(Bom)
..... finance bill was introduced in parliament on february 29, 1956 and it contained a declaration under the provisional collections of taxes act, 1931 by reason of which inter alia the said item no. 23 came into force with immediate effect. by this item vegetable non-essential oils became liable to duty of excise. according to the petitioner in that case ..... it is not in pari materia with section 3 of the central excise and salt act, 1944. the relevant portion of the said section 12 provides as under :-'12(1) except as otherwise provided in this act or any other law for the time being in force, duties of customs shall be levied at such rate as may be specified under the ..... decision, mr. parekh submitted that section 12 of the customs act was in pari materia with section 3 of the said act and that accordingly, though under section 15 of the customs act the rate of duty and tariff valuation of imported goods was to be the rate and valuation in force on the date on which the bill of entry in respect .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom303
..... followed the ratio of judgment in sheodihal sahu v bhawani ilr (1907) all 348. when the court decided the said case, civil p. c. of 1908 was not in force. corresponding section to order 21, rule 2, i.e. section 257a of the civil p. c. of 1882, did not contemplate certification of settlement or adjustment of any ..... all 348 and robert skinner v. james skinner : air1943all202 . he also relied on the judgment of the travancore-cochin high court in ouseph ouseph v. minister of food, air 1951 travco 226, it will be noticed that in each one of these cases restitution was claimed of the property that was directly the subject-matter of the suit and ..... debtor that has been lost to him 'directly in consequence of that decree', though not through proceedings under it. this provision is based on the well-settled principle that act of the court should not cause any damage to the litigant. however, the consequences contemplated must necessarily be direct, and not indirect or remote. the question that falls .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1979Bom176; (1980)82BOMLR130; 1978MhLJ739
..... illegitimate son (dasiputra) or daughter entitled to succeed to the estate of his or her putative father by way of intestate succession opening after the coming into force of the hindu succession act, 1956?2. the facts are few and also simple. one atmaram patil died on september 8, 1960, leaving behind him, his widow tanubai, defendant no ..... bench of this court referring to the aforesaid provision observed at p. 775 (of bom lr): (at p. 208 of air) as follows :''related' means, according to the definition in section 3(1)(j) of the act, 'related by legitimate kinship'. it is not suggested, nor is it anybody's case that petitioner's relationship with the deceased ..... stridhana property of a female hindu which is distinct and different from succession to the property of a male hindu dying intestate after the coming into force of the hindu succession act as in the present case. moreover, the transmission of succession to the stridhana of a female hindu vis-a-vis her stridhana heirs is different .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1979Bom230
..... some information about the various law relating to the subject on industry and labour, like industrial relations act. the minimum wages act, workmen's compensation act, employees' provident funds act, employees' state insurance act, bombay labour welfare act, the indian maternity benefit act etc. in other words mere factual information about some of the laws that govern industrial life ..... by the provision of section 26 sub-section (2) clause (va). this is the amendment made by the maharashtra act 58 of 1974. the only result will be that the earlier regulations now in force will be deemed to be as if the regulations of the present academic council. if they are to be amended ..... a second class bachelor's degree in law with five years practice at the bar. these provisions are still in force in view of the provisions of section 91 of the present poona university act of 1974. since all previous statutes and regulations survive and are operative unless they are inconsistent with the present .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom350; 1978MhLJ665
..... executed by such person in whose favour the decree was passed.15. the next decision to which a reference could be made is that reported in sitabai v. gangadhar air 1935 bom 331. in this case during the pendency of the execution of the mortgage decree which was taken out by the petitioner, the decree was assigned. the assignee ..... point out all that is necessary is that the decree must be in his favour. it cannot be disputed that the two decrees passed in civil suits nos. 36b/1950 and 1455/58 were passed in favour of applicants 2 to 4. what is, however, contended is that since there was an assignment of these decrees in favour of ..... civil suits nos. 36b of 1950 and 1455 of 1958 against opponent kashirao before me (hereinafter referred to as kashirao). these two decrees, however, could not be executed as the execution of these decrees was stayed on account of the operation of the madhya pradesh temporary postponement of execution of decrees act, 1956. this act came into force on 1st oct. 1956 ( .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom344; 1978MhLJ379
..... thereof and in the lake being their private property was not destroyed.3. then comes a reference to the madhya pradesh abolition of proprietary rights act, 1950. according to the plaintiffs, the said act does not apply and its provisions did not affect the propertyof the plaintiffs in this lake which was their private property, and was not a ..... in my opinion, been settled by the division bench judgment of our high court in waman vinayak paranjape v. narayan hari, reported in 43 bom lr 193: air 1946 bom 303. there a suit filed was for possession, redemption and also for declaration that the sale deed which was passed was illegal and that the plaintiff ..... the alternative relief clause. the alternative relief sought by the plaintiffs is, that in the event it is held that the m .p. abolition of proprietary rights act applies to the land and the plaintiffs are divested of their property or their title under the circumstances, must be deemed to be extinguished, the plaintiffs alternatively sought .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1979Bom130; (1978)80BOMLR250
..... into india. the imports (control) order, 1955, is expressly made in exercise of powers conferred by section 3 and section 4a of the imports and exports (control) act, 1947, as in force; and we are concerned with clause 3 (1) of the said order, which reads as follows:'3. restriction of import of certain goods. -- (1) save as ..... d) of section 111 says is that any goods which are imported or attempted to be imported contrary to 'any prohibition imposed by any law for the time being in force in this country' is liable to be confiscated. 'any prohibition' referred to in that section applies to every type of 'prohibition'. that prohibition may be complete or ..... express change in phraseology adopted by the new statutory provisions viz. section 111(d) of the customs act, 1962, as contrasted with the earlier statutory provisions viz. section 167 (8) of the sea customs act, 1878. there is, however, in the very volume air 1962 sc a decision of the supreme court viz. m/s. east india commercial co. ltd. .....
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