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Honourable
Mr. M. H. Kania was appointed as the Chief Justice of the Bombay High
Court on June 23, 1986. His Lordship was born on November 18, 1927
and was educated at the Fellowship High School, Bombay and St.
Xavier's High School, Bombay. His Lordship graduated from the
Elphinstone College and took his degree in law from the Government Law
College, Bombay, were he worked as a fellow in 1949-50. Career as an
advocate started with his enrollment on November 1, 1949. His Lordship
practiced mainly in civil suits and commercial matters in the Bombay
High Court and the Bombay City Civil Court. His Lordship was
appointed as Assistant Government Pleader for the State of Maharashtra
in the City Civil Court Bombay on December 5, 1964 and was appointed
Government Pleader, Bombay City Civil Court from January 16,1967 and
continued to work till November 3, 1969. His Lordship's career as a
Judge started on November 4, 1969 when he was appointed as Additional
Judge of the Bombay High Court and was confirmed on
November 2, 1971. His Lordship's first reportable judgment
appeared in 1970 -73 Bombay L. R. 397 where it had been laid down that
for the purpose of S. 11(b) of the Presidency-towns Insolvency
Act, 1909, a business which was carried on by the debtor within the
limits of the ordinary original civil jurisdiction of the Court, will
be deemed to be continued to be carried on until all the trade or
business liabilities have been discharged notwithstanding that there
might be no assets available for the discharge of the said
liabilities. The view continued to hold the field and on
December 6, 1985 a Division Bench had approved the said view. His
Lordship notable judgment in a criminal matter appeared in the
case of A.H. Satranjiwala v. The State (reported in 74 Bom.
L.R. 742) which lays down that under S. 561A of the Code of
Criminal Procedure or otherwise there is no inherent power in the High
Court to review or reconsider a previous judgment of the High Court in
a criminal matter except where the previous judgment was pronounced
without jurisdiction or in violation of the principles of natural
justice or, possible, in a case where it was obtained by an abuse
of the process of the Court.
His judgment in the field of company law is reported
in 88 Bom. L.R. 89 where he takes the view that until the declaration
of dividend is made by a company, no shareholder has a right to claim
a dividend from the company nor has the company any liability to pay
any dividend. His Lordship's several judgments on Income-tax
references and Sales-tax references equally reveal his insight and
close analysis of commercial law. These varied judgments on different
branches of law bespeak a mind quite familiar with commerce, trade and
industry and nurtured on the sound principles of law.His Lordship was
elevated as Judge, Supreme Court of India on 1st May,1987 and
was appointed as Chief Justice of India on 13th December, 1991 and
retired on 18th November, 1992.
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