Court : Mumbai
..... the essential supply or service is cut off by 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 ..... at this conclusion on the basis of the provisions of the bombay rents, hotels and lodging rates control 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 ..... pendency of such enquiry. on the failure of the landlord to comply with such interim order of the court, the landlord shall be liable to the same penalty as is provided for in sub-section (4). (4) if the court on inquiry finds that the tenant has been in enjoyment of the essential supply or service and that it was cut ..... obstructing the applicants from carrying on its business activities peaceably without any hindrance or interference from the suit building and suit property. the applicants also prayed for interim relief pending suits restraining the respondents from obstructing the applicant from carrying on its business activities peaceably without any hindrance or interference from the respondents. the parties entered into .....Tag this Judgment!
Court : Mumbai
..... the essential supply or service is cut off by 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 ..... at this conclusion on the basis of the provisions of the bombay rents, hotels and lodging rates control 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 ..... pendency of such enquiry. on the failure of the landlord to comply with such interim order of the court, the landlord shall be liable to the same penalty as is provided for in sub-section (4). (4) if the court on inquiry finds that the tenant has been in enjoyment of the essential supply or service and that it was cut ..... obstructing the applicants from carrying on its business activities peaceably without any hindrance or interference from the suit building and suit property. the applicants also prayed for interim relief pending suits restraining the respondents from obstructing the applicant from carrying on its business activities peaceably without any hindrance or interference from the respondents. the parties entered into .....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 ..... 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 said property was ..... who earns his livelihood through any profession, calling or trade and also a person who is working in any factory (including a badli worker therein).section 4 provides for liquidation of certain debts. said section 4 of the act reads as under:notwithstanding anything contained in any other law for the time being in force or in any contract or other instrument having force by ..... declared insolvent and therefore the petitioners who are the auction purchasers in respect of the land are also not liable, is also without any merits. we are of the view that once there is mortgage in respect of a particular debt then the said debt is attached to an immovable property and person purchases the said property subsequently acquires right, title and interest .....Tag this Judgment!
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 the ..... 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 ..... per letter of acceptance dt. 8.7.1998 and the contract came to be executed between applicant and state of maharashtra on 19.02.1999. the work order was accordingly issued on 12.03.1999 in applicants favour. (4) the state of maharashtra issued a notification dt. 24.08.1999 and authorised the applicant to collect the toll in respect of the said ..... in para 14 of the impugned judgment framed necessary points for its determination and by reasoned order, rejected the application filed by the appellant under section 9 of the said act. hence, this arbitration appeal by the appellant. 4] the learned senior counsel appearing for the appellant submitted that the letter, dated 17.11.2012, by which notification dated 9.11.2012 was .....Tag this Judgment!
Court : Chennai
Reported in : 2008(4)ARBLR355(Madras)
..... this 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 himachal ..... 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 raised as an issue in the petition. referring ..... of the 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 purchaser ..... claim no. 1 83,25,610 rejected 2. claim no. 2 7,24,451 3,83,000 3. claim no. 3 9,96,972 rejected 4. claim no. 4 3,19,800 rejected 5. claim no. 5 31,100 rejected 6. claim no. 6 83,203 rejected 7. claim no. 7 1,01,159 ..... matter 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 before .....Tag this Judgment!
Court : Chennai
..... denied 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 make ..... 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 the above, the learned counsel for the respondents cites the decision of this court in ..... aid 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 by ..... appellant/plaintiff's husband subbee gowder (son of marakkal) pre deceased marakkal the appellant has succeeded to the property and has been raising crops and enjoying the same in her own right and further that the appellant/plaintiff has been paying the kist in the name of marakaal since patta has not been altered in ..... (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 to be resumed by the .....Tag this Judgment!
Court : Mumbai
..... bound 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 a ..... to have the house after her (ellammal's) death. then on 17th november 1916 she and her husband madurai chetty contracted in ex.b to sell the house to melu t. c. mohamad osman sait ..... the respondents for recovery of term loan. on 13th may 2005, the debt recovery tribunal-ii, mumbai passed an order granting interim relief in favour of vijaya bank by granting injunction restraining the respondents from alienating, ..... was prepared to carry out the terms of the contact. the distinction between "readiness" and "willingness" is that the former refers to financial capacity and the latter to the conduct of the plaintiff wanting performance. generally, readiness is backed by ..... ??16. i 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 called for reconsideration. ..... 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 speciality hospital ..... of the petitioners for the consideration of rs.387.50 crores on the terms and conditions contained therein. 4. pursuant to the said term sheet, escrow documents executed by the parties were deposited with mr.suresh .....Tag this Judgment!
Court : Mumbai
Reported in : (1970)72BOMLR666; 1970MhLJ116
..... 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 the time being in force in any part of the state ; and numerous other projects ..... on the 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 ..... receipt of this notice, the petitioners made an application to the revenue recovery officer on march 13, 1967 complaining' that they are not liable to pay penal interest as no such interest was charged by the divisional joint registrar and that they are entitled to adjustment of a ..... field. 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 now deemed ..... former ruling chiefs government possessed an absolute discretion to refuse to make a grant of money or pension for their maintenance or upkeep even though they satisfied all the conditions for such a grant and were deserving of a grant of money or pension. the word 'may' in section .....Tag this Judgment!
Court : Mumbai Nagpur
..... that she was residing as a member of the family therein. it was stated that as the petitioner was not responsible for said encroachment, she was not liable to be disqualified. 4. the additional collector, nagpur came to the conclusion that there was an encroachment committed in respect of property ..... 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 ..... section 14(1)(j-3) of the said act disqualification of an elected member on account of encroachment by his family members. said view has been reiterated in yallubai kamble (supra) and it has been held that the elected member therein could not be disqualified on account of encroachment committed by her husband ..... 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 ..... 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 .....Tag this Judgment!
Court : Chennai
Reported in : (2007)6MLJ366
..... in the 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 miscellaneous petitions ..... institutions, attention was drawn to section 29 of the tamil nadu recognised private schools (regulation) act, 1973 as well as section 25 of the tamil nadu private colleges (regulation) act, 1976. a division bench of this court correctly found that those two provisions are not applicable as it is not a case of permanent closure. ..... to intervene and prevent illegal closure of educational institutions either on 24.10.2002 or on any other date and thereby to exercise their statutory powers.4. when the said writ petition no. 39044 of 2002 came up for admission on 23.10.2002. strangely, on the same day, w. ..... akhil bharathiya 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 minority educational schools ..... 5, bombay, education department, government of maharashtra, 1990 (page 446]his final observations in this regard is found in page 450 of the same volume which is as follows:it is difficult to understand why mr. gandhi argues that services rendered by the missionaries are baits or temptations. why is it not possible .....Tag this Judgment!