Court : Mumbai
Decided on : Dec-09-1960
Reported in : (1961)63BOMLR418
..... was dismissed on october 21, 1954.3. thereafter the appellant approached the district court, west khandesh, under the provisions of section 72(1) of the act. the learned district judge, before whom the application came up for hearing, affirmed the decision of the charity commissioner and dismissed the application. the present appeal has been filed by ..... badrinarayan was not a public but a private trust. the charity commissioner considered these contentions and held that, despite the finding made by the sub-judge, registrar under the old act of 1935, he could go into the question as to whether the temple was a public trust or not, and make his finding thereon. ..... is not clear on which date) the learned sub-judge passed the following order:-from the affidavit of pralhad vaidya i am satisfied that badrinarayan temple is not a public trust. this notice and the affidavit and inquiry papers are therefore filed.after the bombay public trusts act, 1950, came into force, the appellant again made an .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-20-1960
Reported in : (1961)63BOMLR442
..... limits of his commission and were done by him as the servant of the crown so as to be, as they are some times shortly termed, acts of state.58. the learned trial judge, however, as stated above proceeded to consider the point as though it was only a point of law which could be decided without reference to pleadings ..... the inhabitants and has elected or agreed to be bound by them that the consideration of the existence, nature, or extent of these rights becomes a relevant subject for inquiry.76. almost the entire case law on the subject was reviewed by their lordships of the supreme court in their recent decision reported in the state of saurashtra v. ..... said order was also challenged on the ground that it had contravened the rules of natural justice in that it had been passed without hearing the plaintiff and without due inquiry. plaintiff further stated that the hazur order dated february 8, 1948, passed by his highness the gaekwar of baroda being a valid and lawful order was binding upon .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-22-1960
Reported in : (1960)IILLJ491Bom; (1960)IILLJ491Bom
..... of the employer before us, laid particular stress on a certain passage occurring in the judgment of bose, j. after referring to the definition of 'wages,' the learned judge observed (p. 776) : '. . . now the question is whether the kind of bonus contemplated by this definition must be a bonus that is payable as a ..... minimum wages earned by the employee which remained unpaid during his lifetime. if we were to agree with mr. phadke that the authority under the minimum wages act has exclusive jurisdiction to entertain claims for the recovery of minimum wages, the heirs of a deceased employee would be left without any remedy whatsoever; they ..... one of which was rejected and the other accepted by the learned authority. the learned authority rejected the employers' contention that the authority under the minimum wages act has exclusive jurisdiction to issue directions to an employer for the payment of the difference between minimum wages and the amounts actually paid. the learned authority held .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-14-1960
Reported in : AIR1961Bom1; (1960)62BOMLR594
..... be better to consider those decisions which have found favour with the court below. 4. in : air1938cal745 , bharat abhyudoy cotton mills ltd. v. karneshwar singh, the learned judges observed that : 'in order to decide whether in a particular instance the word 'person' includes an artificial person or a corporation or a company, regard must be had ..... at all a strong one.' the view of lord blackburn found favour with the learned judges of the calcutta high court. the learned judges, however, pointed out that the definition of 'person' contained in clause (39) of section 3 of the general clauses act, 1897, is much wider than that of the same word contained in section 2, ..... sub-section (1) of the interpretation act, 1889, which is the english law on the subject. .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-06-1960
Reported in : AIR1961Bom167; (1960)62BOMLR880; ILR1960Bom941
..... not entitled to give the benefit of rule 189 to the respondents nos. 1 and 2. 4. it is true that the learned additional sessions judge has taken the view that the acts complained of were not committed by the respondents nos. 1 and 2 in the discharge of their official duties and since the respondents nos. 1 ..... the government however, was no party to the proceedings in the court below and cannot be said to be strictly bound by the decision of the learned additional sessions judge.5. apart from that, it seems to us that a tax payer has no right to challenge expenditure of public monies by government. in this connection, our ..... trying magistrate, but a different view was taken by the additional sessions judge, nagpur, in the revision preferred before him by the petitioner. the learned additional sessions judge held that the acts could not be said to have been committed by them while acting or purporting to act in the discharge of their official duties and therefore no sanction as contemplated .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-30-1960
Reported in : (1960)62BOMLR383; 1960CriLJ1558
..... would cancel the warrant. otherwise it would send back the warrant for execution and take action in contempt against those responsbile for preveting its execution. the present inquiry is to determine what should be done with the warrant, which has been returned unexecuted.(5) we are inclined to accept the arguments of mr. kotwal. if ..... severe. the minimumsentences of imprisonment for certain offences. experience shows that these minimum sentences are sometimes unduly severe. the minimum sentence having been prescribed by law, the judge cannot reduce or remit it. power must also exist to avoid grave miscarriage of justice or possible errors in judicial determination, e.g., where through a mistake ..... this case, therefore, ended when the sessions judge made a reference to this court or at least when the high court delivered its judgment on the reference made to it. the accused could not thereafter be detained in a naval jail under s. 89(3) of the navy act. there is also no other provision in .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-22-1960
Reported in : (1961)ILLJ95Bom
..... his typed order together with certain papers there referred to an has gone to the length of observing that sri fernandes was wrong or rather partial in not making inquiries into the reports against the appellant. sri fernandes' conduct however was not in question before the labour court and if sri fernandes honestly believed after hearing the ..... why he thought it necessary to take any action on the reports against the appellant and if really the management desired to take any action in the matter, the inquiry could have been entrusted to any other officer. these are the reports not fully inquired into nor finally considered for the action, if any, against the appellant ..... the form in which the order is made or of the language there used. before proceeding with the position under the bombay industrial relations act and the points raised for consideration by the learned labour judge in this connexion, a reference may be made to the recent case of assam oil company, ltd. v. its workmen 1960 i l .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-24-1960
Reported in : (1961)ILLJ162Bom
..... conciliation or not, cannot be properly regarded as a part of the conciliation proceedings. they are, what they purport to be on their face, only preliminary inquiries and merely because such inquiries are held, the hands of the conciliation officer cannot be said to be bound in any way. mr. neemuchwalla then said that mr. shelke had not ..... drawn a line of distinction between what is made obligatory by it and what is made discretionary. such being the position, we have no doubt that the learned single judge was right in holding that the conciliation officer had, in this matter, a discretion whether to enter upon conciliation or not. 8. the next and the most important ..... him in the shape of letters addressed to him and to other officers in the labour department by the union, it could well be said that he has acted arbitrarily or acted on insufficient material. in order to avoid such a charge against him, if a conciliation officer embarks upon a preliminary enquiry, can it be properly said .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-18-1960
Reported in : AIR1961Bom239; (1961)63BOMLR289; ILR1961Bom224
..... any other enactment for the tune being in force and therefore so far as the provisions of the c. p. and berar courts act are concerned, they deal with only the ordinary jurisdiction of the district judge, thatis to say, with regard to suits and other proceedings which can be commenced under the code of civil procedure but not with ..... , relating to which or to the endowment whereof, any suit shall be instituted or application made under the provisions of this act'. therefore, the contention on behalf of the respondents may perhaps be justified if the district judge bad been taking the action as was taken in the present case, because by virtue of section 17(1)(c) of ..... justifying the order passed by the additional district judge.9. then mr. manohar referred to the provisions of sections 26 and 27 of the madhya pradesh public trusts act, 1951 (xxx of 1951). undoubtedly, section 27 of that act gives power to the court to make or cause to be made such inquiry against a trustee in a case of this .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-07-1960
Reported in : (1961)63BOMLR863
..... the general interest of the community was directly and vitally concerned. it was further observed that (p. 102) :-.prima facie the government are good judges of that. they are not absolute judges.the privy council accepted as correct the finding of the lower court that the purpose for which the lessors entered upon possession was one which would redound ..... . having regard to that indefinite position, i accept mr. sorabji's contention that the impugned order is not made for a public purpose as mentioned in section 6 of the act.12. in this connection mr. sorabji has also referred to the decision of the supreme court in the case of state of bombay v. r.s. nanji : [1956 ..... 9, 1959, made in exercise of the powers conferred on the state government under clause (a) of sub-section (4) of section 6 of the bombay land requisition act, 1948.2. the relevant facts are as follows:-the petitioner is the owner of a building called sahny villa situate at 2nd naoroji gamadia road, bombay. the petitioner had .....
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