 CHIEF JUSTICE MR. M. H. KANIA | |
| B.A. (Hons.), LL.B. | 1985-1987 |
| 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. | |