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 ..... 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 ..... 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.e. the date on which the ..... 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 virtue of any such law, and save as otherwise expressly provided in this act, every debt of worker whose immovable property if any, does not exceed .....Tag this Judgment!
Court : Mumbai Aurangabad
..... 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. clause ..... the concession period stipulated in the contract shall be reworked out with the change rates based on the cash flow statement/project statement of loan and repayment. (6) the applicant requested government of maharashtra through its secretary from time and again to give an opportunity before reworking the concession period but for no use. the government finally issued notification dt. 09 ..... no.3 to afford personal hearing to the petitioner and thereafter to pass a speaking order in the matter. in view of the agreement arrived at between the parties, nothing survives for consideration in the petition. writ petition, therefore, stands disposed of. ? [joint pursis reads as under :- ??the parties hereby agree that the respondent no.2 will issue show ..... 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)
..... 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 : 3scr407 , till the rates are settled, the employer was not ..... that time was the essence of the contract could no longer survive. when the petitioner committed breach in observing the terms of the contract, as per section 73 of the act, damages are warranted in this case. he pointed out that ..... of 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 ..... 35 had no relevance for underutilisation resulting from voltage fluctuations. being technical members, taking note of the fluctuations and the loss caused thereon, the arbitrators gave the relief. as regards claim no. 15 as to the delayed supply of ..... the correspondence referred to by the learned counsel appearing for the petitioner have relevance to the strength specified vis-a-vis the cement to be used and since the desired strength required extra cement, the first respondent sought for ..... saved by limitation. the question as to whether the limitation act has application to the proceedings governed under the arbitration act is no longer res integra.30. section 37(1) of the arbitration and conciliation act, 1996 provides that all provisions of the indian limitation act .....Tag this Judgment!
Court : Chennai
..... 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 ..... being the father of the 1st respondent/1st defendant and grandfather of r2 and r3/d2 and d3 and further that the aforesaid palani has been survived by his wife karuppal and four sons viz., karuppan, nagan, arumugam and bannari and that karuppal and karuppan have expired etc.22. the stand ..... alternatively, the defendants have taken a plea that they have perfected title to the suit property by means of adverse possession by themselves and their family members and their predecessors in interest have been in uninterrupted possession of the suit property in their own right to the knowledge of the appellant/plaintiff ..... 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 v.g.p ..... original grantees or their heirs and legal representatives and failing them to other members of these communities do not infringe art.14 of the constitution. in view of the settlement of law by the supreme court which has agains been reiterated in lingappa pochanna v. state of maharashtra, the second ground of .....Tag this Judgment!
Court : Mumbai
Reported in : (1970)72BOMLR666; 1970MhLJ116
..... , 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 such banks. at ..... 12 who is 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 ..... time being in force as arrears of land revenue. in other words, once the revenue recovery certificate is issued under section 137, the debtor against whom such a certificate is issued and is operative cannot challenge anywhere the liability to pay the amount of arrears which are shown to be due in the revenue recovery certificate. there are other serious ..... recovered by sale of fields at khapri, paradsinga and naigaon. it appears that these properties were already under attachment in previous proceedings for recovery under similar revenue recovery certificate.6. on 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 .....Tag this Judgment!
Court : Mumbai Nagpur
..... 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 october, 2012. it is her case that she was residing along with her father and other family members at house property bearing ..... , 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. ..... .l.j. 788. he, therefore, submitted that the impugned orders deserve to be set aside and the disqualification be held to be illegal. 6. shri sudhir malode, learned counsel appearing for the respondent no.6 supported the impugned judgments by relying on the judgment of the division bench in devidas surwade (supra). according to him, the disqualification as ordered did ..... 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 .....Tag this Judgment!
Court : Chennai
Reported in : (2007)6MLJ366
..... 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 ..... viz., 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 ..... requirement of their religion?....no body will deny to mr. gandhi the right to save the untouchables for hinduism. but in that case he should have frankly told missions 'stop your work, we want now to save the untouchables, and ourselves. give us a chance.! it is pity that he ..... prior permission. 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 ..... nadu prohibition of forcible conversion of religion (repeal) act, 2006 which repealed the tamil nadu act 56 of 2002 and set at rest any kind of doubt about the existence of the said law.12. this court therefore suggested that nothing survived in the writ petitions and the petitioners may think of .....Tag this Judgment!
Court : Mumbai
Reported in : [1967(14)FLR27]
..... relief act, no such relief can be granted by a civil court or a private arbitrator - see dr. s. b. dutt v. university of delhi [1959 s.c.r. 1236]. 32. i will now refer to the relevant provisions of the maharashtra co-operative societies act, 1960. this act repealed the earlier bombay co-operative societies act, 1925, which was previously in force. sub-section ..... claims by a society for debts or demand due to it from a member or past member or the heirs or assets of a past member as well as claims by a member or past member or the heirs of a past member for any debts or demands due to him from the society, whether such ..... the learned government pleader has contended that the present case falls under the third category of cases mentioned by willes, j., in which a liability not existing at common law is created by a statute, which at the same time gives a special and particular remedy for enforcing it. ..... relating to the settlement of industrial disputes were excluded. 14. next, the provisions of sub-section (3) of s. 91 also point to the same conclusion. sub-section (3) says : 'saves as otherwise provided under sub-section (3) of s. 91, no court shall have jurisdiction to entertain any suit or ..... a co-operative society and its workmen they were held to be industrial disputes falling exclusively within the jurisdiction of industrial courts or tribunals. 6. in the latter case, the expression 'touching the business of a registered society' was commented upon by the division bench of the kerala .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1996SC285; [1995(71)FLR1040]; JT1995(6)SC625; 1995LabIC2714; (1996)ILLJ899SC; 1995(5)SCALE400; (1995)6SCC326; Supp3SCR702
..... in pursuance of the show-cause notices, inquiry was being conducted and they apprehended that their services would be terminated. the respondents also filed applications for interim relief under section 30(2) of the maharashtra act seeking interim injunction restraining the employer-company from continuing the unfair labour practices complained of and from terminating the services of the respondents. the labour court passed an ..... it must necessarily contemplate an intervention of the competent labour court at a stage prior to the actual commission of such unfair labour practice.53. reference made in paragraph vi to the bombay high court's judgments also cannot be of any avail as they were based on the view which was accepted by the learned single judge of the high court ..... . same is the case with the wording of schedule ii barring item no. 6 and the wording of schedule iii. while dealing with this aspect, a full bench of industrial court of maharashtra, in its decision in revision application (ulp) no. 2 of 1983, speaking through its learned member gawande, has made the following observations in paras 11 to 13, which we ..... forms of coercive actions as wilful 'go slow' squatting on the work premises after working hours or 'gherao' of any of the members of the managerial or other staff.6. to stage demonstrations at the residences of the employers or the managerial staff members.40. it becomes obvious that if an employer files a complaint before the industrial court under item 5 or .....Tag this Judgment!
Court : Mumbai
Reported in : [2000(84)FLR223]; (1999)IILLJ1370Bom
..... is abolished, it will not only create havoc in the clean and green city of bombay but will lead to anarchy depriving the daily bread and butter of the workers who are getting daily employment on the basis of which their family members are surviving.16. in fact, the respondent no. 1 corporation itself was aware of the situation and by the ..... was argued before us, we asked the learned additional government pleader who represented the government, as to why the state contract labour abolition advisory board and the state of maharashtra should not issue an order prohibiting employment of contract labour in the solid waste management department in view of the glaring facts and circumstances of the case. we were ..... to private contractors.14. if there was any lingering doubt on the subject, the respondent contractors, who have filed their affidavits, have dispelled the doubt. jamanlal jain, respondent no. 6, in his affidavit dated august 12, 1997 says in paragraph 10, '..... i submit that since the tender submitted by me was the lowest and since i complied with all ..... had the bombay municipal corporation registered itself as a 'principle employer' under section 7, nor did any of the contractor obtain a licence under section 12 of the act. consequently, there were repeated grievances voiced by the petitioner union that the contract labour were being subjected to continuous exploitation. the petitioner union has, therefore, brought this petition for obtaining appropriate relief to the .....Tag this Judgment!