Court : Mumbai
Decided on : Jun-28-1967
Reported in : AIR1968Bom323; (1968)70BOMLR89; 1968MhLJ407
..... in 1918 as stated earlier. as there was no male member in the family, apparently rameshwar and laxman succeeded to the property of damodar as found by the learned judges below, and laxmibai and vatsalabai had only rights of maintenance in the property. rameshwar and laxman partitioned the property which they obtained as heirs of damodar by metes and ..... rameshwar has spent his money he was not entitled to get the amounts spent for improvement of the property. it is argued that section 51 of th transfer of property act has no application to a case like the present one. in support of that contention, the decision of the calcutta high court in creet l. a. v. firm ..... get compensation for improvements. (14) what the plaintiff is entitled to would be the properties as at the date of the death of damodar. as the learned appellate judge has observed, there was not much other property which came to rameshwar from the income of which large amounts could have been spent by rameshwar on the improvement of .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-26-1967
Reported in : (1968)70BOMLR177; 1968MhLJ185
..... the non-compliance of the form or manner will be, then, the question as to whether the prescription is directory or mandatory has got to be judged by examining the whole scope and purpose of the enactment concerned... .judicial precedents in india have recognised the principle enunciated by the english authorities that where ..... a view to see whether there was substantial compliance with the terms thereof. the notices concerned were given by the board to certain licensees, under the electricity act. then a passage from crawford on statutory construction has been quoted to the following effect (p. 333) :if a statute enumerates the things upon which ..... chadwick & bros. : [1953]4scr1028 and emperor v. rayangouda lingangouda : air1944bom359 . it may not be necessary to contest that section 8 of the general clauses act is equally applicable in interpreting statutes as well as instruments and that a document like a licence given to an undertaking is an instrument. it will answer the description of .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-19-1967
Reported in : (1968)ILLJ197Bom
..... electricity board and also members of the association. respondent 1, the maharashtra state electricity board, is a statutory corporation constituted under the electricity (supply) act, 1948 (central act 54 of 1948). respondent 1 issued an advertisement in newspapers, inviting applications for the post of executive engineers (e and m) in the board. ..... like respondent 2 suffers on account of this order, but the public authorities who have a constitutional obligation to discharge in exercise of their functions cannot act to the detriment of constitutional right of other citizens. but in upholding the constitutional right no undue injury should be suffered by any other citizen. ..... order, dated 11 may, 1966, appointing respondent 2 s. s. ghisad, as an executive engineer, be quashed, and that respondent 2 be restrained from acting as executive engineer of respondent 1. petitioner 1 is an association of engineers employed by respondent 1, i.e., the maharashtra state electricity board. petitioners 2 .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-04-1967
Reported in : (1967)69BOMLR801; (1968)ILLJ222Bom; 1968MhLJ71
..... government from time to time. he rejected the argument of the plaintiff that the act did not prohibit continuance of cattle-pounds other than those sanctioned by the district magistrate. the learned judge took the view that the provisions of the cattle trespass act, by necessary implication, did prohibit setting up of cattle-pounds of their continuance by ..... observed that under the cattle trespass act, the pounds are to be under the control of the district ..... illegal, but was perfectly legal under the provision of the cattle trespass act, 1871. the plaintiff also could not claim income from pounds after resumption of the same by the act of state and thus the suit in this respect also was not tenable. the district judge, who upheld the defence so far as this issue was concerned, .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-30-1967
Reported in : AIR1968Bom332; (1968)70BOMLR80; [1969]72ITR157(Bom); 1968MhLJ338
..... the determination of a petition filed under sub-section (1-a) of section 13 is to render the amendments made by amending act no. 44 of 1964 wholly meaningless. that is the principal ground on which the learned trial judge has held that sub-section (1-a) of section 13 confers an absolute right on a party to get a decree ..... that the husband had willfully refused to comply with the decree for restitution, but the learned judge disallowed that evidence as he took the view that the amendment introduced to section 13 of the hindu marriage act of 1955 (hereinafter called 'the act'). by amending act no. 44 of 1964 conferred an unqualified right on either party to a marriage to obtain ..... for divorce and that is also one of the main arguments which was urged before me by mr. vyas. prior to the amendments introduced by the amending act of 1964, the position which .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-28-1967
Reported in : AIR1968Bom247; (1967)69BOMLR651; ILR1967Bom1156; 1967MhLJ964
..... case also arose before the orissa high court in the case of the state v. umacharan, : air1966ori81 . the learned judge has drawn the attention to form no. iii and also rule 7(3) of the act and concluded that it was not necessary for the public analyst to specifically state that he compared the two seals. the learned ..... distinction, i am not disposed to agree, with great respect, with the reasoning of the learned judge of the mysore high court as also the reasoning of the learned judge of the gujarat high court. there are other safeguards provided by the act and the rules and the submission of the specimen of the seal of the pocket, is ..... (1) this is an application in revision from the judgment of the additional sessions judge, dhulia, confirming the order of conviction of the petitioner passed by the judicial magistrate, first class, dhulia under section 16(1)(a)(i) of the prevention of food adulteration act, 1954.(2) the material facts are as follows:-the petitioner (who would hereafter be .....
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 : 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 : Feb-13-1967
Reported in : AIR1968Bom304; (1967)69BOMLR710; (1968)IILLJ177Bom; 1967MhLJ1019
..... above principles in that case one m who held the substantive grade of first grade mamlatdar was officiating as district deputy collector. subsequently, as a result of departmental inquiry for misconduct, he was reverted to his original rank as mamlatdar. he filed a suit for a declaration that the order of reverter was void and also for ..... is terminated and gave the right to possession, and not before the sub-letting of the property.(13) we, therefore, are of the view that the learned district judge was right in holding that the plaintiff was not entitled to any relief except one granted by him. the appeal therefore, fails and is dismissed with costs.(14) appeal ..... for mental and bodily suffering and towards legal expenses towards prior suit. the state appealed to the district court. the district court applied art. 102 of the limitation act and awarded only such part of salary or allowance as fell within three years prior to the date of the suit. it rejected the claim of the plaintiff .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-11-1967
Reported in : [1967]65ITR542(Bom)
..... in june, 1946. 4. not satisfied with his offer the assessee-applicant claimed reference to arbitration and on november 10, 1947, the civil judge, senior division, poona, was appointed the arbitrator. the government appointed its consulting surveyor as an assessor to aid the arbitrator and the assessee on its apart of appointed one mr ..... premises to remain in their possession as before. 3. consequent upon the requisition, the assessee put in a claim for compensation under section 19 of the defence and of india act, claiming rs. 1,85,200 some time in october, 1944. the collector on his part, however, offered them only rent at the rate or rs. 310 per month some time .....
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