Court : Mumbai
Decided on : Jan-28-1967
Reported in : AIR1967Bom378; (1967)69BOMLR530; 1967CriLJ1376; 1967MhLJ394
..... but for the purpose only of explaining any matter referred to in his cross-examination.'section 540 reads thus:-'any court may, at any stage of any inquiry trial or other proceeding under this code, summon any person as a witness or examine any person in attendance, though not summoned as a witness, or ..... request of the police prosecutor, the learned magistrate granted the application for recalling the witness sitalprasad havildar. the accused therefore filed a revision application before the sessions judge, nagpur, challenging the said order.(4) it was contended on behalf of the accused that the aforesaid witness was examined-in-chief by the police prosecutor. ..... prosecution witnesses, issued processes for the attendance of the remaining witnesses given up by the prosecution. it was held that the magistrate was legally entitled to act as he did under section 540 of the code of criminal procedure. in that case the question whether those witnesses should be treated as witnesses for the .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-31-1967
Reported in : AIR1968Bom106; (1967)69BOMLR504
..... entitled to redeem the whole of the mortgage property, but only the property that it had purchased on payment of proportionate amount of the mortgage dues. the learned trial judge made a decree for redemption of the entire mortgage property. in the three survey numbers, by decree, dated september 26, 1962, by this appeal the bank challenges the ..... sale came to be confirmed. defendants 9 and 10 challenged the said order of confirmation in appeal no. 48 of 1960, which was eventually dismissed on september 6, 1968. the society then instituted the present suit for redemption.(3) in the plaint, the plaintiff-society alleged that it had purchased 4 acres and 3 gunthas of the land ..... to the continued existence of the mortgage if the right is extinguished either say by conveyance of the said right by the mortgagor to the mortgagee by a voluntary act or by decree of a court such as one of foreclosure or by a completed sale in execution then the right could no longer subsist. subsequent provisions must .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-06-1967
Reported in : AIR1968Bom267; (1967)69BOMLR848; 1968MhLJ223
..... ]1scr168 ). the office of the motor vehicles tribunal was, therefore, wrong in insisting upon the applicants that they make the insurance company party to the proceedings. the learned judge was equally wrong in permitting the insurance company to take part in the proceedings which had no relation to any of the defences which it could have taken under s ..... by the party. the principles of assessing costs on the original side do not apply in other courts where duel system does not operate. under the motor vehicles act, there is no direct provision which enables the tribunal to award costs. but the whole procedure is left to be governed by the rules framed by the government ..... , the executor administrator or representative of the deceased may insert a claim for and recover any pecuniary loss to the estate of the deceased occasioned by such wrongful act, neglect or default, which sum when recovered shall be part of the estate of the deceased'.*(the reference to s. 1 appeared to be a mistake for .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-07-1967
Reported in : AIR1968Bom280; (1967)69BOMLR622; 1967MhLJ946
..... is with these kinds of construction that the great right of vicinity is claimed by them. the second case is rightly distinguished by mr. justice palekar.(11) the trial judge has very lightly granted the injunction. principles of granting temporary injunctions are well settled. order 39, rules 1 and 2 provide for such injunctions. rule 1 does not ..... : air1967bom94 mr. advani relying upon mansata films distributors v. sorab modi : air1955bom266 contended that an appeal will not lie where the order is made by a single judge only in connection with a step in aid in the suit, but where the interlocutory order determines the right of a party pro tanto, the party affected has a right ..... 88 cal. lj 78. in the first case, the petition was under s. 45 of the specific relief act on the original side of the high court. the proposed building 13 was so near the building 21, that the learned judge recognising that the existence of the element of 'legal right' depends upon the facts of each case said on .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-17-1967
Reported in : (1968)70BOMLR159; [1968(17)FLR105]; (1968)IILLJ353Bom; 1968MhLJ10
..... elaborate procedure of sub-section (2) ... but the anti thesis between 'money due' and a 'benefit which must be computed in terms of money' still remains, for the inquiry being made is not of the kind contemplated by sub-section (2) but is one for the satisfaction of the state government under sub-section (1). it is verification of ..... are not 'money due'. for instance, loss of the benefit of free quarters is not loss of 'money due' though such loss can be reckoned in terms of money by inquiry and equation. the contrast between 'money due' on the one hand and a 'benefit' which is not 'money due' but which can become so after the money equivalent ..... a labour court at nagpur for adjudication of industrial disputes relating to matters specified is sch. ii to the said act and for performing such other junctions as may be assigned to it under the act; and (2) appoint sri p. d. kulkarni, judge, district industrial court, nagpur, as the presiding officer thereof. (by order and in the name of the .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-23-1967
Reported in : AIR1972Bom254; (1972)74BOMLR22
..... is not applicable to quasi - judicial enquiries. the particular remark referred to by mr. sorabji has been made in a case which related to an inquiry under the industrial disputes act. principles relating to industrial disputes have been set out in that judgment. it has there been pointed out that although there may have been an ..... evaluation of the entire procedure followed before the officer who makes the order at the initial stage. when the appellate officer is a judicial officer, he would judge even the original proceedings with a trained eve. with his qualifications, training and experience as a lawyer and a judicial officer he would notice every defect or ..... a special procedure is more drastic than the ordinary procedure or not. the supreme court took into account such factors as to whether the investigator and the judge who was to make the order were rolled into one without there being any provision for reviewing the conclusions of the investigator, whether the right of inspection .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-06-1967
Reported in : (1968)70BOMLR407
..... learned assistant government pleader contended that ad valorem court-fee would be payable in view of section 8 of the said act. the learned judge held that the order of the arbitrator could not be deemed to be a decree of a court, nor was it ..... in these appeals runs into thousands of rupees. we felt doubtful about the correctness of the amount of court-fee paid and on inquiry we were told that fixed court-fee of rs. 5 was accepted by the office of this court in view of the ..... schedule[s] that the amount is to be determined. after referring to the decision of this court in hirji virji's case, the learned judge further observed (p. 34) :. in my opinion, therefore, for a matter to be brought within section 8 there must be an ..... to set aside or award sought to be set aside or modify any award otherwise than under the modified, according to the scale arbitration act, 1940. article 1. prescribed under11. mr. gumaste, the learned government pleader on behalf of the union of india, contends that the .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-28-1967
Reported in : AIR1969Bom66; (1968)70BOMLR359; 1968MhLJ593
..... beyond the jurisdiction of the city civil court was, therefore, incompetent to entertain the suit. that case fell to be decided under the provisions of the court -fees act, 1870. the trial judge upheld the contention of the defendants and ordered that the plaint be returned for presentation to the proper court . on appeal, bavdekar, j. held that the city ..... question as to whether the valuation put by the plaintiffs should be accepted, or an inquiry ordered under the provisions of section 8a, observed that though the right of the plaintiffs under s. 7(iv)(c) to put his own valuation was indisputably subject to ..... that if the court was of opinion that the subject-matter of a suit had been wrongly valued, it could revise the valuation by holding the necessary inquiry for that purpose. the plaintiffs put their own valuation on the said suit under the provisions of s. 7(iv)(c), and the division bench, in considering the .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-15-1967
Reported in : AIR1969Bom111; (1968)70BOMLR376; ILR1969Bom766
..... from disputing that the particular temple was the subject of a public religious trust. it was held by their lordships that the decision of the district judge under the charitable and religious trusts act - a decision from which under section 12 there is no appeal - was a decision in a summary proceeding, that it was not made final ..... , for it is then alone, and not otherwise, that principles analogous to res judicata would apply. as i have stated above, the simple issue in the summary inquiry under chapter vii as it existed at the material time was whether the tenancy was determined or the licence was withdrawn and if the applicant established that bare fact, ..... which were on the statute book at the material time show that a proceeding under chapter vii is in the legislature itself contemplated that an nature of a summary inquiry and order under section 43 would be subject to a decree passed in a regular suit. the second paragraph of section 47 expressly provided that the decree in .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-21-1967
Reported in : AIR1968Bom443; (1968)70BOMLR219; 1968MhLJ510
..... raja shankar who had signed the acknowledgment, was either a partner or a manager of the business in charge of it at the time of service, he must make inquiries and make a further affidavit before i hold the service to be sufficient. no such affidavit has, however, been made. in fact, neither of the parties is able ..... notice filing of award, he could have dismissed the petition as premature in which case the petitioners could have waived or accepted service and repeated their petition. the learned judge, however, decided the petition not on the actual position as to whether there was or was not a good service, but on the assumption of correctness of the ..... me mr. jhunjhunwala for the respondents that the provisions of order 30, rules 3 and 5, are not applicable to notices under section 14(2) of the arbitration act. there is, however, no substance in this argument in view of the fact that section 141 of the code of civil procedure makes the provisions of civil procedure code applicable to .....
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