Court : Mumbai
Decided on : Jan-19-1973
Reported in : [1975]45CompCas16(Bom)
..... of the filled and empty tins and damages for the unexpired period of 50 years. the company filed complaint against the complainant and others under sections 78 and 79 of the trade and merchandise act alleging that the agreement had expired after one year and that the complainant had manufactured and expired after one year and that the complainant had ..... taking any action against them. all the accused have in committing this offence of cheating me acted in furtherance of common intention of each other and have aided and abetted each other. i, therefore, charge them under section 417 and 420 read with sections 34, 109 and 114 of the indian penal code and i request that this honourable court ..... could not be indicted under that section. 32. perhaps the true view appears to be what lord reid has stated : 'i think that the true view is that the judge must direct the jury that if they find certain facts proved then as a matter of law they must find that the criminal act of the officer, servant or .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-19-1973
Reported in : (1974)76BOMLR584
..... lease could not be enforced. in that case their lordships were dealing with very special facts and no reference was made to the statutory rule embodied in section 110, tp. act, which lays down that 'where no day of commencement is named, the time so limited begins from the making of the lease.'the privy council had ..... initial jurisdiction to entertain the suit could not cease to have jurisdiction to pass a decree for possession simultaneously while passing the decree for specific performance. section 28 of the act of 1947, as has been repeatedly held in numerous cases and the latest of which is the full bench decision reported in daitatraya krishna v. jairam ..... that even otherwise, it being void for uncertainty in several respects, cannot be specifically enforced in view of the provisions of section 29 of the indian contract act read with section 9 of the specific relief act of 1963; and (2) that while the civil court has jurisdiction to entertain the suit for specific performance, in view of .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-26-1973
Reported in : (1974)76BOMLR511
..... it as rectified spirit, though the regulation made a clear distinction between rectified spirit and denatured spirit. he referred to the definition of 'denatured' contained in section 2(/) of the regulation where denatured spirit is defined to mean spirit effectually and permanently rendered unfit for human consumption. he also referred to the definition of the ..... )(3), c(ii)(3) and (4), and contended that since the regulation has made a clear distinction between denatured spirit and rectified spirit, the respondents have acted without jurisdiction in treating the denatured spirit as rectified spirit in part a, sr. no. 5, and levying excise duty on denatured spirit. after carefully considering ..... must not be strained in order to tax a transaction which, had the legislature thought of it, would have been covered by appropriate words. 'in a taxing act', said rowlatt j., 'one has to look merely at what is clearly said. there is no room for any intendment. there is no equity about a tax .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-24-1973
Reported in : AIR1974Bom189; 1974MhLJ251
..... respondent in this petition that landlord cannot succeed unless he shows that there is subletting as such, in that there is a transfer within the meaning of section 105 of the transfer of property act and he must establish the contract of sub-tenancy between the tenant and the actual occupier. a mere induction of a licensee is not enough, for the .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-13-1973
Reported in : 1974CriLJ514; 1974MhLJ34
..... service of the notice. thereafter, on august 29, 1972, the complainant issued a notice to the accused under the provisions of sub-section (1) of section 53 of the maharashtra regional and town planning act, requiring him to demolish the said structure. however, the accused disregarded the requisition notice and failed to demolish the construction. thereafter, the ..... water connection or electric power installed. on these facts, it was alleged that the accused had committed an offence under section 53(6)(a) read with section 53 (7) of the maharashtra regional and town planning act.3. on the same day, the complainant also filed an application requesting the learned magistrate to have local inspection of ..... him free of cost:provided that, in the case of a trial by jury, the judge shall not act under this section unless such jury are also allowed a view under section 293.on a plain reading of this section, it would appear that the judge or the magistrate has power to visit and inspect the place at .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-29-1973
Reported in : AIR1975Bom82; (1974)76BOMLR405; 1974MhLJ628
..... and which passed ex parte decree and the court which aside such decree is the same i.e. bombay small cause court exercising jurisdiction under section 28(1) of the bombay rent act.17. from the above discussion of case law, it is obvious that there is apparently great preponderance of judicial opinion in support of liberal construction ..... is set out on the majority judgment of the supreme court in mahijibhai v. manibhai : [1965]2scr436 . it will suffice to notice here that section 583 of the code of 1882 (act no.14 of 1882) for the first time gave statutory recognition in india to the principle of restitution. there was however a conflict under the said ..... in the circumstances towards all parties involved. subsequently by the code of civil procedure (amendment) act, 56 the words 'or an order' were added in section 144(1) thereby widening its scope.4. there us no dispute before us that the scope of section 144 has been widened by deleting the words 'in appeal' and a reversal or variation .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-20-1973
Reported in : (1974)76BOMLR191
..... fall under the definition of criminal contempt.10. what we are particularly called upon to interpret in this case is the real meaning and implication of section 3 of the act. that section is as follows:3. innocent publication and distribution of matter not contempt. (1) a person shall not be guilty of contempt of court on ..... be complete immunity to a citizen if he publishes material which otherwise would become contempt of court under the definition. reliance is placed upon sub-section (2) of section 3 of the act for this purpose. he therefore argued that it should be first decided whether the speeches made by the respondents (assuming that they are otherwise ..... objectionable) are such that due to the provisions of sub-section (2) of section 3 of the act, they shall not be deemed to constitute contempt of court as no criminal proceeding was pending at that time as laid down by the explanation .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-11-1973
Reported in : (1974)76BOMLR218; 1974MhLJ505
..... landlady was accepting the rent, therefore the tenant was holding over under section 116 of the transfer of property act, is of no substance. there cannot also be any inference because of this conduct that there was fresh agreement between the landlady and the tenant ..... by the successive statutes. this occupation did not confer any rights upon the appellant and was not required to be determined by a notice prescribed by section 106 of the transfer of property act.13. therefore, mr. abhyankar's contention that because the tenant continued to stay in the suit premises and pay the rent and because the ..... disagreed with that view and held that the notice given by the landlady was quite valid; that in fact in this case no notice under section 106 of the transfer of property act was necessary because the tenant was merely a statutory tenant. i am inclined to agree with that view firstly because the landlady relied on the .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-16-1973
Reported in : (1974)76BOMLR523
..... this order that is being challenged in this petition.5. mr. agurwal, appearing for the petitioner, has made two submissions before me :--(1) apart from section 11a of the act, an application under section 11 for fixation of standard rent is maintainable any number of times as long as an earlier application in this behalf is not decided on merits, and ..... at which they were last let before that day, and these two eases do not fall under any of the clauses (a) to (d) of sub-section (1) of section 11 of the act. but even in such eases a dispute may arise between the landlord and the tenant and it is to cover such a case that clause (c) ..... shankar v. baghunath (1960) 63 bomlr 404 the facts were these. the tenants made applications to the small clauses court for fixation of standard rent under section 11 of the act in respect of their respective premises. the landlord resisted the said applications on the ground that the predecessors of the present tenants had made similar applications before the .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-19-1973
Reported in : 1974CriLJ162; 1973MhLJ800
..... civil, revenue or criminal court is of opinion that it is expedient in the interest of justice that an enquiry should be made into any offence referred to in section 195, sub-section (i), clause (b) or clause (c), which appears to have been committed in or in relation to a proceeding in that court, such court may, after such ..... alleged to have been committed by him under section 85(1)(2) and (3) of the bombay prohibition act. he was produced before shri l. g. deshpande, second joint civil judge, (junior division), first class, akola and was remanded to custody till 2-11-1968. on ..... r. k. karandikar, judicial magistrate, first class, akola on 12-8-1969 under section 476 read with section 195 of the code of criminal procedure. it arose out of criminal case against one deolal kisan under section 85(1)(2) and (3) of the bombay prohibition act. 2. one deolal kisan was arrested on 25-10-1968 in connection with an offence .....
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