Court : Mumbai
Decided on : Apr-09-2001
Reported in : 2001(4)BomCR35; (2001)3BOMLR65
..... motion. it is incumbent upon the government to publish notification in the official gazette while exercising powers under section 4 and section 6 of the land acquisition act and once the proceedings have started after observance of the requisite mode, then it is mandatory ..... developers who have brought on record through their written arguments before the minister that one sharad joshi. leader of the agriculturists, had filed a writ petition and wherein there was a reference to the beer bar and restaurant. this information ..... as pointed out by mr. singhavi and as observed by the apex court in the case of municipal corporation of greater bombay v. i.d.i. (supra), the land acquired for one public purpose may be used for another public purpose. ..... continues with the petitioners. mr. singhavi, therefore, referred us to a judgment of the apex court where the apex court ruled that holding of the possession by the party concerned was irrelevant. that was in the case of ramjas foundation v. union ..... the government and the letter/report of the collector dated 16th march. 1998.we have a minister who was making observations during the proceeding that the concerned land was being mis-utilised though there was no material whatsoever except the ..... in the present case. the non-printing or non-publication in the official gazette cannot take away its legal effect and validity. mr. dharmadhikari pointed out that in the manual of land acquisition prevalent in maharashtra there was no requirement for any .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-28-2001
Reported in : 2002(1)BomCR419
..... as a bar, and the courts should not deny relief. the rule in ayerst's case (supra) should never be used to (a) defeat statutes like section 6(h)(2) of the transfer of property act, (b) make the plaintiff liable to prosecution, conviction and punishment under such statute as ..... order granting interim relief. such an application is not to be adjourned to the hearing of the suit. the provisions of the maharashtra amendment act were imperative and nobody has a choice to conduct the proceedings in the suit contrary to the directions of the legislature. in meher ..... of ceiling under section 5 of the bombay tenancy and agricultural lands act was entered into. it was held that the contract was not void, and there was nothing in the act to indicate that the legislature had prohibited a contract to transfer land between one agriculturist and another. the ..... evidence in support of their respective cases. 99. mr. chidambaram submitted that the plaintiffs have erred on facts in submitting that the loans were interest-free loans. reliance is placed on the reports of mr. a.t. kukreja and arup mitra & co., qualified chartered accountants. it was ..... non-controversial matters or in matters where a quick decision is necessary and can be rendered in order to obviate irreparable injury to a party. section 155 each ordinarily not intended for settling controversies necessitating a regular investigation and in such cases, the company court can decline to entertain petitions in exercise of its discretionary power .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-13-2001
Reported in : 2001(6)ALD365; 2001(6)ALT640; 108CompCas12(AP)
..... had to consider the question whether a non-agriculturist surety could also get the benefit of the provisions of the madras agriculturists' relief act (4 of 1938) when the principal agriculturist debtor became entitled to the scaling down of the debt. the full bench held that:'a non-agriculturist surety will not be liable for the entire ..... the surety can be so easily cut down. the impugned direction cannot be justified under order 20, rule 11(1). assuming that apart from order 20, rule 11(1) the court had the inherent power under section 151 to direct postponement of execution of the decree, the ends of justice did not require such ..... we hold that the 2nd defendant did not stand discharged from liability as surety.'in the case of mseb bombay v. official liquidator (supra) the dispute relates to the right of the maharashtra state electricity board to encash the bank guarantee given by a bank on behalf of the company, which was ..... guarantor for the due to be discharged by the principal debtor and in case of default committed by the principal debtor, the surety has to make good the loss to the creditor. it is also not in dispute that the creditor has the right to proceed against the surety also, ..... nagarik sahakari bank limited v. union of india, : air1981ap153 , a division bench of this court considered the right of the creditor-decree holder vis-a-vis the liability of the principal debtor as well as the guarantor. it was held that it is not necessary that the creditor must first seek .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-05-2001
Reported in : 2002(2)BomCR537
..... act, 1961 which makes insurance compulsory, the major port trusts act which entitles the major port trusts to issue notifications having the force of law and such notifications issued by bombay port trust and calcutta port trust entitling only ships having a valid p & i cover to enter into harbour in exercise of the said power. the indian merchant shipping act, 1958 (particularly section ..... liberty to file fresh one.(12) an order holding that the defendants are not agriculturists within the meaning of the special law.(13) an order staying or refusing to stay a suit under section 10 of the code of civil procedure.(14) an order granting or refusing to ..... is definitely a corporation. all p & i clubs in uk are registered companies limited companies with no share capital because essentially these are non-profit making companies. upon entering the ship the owner becomes member of the p & i club and he pays the membership fee and undertakes ..... or part owner of the ship was domiciled in england' (see section 22(i), (iv) and (vii). by the administration of justice act, 1928, the jurisdiction vested in the high court by the supreme court of judicature (consolidation) act, 1925 was declared to belong to all divisions of the high ..... suit against the defendant even though the suit is kept alive.(6) an order rejecting an application; for a judgment on admission; under order 12, rule 6.(7) an order refusing to add necessary parties in a suit under section 92 of the code of civil procedure.(8) an order .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-05-2001
Reported in : 2002(2)BomCR436; II(2002)DMC89
..... the most vital field of national life and conformity with public policy. the rule further takes account of the needs of modern life and makes due allowance to accommodate them. above all, it gives protection to women, the most vulnerable section of our society, whatever the strata to which they may belong. in particular ..... by the law of domicile of the parties and that the wife's domicile follows the domicile of her husband. 14. in h. v. h., 1928 pd 206, the parties were married in england and had their domicile there. the wife thereafter obtained a decree of judicial separation on the ground of ..... , refused to recognise that decree observing that the husband had not permanently settled in nevada and the marriage could be dissolved only under the hindu marriage act, 1955. in this view of the matter the magistrate passed an order of maintenance in favour of the wife, which was also confirmed by the ..... the deceased and defendant no. 8. since it does not fulfil the conditions contemplated by clauses (a), (b), (c) and (f) of that section. (vi) that the marriage between the deceased and defendant no. 8 thus not having been dissolved by a valid decree passed by a court of competent jurisdiction; it ..... good of the public. as regards the application of the rule of public policy in the field of private international law, it was held in renusagar power co. ltd. v. general electric co., : air1994sc860 , that the courts refuse to apply a rule of foreign law or recognize a foreign judgment or a foreign .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Allahabad
Decided on : Oct-31-2001
Reported in : (2002)82ITD71(All.)
..... 1987-88 and 1988-89. since the hindi version the rules and regulations was found silent with regard to the absolute powers of the secretary, the learned departmental representative was directed to produce ..... for few years for running the school whereas, the property in bombay was purchased in the name of mr. bakhat because under maharashtra's laws a society could not purchase a residential property for ..... that the profits had gone to the secretary. similarly, the society has pleaded that the loans given to the secretary or the landlady also appear in the balance-sheet as receivable and ..... and is in the increasing scenario as is evident from details in para no. 5.6(vi) above, which clearly confirms that the institution's intention is to have surplus which in ..... making the investment ceases to have any legal right to recover the same. consequently, the fact that the memorandum and the bye-laws governing the assessee's activities provide for compliance to section 14 of the registration of societies act and the assessee's claim that the investment in immovable properties at bombay ..... root of the constitutional scheme and our educational system. restricting admission to non-meritorious candidates belonging to the richer section of society and denying the same to poor meritorious is wholly arbitrary against ..... complaint under section 147/ 452/383 of the crcp/cpg/ipc act against h.r.a. bakhat, writ no. 2490/88 was for seeking stay against arrest of mr. bakhat, miscellaneous bail application 1928/88 was .....Tag this Judgment!