Court : Mumbai
..... 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 ..... 01.02.2008 and (iv) indenture dated 06.02.2008, from the respondents. the applicants have purchased these premises along with 56.80% undivided shares, rights, title and interests in the suit property together with proportionate share in the total fsi from respondents. it is also not in ..... or service and the landlord has withheld the same, or (b) who desires to have, at his own cost, any other essential supply or service for the premises in his occupation, the tenant may apply to the municipal or any other authority authorized in this behalf, for ..... or connected with the management of a block or building of flats, whether as member of a managing committee. director, secretary or otherwise, or is responsible for the maintenance thereof (herein after in this section referred to as the manager) shall, without just and sufficient cause, either by himself ..... 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 .....Tag this Judgment!
Court : Mumbai
..... 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 ..... 01.02.2008 and (iv) indenture dated 06.02.2008, from the respondents. the applicants have purchased these premises along with 56.80% undivided shares, rights, title and interests in the suit property together with proportionate share in the total fsi from respondents. it is also not in ..... or service and the landlord has withheld the same, or (b) who desires to have, at his own cost, any other essential supply or service for the premises in his occupation, the tenant may apply to the municipal or any other authority authorized in this behalf, for ..... management or connected with the management of a block or building of flats, whether as member of a managing committee. director, secretary or otherwise, or is responsible for the maintenance thereof (herein after in this section referred to as the manager ? ) shall, without just and sufficient cause, either by ..... 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 .....Tag this Judgment!
Court : Mumbai
Reported in : 2005(1)ALLMR838; (2005)107BOMLR48
..... 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 for ..... per cent of the principal sum. further, no interest shall accrue on debts of small farmers during this period.5. chapter iv provides for exemption from application of the act in relation to certain debts and other liabilities such as debts of government, local authorities, banks etc.6. it is proposed that the act should remain in force for one year from the 22nd august, 1975 i ..... year immediately before the said date, and if living elsewhere four thousand and eight hundred rupees during that year;the word 'worker' is also defined under section 2(o) of the said act and which reads as under:'worker' means a person who earns his livelihood through any profession, calling or trade and also a person who is working in any factory ( ..... 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 .....Tag this Judgment!
Court : Mumbai Aurangabad
..... 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 ..... tribunal, the district court can entertain the application only after arbitrator passes the final award. it is submitted that section 9 of the said act can be invoked even during the pendency of arbitration proceedings before the arbitrator. 5] in support of his contention, the learned senior counsel appearing for the appellant pressed into service reported judgment of the supreme court in ..... the effect of breach of contract by a party seeking specifically enforce the contract under the indian law is enshrined in section 16 (c) r/w section 41(e) of the specific relief act, 1963, clause (e) of section 41 of the specific relief act provides that injunction cannot be granted to prevent the breach of contract, performance of which would not be specifically enforced. ..... 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. .....Tag this Judgment!
Court : Chennai
Reported in : 2008(4)ARBLR355(Madras)
..... after the decisions in ramachandra reddy & co. v. state of andhra pradesh and ors. : 2scr186 ; himachal pradesh nagar vikas pradhikaran v. aggarwal and co. : 1scr582 ; and bombay housing board (now the maharashtra housing board) v. karbhase naik & co. sholapur :  ..... 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 ..... repudiation. in the aforesaid case, this court held that the cause of action has arisen only when the liability is repudiated. on the facts, this court held that after receipt of the final payment, the contractor issued ..... agreement relating to arbitration and submitted that it was specifically agreed that the work under the contract shall continue during the arbitration proceedings and no payments due or payable by the petitioner shall be withheld on account of ..... further reference to the letters written by the first respondent to the petitioner as well as to the member generation of the petitioner. ultimately, the first respondent invoked the arbitration clause only on 12.07.1997 ..... his cause of complaint, or the subject 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 .....Tag this Judgment!
Court : Chennai
..... the ex.a2 to a4 sale deeds because of the fact that that as per 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 ..... view of the matter this court comes to an inevitable conclusion that the appellant/plaintiff is not entitled to claim the relief of adverse possession.61. d.w.1 (d.w.3) in his evidence has stated that he along with his family have enjoyed the suit property and therefore it cannot be said that the respondents/defendants have prevented the appellant/plaintiff from ..... 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 the above, the learned counsel for the respondents cites the decision of this court in ..... 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 members of scheduled tribes in the state to persons not belonging to .....Tag this Judgment!
Court : Mumbai
..... court? the matters raised by this question have narrowed considerably during the course of proceedings. specific performance was sought against the additional appellants under section 27 (b) of the specific relief act, 1877. as it was admitted that they took their transfers ..... loan before a particular date, or to meet an urgent time bound need (say medical or educational expenses of a family member) time stipulated for payment will be considered to be the essence. even if the urgent need for the money ..... are several super speciality hospitals available 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 speciality hospital in the ..... - speech of lord simon in british movietonews ltd. v. london and district cinemas ltd. 22. there is no general liberty reserved to the courts to absolve a party from liability to perform his part of the contract, merely because on account of ..... encumbering, disposing of the same and parting with the possession or in any manner dealing with the hotel property. debt recovery tribunal ii passed similar injunction order in favour of vijaya bank and against the respondents. it is not ..... as under:- ??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. i say .....Tag this Judgment!
Court : Mumbai
Reported in : (1970)72BOMLR666; 1970MhLJ116
..... 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 the time being in force in any part of the state ; and numerous other projects which can be undertaken by ..... alleged to be a lessee of the 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 to be a society within the meaning of ..... proclamation of sale.8. the petitioners challenge the certificate issued by respondent no. 4, namely, the assistant registrar, co-operative societies, exercising his powers under section 137 of the maharashtra co-operative societies act, on the ground that the exercise of the powers and jurisdiction by the assistant registrar r; validated because the assistant registrar has not held ..... seems to have been made to protect and safeguard the interests of land mortgage banks and land development banks and special provision has been made in respect of the liabilities due to these banks. provision has been made for liquidation of societies, and for reconstruction, amalgamation and in some cases, abolition of societies after due inquiry, .....Tag this Judgment!
Court : Mumbai Nagpur
..... interpretative process it would not be possible to include in the provisions of 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 ..... the learned counsel placed heavy reliance on the decision in writ petition no.8497/2012 yallubai kamble vs. state of maharashtra decided on 5-10-2012 wherein it was held by learned single judge that the expression person ? would not include members of the family. he also relied upon judgments in kanchan shivaji atigre vs. mahadeo baban ranjagane and ors. 2013(1) mh. ..... 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 .....Tag this Judgment!
Court : Chennai
Reported in : (2007)6MLJ366
..... 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, 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 ..... . 6. since the petitioners have pressed into service the legal obligation on the part of the christian minority educational 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 ..... been grossly unjust to christian missions....this attitude of mr. gandhi need not deter either the missionaries or the untouchables. christianity has come to stay in india and, unless the hindu in their zeal for nationalism misuse their political, social and economic power to suppress it, will live and grow in numbers and influence for good.15. as was seen earlier ..... .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 as a party to the writ petition and rest contented by making the state alone as a party. w .....Tag this Judgment!