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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: mumbai Page 2 of about 92 results (0.039 seconds)

Jan 28 2014 (HC)

Mitsui Osk Lines Ltd., (Japan) Vs. Orient Ship Agency Pvt Ltd. (India)

Court : Mumbai

..... petitioner, it can resist the enforcement of the award on the same grounds on which it could have challenged the award under section 34 of the act. supreme court in its recent judgment in case of shrilal mahal ltd. vs. progetto grano s.p.a. jt 2003 (11) sc 84 has held ..... 2002 and 5th june 2002, petitioner terminated the agency agreement. petitioner thereafter filed an application under section 9 of the arbitration and conciliation act, 1996 in this court inter alia praying for injunction against the respondent from operating the bank account bearing no.44000531 with the sumitomo mitsui banking corporation. by an ..... to all the films covered by the licence agreement and therefore the subject matter of the two is not the same. 22. suit no.959 of 2008 has been filed alleging the existence of the joint venture agreement the licence agreement dated 23rd april 2005. it is not disputed that the film "tashan ..... the remedy of arbitration and then filed a suit. mr kamat placed reliance on the judgment of this court in case of onyx musicabsolute.com. pvt. ltd. vs. yash raj films pvt ltd. and ors. reported in 2008 (6) bom.c.r. 418and in particular paragraphs (21) to (23) in support of his ..... proceedings on the ground that suit for identical reliefs was pending in this court paragraphs 20 of the said judgment of delhi high court reads thus: 20. the said suit has been withdrawn by the defendants on 23rd october, 2008 stating, inter alia that the matter between the parties is covered by arbitration .....

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May 02 2012 (HC)

E.S. Sanjeeva Rao Vs. Central Bureau of Investigation)(C.B.i.), Mumbai ...

Court : Mumbai

..... 9, 10 and 11 of the complaint; the sole basis being the balance-sheet between the period 2004-05 and 2008-09. the cbi practically, therefore, acted as an appellate court and on the basis of the order passed by the petitioner came to the conclusion that though dues ought to be ..... strenuously urged that sub- section (1) deals with judicial independence, whereas sub- section (2) deals with judicial accountability and, therefore, the high court while acting under its writ jurisdiction under article 226 of the constitution of indian and under inherent jurisdiction under section 482 of the criminal procedure code was not competent to ..... sub-section (1) and, as such, despite protection being granted to a judge under sub-section (1), central government, state government, supreme court or high court can institute civil, criminal or departmental proceedings against the judge and, therefore, the proceedings cannot be quashed at the inception and in view of sub ..... the privy council in phanindra chandra vs. king (air 1954 sc 455) and by the supreme court in shreekantiah ramayya munipalli vs. state of bombay (air 1955 sc 287) and in amrik singh vs. state of pepsu (air 1955 sc 309) 36. in our view, therefore, sub-section (1) of section ..... (3) of the said act has to be interpreted to mean that the protection which is afforded to a judge is for an act which has been performed during the course .....

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May 09 2014 (HC)

Perma Container (Uk) Line Limited and Another Vs. Perma Container Line ...

Court : Mumbai

..... . it is not the case of the resplendent herein that the petition for seeking enforcement of foreign award filed by the claimant is not maintainable under part ii of the act. this court in case of m/s.louis drefus commodities pte ltd. vs. govind rubber ltd. in the judgment delivered on 4th february 2013 in arbitration petition no. 174 of 2012 ..... judge of the delhi high overruled the objection of the respondent and held that it has the jurisdiction to entertain the petition filed under section 9 of the act. considering these facts, supreme court held that notwithstanding clause 33 which provided that the contract shall be governed by indian law, parties had also agreed that arbitration agreement contained under article 34 shall ..... refuse enforcement under section 48 as that is a statutorily prescribed ground for refusal of enforcement. mr. d'vitre learned senior counsel distinguished the judgment of supreme court in case of dadudayalu jaipur trust (2008) 11 scc 753 relied upon by mr. pratap learned senior counsel on the issue of estoppel and invited my attention to paragraph 30 of the judgment of ..... global engineering v/s satyam computer services ltd. reported in (2008)4 supreme court cases 190. 33. it is submitted by the learned senior counsel that in the arbitration petition filed by the claimant u/s 9 of the arbitration act in this court, the claimant had specifically relied upon the judgments of supreme court in case of bhatia international (supra) and venture global engineering .....

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Sep 25 2012 (HC)

State of Maharashtra Vs. Purushottam Dashrath Borate and Another

Court : Mumbai

..... proof beyond reasonable doubt does not stand altered even after the introduction of section 498-a ipc and section 113-a of indian evidence act. although, the court's conscience must be satisfied that the accused is not held guilty when there are reasonable doubts about the complicity of the accused in respect ..... reward (b) a cold-blooded murder is committed with a deliberate design in order to inherit property or to gain control over property of a ward or a person under the control of the murderer or vis-a-vis whom the murderer is in a dominating position or in a position of trust ..... public prosecutor that the naib tahsildar had explained that he had committed an error in mentioning the date '16/1/2008' and that he realized this mistake when he saw the panchanama in court. in our view, explanation given by the naib tahsildar is a plausible explanation and the said mistake could have ..... submitted that after the initial report regarding blood of the accused was inconclusive, permission was obtained to take blood of the accused on 14/1/2008 and accordingly blood samples were taken on that date which was evident from exhibits 100 and 101. she submitted that this further corroborated the fact ..... . the learned public prosecutor then submitted that so far as identification parade is concerned, the fact that the identification was already held on 14/1/2008 was not disputed and, on the contrary, was admitted by the accused which was evident from the answer given by the accused to the questions .....

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Nov 26 2007 (HC)

R.K. Shinde and ors. Vs. Shekoba Auto Pvt. Ltd., a Company Incorporate ...

Court : Mumbai

Reported in : 2008(1)ALLMR277; 2008(1)BomCR602; (2007)109BOMLR2701; (2008)IILLJ1037Bom

..... amounted to the commission of unfair labour practice by the appellant as per schedule iv item 1 (a), (b), (d) and (f) of the maharashtra act (mrtu & pulp act, 1971. while dealing with the issue the supreme court has held as under:39. it has to be kept in view that the present proceedings arise out of a complaint filed by the respondent ..... shockingly disproportionate punishment. mr. singh, therefore, submitted that the learned single judge was right in holding that the case of termination should be tried by labour court as contemplated under section 7 of the mrtu & pulp act and the complaint will have to be filed under item 1 of schedule iv and item 9 cannot be invoked for the said purpose. the ..... of the case and that as it was the case of termination it will fall under item 1 of schedule iv of the mrtu & pulp act. it was, therefore, submitted that the decision rendered by the supreme court in the case of s.g. chemicals and dyes trading employees union and s.g. chemicals and dyes trading limited and anr. : (1986)illj490sc ..... misdirected itself while coming to the conclusion. 11. the points which arise for our determination are whether the complaint as preferred and filed before the industrial court under item 9 of schedule iv of the mrtu & pulp act, 1971 was maintainable or not and whether the complainants had been able to establish that the provisions of section 25o of the industrial disputes .....

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Mar 12 2008 (HC)

Abasaheb Yadav Honmane and Ashwini Abasaheb Honmane Vs. the State of M ...

Court : Mumbai

Reported in : 2008(2)MhLj856

..... as against an express bar in some other enactment. 3.16 in a very recent case titled as hamida v. rashid @ rasheed (2008) 1 scc 474, the supreme court took the view that a procedural code, however, exhaustive, cannot expressly provide for all time to come against all the cases or points ..... of justice or for the purpose of carrying out the other provisions of the code. it is a well established principle that every court has inherent power to act ex debito justitiae to do that real and substantial justice for the administration of which alone it exists or to prevent abuse of ..... right in proceeding on the basis that the allegations in the complaint prima facie constitute an offence under section 4 of the act and issuing processes to the respondents. the high court, we cannot refrain from observing, might well have refused to invoke its inherent powers at the very threshold in order to ..... v. state of andhra pradesh and anr. air 2008 scw 11, the supreme court again permitted quashing of proceedings taken out against the husband under sections 498a of the code, 106 i.p.c. read with sections 4 and 6 of the dowry prohibition act, 1961, on the ground that the continuation of ..... the process of the court. 3.17 still in one more recent judgment in som mittal v. govt. of karnataka special leave petition (cri.) no. 1719 of 2006 decided on 29.1.2008, the supreme court .....

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Jul 29 2008 (HC)

Shri Abdul Rehman Abdul Wahid Siddiqui @ Rehman Kashmiri Vs. Shri D.N. ...

Court : Mumbai

Reported in : (2008)110BOMLR2604

..... his associates were apprehended well before they could even make an attempt of actual commission of such an offence. 42. the judgment of the supreme court reported in : 2004crilj4600 relied upon by the learned app has no application to the facts of this case. however even in that judgment in paragraph ..... of detention is hampered by non supply of the particular document 30. the learned app also placed reliance on another decision of division bench of this court delivered in the case of khwaza babasahab chaudhary v. shri s. chakravarty and ors. in criminal writ petition no. 1207 of 2004, the ..... that after such remand applications were filed, the judicial custody remand of the detenu was extended immediately by the learned additional chief metropolitan magistrate, 2nd court, mazgaon. it further states that the bail application filed on behalf of the detenu was also rejected on 1 st december 2007 and that the ..... issue an order communicating the approval of the impugned order, on 26th october 2007 and was further pleased to confirm the impugned order on 25th january 2008. 3. the impugned order has been issued by the detaining authority, on the basis of material placed before it, which pertained to in camera ..... revolver loaded with three cartridges. however, as observed by two division benches of this court, mere illegal possession of a fire arm or weapon at a public place by itself, in the absence of any overt act on the part of the detenu cannot result into breach of public order. the relevant .....

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Feb 15 2008 (HC)

Mumbai Metropolitan Region Development Authority Vs. Unity Infraprojec ...

Court : Mumbai

Reported in : 2008(4)ARBLR313(Bom); 2008(5)BomCR196

..... , unless parties themselves expressly provide for a hierarchy among the different provisions or part of the contract' pollock & mulla, indian contract & specific relief act, 12th edition, pg. 267, volume 1.the courts may give effect to the intention of parties by...rejecting misnomers or surplusage [goldsmith ltd. v. baxter (1969) 3 all er 733]...and construing ..... by the institution of engineers cannot be faulted. in you one engineering and construction co. ltd. v. national highways authority of india : air2006sc3453 , the supreme court held thus:the arbitration agreement clearly envisages the appointment of the presiding arbitrator by irc. there is no qualification that the arbitrator has to be a different person depending ..... 44.2.25. a business like interpretation of contractual provisions must be adopted in construing contracts entered into by persons of business to govern business dealings. the court must ensure that interpretation of law in commercial cases must not be disjointed from the intent and object which those having business dealings seek to subserve. unless ..... recommending payments due to the contractor, issuing and valuing variations to the contract, recommending extensions of time and valuing compensation events.11. in interpreting a contract, the court cannot place emphasis on an isolated provision divorced from the context and unrelated to the other provisions which govern contractual obligations. contracts represent business understandings between the parties. .....

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Mar 05 2008 (HC)

Rajindar Karamsingh Walia Vs. Official Liquidator of Patel Synthetics

Court : Mumbai

Reported in : [2009]91SCL139(Bom)

..... in mind the observations made in the earlier part of this judgment and submit report to this court for such directions as may be advised.24. re.: company application no. 100 of 2008(a) the official liquidator has been appointed as provisional liquidator in terms of order dated 14-3 ..... movable assets could have been completed within a reasonable time), if not within the statutory period provided under section 457(2a) of the companies act. however, that happened only in 2003 and that delay is cited as justification not only for providing higher number of security guards round 'o ..... what prevented the official liquidator to proceed with sale of the properties in question in terms of provisions of section 457(2a) of the act within the specified time. if that were to be done within specified time, the necessity of continuing of such heavy security arrangement would not ..... company in liquidation for whom the official liquidator was expected to act as custodia legis. suffice it to observe that the claim of the applicant cannot be straightway accepted merely because of the communication from the ..... earlier part of this order i have already adverted to the pattern which flows from each assignment. the inescapable conclusion is, it is an act of commission and omission of the officials in the office of the official liquidator with purpose, completely disregarding the interest of the stakeholders of the .....

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Mar 31 2008 (HC)

Sunil S/O Eknath Patil Alias Chaudhary Vs. the State of Maharashtra (N ...

Court : Mumbai

Reported in : 2008(5)ALLMR376; 2008(4)BomCR653; 2008(5)MhLj436

..... . dabholkar, j.1. feeling aggrieved about the manner of implementation of government guidelines pertaining to appointment of project affected persons (pap for short), the petitioner has approached this court with prayer for threefold relief as under:(a) quash and set aside the requirement of submitting an application and competing with other candidates as provided in the advertisement dated 17 ..... , for which candidates are not available. (c) prohibiting the respondents and other authorities referred in section 10-6(a) and (b) of maharashtra project affected persons rehabilitation act, 1999 (act xi of 2001 for short) from filling in at least 5% posts in c and d category mentioned in the said sub-clauses, except from the category of project ..... is filed by shri abhijit bhande, working as tahsildar, raver, district jalgaon on behalf of respondent nos. 2 and 3, on 30.1.2008 and another reply is filed after arguments were over, on 29.2.2008 by shri sanjay bagade, chitnis (tahasildar), collector office, jalgaon. according to respondents, government has issued detailed instructions and guidelines for appointment of pap ..... radio, television and employment news bulletins; and then consider the cases of all the candidates who have applied.it must be taken into consideration that the honourable the apex court was dealing with general procedure for selection and appointment. it took a note of mischief at the level of employment exchange and, therefore, expressed that the candidates sponsored by .....

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