Court : Mumbai
Decided on : Mar-14-2001
Reported in : 2001(4)ALLMR143; 2001(3)BomCR652
..... maharashtra act no. 24 of 1984 vide section 6(1). in our judgment, this brought about a sea change and makes a world of difference to the appellant's, case. relying on the non obstante clause, and the amendment carried out to clause 12 of the letters patent by this court and the non obstante clause in section (3) of the bombay city civil court act. 1948, this court ..... in nagin mansukhlal dagli case came to theconclusion that a suit falling within the contemplation of section 41 was exclusively triable by the small causes court and the high court on the original side ..... is that a petition under the arbitration act comes up before a single judge of the high court on its original side for purely fortuitous reasons. it happens in the city of mumbai on account of the original jurisdiction exercised by the high court under the letters patent. elsewhere, such jurisdiction is exercised by the principal civil court of original jurisdiction in a district. ..... should be determined :on the basis of the material produced in the arbitration proceedings and referred to clause 2(b) of the minutes of the order passed by the high court while making reference to arbitration. after appreciating evidence led by the appellant itself, with regard to different instances of sales in the local area, the learned arbitrator has .....Tag this Judgment!
Court : Mumbai
Decided on : May-02-2001
Reported in : AIR2001Bom470; 2001(3)ALLMR668; 2001(4)BomCR417; 2001(4)MhLj483
..... force of the 1976 amending act. this court rejected the contention by placing reliance on the amendment carried out to clause 12 of the letters patent of this court and section 3 of the bombay city civil court act, 1948. the bombay city civil court act, 1948 and the bombay high court letters patent act, 1948 were both brought into force simultaneously on 16th august 1948 by notification dated 14th august 1948. the cumulative effect of these two amendments was that the high court had no jurisdiction ..... the occupant, if aggrieved by the order of the court, to file a suit in the civil court. similarly, there was nothing in section 41 or in the letters patent which conferred exclusive jurisdiction on the small causes court.35. after its amendment in 1963, by maharashtra act xli of 1963, section 42a was added to the presidency small cause courts act, 1882. this section provides that if the occupier ..... also to be noticed that the expression 'permission' was not qualified as being supported by any material consideration. the 1963 amendment 12. in 1963, vide maharashtra amendment act. 1963 (maharashtra act xli of 1963), section 42a was added in chapter vii of the presidency small cause courts act, 1882. this laid down a procedure where the occupant contested an application made under section 41 by claiming to be .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-29-2001
Reported in : I(2002)ACC32; 2002ACJ32; 2001(5)ALD522; 2001(5)ALT154
..... state of uttar pradesh v. kaushailiya, : 4scr1002 , the division bench judgment of the bombay high court in lucy d 'souza 's case (supra), this court held that section 17(4) of the immoral traffic (prevention) act, 1956 (hereinafter called as 'itp act') which empowers the magistrate to send the rescued women to welfare homes cannot be said to violate articles 14 and 21 of the ..... them in vocational courses. we have no reason to differ from the ratio in p.n. swamy case (supra).60. in mx of bombay indian inhabitant v. m/s. z.y., : air1997bom406 , a division bench of the bombay high court was required to address a question as to whether it is permissible for the state under our constitution to condemn a person infected with ..... patients. though the bill did not propose to terminate employees and to send away students from the institutions; the bill was not passed. the state of karnataka and state of maharashtra have introduced bills in their legislative assemblies in 1999. these bills aimed at promoting social security through prevention and control of the spread of hiv infection and to provide for ..... . sinha, c.j.1. this is a writ petition taken up on the basis of a letter written by one suit. masaraboina vijaya wife of ailaiah, a resident of indiranagar, regional hospital area, godavarikhani, karimnagar district, addressed to the hon'ble chief justice of this court alleging that she was infected with dreadful disease of aids (acquired immune deficiency syndrome) on account .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-26-2001
Reported in : (2001)3GLR2415
..... 2051 of 1979. however, the constitution 42nd amendment act of 1976 made it impossible for the detenu to challenge the orders of detention on any of the grounds permissible under part iii of the constitution. it is stated that after the powers of the supreme court and the high courts were restored for examining the challenge against laws ..... rejected the petition (special civil application no. 3477 of 1996) on the ground that it was barred by the principles of constructive res judicata.5. the letters patent appeal no. 616 of 1997 arises out of special civil application no. 8429 of 1996 which was filed on similar grounds by the detenu's wife ..... under the s.a.f.e.m.a. in that case, the detenu had filed a petition which was pending in the bombay high court for challenging the detention order dated 22-9-1975 and the detenu died on 1-5-1976. on an incorrect statement made before the ..... a. is not invalid or void. it is not violative of clause (5) of article 22. (ii) the decision of the supreme court in sharadchandra ganesh muley v. state of maharashtra and ors., reported in jt 1995 (7) sc 317 was cited to point out that where the controversy was not raised earlier, the ..... on 19-12-1974 could not be pursued by him and could not be decided on merits by this honourable high court on account of the powers of the high court being taken away by the constitutional amendment made during the emergency in 1977 or thereabout, the petitioner again filed a petition being special civil application no. .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-24-2001
Reported in : 2001(4)AWC2688; (2001)3UPLBEC2373
..... united provinces high courts (amalgamation) order 1948 and rule 5 of chapter viii of the allahabad high court rules.21. in the case of shah babulal khimji v. jayaben d. kania and another : 1scr187 , although not cited by any of the parties appears to be relevant. what is judgment, under the letters patent has been considered, taking into account clause 15 of the letters patent of the bombay high court which ..... -fifth years of our region.' reference in the extracted portion aforesaid is to section 13 of the charter act. the said extracted portion was substituted by the words 'in pursuance of section one hundred and eighty of the government of india act, 1915' by the amended letters patent of march 11, 1919.13. paragraph 35 of the despatch from the secretary ofstate accompanying the former ..... that before jurisdiction over the subject-matter is exercised, the case must be legally brought before the concerned court for the hearing and determination and that a judgment pronounced by court without investment of jurisdiction is void.'10. in the case of state of maharashtra v. narayan : air1982sc1198 , the power of the chief justice has been clearly elaborated. the relevant portion of the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-02-2001
Reported in : 2001(6)ALD582; 2001(6)ALT433
..... at the nagpur bench of bombay high court to set aside the orders passed by the director-of social welfare and additional tribal commissioner, which invalidated the community certificate given to him as belonging to st. the high court allowed the writ petition holding that 'halba kosti' is sub-tribe of halba/halbi. aggrieved by the same, the state of maharashtra filed appeal before the supreme ..... to find whether the castes, races or tribes are parts of or groups within castes, races or tribes shall be scheduled castes for the purposes of the constitution. under the amendment act, 1976, again the parliament has included or excluded from schedules appended to the constitution which are now conclusive. schedule i relates to scheduled castes and scheduled ii relates to scheduled ..... issued by tahsildar, there was no necessity for the government to make provisional appointment in go. ms. no. 3, nor was it necessary for first respondent to address a letter to the government to regularize his appointment. therefore, there cannot be any doubt that the first respondent abandoned his claim based on the certificate issued by mro, salur, and appointment ..... to be enjoyed. in re p. shyam rao, 1984 (2) alt 386, a learned judge of this court (pa. choudhary, j) observed:where no innocent third party interests have crept in, and where nature of fraud or misrepresentation is so glaring and patent crying out for judicial correction, and where assignee himself was privy to the fraud, it become the duty .....Tag this Judgment!
Court : Mumbai
Decided on : May-03-2001
Reported in : AIR2002Bom371; 2002(2)ALLMR191; 2002(1)BomCR724; 2002(2)MhLj563
..... 1823. the supreme court of judicature at bombay was superseded by the high court of judicature at bombay, established by the letters patent of 1862. the letters patent of 1862 was superseded by letters patent of 1865 but as a result of the letters patent of 1865, the admiralty jurisdiction of this court remained the same as under the letters patent of 1862. in 1890, the british parliament passed the colonial courts of admiralty act providing that the ..... force on 24th june, 1993. the merchant shipping act was extensively amended by the merchant shipping (amendment) act, 1993, no. 68 of 1993 and it has come into force from 27th october, 1993- thus, act no. 68 of 1993 is a subsequent act enacted by the same legislature which enacted the d.r.t. act. by section 5 of the amending act, section 51 has been substituted. the original ..... corporationact, 1948, the state financial corporation act, 1951, the unit trust ofindia act, 1963, the industrial reconstruction bank of india act, 1984,and the sick industrial companies (special provisions) act, 1985.' it is to be seen that the present suit has been instituted by the bank in thiscourt pursuant to the jurisdiction conferred on this court by section 51 of themerchant shipping act which empowers a high court to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-05-2001
Reported in : 2001IXAD(SC)313; AIR2002SC143; (2002)4BOMLR714; 2002CriLJ226; 2002(1)Crimes31(SC); JT2001(9)SC605; 2001(8)SCALE36; (2001)10SCC109
..... by holding that a police officer recording the confession under section 15 is really not bound to follow any other procedure and the rules or the gridlines framed by the bombay high court for recording the confession by a magistrate under section 164 cr.p.c.; the said guidelines do not by themselves apply to recording of a confession under section 15 of ..... by militancy, a 'terrorist' is projected as a hero by his group and often even by the misguided youth...'44. similarly, in girdhari parmanand vadhava vs . state of maharashtra : (1996)11scc179 this court observed that if an innocent boy is killed only because the demand for reason amount was not met by the family members, such killing cannot but send a shockwave ..... pieces of bullets which were retrieved from the body of the deceased police constable k.g. bhanawat were sent to the forensic laboratory by the police surgeon under a covering letter ex. 97. ex. 145 is the post mortem notes of the dead body of shailesh haldankar. in the chemical analyst's report, ex.147, the bullet retrieved from the right ..... on the expiry of 20 years under the punjab jail manual or the rules framed under the prisons act the matter is no longer res integra and stands concluded by a decision of this court in gopal vinayak godse v. state of maharashtra : 1961crilj736a , where the court, following a decision of the privy counsel in pandit kishori lal v. king emperor observed as follows .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-31-2001
Reported in : AIR2002Bom203; 2002(1)ALLMR1021; 113CompCas502(Bom); 2002(1)MhLj581
..... him or to assign or transfer in any other manner his interest therein and after the date of commencement of the bombay rests, hotel and lodging house rates control (amendment) act, 1973, for any tenant to give on licence the whole or part of such premises:provided that the state ..... landlord, that the court may consider these aspects of the matter while deciding letters patent appeal no. 125 of 1993.17. taking up the first contention of dr. naik, it is not disputed by him that, as a general rule, the right of statutory tenant under the rent act is not capable ..... must be rejected.26. the reliance of ms. anklesaria on the judgment of the supreme court in ravindra ishwardas sethna and anr. v. official liquidator, high court, bombay and anr., : 3scr657 , is fully justified. the supreme court held in this case that when a company is being wound up and the liquidator ..... by an order made under order 38 of the civil procedure code or its equivalent under the maharashtra co-operative societies act, 1960. dr. naik invited our attention to the application for interim relief made to the co-operative court. this application sought three interim reliefs: (i) attachment before judgment; (ii) appointment ..... (1) of section 15 of the rent act, the state government has issued a notification dated 21st september 1948, the relevant portion of which reads as under:--'the government of bombay has permitted in all areas to which pan d of this act extends all transfers and assignments by lessees of .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-20-2001
Reported in : 2002CriLJ1164
..... compliance of the directions of this court, it is considered that necessary administrative enquiry be conducted against the presiding officers who are responsible for not complying with the directions of this court and for that purpose, the matter be placed before the honourable the chief justice of bombay high court for further necessary action deemed fit ..... speedy trial has been denied to the applicant and the proceedings against the applicant be quashed. he also relied upon r. mahadevan iyer v. state of maharashtra 1992 cri lj 138, mansukhlal vithaldas chauhan v. state of gujarat air 1997 3400: 1997 cri lj 405 and k.k. bharadwaj v. union of ..... same idea has been stated by whitel, j. in u.s. v. ewell 1966 (15) law ed 627 in the following words :.the sixty amendment right to a speedy trial is necessarily relative, is consistent with delays, and has orderly expedition, rather than more speed, as its essential ingredients; and ..... for enabling the state government to appoint a public prosecutor to that office.(iv) every high court is to remind the trial judges through a circular of the need to comply with section 309 of the code in letter and spirit and to take note of the conduct of any particular trial judge who violates ..... 467, 468, 471, 120b of the indian penal code and section 5(2) read with section 5(1) (c) of the prevention of corruption act, 1947. the first information report in this case was registered on 31-12-1983 and the special case no. 46 of 1985 in connection with the .....Tag this Judgment!