Court : Mumbai
Decided on : Sep-17-1998
Reported in : 1998(4)ALLMR403; 1999(1)BomCR49; 1998(3)MhLj542
..... quashing the order dated 17th august, 1984 passed by the maharashtra revenue tribunal affirming the order passed by the collector, sindhudurg on 8th september, 1982.2. the petitioner made an application before the tahsildar and agricultural land tribunal, deogad under section 32-g of the bombay tenancy and agricultural lands act, 1948 (for short 'bombay tenancy act') praying that the petitioner be declared as deemed purchaser ..... default of payment in time of the price in lump sum or in instalment, but the tenant purchaser has nevertheless continued in possession at .the commencement of the bombay tenancy and agricultural lands (amendment) act, 1964 then the purchase of the land shall not be deemed to be ineffective, until the tribunal fails to recover the amount of the purchase price under sub ..... act. the tahsildar acted without jurisdiction in declaring the certificate issued in favour of respondent no. 1 as nullity and grossly erred in declaring the petitioner as deemed purchaser on the face of the certificate issued under section 32-m in favour of respondent no. 1. the said order passed by the tahsildar being patently erroneous has rightly been setaside by the collector .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-07-1998
Reported in : JT1998(1)SC18a; 1998(1)SCALE34; (1998)2SCC242; 1SCR4; 1998(1)LC368(SC); (1998)1UPLBEC345
..... /s. sushma fabrics pvt. ltd., v. union of india & another, (1991) lab. i.c. 1946 bom. by a learned single judge of the bombay high court. it was stated that in some cases there could be serious prejudice on account of abnormal delay in taking proceedings under section 14-b, either because the records ..... commissioner, dhanbad & other v. j. lala & sons, : (1976)iillj91sc , interpreting section 10f of the coal mines provident fund and bonus scheme act, 1948, it was stated by this court that by the use of the words 'may levy damages', in case of default in payment of contribution and the words 'as it may think fit ..... which no period is prescribed were be exercised within reasonable time, the order in that case was not liable to be struck down not only because in maharashtra there were 22. 189 establishments in 1985 - which made if difficult to monitor delays - but also because the monies must have been used (by the ..... by way of penalty such damages, not exceeding the amount of arrears, as may be specified in the scheme. the section itself, after the 1973 amendment, now provides that before levying and recovering damages, the employer shall be given a reasonable opportunity of being heard. the scheme referred to in section 14 ..... the case on 1.5.79 and 3.7.79 and finally filed a reply on 5.2.80 raising various contentions. a copy of the letter dated 23.10.1979 from the bank giving details was also enclosed. after referring to various contentions and rejecting some of them, the regional provident .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-17-1998
Reported in : 1998(3)ALLMR729; 1998(4)BomCR710; (1998)2BOMLR5; 101CompCas343(Bom)
..... act seeking directions for the convening and holding of the 12th and 13th annual general meeting of bedrock. by an order dated 14th may, 1993, the company law board directed that the 12th and 13th annual general meeting of bedrock be convened separately under the chairmanship of mr. t.d. sugla, a retired judge of the bombay high court ..... the applicant company recruited diverse personnel for its operations in the southern india and western india regions, viz. the states of gujarat, maharashtra, tamil nadu, karnataka, kerala and a.p. apart from having a managerial team the work force exceeds 100 employees and the applicant ..... singh, j., observed as follows :'7. the high court in our view fell into patent error. the short question before the high court was whether in the facts and circumstances of this case jagannath obtained the preliminary decree by playing fraud on the court. the high court, however went haywire and made observations which are ..... to defeat the decree which has been passed against it. it is further submitted that there is deliberate misstatement in the amended scheme about the value of the claim of mssidc. it is further submitted that the petitioners have deliberately included their family ..... was a separate class and should have been excluded from the meeting of outside shareholders. although section 206 of the 1948 act provides that the court may order meetings, it is the responsibility of the applicants to see that the class meeting are properlyconstituted and if they .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-16-1998
Reported in : 1999(1)KarLJ116
..... the property of the insolvent by a court or receiver or the collector acting under section 60 made before the commencement of the provincial insolvency (amendment) act, 1948, which has been the subject of a final decision by a competent court:provided further that the property of the ..... protection and preservation of the rule of law. technicalities of law cannot be permitted to obstruct the course of justice. various high courts in the country have held that when a writ is sought on the ground of violation of fundamental right, the breach ..... the bangalore development authority directly and after complying all the formalities as required by the bangalore development authority, were issued allotment letters of which the society is not aware, not being in position of any allotment orders. the members who are alleged to ..... prevention of corruption act, 1988;karnataka municipal corporation act, 1976;housing act, 1957 - section 105(1);civil procedure code, 1908 - section 60(1) - order 33, rule 1;presidency towns insolvency act, 1909;presidency towns of bombay, calcutta and madras and the provincial insolvency act, 1920;provincial insolvency (karnataka, extension and amendment) act, 1962;provincial insolvency act, 1920 - ..... it is satisfactorily explained or where lack of jurisdiction or the illegality complained of is patent or where the litigant is shown to have been prevented from approaching the court on account of the promises made, assurances given and hopes assured. the delay would .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-10-1998
Reported in : AIR1999SC2319; [1999(81)FLR517]; JT1998(9)SC57; (1999)ILLJ348SC; 1998(6)SCALE557; (1999)2SCC53; Supp3SCR479; 1999(1)LC585(SC)
..... decided against the respondents. the respondents carried the matter in a writ petition before the bombay high court. a learned single judge after hearing the parties confirmed the decision of the tribunal and that is how the respondents carried the matter under letters patent before the division bench of the high court. the division bench took the view that the disputed items which were deducted by ..... electricity board by grant of special leave has brought in challenge the decision rendered by the division bench of bombay high court by which an order of remand was passed directing the tribunal functioning under the industrial tribunal, maharashtra, bombay to recompute the allocable surplus for deciding whether the workmen under the appellant-board were entitled to more than (sic) 4 per cent bonus ..... single judge. however, as the said contention has a direct linkage with the computation of allocable surplus during the relevant accounting years for which the proceedings are remanded by the high court, we deem it fit to consider this contention on merits.10. in order to appreciate this contention of learned senior counsel appearing for the appellant-board, shri dholakia we ..... the remanded proceedings it would be necessary to narrate a few introductory facts. the appellant-board is a statutory undertaking as defined in section 5 of the electricity (supply) act, 1948. it is employing in connection with its statutory functions a number of workmen. it is not in dispute that payment of bonus .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-17-1998
Reported in : AIR1998SC1895; 1998(2)BLJR1497; (1998)2GLR1711; JT1998(3)SC184; 1998(2)SCALE745; (1998)4SCC409; 2SCR795; (1998)2UPLBEC1320; 1995IBR118
..... between one letters patent high court and another though it did distinguish between the letters patent high courts and the chief courts. the doubt, as a result of conflict of judicial opinion, whether the high court could punish for contempt of a court subordinate to it, was removed by enactment of section 2 of the act (supra). the contempt of courts act, 1926 was replaced by the contempt of courts act, 1952. the 1952 act made ..... been expressly provided for in statute dealing expressly with the subject.49. in bonkya @ b.s. mane & ors. v. state of maharashtra, : 1996crilj414 , a bench of this court observed:'the amplitude of powers available to this court under article 142 of the constitution of india is normally speaking not conditioned by any statutory provision but it cannot be lost sight of ..... committee came to be known as sanyal committee and it was required:(i) to examine the law relating to contempt of courts generally, and in particular, the law relating to the procedure for the punishment thereof:(ii) to suggest amendments therein with a view to clarifying and reforming the law wherever necessary; and(iii) to make recommendations, for codification of ..... conflict between art. 142(2) and art. 32. in the case of k.m. nanavati v. the state of bombay, : 1961crilj173 , on which the solicitor-general relies, it was conceded, and rightly, that under art. 142(1) this court had the power to grant bail in cases brought before it, and so, there was obviously a conflict between the power .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-09-1998
Reported in : 1998IAD(SC)301; AIR1998SC668; 1998(97)ELT388(SC); JT1998(1)SC66; (1998)IIMLJ2(SC); 1998(1)SCALE58; (1998)8SCC250; 1SCR63; 109STC376(SC)
..... , which stated that notification no. 284/82 dated 30th november, 1982 was placed for sale to the public on 8th december, 1982. the tribunal relying upon the said letter and the decision of the bombay high court in g.t.c. industries limited v. union of india, : 1988(33)elt83(bom) held that publication as contemplated by section 38 of the central excise and ..... manufacturing cigarettes. since 1979, it used to pay duty on cigarettes manufactured by it at the rate fixed by central excise notification no. 30/79 dated 1st march, 1979, as amended from time to time. it was rescinded with effect from 30th november, 1982 by notification no. 284/82-c dated 30th november, 1982, which prescribed new rates of excise duty ..... an opportunity to the appellant company to produce evidence in that behalf and also to decide thereafter the question of refund in accordance with section 11b of the central excise act.civil appeal no. 10001 of 1995 is dismissed.19. civil appeal no. 5423 of 1993 is partly allowed. the impugned judgment of the tribunal is set aside and the case ..... being in this way. promulgation or publication of some reasonable sort is essential.' taking this view this court held that a resolution of the council of ministers in the jaipur state without publication was not sufficient to make the law operative.6. in state of maharashtra v. mayer hans george, : 1scr123 , what had happened was that a german smuggler left zurich .....Tag this Judgment!
Court : Kerala
Decided on : Dec-10-1998
Reported in : 97CompCas216(Ker)
..... section 299 of the companies act. but the learned judge has not stated the specific provision by which the company court can grant such a relief. in vitthalrao narayanrao patil v. maharashtra state seeds corporation ltd. : 1990(1)bomcr60 , a learned judge of the bombay high court also held that a director could not file a civil suit challenging a letter from the managing director ..... to the effect that he had ceased to be a director. the learned judge placed reliance on the decision of the calcutta high court noted above, and ..... held that under section 10 of the companies act essentially, it is the ..... order as it thinks fit.'19. the provisions in sections 397 and 398 were first introduced in the indian companies act, 1913, as section 153c by the amendment act lii of 1951, following the enactment of section 210 of the english companies act, 1948. section 397 provides against oppression of minority shareholders and section 398 provides for relief against mismanagement. the scope and .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-30-1998
Reported in : (1998)3CALLT348(HC)
..... 98(3) and in-relation to the decision of the division bench of the high courts dealing with petition under articles 226 and 228 of the constitution. the apex court held that despite order 47 rule 6 of the code of civil procedure, in view of the letters patent of the bombay high court in a case of difference of opinion between two judges hearing a review application ..... .singh, j. speaking for the division bench held that the provisions of code of civil procedures were not applicable even before coming into force of 1976 amendment act in view of the decision of the apex court in babubhai v. nandlal reported in : 2scr71 and held:--'if because of the explanation, proceeding under article 226 of the constitution has been excluded, there ..... in the unquestioned domain of the chief justice, the only condition being that he must act with ..... fall for consideration in the case.'62. the same view was reiterated by the apex court in state of maharashtra v. warayan samrao puranik & ors. reported in : air1982sc1198 , in the following words:--'in contrast, the power to appoint the sittings of the judges and division courts of the high court for a new state at places other than the place of the principal seat, is .....Tag this Judgment!
Court : Kolkata
Decided on : May-14-1998
Reported in : (1998)2CALLT351(HC),97CompCas451(Cal)
..... the transfer of any proceedings pending before the family court to any of the competent civil courts subordinate to the high court and from one family court to another.17. mr. mukherjee lastly referred to a full bench decision of the bombay high court in the case of shripatrao dajisaheb ghatge v. the state of maharashtra, reported in air 1977 bombay, page 389, wherein amongst other things, the ..... full bench was considering the extent of the high court's power of judicial superintendence. it was observed that the high court's powers of judicial superintendence covers judgments of all ..... of civil procedure (alp 14/95-- chatterjee brothers & others v. united bank of india and various other matters). considering the provisions of the 1993 act in relation to clause 13 of the letters patent read with section 24 of the code of civil procedure, the learned judge concluded that he had no authority to transfer any proceeding pending before the debts ..... reported in : air1972all249 , where having regard to the provisions of sub-section (1-a) of section 4 of the u.p. civil laws amendment act, 1970. it was held that since the powers of the high court were excluded in respect of appeals pending before it which were valued between ten and twenty thousand rupees and were to be transferred to the .....Tag this Judgment!