Court : Mumbai
Decided on : Mar-23-1976
Reported in : AIR1977Bom53; (1976)78BOMLR262
..... insurer m/s. marine and general insurance co., ltd., appellant no. 1, the insured owner of the motor lorry, bearing no. mrt 8615 minu d. mehta -- partner, cawasji behramji and co., appellant no. 2 and the said partnership firm, appellant no. 3, under section 110-d of the motor vehicles act, 1939, against the award passed against them in the sum of rs. l,43,400/- on an application ..... sections. section 97 passes on the right of the insured in the event of his insolvency or if it is a corporation, its winding up, to the third parties section 99 prohibits any settlement between an insurer and the insured unless the third party is a party to such a settlement. section 101 in terms provides that insolvency of the insured will not affect the claim of the third party once a certificate of insurance is issued. section ..... interest on fixed deposit which may be alright for a temple or a dargah or even a public and charitable institution or an old infirm or invalid man or woman incapable of functioning in life and earning by working with brain or hand.29. the tribunal, in our opinion, has made the best efforts and tried to determine compensation in as 'just' a manner as ..... give way to the bar of limitation provided in sub-section (3) of section 110-a. it must be vice versa. the change of the procedural law of forum must be given effect to. the underlying principle of the change of law brought about by the amendment in the year 1956 was to enable the claimants to have a cheap remedy of approaching .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-09-1976
Reported in : AIR1977Bom244
Dharmadhikari, J.1. General elections for electing the Councillors to the Municipal Council, Malkapur were held in June 1967. Thereafter, the first meeting of the Municipal Council for electing the President was held in July 1967 and it appears that one Shri J. N. Jadhao, who is respondent No. 4 before us, was elected as the President of the Municipal Council. The term of the elected Councillors in the normal course would have expired in July 1972. But it appears that it was extended from time to time. Initially as there was an acute scarcity in the majority of the districts of Maharashtra in the year 1972, the State Government decided to extend the term of the Municipal Council upto 31st of December 1'972. Then came the Maharashtra Municipal Council Postponement of Elections- due to Scarcity Conditions in the State) Act, 1072. By virtue of this enactment the elections were postponed. It appears from the record that in the meantime on 22nd May 1972 Shri Vallabhdas Jagannath Purohit was...
Tag this Judgment!Court : Mumbai
Decided on : Sep-17-1976
Reported in : [1977(35)FLR314]; (1977)IILLJ189Bom
1. This is an appeal by the Corporation of the City of Nagpur against the order of acquittal passed the Judicial Magistrate First Class, (Corporation), Nagpur on 17th May, 1974 acquitting the agent of the Bank of Baroda who was charged for an offence under S. 7(2A) of the Bombay Shops and Establishments Act, 1948. It appears that on January 8, 1974, at about 10.45 a.m. the Shop Inspector attached to the Corporation visited the premises of the Bank of Baroda, Dharampeth Branch, Nagpur and observed that the employer had failed to send an application in the prescribed Form B for renewal of registration certificate in respect of his establishment for the year 1974. After going through the formalities, a challan was lodged. 2. On behalf of the accused it was contended that the provisions of the Shops and Establishments Act, 1948 (Act No. 71 of 1948), do not apply and as such there was no necessity of taking any such licence. It may be observed that subsequently for the same year 1974 such a...
Tag this Judgment!Court : Mumbai
Decided on : Sep-17-1976
Reported in : 1977CriLJ889; 1977MhLJ139
Dighe, J.1. This is an appeal by the Corporation of the City of Nagpur against the order of acquittal passed by the Judicial Magistrate, First Class (Corporation), Nagpur on 17th May 1974 acquitting the agent of the Bank of Baroda who was charged for an offence under Section 7(2A) of the Bombay Shops and Establishments Act. 1948. It appears that on 8-1-1974 at about 10-45 A.M. the Shop Inspector attached to the Corporation visited the premises of the Bank of Baroda. tnharampeth Branch, Nagpur and observed that the employer had failed to send an application in the prescribed Form B for. renewal of Registration Certificate in respect of his establishment for the year 1974. After going through the formalities, a challan was lodged.2. On behalf of the accused it Was contended that the provisions of the Shops and Establishments' Act, 1948 {Act No : 79 of 1948) do not apply and as such there was no necessity of taking any such licence. It may be observed that subsequently for the same year 1...
Tag this Judgment!Court : Mumbai
Decided on : Dec-16-1976
Reported in : AIR1977Bom425; 1977MhLJ298
ORDER1. Opponent No. 1 Brijmohan filed an application under Section 20 of the Arbitration Act against the applicants as well as opponents Nos. 2 to 5 contending that the original opponents had entered into an agreement with him on 24-11-1965 whereunder he had advanced an amount of Rs. 26,250/- to the opponents on the terms and conditions enumerated therein. Further, according to him, as the opponents failed to comply with the terms and conditions of the agreement, vide registered notice dated 11-11-1967 he asked them to pay an amount of Rs. 31,885.86 as dues on account of his business commission. Vide reply dated 27-9-1968 the opponents contended that the entire dues were pai dto his father and as no business was done for the concerned pictures for November 1967 onwards, nothing more was payable to him. Therefore, as according to opponent Brijmohan, a dispute or a difference had arisen between the parties, to which the arbitration agreement applied, he filed an application under Sectio...
Tag this Judgment!Court : Mumbai
Decided on : Feb-10-1976
Reported in : (1976)78BOMLR125
Madon, J.1. In a petition under Article 226 of the Constitution filed on the Original Side of this High Court, Bhatt J., by his judgment and order dated November 25/26, 1975 set aside the orders dated July 15, 1975 passed by the appellant prohibiting publication of articles, reports, letters and quotations, aggregating in all to eleven in number, intended for publication in the August 1975 issue of the monthly journal the 'Freedom First' edited by the respondent. Bhatt J., also issued a writ of mandamus directing the appellant, his officers, subordinates, servants, agents and successors-in-office to withdraw or cancel the said orders and further directing the appellant to permit the publication of the said articles, reports, letters and quotations and further directing the appellant, his officers, subordinates, servants and agents to forbear from acting in furtherance or implementation of the said orders. Bhatt J., further ordered the appellant to pay to the respondent the costs of the...
Tag this Judgment!Court : Mumbai
Decided on : Feb-24-1976
Reported in : [1976]46CompCas532(Bom)
Vimadalal, J.1. The plaintiff, who by profession is a medical man, has filed this suit against the Bank of America, National Trust and Savings Association, a corporation incorporated in the United States of America having an office in Bombay, which is its principal place of business in India as recorded in the office of the Registrar of Companies under section 592(1)(e) of the Companies Act, 1956. The plaintiff's case is that the defendant-bank had issued between October, 1966, and July, 1967, three time certificates of deposit in the name of the plaintiff for three different amounts aggregating to 46,020.86 U.S. Dollars, each of which was to mature six months after the date of its issue, and was to carry interest at the rate of 5 per cent. per annum. The plaintiff's case in paragraph 16 of the plaint is that, while in London, on 26th September, 1967, he happened to lose the said three time certificates of deposit which he had kept in one envelope, and in paragraph 19 of the plaint, it...
Tag this Judgment!Court : Mumbai
Decided on : Apr-23-1976
Reported in : (1977)79BOMLR449
..... assistance to the petitioners.23. in the diamond sugar mills case cited supra, the question was whether the provisions of section 3 of the u.p. sugarcane cess act, 1956, which imposed a cess not exceeding four annas per maund on the entry of sugarcane into ..... supreme court took the view that rule 7(2) of the rules framed under the bombay provincial municipal corporations act (59 of 1949) was beyond legislative competence because the relevant entry in list ii of schedule vii in item 49 ..... material was that the borrower was agriculturist who was given loan on the security of either movable or immovable property by the money-lender. application of the amount borrowed was thus never the criterion to determine the extent of agricultural indebtedness. the phrase has always been ..... wide sweep are included carriage of persons and goods by road, rail, air and waterways, contracts, banking, insurance transactions in the stock exchanges and forward markets, communication of information, supply of energy, postal and telegraphic services ..... two enactments can still be repugnant to each other if the field is already occupied by the superior legislature.43. now, article 254(1) is the only provision which is material for the purposes of this contention. it provides ..... any measure of immediate relief.' he has further observed that it touches the fundamentals of indian economic life. dealing further with the causes of indebtedness, his following observations are instructive:the peculiar feature which marks .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-28-1976
Reported in : (1976)78BOMLR549
Desai, J.1. This is an appeal from the decision of Vimadalal J. given on the preliminary issue of jurisdiction. By his judgment and order dated February 24, 1976 he held that this Court had no jurisdiction to entertain and try the appellant plaintiff's suit and answered the preliminary issue in the negative and against the plaintiff and consequentially the suit was dismissed with costs.2. The plaintiff had filed the suit against the Bank of America, National Trust and Savings Association (hereinafter referred to as the 'Bank of America'), a corporation incorporated in the United States of America. The plaint, however, goes on to describe the defendant further as having a principal place of business in India located at 18, Bruce Street, Bombay-1. The claim in the suit is a money claim for Rs. 5,40,000 (Rupee equivalent of 'U.S. Dollars 72,000) and for compensation and damages assessed by the plaintiff in respect of various items specified in para. 115 of the plaint. This claim for compe...
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