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Judgment Search Results Home > Cases Phrase: bombay high court letters patents amendment act 1948 maharashtra Year: 1969 Page 1 of about 30 results (0.225 seconds)

Feb 05 1969 (HC)

National and Grindlays Bank Ltd. Vs. the Municipal Corporation

Court : Mumbai

Decided on : Feb-05-1969

Reported in : (1970)72BOMLR112

..... . 1182. the appellant thereafter preferred a letters patent appeal no. 28 of 1964 which was summarily dismissed by chief justice h. k. chainani and mr. justice gokhale on march 25, 1964. the present appeal is brought by special leave from the judgment of the bombay high court dated march 25, 1964.3. section 3(r) of the bombay municipal corporation act, 1888 (act no. iii of 1888) (hereinafter ..... trustee of the estate of the late mr. f.e. dinshaw and in that capacity is the owner of a plot of land at manchubhai road, malad, greater bombay in the state of maharashtra, bearing no. p-ward no. 6418, street no. 299b. the said plot of land had been leased by the former trustee of the estate to one mr. r ..... . 430. being aggrieved by this order the appellant preferred an appeal to the chief judge, small causes court, bombay under section 217 of the act. the appeal was dismissed by ..... land and the structure separately and recovering the same from the landlord and the tenant. after the merger, the bombay municipal corporation issued a notice to the appellant under section 167 of the act informing him that the assessment book had been amended by inserting the name of the appellant and that the rateable value of the house had been fixed at rs .....

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Feb 05 1969 (SC)

National and Grindlays Bank Ltd. Vs. the Municipal Corporation of Grea ...

Court : Supreme Court of India

Decided on : Feb-05-1969

Reported in : AIR1969SC1048; 1970MhLJ382(SC); (1969)1SCC541; [1969]3SCR565

..... .1132 the appellant thereafter preferred a letters patent appeal no. 28 of 1964 which was summarily dismissed by chief justice h. k. chainani and mr. justice gokhale on 25th march, 1964. the present appeal is brought by special leave from the judgment of the bombay high court dated 25th march, 1964.3. section 3(r) of the bombay municipal corporation act, 1888 (act no. 3 of 1888) (hereinafter ..... trustee of the estate of the late mr. f. e. dinshaw and in that capacity is the owner of a plot of land at manchubhai road. malad. greater bombay in the state of maharashtra bearing no. p-ward no. 6418, street no. 299b. the said plot of land had been leased by the former trustee of the estate to one mr. r ..... . 430/-. being aggrieved by this order the appellant preferred an appeal to the chief judge, small causes court, bombay under section 217 of the act.' the appeal was dismissed by ..... land and the structure separately and recovering the same from the landlord and the tenant. after the merger, the bombay municipal corporation issued a notice to the appellant under section 167 of the act informing him that the assessment book had been amended by inserting the name of the appellant and that the rateable value of the house had been fixed at rs .....

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Mar 10 1969 (SC)

State of Maharashtra Vs. Bhaishankar Avalram Joshi and anr.

Court : Supreme Court of India

Decided on : Mar-10-1969

Reported in : AIR1969SC1302; (1970)72BOMLR342; [1970(20)FLR289]; (1969)GLR851(SC); 1969LabIC1534; (1969)1SCC804; [1969]3SCR917

..... of the arrears of pay is the liability of the state of maharashtra'. the state of maharashtra filed an application for leave to appeal under the letters patent but this was dismissed. the appeal is now before us.3. the learned counsel for the appellant, the state of maharashtra, contends, first, that the high court erred in holding that there had been a breach of article 311 ..... was no duty to supply a copy of the report of the enquiry held against the plaintiff. secondly, he contends that the high court erred in fastening the liability in respect of the arrears of pay on the state of maharashtra.4. before we deal with the above points we may give a few facts. the plaintiff entered service in the gondal state ..... under consideration. it seems to us, however, that some elements of relationship between a public servant and government are based on contract within the meaning of section 60 of the bombay reorganisation act, 1960. in particular, the liability to pay salary, when it has been fixed, arises out of a contract to pay salary. authority is not lacking even in england where ..... prisons,government of saurashtra.the plaintiff filed a written statement. he was dismissed by the inspector general of prisons by his order dated february 2/4, 1955. this order was amended on february 9, 1955, in which it was stated that 'the aforesaid order should be read so as to show that the plaintiff was dismissed from service on account of .....

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Aug 21 1969 (HC)

Chitturi Perraju and anr. Vs. Yednapudi Venkamma and ors.

Court : Andhra Pradesh

Decided on : Aug-21-1969

Reported in : AIR1971AP74

..... the learned counsel for the respondent objects to the proposed amendment contending that it would be tantamount to correcting the schedules in exs. p-2 and p-4. he relies upon a bench decision of the madras high court in ramakrishnan v. radhakrishnan, air 1948 mad 13. this case does not support the objection raised ..... reason of a defect of parties to proceed with the execution, the decision was binding on the decree-holder till it was set aside'.6. the bombay high court took the same view in vyasacharya v. dajit baba, air 1945 bom 20. further in algappa chettiar v. somasundaram chettiar, 1937 mad wn 465 ..... of the opinion that both the courts had found concurrently that the lands in question were not identifiable. if these two objections to the maintainability of the execution petition no. 17 of 1960 (out of which this l. p. a. arose) are valid. then this letters patent appeal should fail.5. the law ..... deeds, it is open to them to file a suit for rectification under section 31 of the specific relief act. but, that is no bar to the granting of the present amendment petition.40. the above discussion shows that there is no difficulty about the identity of the properties that are ..... on 15th july 1954 holding that registration of certified copy of a decree was sufficient compliance with the requirements of sec. 17 of the indian registration act. therefore, this objection is not available to the third defendant.23. still another objection is that the preliminary decree in the case only declares .....

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Aug 19 1969 (SC)

Shri Kalanka Devi Sansthan Vs. the Maharashtra Revenue Tribunal, Nagpu ...

Court : Supreme Court of India

Decided on : Aug-19-1969

Reported in : AIR1970SC439; (1970)72BOMLR651; 1970MhLJ1(SC); (1969)2SCC616; [1970]1SCR936

..... land-holder who could cultivate the land personally. his order was confirmed by the sub-divisional officer and by the maharashtra revenue tribunal to whom appeals were taken. the appellant ultimately filed a petition under article 227 of the constitution before the high court which, as stated before, was dismissed.3. the only point which has to be determined is whether the sansthan ..... of articles 14 or 19 of the constitution. in shri mahadeo paikaji kolhe yavatmal v. the state of bombay : [1962]1scr733 the constitutional validity of the act itself was canvassed but the challenge failed. similarly the validity of the bombay tenancy and agricultural lands amendment act, 1956 as applied to vidarbha region and kutch area was upheld in sri ram ram narain medhi v. the ..... state of bombay [1959] supp.1 s.c.r.4897. the appeal consequently fails and it is dismissed with costs ..... of the trust 'to cultivate personality'. in the present case it is common ground that the sansthan is a private trust and is not governed by the provisions of the bombay public trusts act. the manager of the wahiwatdar of the sansthan cannot, therefore, fall within the definition of the word 'trustee' as given in section 2(18) of that .....

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Sep 16 1969 (SC)

Dadh Nathu Rajah (Dead) by Lawyers Vs. Angha Nathu Jamal (Dead) by Law ...

Court : Supreme Court of India

Decided on : Sep-16-1969

Reported in : AIR1971SC300; (1970)GLR985; (1969)3SCC813; [1970]2SCR434

..... to remain subject to the provisions of section 22a of saurashtra ordinance 2 of 1948 and an appeal could lie against the decision of vyas j., only if he certified that the case was fit for appeal to a division bench. clause 15 of the letters patent of the bombay high court provided :and we do further ordain that an appeal shall lie to the said ..... 1960, the appeal stood transferred to the high court of gujarat. the high court of gujarat held that the appeal was ..... the high court of bombay. on february 21, 1958, vyas, j., of the high court of bombay allowed the appeal. against that order to appeal under clause 15 of the letters patent of the high court of bombay was filed by the plaintiff but without an order of vyas, j., certifying that the case was fit for appeal to a division bench of the high court. on may 1, 1960 under the bombay reorganisation act ..... enactment or clear implication of the amending statute. in colonial sugar refining co. v. irving [1905] a.c 369 the judicial committee held that a provision which deprives a suitor in a pending action of an appeal to a superior tribunal which belonged to him as of right does not regulate procedure. the australian commonwealth judiciary act, 1903, came into force on .....

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May 09 1969 (HC)

Hindustan Commercial Bank Ltd., Amritsar Vs. Sohanlal Gagu Mal and anr ...

Court : Punjab and Haryana

Decided on : May-09-1969

Reported in : AIR1970P& H67

..... of the case which were before their lordships of the privy council. the view, i have taken of the matter, finds support from the decision of the bombay high court in lingbhat tippan-bhat v. parappa mallappa, air 1951 bom 1, wherein bhagwati j., (as he then was), observed as follows:--' x x the whole ..... be under a pious obligation to discharge the same.11. against the decision of the learned single judge, an appeal under clause 10 of the letters patent was preferred to this court. this appeal came up before my lord, the chief justice and pandit j., and was referred by them for decision by a larger bench. ..... under this account a demand for this amount was made both from the principal debtor and the surety. the demand was not met.3. in may, 1948, the bank filed a suit to recover the aforesaid amount against gagoomal and the firm on the basis of the equitable mortgage. a preliminary decree was ..... of a surety and the principal debtor vis-a-vis the creditor is identical. in this connection, reference may be made to section 128 of the contract act which provides that 'the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract'. thus ..... debt is concerned, the position is this: the mortgage was by deposit of title-deeds and by reason of section 96 of the transfer of property act, the provisions applicable to a simple mortgage also apply to the mortgage by deposit of title deeds. it is not disputed and indeed it could not .....

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Feb 28 1969 (HC)

Jagdish Mitter Vs. Union of India and anr.

Court : Punjab and Haryana

Decided on : Feb-28-1969

Reported in : AIR1969P& H441

..... . in a further appeal of the union of india the suit was again dismissed by a single judge of the punjab high court (s. b. capoor j.) on 10th august 1959 and the petitioner though unsuccessful in his appeal before the letters patent bench which dismissed it in limine on 19th august, 1960 eventually gained his point on 20th of september 1963, before the ..... that writ application.'20. the bombay high court in state of bombay v. ganpat dhondiba swawant air 1966 bom 228 in a judgment of k. k. desai and palekar jj. observed that the supreme court in vaikunthe's case (1962) 1 scr 886= (air 1962 sc 8) had clearly held that the claim under article 102 of the limitation act could be confined only to the ..... vaikunthe's case (1962) 1 scr 886=(air 1962 sc 8). in that case the plaintiff was retired compulsorily from service by the government of pepsu on 6th of september 1948 and was reinstated by the order of the government on 23rd of february 1951. he kept on agitating for the arrears of salary and a suit was filed for recovery ..... service and retired on superannuation on 29th of november 1953. in a suit filed by the official against the government of bombay on 2nd of august 1954, for a declaration that the order or reduction in rank passed on 11th august 1948 was void inoperative and ultra vires as also for recovery of arrears of salary allowance etc., it was held that .....

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Feb 26 1969 (SC)

Jindal Oil Mills and ors. and Vs. Godhra Electricity Co. Ltd.

Court : Supreme Court of India

Decided on : Feb-26-1969

Reported in : AIR1969SC1225; (1969)GLR1036(SC); (1969)1SCC781; [1969]3SCR836

..... levying the proposed increased charges were decreased by the trial court. those decrees were affirmed by the first appellate court as well as by a single judge of the gujarat high court in second appeals but the appellate bench of the gujarat high court reversed those decrees and dismissed the suits holding that under the supply act as amended in 1956 the respondent has a unilateral right to ..... enhance the charges subject to the conditions prescribed in the vi schedule to that act. it is as against those decisions ..... of reasonable return. the conclusion is therefore irresistible that the maxima prescribed by the state government which bound the licensee under the electricity act of 1910 no longer limited the amount which a licensee could charge after the supply act, 1948 came into force since the 'clear profit' and 'reasonable return' which determined the rate to be charged was to be computed ..... fans as well as of motive power.3. the facts leading to these appeals may now be stated. on november 19, 1922, the then government of bombay granted a licence under the indian electricity act, 1910 to a concern called lady sulochna chinubhui & co. authorising it to generate and supply electricity to the consumers in godhra area. clause 10 of the .....

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Dec 08 1969 (HC)

Roopchand Raghavji Phande and ors. Vs. Abhyankar and ors.

Court : Mumbai

Decided on : Dec-08-1969

Reported in : AIR1970Bom351

..... its dissolution for the purposes of assessment, reassessment or for imposing penalty under the bombay sales tax act, 1953. what is declared ultra vires by the. gujarat high court is only the legal fiction which the legislature wanted to create by describing allotment of ..... question of, assessment under a different statute. there is, therefore, a lacuna in the act, which was filled up later on by an amending act; but the said amending act, it is conceded, is not retrospective in operation.'with respect their lordships were quite right ..... was also liable to pay the purchase-tax in respect of purchases worth rs. 96,000/- made from the brihan maharashtra sugar syndicate, and this liability was admitted by the dealer who appeared for the firm before him, and the ..... further alleged in the petition that the sales tax officer, b-ii ward, had called upon the firm by his letter dated june 1, 1961 to produce its deed of dissolution on june 13, 1961, and accordingly the firm produced the ..... refund, set off, drawback or penalty related to any period before the appointed day on which the bombay sales tax act, 1959 came into force.33. it is patent that in using the words in section 19(3) viz. 'whether such tax (including any penalty ..... : [1961]41itr425(sc) .....'applying this rule of construction, the supreme court examined the east punjab general sales tax act, 1948, and the rules made thereunder and came to the conclusion that the act and the rules did not make any provision for assessment of a firm .....

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