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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: mumbai aurangabad Year: 2011 Page 1 of about 22 results (0.014 seconds)

Sep 28 2011 (HC)

Abedali Khan S/O Rahematali Khan Vs. Devidas S/O Dhonduji Poghe

Court : Mumbai Aurangabad

Decided on : Sep-28-2011

..... learned counsel for the petitioner emphasised on the explanation which states that an agreement or compromise, which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule, then this cannot be considered as a valid compromise. considering ..... the terms of the compromise entered into by the parties and recorded by the court, this compromise or an agreement is not a void or voidable under the indian contract act ..... and, therefore, explanation is not applicable to it. the amendment enables a compromise entered into between the parties is as per their satisfaction, free will and agreement, executable even though not covered under the statutory provision of section 16 of the maharashtra rent control act. 14. ..... of the compromise, which is recorded by the court is to be honoured by the parties. 16. thus, there is no bar on parties contracting out compromise under order 23 rule 3 of the code of procedure, even for vacating the rental premises and consequential eviction on failure to vacate the ..... was not maintainable under section 96 (3) of the code of civil procedure. this is so because a consent decree is nothing but a contract between the parties superimposed with the seal of approval of the court. in the said appeal, the court held that when the decree is .....

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Mar 09 2011 (HC)

Babasaheb S/O Raosaheb Malba Vs. Raosaheb S/O Dattatraya Bandgar and o ...

Court : Mumbai Aurangabad

Decided on : Mar-09-2011

..... , on behalf of deft. no.1, it was submitted that the said surrender deed dated 20.1.1976 (exh.98) is not registered under section 17 of the indian registration act, and therefore, the same cannot be of any aid and assistance to the case of the plaintiffs. in the said context, learned counsel for plaintiffs submitted that section 49 of ..... the indian registration act, speaks of the effect of non registration of the document which is required to be registered, and further argued that the provisions of section 49 of the said ..... act lay down that an unregistered document may be received in evidence only for collateral purposes. it was canvassed that even if a document is compulsorily registrable and ought to have .....

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Sep 12 2011 (HC)

Rafia Sultana D/O Iqbal Ahemed Khan Vs. Mohd. Osman S/O Mohd. Ismail a ...

Court : Mumbai Aurangabad

Decided on : Sep-12-2011

..... below : "35. black's law dictionary, 5th edn. defines "undertaking" in the following words: "a promise, engagement, or stipulation. an engagement by one of the parties to a contract to the other, as distinguished from the mutual engagement of the parties to each other. it does not necessarily imply a consideration. in a somewhat special sense, a promise given ..... but derived only from articles 129 and 215. therefore the constitutionally vested right cannot be either abridged, abrogated or cut down, by any legislation including the contempt of courts act. therefore, the submission of the contemnor that the impugned order is vitiated on the ground of procedural irregularities and that article 215 is to be read in conjunction with ..... ". 56. according to black's law dictionary, (8th edition)- "wilful" means "[v]oluntary and intentional, but not necessarily malicious" and "wilfulness" means "1. the fact or quality of acting purposely or by design; deliberateness;intention; willfulness does not necessarily imply malice, but it involves more than just knowledge. 2. the voluntary, intentional violation or disregard of a known legal ..... 06.2011 in this court. 30. in the present contempt proceedings, this court is mainly concerned with maintaining the majesty of law and public confidence in judiciary. if the act of the respondent/ alleged contemnor to file undertaking and then to breach it and further to file affidavits before this court, thereby giving assurance to disburse the unpaid salary .....

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Mar 31 2011 (HC)

Shrirampur Municipal Council Vs. Shri V.K. Barde and ors.

Court : Mumbai Aurangabad

Decided on : Mar-31-2011

..... . observations in paragraph 27 also show that period of employment had all along been commensurate with the period of work undertaken by employer under respective contracts. the object behind granting temporary employment was, therefore, found to be bona fide and not actuated with any intention to deprive workman from benefits ..... logic in umadevi (3) case1 is based on article 14 of the constitution of india. though the industrial adjudicator can vary the terms of the contract of the employment, it cannot do something which is violative of article 14. if the case is one which is covered by the concept of ..... unlike a civil court, not fettered by the agreement between the parties. he is required to decide the matter not according to the agreement or contract between the parties but according to what, having regard to all circumstances he considers to be just and fair. in order that the workers get ..... industrial dispute. in order to be an industrial dispute, it is not necessary that the demand must be made or the relief claimed under a contract of employment. an industrial dispute also arises when employees seek higher scales of pay, reduction in hours of work or workload, share in the ..... definition of "industrial dispute" in the c. p. and berar industrial disputes settlement act is wider, but the essential feature of an "industrial dispute" is that it is not restricted to a claim under the contract or agreement of employment. it found it well settled that an industrial tribunal or authority .....

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Jul 21 2011 (HC)

Gorakh Hilal Patil and anr. Vs. Parit Samaj Seva Mandal and anr.

Court : Mumbai Aurangabad

Decided on : Jul-21-2011

..... corporate by the name under which it is registered, with perpetual succession and a common seal, and with power to acquit, hold and dispose of property, to enter into contracts, to institute and defend suits and other legal proceedings and to do all such things as are necessary for the purpose for which it is constituted." section 34, companies ..... be the last word in the name of every society with limited or unlimited liability, as the case may be, which is registered or deemed to be registered under this act. explanation:-- for the purposes of this section and section 8 the expression "member of a family" means a wife, husband, father, mother, son or unmarried daughter." . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36. societies ..... respectively on the cooperative society, registered company and the partnership firms. "6. conditions of registration (1) no society, other than a federal society, shall be registered under this act, unless it consists of at least ten persons or such highernumber of persons as the registrar may, having regard to the objects and economic viability of a society and development ..... of a legal entity is conferred respectively on the cooperative society, registered company and the partnership firms. in his submission, the provisions of section 6 of the societies registration act, 1806 also confers such status on a society only after its registration. an unregistered society or an association of persons is not conferred with the status of legal entity .....

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May 05 2011 (HC)

Gayabai Hemlal Jadhav Vs. Hiraman S/O Rama Chavan

Court : Mumbai Aurangabad

Decided on : May-05-2011

..... to the aforesaid principles, one more principle may be added, namely, that a document required to be registered, if unregistered, can be admitted in evidence as evidence of a contract in a suit for specific performance." relying on the aforesaid judgment, it is contended that respondent no.1 herein - probate applicant cannot escape the liability of payment of stamp duty ..... was justified in turning down the request made by the petitioner herein. the trial court would surely consider the provisions relating to admissibility of the document, contained in relevant acts, applicable to the copy of a document and would render appropriate decision. 18 considering the limited scope of inquiry by the trial court while dealing with application for grant ..... , as to include every document, by which any right or liability is or purports to be created, transferred, limited, extended, extinguished or recorded. section 2 (l) of the bombay stamp act, 1958, defines the "instrument" as: 2(l) "instrument" includes every document by which any right or liability is, or purports to be created, transferred, limited, extended, extinguished or ..... the case of k.b.saha and sons private limited v. development consultant limited, (2008) 8 scc 564, this court noticed the following statement of mulla in his indian registration act, 7th edition, at page 189: "......the high courts of calcutta, bombay, allahabad, madras, patna, lahore, assam, nagpur, pepsu, rajasthan, orissa, rangoon and jammu and kashmir; the form .....

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Sep 27 2011 (HC)

Mr. Dattaprasad Ramvilas Lakhotia and anr. Vs. the State of Maharashtr ...

Court : Mumbai Aurangabad

Decided on : Sep-27-2011

..... to perform the promise, or even otherwise, would be a civil wrong being breach of promise. this breach, ipso facto, would not amount to cheating, being a matter of civil contract. 16. we have perused the said judgments relied upon by the respondent. the general principle laid down therein is that the doors of criminal justice system ought not be throttled ..... 16. 3. learned advocate for the petitioner has argued in support of the application. the points pressed by him, are summarized as follows:- (i) the dispute/subject-matter of the contract is of purely civil nature. (ii) there is no element of cheating in the initial stage of the promise or representation. (iii) when a party fails to perform promise on ..... get loan liability transferred, it would be far fetching to be persuaded that sale by vendor after the date stipulated for payment, would amount to cheating. by any presumption, such act cannot be related back to the date of promise i.e. inception. 15. the intention to cheat has to be described to be existing at the very inception, which is ..... have sold out the assets of the firm to another party, falsely alleging failure to perform the promise in due time by the complainant. (vi) according to the complainant, the acts of applicants of suppression of fact of existence of third partner and sale of the property to another person amount to commission of offence of cheating, and hence, the complaint .....

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Sep 06 2011 (HC)

M/S Ashok Sahakari Sakhar Vs. the Regional Provident Funds

Court : Mumbai Aurangabad

Decided on : Sep-06-2011

..... point in the enquiry, which was not only illegal, and also no proper opportunity was given to the petitioner to deal with said point. it is submitted that only contract employees was the subject matter of the enquiry and unnecessarily respondent added therein subject of retired employees. 6. learned counsel appearing for petitioner invited my attention to the grounds taken ..... s.k. nasiruddin beedi merchant ltd. v. central provident fund commissioner and another, reported in air 2001 sc 850 and submitted that provisions of employees provident funds and miscellaneous provisions act (19 of 1952) are even applicable to home workers engaged in rolling beedis, engaged through independent contractor. in short, provisions are applicable even to the workers engaged through independent ..... the learned tribunal completely overlooked the factual position that, they were employed on consolidated remuneration which was more than rs.6500/- and as such they are not covered under the act. learned counsel appearing for petitioner invited my attention to the various judgments of the supreme court and also this court, which are as follows. a] workmen of niligiri co- ..... . then-after respondent issued a notice to the establishment under section 7-a of the said act, the enquiry was conducted during the period from 08.02.2008 to 04.01.2010. during the course of enquiry, petitioner submitted vouchers in respect of contract employees for the period 2005-06. it was also submitted that during the period of 2004- .....

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Oct 04 2011 (HC)

Ms. Vilas Transport Co. Vs. the Divisional Joint Registrar.

Court : Mumbai Aurangabad

Decided on : Oct-04-2011

..... not have any right of approaching the authorities and making the subject request, then, merely because they are statutory authorities or are performing public duties that each and every act of theirs cannot be corrected by questioning it in writ jurisdiction. this is not a cure all jurisdiction and particularly in this case. in the instant case, the petitioners ..... the petitioners to make the instant application. all that mr.jain would urge is that the recovery officer and the divisional joint registrar who are exercising powers under the mcs act are performing a public duty. once they are performing public duty, then, irrespective of whether the application made by the petitioners is maintainable or not, they were entitled ..... to and then, it is stated that since the amounts thereunder were not repaid, the first respondent bank applied for issuance of recovery certificate under section 101 of the mcs act. on their application, on 13th september 2002, the assistant registrar concerned, granted recovery certificates, details of which are mentioned in the application which are in the sum of ..... of 2010. 2] the petitioners are a partnership firm carrying on business as transporters and carriers. the first respondent is a cooperative bank registered under the maharashtra cooperative societies act, 1960 whereas the second and third respondents are the special recovery officer and sales officer, so also the divisional joint registrar, cooperative societies who have passed the orders impugned .....

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Jan 17 2011 (HC)

Smt. Muktabai W/O Kashinath Shitole and ors.Vs. Vaijinath S/O Gena Shi ...

Court : Mumbai Aurangabad

Decided on : Jan-17-2011

..... of his produce through the society, and(b) that any member, who is found guilty of a breach of the by-laws or of any such contract, shall reimburse the society for any loss, determined in such manner as may be specified in the by-laws.48. charge on immovable property of members ..... between them. therefore, according to the plaintiff, the sale is void, in view of section 47(2) and (3) of the maharashtra cooperative societies, act, 1960 ("mcs act" for short). moreover, according to the plaintiff, no title has been passed in favour of the defendant in respect of the suit land and, therefore, ..... the prior permission of the bank authorities, as the property was mortgaged with the bank. a bare reading of section 47(2) of the mcs act indicates that no property, which is subject of the charge under earlier sub-section, shall be transferred in any manner without the previous permission of the ..... of [a co-operative agriculture and rural multipurpose development bank] or of the state government] under the bombay canal rules made under the bombay irrigation act, 1879 or under any corresponding law for the time being in force for the supply of water from a canal to such land, or to any ..... it is further contended that the plaintiff is estopped from challenging the alienation. according to the defendant, provisions of sections 47 and 48 of the mcs act are not applicable. it is further stated that the defendant has paid various amounts to the banks on different occasions, which were accepted by the bank .....

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