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Judgment Search Results Home > Cases Phrase: bombay hindu heirs relief act 1866 maharashtra section 2 heir to be liable as representative of deceased ancestor only to ex頞速ent of asset received Page 1 of about 4 results (0.081 seconds)

Oct 04 2002 (HC)

Dr. M. Satyanarayana Reddy and anr. Vs. Rukma Bai and ors.

Court : Andhra Pradesh

Reported in : 2003(6)ALT248

..... v. bhagwandas, air 1947 p.c. 168, state of bombay v. narasu appa, : air1952bom84 . 12. sri bakshi, the learned counsel representing the contesting respondents/ plaintiffs on the other hand had pointed out ..... hindu marriage act, 1955 in the traditional hindu law of marriage, it was stated:'before enactment of hindu marriage act, 1955, hindu marriage was polygamous. the major amendments of the law relating to hindu marriage introduced by the hindu marriage act may be enumerated thus:(i) the act has introduced the rule of monogamy [section 5(i)].(ii ..... the children who were born out of such marriages are the legitimate children of the deceased rajeshwar reddy and they are entitled to their respective shares as per law. the ..... fee?(9) whether the defendants 1 to 4 only are entitled to inherit to the suit properties?(10) to what relief?9. as already stated supra, on appreciation of ..... 1981 leaving behind the plaintiffs and defendants 1 to 9 as his legal heirs. the plaintiffs 2 to 8 are entitled for 1/15th share each and the 1st ..... s share in the suit properties.5. defendants 3 and 4 were set ex parte. the 1st and the 2nd defendants who had preferred the present appeal ..... maharashtra, : 1965crilj544 and anr., gopal lal v. state of rajasthan, : 1979crilj652 and also the decision of bombay high court referred (3) supra. the learned counsel also had taken me through the hyderabad (application of central acts) act, 1952 and also the adoption of laws, 1957. the learned counsel also pointed out that section .....

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Sep 13 2012 (HC)

Skygourmet Catering Private Limited and Another Vs. Mars Hotels and Re ...

Court : Mumbai

..... act, 1947 (for short the 'bombay rent act') and the maharashtra rent control act, 1999 (for short the 'maharashtra rent act'). he submitted that under section 12-a of mofa, the trial court has power to grant interim relief pending adjudication of the main application. 21. he further submitted that though the trial court recorded a specific finding that the respondents herein are the promoters within the meaning of section 2 ..... the applicants learned that the respondents would be disconnecting the essential supplies of water, electricity and gas within 10 minutes time. despite receiving the applicants' email of 15.10.2011, respondents disconnected the essential supplies of electricity and water at 14:20 hours on 15 ..... and mou dated 31.07.2009 were executed only as a temporary measure. it was agreed between the parties that the applicants would obtain their own connections for water and electricity and since the applicants represented that it would take some time for them ..... 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 ..... application made by them under section 12-a of mofa is concerned. alternatively, he submitted that in any case no ex-parte order was obtained by the applicants. in fact, the learned trial judge declined to grant ad-interim relief. aggrieved by this refusal, .....

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Sep 13 2012 (HC)

Skygourmet Catering Private Limited and Another Vs. Mars Hotels and Re ...

Court : Mumbai

..... act, 1947 (for short the 'bombay rent act') and the maharashtra rent control act, 1999 (for short the 'maharashtra rent act'). he submitted that under section 12-a of mofa, the trial court has power to grant interim relief pending adjudication of the main application. 21. he further submitted that though the trial court recorded a specific finding that the respondents herein are the promoters within the meaning of section 2 ..... the applicants learned that the respondents would be disconnecting the essential supplies of water, electricity and gas within 10 minutes time. despite receiving the applicants' email of 15.10.2011, respondents disconnected the essential supplies of electricity and water at 14:20 hours on 15 ..... and mou dated 31.07.2009 were executed only as a temporary measure. it was agreed between the parties that the applicants would obtain their own connections for water and electricity and since the applicants represented that it would take some time for them ..... 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 ..... application made by them under section 12-a of mofa is concerned. alternatively, he submitted that in any case no ex-parte order was obtained by the applicants. in fact, the learned trial judge declined to grant ad-interim relief. aggrieved by this refusal, .....

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Oct 25 2004 (HC)

Bhurmal Ramkaran Sharma Vs. Gulabchand Shankarlal JaIn and ors.

Court : Mumbai

Reported in : 2005(1)ALLMR838; (2005)107BOMLR48

..... '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- ..... do with simpliciter the loan transaction as sought to be claimed by the petitioner for the benefits of the maharashtra debt relief act. the provisions of the maharashtra debt relief act applies only in cases where the said loan is lent and advanced to the poor segment of the people by money ..... debtor making an application in writing in that behalf; and the creditor shall pass a receipt to the debit or of having received the application. if the creditor refuses to pass a receipt then the debtor may get the application endorsed to that effect under ..... 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 relating to such debt ..... act and his properties including mortgaged properties were put up for an auction. in the said auction, the petitioner's predecessors namely chiranjilal bhurmal who 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 .....

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Mar 15 2007 (HC)

Yusuf Ali Khan Rashid Ali Khan and anr. Vs. Nazema Begum D/O Nisar Ahm ...

Court : Mumbai

Reported in : 2007(5)ALLMR751; 2007(6)BomCR785; 2007(4)MhLj141

..... it was transferred under section 39(2) of the civil procedure code for execution to the city civil court, bombay. this court held such transfer invalid. this court noticed section 5 of the bombay city civil court act, 1948, which lays down that the city civil court is subordinate to high court only. the facts in ..... passed by this court on 13-10-2006.13. shri choudhari, learned advocate has submitted that the president of the society had not received the notice of appeal. the executing court cannot go beyond the decree. this issue cannot be dealt with in an execution filed on ..... the said society is a trust registered under the provisions of the bombay public trusts act, 1950 so also societies registration act, 1860. in this view of the matter, there is no question of bringing legal heirs of deceased office bearer of the society/trust on record in a proceeding pending ..... court has passed a detailed order. in paragraph no. 5 of this order, this court has modified the earlier order granting ad-interim relief in following words:5. in my opinion, the impugned order in the execution petition cannot be stayed in entirety. still, however, the ..... counsel for the respective parties.2. resume of relevant facts may be summarised as follows:(a). respondent no. 1 nazema begum had filed appeal no. 205 of 1996 ('appeal') under section 9 of the maharashtra employees of private schools (conditions of service) regulation act, 1977 ('act of 1977') and maharashtra employees of private schools (conditions .....

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Nov 16 2013 (HC)

Ashoka Buildcon Ltd. Formerly M/S Ashoka Info Pvt. Ltd. Vs. State of M ...

Court : Mumbai Aurangabad

..... 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 section 9 of the act shall not apply to the contract, which is otherwise determinable in respect of which ..... 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 ..... the case of union of india vs bakhshi amrik singh, [air 1963 punjab 104 and submitted that the courts while issuing permanent or temporary injunction, must act in a careful and conservative manner and grant relief only in situations which so clearly call for it as to make its refusal work real and serious hardship and injustice. 15] counsel also invited my attention ..... of person who have paid the toll and also to maintain the amount received by separate account, if the appellant is allowed to resume the toll collection. it is submitted that in case the appellant succeeds before the arbitrator, in that case the arbitral tribunal can grant the relief of further period of concession for collection of the toll tax. it is .....

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Jun 09 2008 (HC)

Tamil Nadu Electricity Board Vs. Kirloskar Constructions and Engineers ...

Court : Chennai

Reported in : 2008(4)ARBLR355(Madras)

..... co. v. state of andhra pradesh and ors. : [2001]2scr186 ; himachal pradesh nagar vikas pradhikaran v. aggarwal and co. : [1997]1scr582 ; and bombay housing board (now the maharashtra housing board) v. karbhase naik & co. sholapur : [1975]3scr407 , till the rates are settled, the employer was not under an obligation to pay interest ..... purely on account of the petitioner that the arbitrators considered the same to grant the relief. he made a particular reference to the petition under section 34 of the arbitration and conciliation act, 1996, that clauses 2.7 and 2.8, on which much emphasis was placed by the petitioner, had not been ..... thereafter, on 29.12.1993, the petitioner informed the first respondent that the request for further extension of time beyond 31.12.1993 was receiving consideration and hence, the first respondent was asked to continue the balance work and complete the same as per the letter of the first respondent ..... 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 ..... out of the differences by itself, will not amount to a dispute arising for the purpose of working out the limitation under the limitation act. only when the parties come to the conclusion that they cannot resolve a difference, then it could be said that the dispute has arisen. at .....

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Jul 30 2010 (HC)

Subbammal ... Vs. Arumugam, and ors.

Court : Chennai

..... act, 1882 or a law made by parliament viz., the specific relief act, 1963. the power of the state legislature to make a law with respect to transfer and alienation of agricultural land under entry 18 of list 2 carries with it not only ..... the mortgage amount in the month of october 1959 itself and that rangai gowder has received the mortgage amount from them and obtained their thumb impression in some documents for cancellation ..... 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 ..... the suit property. also, the first appellate court has held that the persons who executed ex.a2 to ex.a4 sale deeds dated 06.10.1959, 27.10.1959, 30.11.1959 respectively, ..... 2 of the sch. 7. decision of bombay light court d/-21 and 27-6-19894 affirmed.43. besides the above, the learned counsel for the respondents cites the decision of this court in v.g.p prem nagar and another v. the state of tamilnadu represented ..... section 15(41)(4)(iii) if the condition of non alienation is violated or if the land ceases to be owned by the assignee or his legal heirs or (after ten years) other members of their class, owing to sale by process of law or otherwise etc., the grant will be liable ..... represents the same survey no.363 measuring 2 acres 39 cents.19. according to the learned counsel for the appellant/plaintiff since the appellant/plaintiff's husband subbee gowder (son of marakkal) pre deceased .....

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May 10 2013 (HC)

Siddhivinayak Realties Pvt. Ltd. Vs. V. Hotels Limited and Others

Court : Mumbai

..... 15. section 16(c) of the specific relief act, 1963 mandates that the discretionary relief of specific performance of the contract can be granted only in the event the plaintiff not only makes necessary ..... of the petitioners save and except any claims made by nirmal lifestyle. the respondents represented and confirmed that the title of the respondents to the said properties was clear and ..... with idbi bank and placed on record that no such bank statement had been received from the respondents by the petitioners. the petitioners requested to ensure the compliance ..... 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 ..... the other of whatsoever nature. the respondents sought a declaration that the petitioners were liable to indemnify the respondents herein against all losses and expenses of all kinds incurred ..... say that the standing committee of the maharashtra legislature attached to the public health and medical education department in its report submitted to the maharashtra legislative assembly had criticized this project and ..... agents. 5. on 31st march, 2005, the petitioners and the respondents executed the master asset purchase agreement (hereinafter referred as the said ??mapa) by which the petitioners exercised its ..... chetti an unregistered document ex.1, reciting that she had promised to give his mother the house as a dowry and that the mother had paid rs.2,000/- and providing that .....

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Aug 07 1969 (HC)

Ramchandra Mahadeorao Mahankal Vs. the Collector

Court : Mumbai

Reported in : (1970)72BOMLR666; 1970MhLJ116

..... the jurisdiction of the civil court was barred in view of the provisions of section 91 of the maharashtra co-operative societies act, under which such a dispute was liable to be referred for decision to the registrar. this contention was accepted in ..... 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 the time being in force in any part of the state ; and numerous other ..... as good payment. whether payment was in fact made and was made to a person who had authority to receive that payment on behalf of the bank would undoubtedly determine the validity of this claim. but we do not ..... that the consequences of a certificate for recovery being issued are far-reaching and serious. sub-section (2) of section 187 not only makes the certificate final and conclusive as to the arrears due but the arrears so certified can ..... furnished to the satisfaction of the registrar. assuming, therefore, that there is urgency and a legitimate apprehension of the assets being-frittered away by the defaulting member, this provision adequately arms the registrar with power to protect the interests ..... , 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 .....

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