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Judgment Search Results Home > Cases Phrase: rationale Court: mumbai Year: 1970 Page 1 of about 12 results (0.009 seconds)

Jul 17 1970 (HC)

Chhotabhai Purushottam Patel, Beedi Manufacturers of Bhandara and ors. ...

Court : Mumbai

Decided on : Jul-17-1970

Reported in : (1972)ILLJ130Bom

..... 2 1/2 to 3 per cent. the contractors, we assume, have long experience of this industry and they know what is sub-standard beedi. we do not find such rationale for the full 5 per cent chhat. if the experience collected as any guide, the outer limit of 5 per cent appears to be fairly reasonable limit and we do .....

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Jul 17 1970 (HC)

Chhotabhai Purushottam Patel and ors. Vs. the State of Maharashtra by ...

Court : Mumbai

Decided on : Jul-17-1970

Reported in : AIR1971Bom244; 1971LabIC1080; 1971MhLJ413

..... 1/2 to 3 per cent. the contractors, we assume, have long experience of this industry and they know what is a sub-standard beedi. we do not find much rationale for the full 5 per cent chhat. if the experience collected is any guide, the only limit of 5 per cent appears to be a fairly reasonable limit and we .....

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Feb 27 1970 (HC)

Bhika Poona Kanpate Vs. the Civil Judge, Junior Division, Gondia and o ...

Court : Mumbai

Decided on : Feb-27-1970

Reported in : AIR1971Bom277; (1971)73BOMLR352; ILR1971Bom654; 1970MhLJ648

..... be in a position to exercise the right of challenging the validity of the election under section 15 of the act. that, according to mr. madkholkar, appears to be a rationale of framing rule 36. he says that the publication of the results in the village takes place on two different occasions. the first occasion is provided by rule 36 when .....

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Sep 22 1970 (HC)

Mangharam Chuharmal Vs. B.C. Patel and ors.

Court : Mumbai

Decided on : Sep-22-1970

Reported in : AIR1972Bom46; (1971)73BOMLR140; ILR1972Bom30; 1971MhLJ369

1. these four petitions are filed by the 15 petitioners the alleged sub - tenants of defendant no. 1 who are aggrieved by the order of ejectment passed against them by the appellate bench of the court of small causes. as common questions of fact and law are involved in these petitions, i propose to dispose them of by one common judgment. the proceedings arise out of the ejectment suit filed by the respondents against defendant no. 1 and the petitioners.2. a few facts leading to this litigation are as follows : the suit property comprises of an open plot of land measuring about 1050 square years situate at mahul road, chembur, greater bombay. the respondents are the owners of this plot. in february 1954 respondent no. 1 let out the said open plot of land to defendant no. 1 shaikh hassan shaikh razack for his char - coal business. the agreed rent per month was rs. 100/- and it is said that the lease was for a period of three years. no written document evidencing the lease is placed on the record of these proceedings. but it is admitted that the said lease was in the first instance for a period of 3 years. the rent of rs. 100/- per month was subsequently reduced to rs. 80/- per month as a result of proceedings between the parties. it appears that shaikh razack put up shop structures on the open plot of land in or about the month of august 1954 and let out the said structures to various sub - tenants. on 25-2-1957 respondent no. 1 gave a notice to quit to razack and on the basis .....

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Oct 14 1970 (HC)

Bapusaheb Bhausaheb Patil and anr. Vs. Gangabai and ors.

Court : Mumbai

Decided on : Oct-14-1970

Reported in : AIR1972Bom16; (1971)73BOMLR407

1. this is an appeal by the plaintiffs whose suit for possession has been dismissed by the learned joint civil judge senior division, kolhapur. the suit was for the recovery of possession of some agricultural lands and a house in village shrati in kolhapur district. the lands are about 35 acres in extent and are assessed to land revenue of rs. 211-5-9.2. the plaintiffs and defendant no. 1 are the daughters of one appa alias jingonda and their mother's name was hirabai. appa was the only son of one devgonda. devgonda had a brother named jingonda, who appears to have been deaf and dumb. defendants nos. 2 to 6 are the grand-sons of this jingonda, being the sons of nemgonda alias balgonda.3. jingonda died sometime before devgonda leaving behind him his son, nemgonda alias balgonda. in about 1902 devgonda and his son appa went on a pilgrimage. when they were on the pilgrimage devgonda died first in 1902 and appa soon thereafter. so, devgonda's branch in 1902 consisted of appa's widow hirabai and her three daughters viz., the plaintiffs and defendant no. 1. it appears that the two brothers devgonda and jingonda were members of a hindu joint family and it can, therefore, be said that after the death of devgonda, jingonda and appa, the only male member of hindu joint family was nemgonda alias balgonda. all the properties of the family, many of which had been acquired by devgonda, were in the possession of devgonda's branch, and, naturally, on death of devgonda and appa in 1902, .....

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Aug 08 1970 (HC)

Ramcharan RamdIn Ahir Vs. Resident Deputy Collector with Rent Control ...

Court : Mumbai

Decided on : Aug-08-1970

Reported in : AIR1971Bom203; 1970MhLJ975

order1. this petition raises an important question regarding the validity of clause 13(3)(vi) of the central provinces and berar letting of houses and rent control order, 1949. this order has been made by the state government in exercise of the power conferred upon it by section 2 of the central provinces and berar regulation of letting of accommodation act, 1946 (no. xi of 1946). section 2 of the said act provides as under-'the state government may by general or special order which shall extend to such areas as the state government, may by notification direct, provide for regulating the letting and sub-letting of any accommodation or class of accommodation whether residential or non-residential, whether furnished or unfurnished and whether with or without board, and in particular- (a) for controlling the rents for such accommodation either generally or when let to specified persons or classes of persons or in specified circumstances; (b) for preventing the eviction of tenants or sub-tenants from such accommodation in specified circumstances; (c) for requiring such accommodation to be let either generally, or to specified persons or classes of persons, or in specified circumstances; and (d) for collecting any information or statistics with a view to regulating any of the aforesaid matters.' the circumstances in which this petition arises are these:the respondent no. 3 is the owner of house no. 1 in ward no. 3 at digras, taluq darwha in yeotmal district and the petitioner has .....

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Jan 14 1970 (HC)

State Vs. Sindhi Dalwai

Court : Mumbai

Decided on : Jan-14-1970

Reported in : (1970)72BOMLR396

palekar, j.1. when the above confirmation case was called on for hearing before us, mr. mengde, senior advocate, appearing on behalf of the accused, made an application to the court requesting that the accused, raman, be medically examined by a competent board of psychiatrists in order to determine the present state of his mind.2. it will be necessary to state a few facts to understand the background of this application. in the months of july and august 1968, there was a spate of murders in the western suburbs of greater bombay. offences were duly registered in the respective police stations but the murderer was never found. however, having regard to certain common peculiarities in these murders, superior police authorities suspected, on the basis of the records, the present accused as the murderer. the police were put on his trail, but since the accused had no fixed place of residence and his movements and operations were restricted to nights, the police were unable to catch him. on august 25, 1968, one manjulabai dalvi of kandivli was contacted at about 11 a.m. she was able to give the police information about the dress that he was wearing at the time. this information was flashed to all the police stations in greater bombay and the whole police force was alerted to be on the look-out for a person of that description. on the night of the same day, i. e., august 25, 1968, there were two more murders in the area. the murdered persons were lalchand and dular who were the .....

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Oct 15 1970 (HC)

Jayantilal Kalidas Mehta Vs. the State of Maharashtra

Court : Mumbai

Decided on : Oct-15-1970

Reported in : (1972)74BOMLR391

chitale, j.1. criminal revision application no. 687 of 1970 is preferred by accused no. 1 jayantilal kalidas mehta, and accused no. 2, bharatkumar jayantilal, against the order passed by the learned presidency magistrate, 28th court, esplanade, greater bombay, on june 30, 1970, pro proceeding to frame charges against the two accused.2. on march 27, 1968, the assistant collector of customs, new customs house, bombay, lodged the complaint, out of which this revision application arises, in the court of the magistrate mentioned above against the two accused and one more person, alleging offences under section 120-b, indian penal code, section 135 of the customs act, 1962, section 5 of the imports and exports (control) act, 1947, section 23 of the foreign exchange regulation act, 1947 and section 417, indian penal code. subsequently, on july 6, 1968, another complaint was filed against the same persons by the director of enforcement alleging offences under sections 23 and 23b of the foreign exchange regulation act, 1947. as the same set of facts gave rise to the two complaints, they were amalgamated and numbered as criminal case no. 59/cw of 1968. thereafter some evidence led by the assistant collector of customs was recorded. on november 27, 1969 the prosecution submitted that on the evidence led, it had made out a prima facie case and requested the court to frame charges, conceding, however, that in view of the supreme court decision in rayala corporation v. director of .....

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Feb 06 1970 (HC)

Bhaskar Narayan Hardikar and anr. Vs. S.G. Daithankar and ors.

Court : Mumbai

Decided on : Feb-06-1970

Reported in : AIR1971Bom188; (1971)73BOMLR851; 1970MhLJ953

padhye, j.1. in a general election held on 3-6-1967, 22 councillors were elected to the municipal council, bhandara. in the first meeting held thereafter on 2-7-1967 the petitioner no. 1 bhaskar was elected as the president of the municipal council and one fattu meshram was elected as the vice-president two persons were co-opted to the council and thus the total number of the councillors in the bhandara municipal council was 24 after the co-option of the two councillors. the vice-president fattu meshram died on 18-1-1969 and his seat as an elected councillor became vacant with the result that on his death the council actually consisted of 21 elected councillors and two co-opted councillors though the normal strength of the council was 22 elected councillors and two co-opted councillors. 2. on 24-1-1969, 11 members of the said council gave a requisition to the collector for convening a meeting to pass a resolution to remove the president of the council, the petitioner no. 1. accordingly, the collector by notice dated 27-1-1969 contended a meeting of the councillors for 1-2-1969 to consider the resolution for removing the president. the meeting was held on 1-2-1969 as scheduled at which 14 councillors which included one co-opted councillor were present. some points of order were raised in the said meeting but they were over-ruled, with the result that out of the 14 councillors two councillors walked out leaving only 11 elected councillors and one co-opted councillor. the .....

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Sep 11 1970 (HC)

Shrirang Ganapati Pandit Vs. the State of Maharashtra and ors.

Court : Mumbai

Decided on : Sep-11-1970

Reported in : AIR1972Bom242; ILR1971Bom1006

vaidya, j. 1. in this petition under art. 226 of the constitution of india, the validity of rr. 1 [n. b. 1 (c) 2] 2, 4 (c) and (d) of the rules framed by the government of maharashtra for admission to government medical colleges is challenged by the petitioner, who sought admission in b. j. medical college in poona and was refused admission following the said rules.2.the rules are framed by the government for admission to all the government medical colleges in the state for the academic year 1970 - 71. the rules are annexed to the petition as exhibit a. rule 1 in substance, lays down that a candidate for admission must submit an application in writing upon a prescribed form to the authorities mentioned therein. the students of the different universities are directed to forward applications to the authority mentioned against the university concerned as follows :authority to whom application should be forwarded. the dean, grant medical college, byculla, bombay 8. the dean, b. j. medical college, poona. the dean, medical college, nagpur. the dean, medical college, aurangabad. the principal, miraj medical college, miraj. 'n. b. 1 (c) : although the seats at the miraj medical college and b. j. medical college, poona, are pooled together and distributed between the two colleges in the proportion of the number of students registered for pre - professional examination (medical) at the poona university and the shivaji university, kolhapur, vide rule 2, the students of the shivaji .....

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