Court : Mumbai
Decided on : Sep-13-1972
Reported in : AIR1973Bom231; (1974)76BOMLR92; 1973MhLJ424
..... determining the compensation for survey number 2. in our view, the proper method of determining compensation in respect of such a land situated within the municipal limits in a place where there is scarcity is surrounded by residential localities would be to find out how many residential plots of a reasonable ..... a good guide for determining the compensation. it cannot be forgotten that survey number 2, which is the land in question, is situated within the municipal limits of paused. on 2 sides it is surrounded by residential buildings occupied by well-to-do people. there appeals to be a scarcity of ..... were supported by the evidence of dattatraya sarnaik (n.a.w.2) who had also purchased land from survey no. 111 for being used by municipal employees for residence and developing it. the learned judge found that if the plots were laid out in the acquired land there would be good customers ..... survey no.2, which was the acquired land, and survey no. 112 could not be compared and that s. no. 112 was purchased by the municipality to provide residence for labour class and its employees and this was done with a benevolent purpose. this transaction, according to the learned judge, could ..... and the question was whether this was sufficient for the purposes of section 5 of the limitation act and whether the delay could be condoned. in that case the delay had occurred, according to the punjab university on account of the mistake of its counsel in computing limitation, because, according to the counsel .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-12-1972
Reported in : 1973CriLJ1848
..... applicable as in that case it was within the power of the landlord to get supply or water restored by payment of tax arrears to the municipality. their lordships then observed :in the case before us, it has not been established that it was within the power of the appellant, to ..... doubtful whether, before the second explanation was inserted into the section, as aforesaid, in 1953, the cutting off of the water supply by the municipality, or the omission of the landlord to take steps to have the connection restored, would have come within the mischief of the penal section.the ..... :-supposing the second explanation was not there, could the prosecution attribute the cutting off the connection by the municipality and the subsequent refusal of the landlord to get the connection restored, as an act or omission of the landlord within the meaning of section 24 (1) ?in my opinion, these observations ..... is para 1259 page 582 from halsbury's laws of england vol. 23, third edition, which was brought to my notice. judgment of cozens - hardy m. r. (1911) 1 kb 905, (kurcott v. wakely & wheeler) and that of darilng j. in (1920) 2 k. b. 256, (redmond v. dainton) and judgment of ..... in which mr. andhyaruina suggests, it is not understandable how the phraseology (1) 'landlord either himself' and (2) 'or through any person acting or purporting to act on his behalf' would fit in with such interpretation. this entire phraseology would be rendered redundant and meaningless. the contention of the learned counsel .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-14-1972
Reported in : AIR1974Bom118; (1973)75BOMLR710; ILR1974Bom281
..... deed was attacked as benami, sham, bogus and without any consideration. it was further alleged that there was specific agreement that it was not to be acted upon. it was claimed that despite the sale deed the plaintiffs continued to remain in possession of the suit land but during their absence for about six ..... bombay agricultural debtors' relief act?'6. the trial court directed these two issued (issues nos. 2 and 3) to be tried as preliminary issues and on considering material placed before it held ..... para 2-a of the plaint. these two issues were as follows : -'2. do plaintiffs prove that they were debtors under the bombay agricultural debtors' relief act at the time of suit sale-deed? 3. if yes, do they further prove that the suit sale-deed is void in view of the provisions of the ..... relied on a number of decisions of the supreme court in this connection commencing with its judgment in state of punjab v. nathu ram, : 2scr636 .9. in nathu rama's case the state of punjab had preferred an appeal to the high court against a joint award made in favour of two brothers labhu ram ..... in favour of feshmabai was also hit by the provisions of section 40 of the bombay agricultural debtor's relief act, 1947 as the two plaintiffs were then parties to a proceeding under the said act and as the sale of the suit land was effected without the previous sanction of the collector or the court. .....Tag this Judgment!