Court : Mumbai
Reported in : 5Ind.Cas.213
Beaman, J.1. The defendant in this suit, one Haji Esmail, has put up a large building at the corner of Hornby Road and Church Gate Street. The plans were submitted to the Municipal authorities in 1907 and on the 23rd November 1907 the Engineering Department informed the defendant that there was no objection to the proposed extension as shown on the amended plans, provided the work was carried out in accordance with the provisions of the Municipal Act and Building Bye-laws. The plans which were then submitted to the Municipal authorities give an all round height of 70 feet. But the permission granted by the Engineering Department is qualified and the defendant is warned that he must conform with the provisions of the Municipal Act and Building Bye-Laws. Apparently at that time it had not occurred to the Municipal authorities that the proposed extension, meaning I suppose clown Church Gate Street, would infringe any of those provisions or Bye-Laws. The work progressed up to April 1909 wh...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC576
Jagannadhadas, J.1. This is an appeal from the judgment of the High Court of Punjab by leave granted under Article 133 of the Constitution read with Sections 109 and 110 and Order 45, Rule 2 Civil P. C. The appeal arises out of a suit filed in 1938 by the respondent herein, Raja Shiv Rattan Dev Singh, Raja of Poonch against (1) Shiromani Gurdwara Parbandhak Committee, Amritsar, (2) Local Gurdwara Parbandhak Committee of Sri Darbar Sahib, Amritsar, and (3) 57 Sikhs, for a declaration to the effect that a house known as Bunga Raja Dhian Singh in Amritsar and four shops appurtenant thereto, two of which are close to the Sikh Gurdwara, Sri Darbar Sahib, belong to him and are his private property and that they are not a Sikh Gurdwara.The suit which was filed in 1938 was dismissed by the trial Court on certain preliminary issues and that dismissal was reversed on first appeal and the suit was remanded. On second appeal therefrom to the High Court the dismissal by the trial court was restored...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION 1 2 CIVIL APPEAL No.5130 OF 201.3 (Arising out of SLP (C) No.21455 of 2008) S. Subramaniam Balaji .... Appellant(s) Versus The Government of Tamil Nadu & Ors. .... Respondent(s) WITH TRANSFERRED CASE NO 11.OF 201.S. Subramaniam Balaji .... Appellant(s) Versus The Government of Tamil Nadu & Ors. .... Respondent(s) JUDGMENT P. Sathasivam, J.SLP (C) No.21455 o1. Leave granted. 2) This appeal is directed against the final judgment and order dated 25.06.2007 passed by the Madurai Bench of the Madras High Court in Writ Petition (C) Nos. 9013 of 2006 and 1071 of 2007 whereby the High Court dismissed the petitions filed by the appellant herein. 3) Brief Facts: (a) The case relates to distribution of free gifts by the political parties (popularly known as freebies). The Dravida Munnetra Kazhagam (DMK)- Respondent No.8 herein, while releasing the election manifesto for the Assembly Elections 2006, announced a Scheme of...
Tag this Judgment!Court : Mumbai
Reported in : AIR1928Bom236; (1928)30BOMLR503
Patkar, J.1. This is a second appeal against the order passed by the First Class Subordinate Judge at Ahmednagar in proceedings arising out of Suit No. 67 of 1915. The suit was brought by the plaintiff for possession of the land with mesne profits. On July 10, 1917, he obtained a decree for possession, and a preliminary decree was passed under Order XX, Rule 12, of the Civil Procedure Code, directing an inquiry into the mesne profits. There were two appeals filed by defendants Nos. 1 and 2 which were dismissed. The plaintiff obtained possession of the land; and filed applications in 1919 and 1921 for ascertainment of mesne profits which were not prosecuted. The present application No. 7 of 1923 is made for ascertainment of mesne profits against the defendants and the surety who made himself liable for the decretal amount to the extent of Rs. 800. The Subordinate Judge held that the application for a final decree for mesne profits was barred by limitation. On appeal, the learned Distric...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.190 OF2023ASHWINI KUMAR UPADHYAY PETITIONER(S) VERSUS UNION OF INDIA & ORS. RESPONDENT(S) JUDGMENT K.M. JOSEPH, J.1. The reliefs sought for by the petitioner are as follows: a) direct the Home Ministry to constitute a Renaming Commission to find out original names of ancient historical cultural religious places, named after barbaric foreign invaders in order to maintain Sovereignty and to secure Right to Dignity, Right to Religion and Right to Culture guaranteed under Articles 21, 25 and 29 of the Constitution; b) alternatively, direct the Archaeological Survey of India to research and publish the initial names of ancient historical cultural religious places, which were renamed by barbaric foreign invaders, in order to secure Right to Know guaranteed under Article 19 of the Constitution; c) direct the Centre and State Governments to 1 update their websites and records and mention the origina...
Tag this Judgment!Court : Kolkata
Reported in : 1977CriLJ1492
P.K. Chanda, J.1. This revisional application has been filed for quashing of the proceeding being Case No. 312C of 1974 Under Sections 147/323/325/307 I. P. Code including the orders dated September 24, 1974, October 17, 1974 and November 22, 1974.2. A petition of complaint was filed by O. P. No. 2 Biswanath Santra in the Court of the Sub-divisional Judicial Magistrate, Ghatal in the district of Midna-pore on 23-9-74. It appears that B. K. Mitra, Sub-divisional Judicial Magistrate, Ghatal was absent on that date and R. K. Ghosh a Judicial Magistrate was dealing with his files. Apropos of the filing of the complaint the complainant and two witnesses were examined and on the prayer of the complainant time to examine further witnesses was allowed till 24-9-74.In the petition of complaint it was stated that besides 9 witnesses named therein, there were other witnesses. On 24-9-74 three other witnesses were examined. After examination of three witnesses the learned Magistrate R. K. Ghosh is...
Tag this Judgment!Court : Mumbai
Reported in : AIR1947Bom276; (1947)49BOMLR92
Leonard Stone, Kt., C.J.1. This is an appeal by the Hubli Electricity Company, limited, against the judgments of Mr. Justice Blagden, dated March 23, 1945, and April 5, 1945, given in an action, which the appellant as plaintiff brought against the Province of Bombay, claiming declarations that the revocation of the appellant's license to supply electricity to consumers at Hubli is illegal, inoperative and void, and claiming consequential reliefs by way of an injunction and damages and the restoration to the appellant of his property and the electrical plant, which have, as a result of the alleged revocation of the appellant's license, been taken over by the respondent.2. After close of the pleadings a number of issues were framed and the first five of these were disposed of by the learned Judge's judgment of March 23, 1945, at the hearing of preliminary issues. At the subsequent trial, which lasted eleven days, the parties embarked upon the calling of much evidence, most of which as is...
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom352
Melvill, J.1. In this suit the plaintiff seeks to remove an attachment placed by the Collector of Thana on a cocoanut oart or garden situated in the outskirts of the town of Bandora in Salsette, which the Collector has attached in order to levy payment of a fine of Rs. 2,340, being sixty times the assessment on the oart, imposed as a penalty in consequence of the plaintiff having built a bungalow in the oart without the Collector's permission.2. A preliminary question arises regarding the sufficiency of the stamp upon the plaint. We agree with the Assistant Judge that the stamp is sufficient, and, therefore, the additional amount which the District Judge has levied from the plaintiff must be refunded. Clause viii., Section 7 of Act VII of 1870, prescribes that in suits to set aside an attachment of land, or of an interest in land or revenue, the fee shall be according to the amount for which the land or interest was attached: provided that, where such amount exceeds the value of the la...
Tag this Judgment!Court : Mumbai
Reported in : (1978)80BOMLR659
Naik, J.1. [After narrating facts, not material to the report, his Lordship proceeded.] It was argued by Mr. Keshavdas that the Court has no power to grant temporary mandatory injunction and that in any event mandatory injunction could be granted only to maintain the status quo as on the date of the suit, for special reasons after proof of the prima facie case and the balance of convenience. In support of his submission that the Court has no power to grant inter-locutory mandatory injunction he has relied upon the observations of Bea-man J. which are made in Rasul v. Pirubhai : AIR1914Bom42 . Beaman J. who formed a division Bench with Shah J., no doubt observed as under (p. 291):.It has always been, in my opinion, a very open question whether in strictness a mandatory injunction can properly be made on interlocutory applications. In England whatever doubts may have existed on this point may be said to have been removed by Section 25 of the Judicature Act, and it has long been a common ...
Tag this Judgment!Court : Supreme Court of India
Reported in : [2007(113)FLR447]; JT2007(4)SC124; (2007)IILLJ709SC; 2007(3)SCALE415; (2007)9SCC310; 2007AIRSCW1542; JT2007(4)SC558
Lokeshwar Singh Panta, J.1. Special leave granted.2. The appellant-State of Gujarat, challenging the order dated 25.11.2004 of the High Court of Gujarat at Ahmedabad in LPA No. 2477 of 2004 in Special Civil Application No. 2479 of 2001, has filed this appeal, whereby the Division Bench of the High Court has affirmed the judgment and order dated 20th March, 2001 passed by the learned Single Judge modifying the delinquent order of penalty imposed on the respondent by the Disciplinary Committee.3. The relevant facts giving rise to the filing of this appeal are as under:Anand Acharya alias Bharat Kumar Sadhu, respondent herein, joined the services of the appellant-State and has been serving as a Deputy Collector since 30.03.1993. On 16.12.1995, the respondent was served with a charge sheet on various grounds, which are mentioned below:a) That, while discharging duties as a Cartographer in School Text Book Board, Gandhinagar, Gujarat, which is under the State Government and during the subsi...
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