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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: mumbai Page 1 of about 92 results (0.032 seconds)

Jan 16 2009 (HC)

Mohan Kumar Rayana Vs. Komal Mohan Rayana

Court : Mumbai

Reported in : 2009(3)BomCR308; 2009(111)BomLR979; 2009(2)MhLj868

..... that was cited before us was in (srimati) kamini mayi debi v. bhusan chandra ghose air 1926 cal 1193. the provisions of section 19 of guardians and wards act were under consideration before the court. it was observed that what is meant by section 19 is that where the father of the minor is living and is not incompetent to be the guardian ..... 's over all development.10.12. in nil ratan kundu v. abhijit kundu (civil appeal no. 4960 of 2008, decided on 8th august 2008), the supreme court after considering english law, american law and indian law so also the various other judgments of the supreme court, in paragraph 56 thereof held thus:56. in our judgment, the law relating to custody of a child ..... and above physical comforts, moral and ethical values cannot be ignored. they are equally, or we may say, even more important, essential and indispensable considerations.10.13 recently, the supreme court in gaurav nagpal v. sumedha nagpal jt 2008 (12) sc 115, had an occasion to deal with a situation where the father had flouted orders of the ..... court and managed custody to the point that contempt proceedings were initiated against him. the supreme court held that he cannot be beneficiary of his own wrong and thus confirmed the order passed by the high court granting custody to the .....

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Jul 19 2007 (HC)

Rajaram Waman Masurkar Vs. Lokmanya Shikshan Prasarak Mandal and ors.

Court : Mumbai

Reported in : 2008(1)BomCR422; (2007)109BOMLR1488; 2008CriLJ2523

..... the facts and circumstances of the case and wherever necessary to conclude the contempt proceedings by adopting summary procedure. the provisions of the code of criminal procedure and contempt of courts act neither overlap nor are in conflict with each other. they operate in different fields and jurisdiction. to trace out commonality by an interpretative process, in these two jurisdictions, is an ..... court, the constitution vests these rights in every high court, so no act of a legislature could take away that jurisdiction and confer it afresh by virtue ..... necessarily follows that the constitutional jurisdiction of the supreme court and the high court under articles 129 and 215 cannot be curtailed by anything in the act of 1971. the above position of law has been well settled by this court in sukhdev singh sodhi v. the chief justice and judges of the pepsu high court : [1954]1scr454 , holding thus:in any case, so far as ..... contempt of a high court itself is concerned, as distinct from one of a subordinate .....

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Dec 19 2008 (HC)

People for Elemination of Stray Troubles by Its Convener Dr. Rosario M ...

Court : Mumbai

Reported in : 2009(1)BomCR501

..... and that the mcgm has began disbursement to the ngo's for the first time only in 2007-2008 pursuant to the orders/directions made by this court. referring to the application under the right to information act made by one prerna vaswani, the learned senior counsel mr. chinoy has submitted that it has been ..... catch such dogs, suspected to be rabid.(2) the caught dog would then be taken to the pound where it would be isolated in an isolation ward.(3) the suspected rabid dog would then be subjected to inspection by a panel of two persons i.e.(i) a veterinary surgeon appointed by ..... catch such dogs, suspected to be rabid.(2) the caught dog would then be taken to the pound where it would be isolated in an isolation ward.(3) the suspected rabid dog would then be subjected to inspection by a panel of two persons i.e. (i) a veterinary surgeon appointed by the ..... state legislature under concurrent list iii of seventh schedule to the constitution of india. the above legal position has been clearly enunciated by the hon'ble supreme court in the case of bar council of india v. board of management dayanand college : air2007sc1342 .137. another important aspect to be noted is that ..... regard to the matter covered in the proposal. in support of this contention mr. vahanvati, the learned solicitor general has referred to the constitution bench of the apex court in the case of kaiser-i-hind pvt. ltd. and anr. v. national textile corporation (maharashtra north) ltd. and ors. : [2002]supp2scr555 , wherein .....

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Jul 22 2009 (HC)

Mrs. Mangala W/O Sharad Mutha and ors. Vs. the State of Maharashtra Th ...

Court : Mumbai

Reported in : 2009(111)BomLR3186

..... functuous officio and refused to issue the order or clarify and refer the proceeding to the collector. it was observed that it was duty of the civil court to see that the collector had acted in accordance with the decree holders mandate. the relevant portion of para 18 of the said judgment is reproduced below:18. perusal of the impugned order passed ..... held that he became functuous officio and refused to issue order or clarify and refer the proceeding to the collector. it was further observed that the civil court can see, if the collector had acted in accordance with the decree holders mandate. it was further observed that the collector was required to execute decree by adjusting equities, to the extent of they ..... the orders which were impugned in the writ petition, it is clear that neither the collector, nor the civil court has dealt with any of the objections raised by present appellants/objectors. they have acted in complete ignorance of the directions given by this court on three occasions, which are reproduced earlier. the appellants are being put to run from piller to post ..... .01.2008.2. the facts in detail giving rise to the instant appeal are as under:one maheboob zarekari was the owner of survey nos. 46/2, 47/6, 48/6, 53/1b, 133/3, 52/1, 52/2, 131, 50/4 situated at chahurna (bk), taluka and district ahmednagar and the house property bearing no. 5106 city survey no. 4097 ward no .....

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Jan 05 2009 (HC)

Western Coalfields Ltd. Through the Chief General Manager Vs. the Stat ...

Court : Mumbai

Reported in : 2009(4)BomCR414; 2009(111)BomLR502

..... in paragraph 28 and 29 of the reported judgment letters written by government of india purported to the under section 12 (3) of 1971 act are reproduced and in paragraph 30, hon apex court has given reasons for holding it not to be a binding decision in terms of section 12 (3). in paragraph 34 of this judgment, ..... yavatmal is made in w. p. 3430/2007 and in it in paragraph 12 same statement has been made about the source of land. w. p. 2604/2008 is about lands in nagpur in paragraph 12 again general statement on same lines has been made. annexture i with this writ petition shows that lands have come ..... dated 30/11/2007 by addl. collector, nagpur in further rev. appeal 114/mrc--81/2006-07(of pipti, kandri, tekadi & gondegaon) and order dated 2/4/2008 in appeal no. 1/mrc-81/2007-08 by the additional commissioner, nagpur division. as the bone of contention between parties is competence of state government to recover non- ..... ukani) and order dated 12/2/2007 in revision no. 2/rrc-70/2005-06 (of kolera) by the additional commissioner, amravati division. in w. p. 2604/2008 challenge is to demand notices dated 21/12/2001, 15/2/2006, 17/2/2006, 16/3/2006 by tahasildar, parseoni (district nagpur). it also challenges order dated ..... 70/2/2004-05 and order dated 12/2/2007 in revision no. 2/rrc-70/2005-06 by the additional commissioner, amravati division. in w. p. 19/2008 challenge is to demand notices dated 16/1/2001,18/1/2001,30/1/2001, 1/2/2001, 5/2/2001 & 1/3/2001 by tahsildar, wani (district .....

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Sep 08 2010 (HC)

Vodafone International Holdings B.V. Vs. Union of India (Uoi) and anr.

Court : Mumbai

..... not competent to treat the petitioner as an assessee in default under section 201, as amended by the finance act, 2008 and the amendment to section 201 by the finance act, 2008 is unconstitutional. we have not considered it appropriate to adjudicate upon the submission of dr.singhvi at this stage ..... he may legitimately claim the advantage of any expressed terms or of any omissions that he can find in his favour in taxing acts". the supreme court held that far from being exorcised in its country or region, the dictum in duke of westminster's case "continues to be ..... of the activity or operation was carried on by the non-resident company in india.89. while affirming the judgment of the calcutta high court, the supreme court in income tax officer vs. shriram bearings ltd.,35 held :34 (1987) 164 itr 41935 (1997) 224 itr 724"the agreement ..... a commercial and realistic perspective. that perspective respects the form of the transaction adopted by the parties. the terms of the transaction is what the court interprets applying rules of ordinary and natural construction. that perspective would adopt what a normal and 51 (2000) nzca 35052 johan steyn, "contract ..... of hutchison essar, and certain affiliates (collectively essar") asserted various rights in relation to the transaction and threatened to commence proceedings in the indian courts in order to enforce those alleged rights, including by preventing completion of the transaction. on 15 march 2007, the company entered into a conditional .....

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Sep 15 2014 (HC)

S.A. Vitol Vs. Bhatia International Limited

Court : Mumbai

..... (c ) of section 47(1) of the act is only for the convenience of the court in seeing the foreign award and the agreement under which the reference to the arbitral tribunal was made. that done, there is sufficient compliance ..... fixed deliveries at specified dates. this would be the amount for fe payable by an indian person to the counterparty abroad. when the international market collapsed in 2008 and the prices of the goods to be traded, being coal, came down, bil would not have been in a position to honour its commitments and ..... levied. bil was to accept the delivery at a fixed price. vitol had to supply the coal at that price. certain guaranteed price was payable. in 2008 the market collapsed worldwide. bil had not hedged its loss. bil may not have been able to take delivery of the coal supplied in the four installments ..... /c) were to be so covered. he would argue that the parties went to arbitration under clause 19 of the agreement between the parties dated 14th april, 2008 and that the question of scota was never raised in the arbitration. 7. it may be mentioned that the requirement of sub clauses 9(a),(b) and ..... the contract between the parties contained in clause 25(1) of the master agreement dated 14th april, 2008 and that the award is against the provisions of law in india being section 8 of the foreign exchange management act, 1999 (fema) and as such would be contrary to public policy of india. these separate .....

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Apr 08 2015 (HC)

POL India Projects Limited and Another Vs. Aurelia Reederei Eugen Frie ...

Court : Mumbai

..... rate of 5.5% per annum compounded at three monthly from 24th october, 2008 to the date of payment. 12. in the meanwhile, the respondents filed an application under section 9 of the arbitration act in this court (arbitration petition no.524 of 2011) for interim measures. the said arbitration petition ..... the parties, the deed of guarantee and also the order passed by this court in arbitration petition no.524 of 2011. 16. on 12th september, 2008, the petitioners informed the broker of the respondents that the petitioners were acting only as brokers for and on behalf of the said d.b. ..... the english arbitration act. in my view, the reliance placed on the judgment of this court in case of oil and natural gas corporation ltd. (supra) is thus totally misplaced. 123. in so far as judgment of this court in case of jimmy construction pvt. ltd.,nagpur (supra)(2008) 3 mah. ..... act if the jurisdictional or declaratory award is not challenged within the time prescribed before the appropriate court, such award becomes final and the party looses right to challenge said award in future. the reliance placed by the learned counsel on the judgment of this court in case of jimmy construction pvt. ltd.,nagpur (supra)(2008 ..... recognised. even if as between two contracting parties the title may pass, while exercising the discretion under sec. 20 of the specific relief act, court will have to consider whether it should be a party to a transaction for which permission is not obtained from the reserve bank of india .....

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Oct 19 2013 (HC)

Maharashtra State Electricity Distribution Company Ltd. and Another Vs ...

Court : Mumbai

..... the domain of the arbitral tribunal. thirdly, it was submitted that the award of damages could not be challenged under section 34 of the said act as held by the supreme court in mcdermott vs. burn standard (2006 (11) scc 181). the learned senior counsel invited our attention to paras 102, 106, 110 and ..... in respect whereof there was no dispute or difference; or (vi) whether the award is vitiated by internal contradictions. ? thirdly, the apex court in delhi development authority vs. r.s. sharma and co. (2008) 13 scc 80), has observed in paragraph 21 as under:- ??21. from the above decisions, the following principles emerge: (a) an ..... ongc vs. saw pipes (2003) 5 scc 705)(paras 1, 13, 15, 22, 31, 72, 74) (2) delhi development authority vs. r.s. sharma and co. (2008) 13 scc 80)(paras 20, 21) (3) steel authority of india limited vs. gupta brother steel tubes ltd. (2009) 10 scc 63)(paras 17, 18) (4) j.g ..... senior counsel for the parties. this appeal by special leave was filed against order dated 22nd of october, 2008 of the high court of judicature at bombay in appeal no.672 of 2005 whereby the high court had allowed the appeal of the respondent herein and set aside the order dated 3rd august, 2005 passed ..... hence relying upon the case of delhi development authority vs. m/s. r.s. sharma and co. new delhi 2008 11 scale 663 @ 672in paragraph 12 he contended that under section 34 of the act, the award was liable to be set aside. he contended that such an award was contrary to the substantive .....

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Aug 26 2014 (HC)

M/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise

Court : Mumbai

..... the assessee was not entitled to. in the context of the definition of ??storage and warehousing' as falling under section 65(102) of the finance act, the court considered the definition of 'input' and 'input service' under the credit rules and in that context it was observed in paragraph (7) that the definition ..... elt 326 (kar); (e) cce new delhi vs. hindustan sanitary-ware and industries ltd. (2002(145) elt (sc)); (f) orders of the bombay high court dated 7.10.2008 in cce, mumbai vs. n.r.c. ltd. ? (vii) that the towers and shelters are used for providing telecommunication services on which service tax has been ..... cellular operators association of india and ors. vs. municipal corporation of delhi etc., (179 (2011) dlt 381); (ix) collector of central excise vs. hutchison max telecom p.ltd.,(2008(224) elt 191 (bom.)); (x) commissioner of c.ex. nagpur vs. ultratech cement ltd. (2010(20) str 577 (bom)); (xi) coca cola india pvt. ltd ..... of the credit under the credit rules,2004. 10. the commissioner adjudicated the demand cum penalty notices dated 23.4.2007, 8.2.2008 and 23.10.2008 by passing an order in original dated 23.3.2009. by this order, the commissioner disallowed the appellant's claim for credit amounting to ..... 2004 to september 2005 three further show cause cum demand notices were issued issued covering the period october 2005 to march 2008 dated 23.4.2007, 8.2.2008 and 23.10.2008 making an aggregate demand of rs.15,40,63,898/- as also interest and equivalent penalty was demanded. 9. .....

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