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Kondiba Vithoba Shinde Vs. Dagdu Rama Khendke
Court : Mumbai
Reported in : AIR1949Bom366; (1949)51BOMLR631
M.C. Chagla, C.J.1. This is an application in revision against an order made by the District Judge, Ahmednagar, holding that the decision of the Extra Joint Sub-Judge, Ahmednagar, that a transaction dated May 8, 1919, was a sale and not a mortgage as contended by the plaintiff, was not correct. In passing this order the learned District Judge was exercising jurisdiction vested in him under Section 53 of the Dekkhan Agriculturists' Relief Act and that section confers upon him revisional powers of the nature stated in that section. It is competent to him to set aside an order made by the trial Court if he is satisfied that that order is erroneous either because it is illegal or it is improper, and the proviso to that section really indicates what is the foundation of the jurisdiction, conferred under that section, and that foundation is that no decree or order shall be reversed or altered for any error or defect or otherwise, unless a failure of justice appears to have taken place.2. Now...
Tag this Judgment!Western India Automobile Association Vs. the Industrial Tribunal
Court : Mumbai
Reported in : (1949)51BOMLR894
Mahajan, J.1. This is an appeal from a judgment of a division bench of the High Court of Bombay cancelling a writ of prohibition issued by Coyajee J. against the Industrial Tribunal to which a dispute between the Western India Automobile Association and its workers had been referred under Section 10 of the Industrial Disputes Act, XIV of 1947.2. Though a number of points were raised before Coyajee J. and before the division bench, the principal question raised by this appeal relates to the jurisdiction of the Tribunal constituted under the Act to entertain the dispute which had been referred to it. The controversy is firstly as to the scope of the Act, i.e., whether the Act has application to cases of private employers or is limited only to cases where either the Central or the Provincial Government, or a local authority is the employer, and secondly, as to whether the dispute as to reinstatement of certain dismissed employees is a matter which is referable to the Tribunal.3. On an app...
Tag this Judgment!F.W. Heilgers and Co. Vs. Nagesh Chandra Chakravarty
Court : Mumbai
Reported in : (1950)52BOMLR23
Harilal Kania, Kt., C.J.1. This is an appeal from a judgment of the High Court of Judicature at Fort William in Bengal. The appellant (petitioner) is a firm registered under the Indian Partnership Act and carries on btisiness in Calcutta inter alia as the managing agent of the Titagarh Paper Mills Company, Ltd., and other companies. At all material times the company had employed about 5,400 workmen and 370 clerks. Early in December, 1946, two trade unions of the company's employees were formed and registered under the Trade Unions Act. On March 14, 1947, there was a strike which continued up to May 23, 1947. The employees claimed from the company bonus for work done by them during the period of war. They further claimed the grant of annual bonus equivalent to one month's pay for the years 1945 and 1946 and lastly they claimed the introduction of a profit- sharing scheme, with effect from January, 1947, which will give them a profit-sharing bonus in each succeeding year. The first claim...
Tag this Judgment!The India Paper Pulp Co. Ltd. Vs. the India Paper Pulp Workers' Union
Court : Mumbai
Reported in : (1950)52BOMLR176
Harilal Kania, Kt., C.J.1. This is an appeal from a judgment of the High Court of Judicature at Fort William in Bengal and involves principally the question of the re-instatement of 109 employees of the appellant company, who were discharged after notice was given to them on December 4, 1947. Their service was terminated as at the end of January and their full pay for the months of December 1947 and January 1948 was paid to them.2. The relevant facts are these. On September 10, 1946, the employees of the appellant company formed into an union, which was registered on December 3, 1946. It was alleged that almost all the employees of the company became members of the union. On December 24, 1946, the union submitted to the company a memorandum of the demands of the employees, for the amelioration of their condition. The company declared a lock-out on February 28, 1947, and negotiations through the Labour Commissioner for re-opening the factory having failed, the Government of West Bengal ...
Tag this Judgment!The Shamnugger Jute Factory Co. Ltd. Vs. S.M. Modak
Court : Mumbai
Reported in : (1950)52BOMLR178
Harilal Kania, Kt., C.J.1. This is an appeal from a judgment of the High Court of Judicature at Fort William in Bengal. The appellant (petitioner) is a limited company incorporated under the Scottish Companies Act and having its registered office in Dundee, Scotland, and carrying on business, inter alia, in Calcutta within the Ordinary Civil Jurisdiction of the Calcutta High Court. The appellant employed at its mill about 4844 workmen. On February 9, 1948, the petitioner employed one Kishan Deo, but his services were terminated on March 23, 1948. There appeared to have been trouble in respect of the discontinuance in service of this employee, and apprehending a breach of the peace, the petitioners put up a notice closing the mill. The mill was re-opened after a few days, but the workmen did not return to work because Kishan Deo and two other workmen were not offered re-employment. The Government of West Bengal, acting under the Industrial Disputes Act, 1947, referred for adjudication b...
Tag this Judgment!Roberts Mclean and Co. Ltd. Vs. A.T. Das Gupta
Court : Mumbai
Reported in : (1950)52BOMLR179
Harilal Kania, Kt., C.J.1. This is an appeal from a judgment of the High Court, of Judicature at Fort William in Bengal. The material facts are these.2. The appellant (petitioner) is a company incorporated under the Indian Companies Act and carries on business, amongst other places, at No. 101, Netaji Subhas Road, Calcutta, within the Original Civil Jurisdiction of the High Court at Calcutta. By an order of the Government of West Bengal, dated May 15, 1947, Mr. Waight was appointed under the Industrial Disputes Act, 1947, the Tribunal for adjudication of a dispute between the petitioner and the Roberts McLean Employees Union, having its office in Calcutta. Notices of proceeding with the adjudication were issued in due course. By an order of the Government of West; Bengal, dated September 1, 1947, the order of May 15, 1947, was amended so as to make the reference to Mr. A.T. Das Gupta. The said Tribunal proceeded with the matter and Mr. A.T. Das Gupta made his award on January 10, 1948....
Tag this Judgment!Jhamman Singh Vs. Ratan Lal and ors.
Court : Allahabad
Reported in : AIR1949All480
Mushtaq Ahmad, J.1. This is a defendant's appeal arising out of a suit for recovery of Rs. 650 as damages (not for refund of sale-consideration as urged by the learned Counsel for the appellant) in the following circumstances.2. On 16th April 1936, the defendant-appellant applied under Section 4, U.P. Encumbered Estates Act, after which, on 21st April 1936, the proceedings were forwarded to the Special Judge under an order of the Collector. Later, on 9th June 1936, the defendant executed a sale-deed in favour of the plaintiffs-respondents in respect of a part of the property which became the subject of the proceedings under the said Act. On the basis of the deed, the vendees (respondents) laid a claim to the property purchased by them Under Section 11 of the Act. This claim was rejected on the ground that the sale-deed having been executed after the Collector had passed an order under Section 6 of the Act was absolutely void. It may be mentioned that after the sale-deed, the vendees ha...
Tag this Judgment!S. Mohd. Liaq and ors. Vs. Ramji and ors.
Court : Allahabad
Reported in : AIR1952All618
Desai, J.1. In 1931 the respondents obtain-ed a decree against Mir Muzaffar Husain for Es. 765 odd together with costs & interest. Mir Muzaffar Husain died on 21-1-1932 & has been succeeded by twelve persons, including the appellants. The first execution application was filed on 22-8-1932; it was really an application to bring the legal representatives of Mir Muzaffar Husain on the record. It was consigned to the Record Room on 22-12-1932. Second execution application was filed in July 1935 & was consigned to the Record Room on the ground that the legal representatives were agriculturists. Third application was filed in July 1938 & was consigned to the Record Room in February 1939. The fourth application was presented on 8-5-1941; it was for attachment of the house in which Mir Muzaffar Husain had a half share. The legal representatives filed several objections against the application. In the meantime one of the legal representatives filed a suit for partition of her share in the house...
Tag this Judgment!Governor-general in Council Vs. Corporation of Calcutta
Court : Kolkata
Reported in : AIR1950Cal121
Das, J.1. The appellant, Dominion of India, representing the East Indian Railways, (formerly Bengal Assam Railway) appeals to this Court under Section 141, Calcutta Municipal Act III [3] of 1923 (hereinafter called the Act) against an order dated 30th June 1947, passed by Mr. R. N. Ray, learned Small Cause Court Judge, Sealdah, District 24 Parganas, whereby he dismissed an appeal against the order of the second Deputy Executive Officer, Corporation of Calcutta, dated 11th April 1946, under Section 140 of the Act in respect of the assessment of Premises No. 52, Gopal Chandra Chatterjee Road.2. The B. A. Railway (Bengal Assam Railway) was the owner and occupier of premises No. 52, Gopal Chandra Chatterjee Road, measuring 83 Bighag, 9 Kottahs 6 chhataks and 14Sq ft., and was paying Rs. 3004-12-0 per annum on account of municipal rates and taxes to the Corporation of Calcutta, hereinafter called the Corporation.3. By a memorandum, Ex. 4, the B. A. Railway let out to the Civil Supply Depart...
Tag this Judgment!Emperor Vs. Pranshankar Shambhuram Raval
Court : Mumbai
Reported in : (1949)51BOMLR671
Chainani, J.1. In this case a prosecution was instituted against the two accused under Rule 81(4) of the Defence of India Rules, 1939, before Khan Saheb S.K. Desai, who was then City Magistrate, First Class, Ahmedabad, After he had recorded some evidence, further hearing of the case was postponed, as the prosecution wanted to consider the question of its withdrawal. Eventually it was decided that the case should be proceeded with. In the meantime Khan Saheb S.K. Desai had retired, and the case came up for hearing before Mr. R.K. Desai. The accused then made a request that all the witnesses previously examined should be recalled and reheard, and this request was granted. A question then arose whether the evidence of these witnesses recorded before Khan Saheb S.K. Desai was or was not to be regarded as evidence in the case. The Magistrate heard the advocates on both sides and then passed an order in the following terms on January 29 1948.I decide that the previous evidence stands and is ...
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