Court : Mumbai
..... the local authority or any other competent authority. 36. section 24 of the bombay rent act and section 29 of the maharashtra rent act are identically worded. section 29 of the maharashtra rent act reads as under: 29. landlord not to cut-off or withhold essential supply or service. (1) no landlord, either himself or through any person acting or purporting to act on his behalf, shall, without just or sufficient cause ..... before the date so specified, shall, for each day during which the default continues thereafter, be liable upon further directions by the court to that effect, to fine which may extend to one hundred rupees. (5) any landlord, who contravenes, the provisions of sub-section (1), shall, on conviction, be punishable with imprisonment for a term which may extend to three ..... the order. (4) the manager who fails to restore the supply or service before the date so specified, shall for each day during which the default continues thereafter, be liable upon a further direction by the court to that effect, to fine which may extend to one hundred rupees. (5) notwithstanding anything contained in any law for the time ..... cannot be granted. 32. the learned single judge prima facie recorded that the applicants did not make out a case for urgent ad-interim reliefs. it was further recorded that the termination has been effected already and in such circumstances, the applicants do not have any interest in the property but they were only to be provided facilities and post-termination, the .....Tag this Judgment!
Court : Mumbai
..... the local authority or any other competent authority. 36. section 24 of the bombay rent act and section 29 of the maharashtra rent act are identically worded. section 29 of the maharashtra rent act reads as under: ??29. landlord not to cut-off or withhold essential supply or service. (1) no landlord, either himself or through any person acting or purporting to act on his behalf, shall, without just or sufficient ..... before the date so specified, shall, for each day during which the default continues thereafter, be liable upon further directions by the court to that effect, to fine which may extend to one hundred rupees. (5) any landlord, who contravenes, the provisions of sub-section (1), shall, on conviction, be punishable with imprisonment for a term which may extend to three ..... the order. (4) the manager who fails to restore the supply or service before the date so specified, shall for each day during which the default continues thereafter, be liable upon a further direction by the court to that effect, to fine which may extend to one hundred rupees. (5) notwithstanding anything contained in any law for the time ..... cannot be granted. ? 32. the learned single judge prima facie recorded that the applicants did not make out a case for urgent ad-interim reliefs. it was further recorded that the termination has been effected already and in such circumstances, the applicants do not have any interest in the property but they were only to be provided facilities and post-termination, the .....Tag this Judgment!
Court : Mumbai
Reported in : 2005(1)ALLMR838; (2005)107BOMLR48
..... out of loans taken from more than one creditor.'the word 'loan' is not defined under the provisions of the maharashtra debt relief act but, the word 'norm' is defined under the bombay money lenders act, 1946. the word 'loan' under the provisions of section 2(a) of the act. the said definition in section has exclusion to the clause and it provided under sub-clause (g) and that except ..... ; and the consequences as hereinafter set forth shall, with effect from the appointed day, ensue namely ;(a) no such debt due from a debtor on the appointed day shall be recoverable from him or from or against any moveable or immovable property be liable to be attached and sold or proceeded against in any manner in the execution of any decree or order ..... was also the erstwhile partners of the said firm purchased the said property. the said auction was confirmed on 22nd august, 1962. the petitioners before this court are the legal heirs and representatives of the said deceased chiranjilal bhurmal.7. subsequent to the confirmation of the said auction proceedings were taken out for annulling the auction on the ground that the ..... further advances of the sum of rs. 200/- and rs, 310/- namely on 29th december, 1949 and 3rd january, 1950 from pratapmal. a further sum was also taken of rs. 1,832.11.0 ultimately, there was a total outstanding in 1950 in favour of pratapmal raghunath as due and payable by mangilal biyani was sum of rs. 15.000/-.6 .....Tag this Judgment!
Court : Mumbai Aurangabad
..... for an injunction seeking to specifically enforce the agreement. such an injunction is statutorily prohibited with respect of a contract, which is determinable in nature. the application being under the provisions of section 9(ii)(e) of the arbitration and conciliation act, relief was not granted in view of section 14(i)(c) read with section 41 of the specific relief act. it was rightly held that other clauses of ..... authorised to collect toll till 04.11.2015. however, it was stopped arbitrarily without giving any opportunity. the said act on the part of government of maharashtra, was challenged by the applicant by filing petition before the honble high court of judicature at bombay, bench at aurangabad, vide writ petition no. 9622 of 2012. the honble high court vide order dt. 16.01 ..... .2013 was pleased to pass order in writ petition no. 9622 of 2012 as under :- ??the parties i.e. petitioner and respondent .....Tag this Judgment!
Court : Chennai
Reported in : 2008(4)ARBLR355(Madras)
..... nature came up for consideration in the decision in durga ram prasad v. government of andhra pradesh (supra). he also referred to the decisions in bombay housing board (now the maharashtra housing board) v. karbhase naik & co. sholapur (supra); ramachandra reddy & co. v. state of andhra pradesh and ors. (supra); and ..... the field and chosen by the parties to the proceedings. as such, i do not find any illegality in the award granted by the body of experts demanding interference under any of the clauses under section 34(2) of the arbitration and conciliation act, 1996.81. claim no. 26 alone calls for interference. ..... engineer. his decision shall be final and binding upon the contractor and the purchaser (the petitioner). the clause further reads:the purchaser shall not be liable in respect of any claim by the contractor in respect of any of the matters or things aforesaid unless and until the liability of the ..... 2008) 3 mlj 977. the circumstances indicating the infringement or violation or denial of a right are the basis on which the aggrieved party seeks relief in his favour. hence, a cause of action is the situation or state of affairs which entitles an aggrieved party to maintain an action in ..... of grievance founding the action not merely the technical cause of action.39. while dealing with a question as to whether the claim and the counter-claim arose out of the same transaction giving rise to different causes of action when the bank approached the debts recovery tribunal and the borrower .....Tag this Judgment!
Court : Chennai
..... to the state on the ground that the provisions of section 3(1) and 4 which provide for annulment to transfers by tribals incidentally trench upon the existing law, namely, the transfer of property act, 1882 or a law made by parliament viz., the specific relief act, 1963. the power of the state legislature to ..... terms of grant or any law, rule or regulation governing such grant are liable to be defeated in law, cannot and do not have in law or equity, a genuine or real grievance that their defeasible title in such grievance that their defeasible title in such granted lands so transferred is, in fact, being defeated ..... got the suit property to enjoy with certain conditions and later the suit property belonged to them and their heirs absolutely. further, the first appellate court has also held that karuppal her sons nagan, arumugam and bannari have obtained a loan of rs.700/- from marakkal and created a registered mortgage ..... of the decision of the hon'ble supreme court in lingappa pochanna appealwar v. state of maharashtra and another, air 1985 sc 389, wherein, at page no.390 it is held as follows:the act in its true nature and character is a law relating to transfer and alienations of agricultural lands ..... , but also the power to make a law to reopen such transfers and alienations. such a law was clearly within the legislative competence of the state legislature being relatable to entry 8 in list 2 of the sch. 7. decision of bombay light court d/-21 and 27-6-19894 affirmed.43. besides .....Tag this Judgment!
Court : Mumbai
..... such relief is to be granted. merely because it is lawful to grant specific relief, the court need not grant the order for specific relief; but this discretion shall not be exercised in an arbitrary or unreasonable manner. certain circumstances have been mentioned in section 20(2) of the specific relief act ..... by the mapa as it had become void under sections 32 to 35 and/or section 56 of the contract act and the respondents were not liable to refund any amounts or in the alternative for ..... because the purchasers were insisting on their bringing an unnecessary suit against the grandson who was a pauper and could not be made to pay costs. they gave the purchasers time until the 20th ..... in the joint escrow account on 5th may 2005. 15. on 13th may 2005, the debt recovery tribunal-i, mumbai passed an order restraining the respondents from transferring, alienating, encumbering, disposing off, selling ..... this plea the leaned senior counsel placed reliance upon the judgment of the supreme court in alopiprasad and sons ltd. versus union of india (1960) 2 scr 793 and in particular paragraphs 21 and 22 ..... in the same locality in which the building in question is situate, such as bombay hospital, j.j. group of hospitals etc.. the appellant also owns and manages a super ..... in its report submitted to the maharashtra legislative assembly had criticized this project and called for reconsideration. i say that since the shareholders agreement dated 10.5.2001 was not made effective, the government reconsidered .....Tag this Judgment!
Court : Mumbai
Reported in : (1970)72BOMLR666; 1970MhLJ116
..... or established for a variety of purposes, such as, land improvement and productive purposes, erection, rebuilding or repairing of houses for agricultural purposes ; purchase or acquisition of titles to agricultural lands ; liquidation of debts under the bombay agricultural debtors relief act, 1947, or any corresponding law for ..... basis of this application respondent no. 4, i.e. the assistant registrar, co-operative societies, issued a certificate under section 137(1) of the maharashtra co-operative societies act. the copy of the certificate filed with the petition does not bear any date, but the learned counsel appearing ..... entire amount due together with interest and other dues by selling the mortgaged property. the mortgagors also agreed to be personally liable in case of a short-fall after the sale of the mortgaged property.3. it appears a dispute arose between the ..... the petitioners, as members of their joint hindu family, were share-holders of respondent no. 5 co-operative bank originally incorporated under the co-operative societies act, 1912. by virtue of the provisions of the maharashtra co-operative societies act, 1960, respondent no. 5 bank is ..... abhyankar, j.1. the two petitioners, ramchandra son of mahadeorao mahankal and sharadchandra son of ramchandra mahankal, seek quashing of a certificate issued by respondent no. 4, the district deputy registrar, co-operative societies, nagpur, under section 137(1) of the maharashtra co-operative societies act, 1960, in favour of respondent .....Tag this Judgment!
Court : Mumbai Nagpur
..... the name of the father of the petitioner, she could not have been disqualified under provisions of section 14(1) (j-3) of the said act. it was vehemently urged by the learned counsel that only if the person elected as a member commits encroachment that such member is liable to be disqualified and if such encroachment is found to be committed by a member of ..... the consent of the learned counsel for the parties. 2. the petitioner who stands disqualified from continuing as member of the gram panchayat under section 14(1)(j-3) of the maharashtra village panchayats act, 1958 (for short, the said act) lays challenge to said adjudication. 3. the petitioner was elected as member of the gram panchayat in the elections that were held in ..... , dismissed. rule stands discharged with no order as to costs. 12. at this stage learned counsel for the petitioner prays for continuing the interim relief that has been operating. in the facts of the present case, the ad interim relief granted on 19-11-2014 shall continue to be in operation for a period of eight weeks from today. order accordingly. ..... would continue to remain encroached and the legal heirs or the assignees or the transferees remaining on such encroached government land shall claim the right to get elected as a member of democratically elected body. in no case our conscious permits such type of interpretation to defeat the very object of the bombay village panchayats (amendment) act, 2006. ? the submission that the encroachment should .....Tag this Judgment!
Court : Chennai
Reported in : (2007)6MLJ366
..... makers in drafting those articles and making them part of the fundamental rights. the safeguarding of the interest of the minorities amongst sections of population is as important as the protection of the interest amongst individuals of persons who are below the age of majority ..... ambedkar were enunciated by him in quite unmistakable term. dr ambedkar selected several propositions to sum up mahatma gandhi's position. the one such proposition was:i do maintain...that the vast masses of harijans and for that matter, of indian humanity, cannot understand the presentation of christianity, and ..... light of the above, we have no hesitation to hold that the writ petitions lack in merits and the same are liable to be dismissed. accordingly, the writ petitions shall stand dismissed. however, there will be no order as to costs. consequently, connected ..... not been a spiritual act in any sense of the trm. they are conversions of convenience. they (the harijans) can no more distinguish between the relative merits (words omitted?) than can a cow. harijans have no mind, no intelligence, no sense of difference between god and no-god.' [see dr. babasaheb ambedkar: writings and speeches, vol.5, bombay, education department, government of maharashtra ..... vidayarthi parishad, seeking for the same relief. w.p. no. 39205 of 2002 was also filed by the state co-ordinator for hindu organisations in tamil nadu, that too, on the same day for more or less similar relief. but he has not made any management of the christian .....Tag this Judgment!