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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: mumbai Page 3 of about 92 results (0.032 seconds)

Nov 14 2008 (HC)

Mr. Madhukar V. Khandeparkar (Since Deceased by Legal Representatives, ...

Court : Mumbai

Reported in : 2008(111)BomLR102

..... recorded by the tribunal are based upon proper appreciation of factual and legal position and, therefore, no interference is called for by this court. according to learned counsel findings recorded by the mamlatdar and the additional collector, are patently wrong and have been rendered without considering the ..... two brothers. this being the position, in my considered opinion, section 3 of the mundkar act, 1975, does not advace the case of the petitioners.14. the judgments of the apex court in damadilal's case and gian devi anand's case (supra) relied upon by mr. ..... pleadings in the written statement filed before the civil court. according to the learned counsel neither consent of bhatkar nor fixed habitation, as required under mundkar act, has been proved by the petitioners to establish the claim of mundkarship. according to ..... powers provided under section 50 of the karnataka rent act. against the said judgment and order, original defendants preferred writ petition no. 55/1992 which was disposed of by judgment and order dated 23.01.1988. this court set aside the order passed by the tribunal primarily ..... court.7. i have considered the submissions made by the learned counsel for the parties and perused the record and the judgments relied upon on behalf of the rival parties.8. before considering the arguments advanced by the learned counsel on behalf of rival parties, it would be appropriate to quote definition of mundkar under the mundkar act .....

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Jul 03 2007 (HC)

Kapal Mehra Vs. Indusind Enterprises and Finance Ltd. and anr.

Court : Mumbai

Reported in : 2008(1)ALLMR116; III(2008)BC538; 2008(2)BomCR359; 2008CriLJ1134; 2007(6)MhLj58

..... has not been taken. more than this, i would not like to say anything further at this stage. i leave the entire matter to the discretion of the court concerned so that it may act according to law; i would, however, make it plain that the mere fact that the proceedings have been quashed against petitioner (accused no. 3) will not prevent ..... conduct of the business. unless both these conditions are fulfilled one cannot be tried under section 141 of the act read with section 138 thereof,12. learned counsel for the applicant while placing reliance on the judgment of the hon'ble supreme court in the case of pepsi foods ltd and anr. v. special judicial magistrate and ors. : 1998crilj1 , contends that the ..... conduct of the business of the company as held by the apex court in the case of sarojkumar poddar v. state (nct of delhi) and anr. 2007(1) m.lj. 1186 : 2007(4) m.l.j. 421 : air 2007 scw 656.19. while analysing section 141 of the n. i. act, it can be seen that it operates, in cases where an ..... additional chief metropolitan magistrate, 40th court, greater mumbai ('the trial court') filed by the respondent no. 1 - original complainant for the offence punishable under section 138 read with section 141 of the negotiable instruments act, 1881 ('the n.i. act' for short).2. considering the points involved in the three revision applications, on consensus, these revision applications have been heard together and are being .....

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Jun 23 2008 (HC)

Oil and Natural Gas Corporation Ltd. Vs. Essar Shipping Ltd.

Court : Mumbai

Reported in : 2008(6)BomCR440

..... matter of such construction of the contract is established, there cannot be any justification for interference in the award under section 34 of the said act. the decision of the apex court in (associated engineering co. v. government of andhra pradesh and anr.) reported in : [1991]2scr924 , rather than lending any assistance to ..... the arguments advanced on behalf of the appellant, justifies the view that we are taking in the matter. the decision of the apex court in (oil & natural gas corporation ltd. v. saw pipes ltd.) reported in : [2003]3scr691 , also is of no assistance in the matter in hand ..... the dry dock period/off-hire period, the contention contrary to the said finding cannot be entertained in petition under section 34 of the said act.15. whether there is a dispute regarding the fact that the goods were utilised for contractual operation or not is not a pure question of ..... regard arose in february, 1995 and hence the arbitral proceedings for the same could have been commenced, in terms of section 21 of the said act, within three years from the said date. referring to the letter dated 10-8-1998 by the respondent to the appellant, it was sought to ..... the impugned order of the learned single judge, the learned senior counsel appearing for the appellant submitted that in terms of section 21 of the said act, the arbitral proceedings commence on the day on which a request for the dispute to be referred to arbitration is received by the respondent. however .....

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Jun 15 2009 (HC)

Sandip Arjun Vazarkar Vs. Scrutiny Committee for Verification of Caste ...

Court : Mumbai

Reported in : 2009(111)BomLR2371

..... u.p. and ors. v. maharaja dharmander prasad singh etc. reported at : [1989]1scr176 , particularly paragraph 28 to urge that the petitioner is expecting this court to act as an appellate authority and this court cannot re- appreciate the evidence and record any finding in that respect. he, therefore, states that in the present circumstances, when the scrutiny committee has reached ..... this is the third writ petition filed by the petitioner in same cause. the petitioner has contested election from ward no. 8 of socorro village and has been elected as member or pancha of village panchayat. this court has, on 18.12.2008, granted ad interim orders whereby the invalidation of his caste claim by respondent no. 1 scrutiny committee for verification ..... caste certificate was given to petitioner without any application of mind by the authorities. the authorities like talathi did not record any statements of the neighbours or relatives and acted only on affidavit filed by petitioner and information supplied by him. we find that his application therefor was itself incomplete and could not have been entertained in normal situations. ..... also pointed out to urge that it does not overrule the view of learned single judge and takes other view of the matter only because of subsequent enactment i.e. act no. xxiii of 2001 i.e. maharashtra scheduled castes, scheduled tribes, de-notified tribes, (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance & .....

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Nov 10 2008 (HC)

Anita Nagindas Parekh and ors. Vs. Anil C. Pinto (Dr.)

Court : Mumbai

Reported in : 2009(2)BomCR183

..... upon hospital staff for which the hospital authority was held responsible. the other case was of a woman who was placed in the same ward with another person suffering from puerperal fever so that she also contacted it. the doctor was held negligent in not isolating the patient with ..... delegation of responsibility to another person may amount to negligence if there was knowledge that he was incapable of performing his duties properly. the court, therefore, considered damage for mental agony to the parents of the only living child in a vegetative state on account of negligence of ..... . bolam's case (supra) and the principles laid down therein have been continuously referred to, considered, followed and upheld all through in the supreme court judgments, including the case of achutrao haribhau khodwa and ors. v. state of maharashtra and ors. : [1996]2scr881 , which shall be dealt with ..... forceps' delivery required continuous reviewing. it had to be followed by a caesarian section. the caesarian section was impeccably performed. the question before the court was whether 'pulling with 5 or 6 contradictions' amounted to passing the limits of professional competence. the evidence showed that pulling could not be past ..... r. 582, is the test case followed in a number of english as well as indian supreme court judgments thereafter which is required to be analyzed with regard to the ambit of what act of a specialist medical professional being a surgeon or a physician would cause negligence.49. bolam's .....

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Sep 01 2010 (HC)

Messer Holdings Limited,and ors.Vs. Shyam Madanmohan Ruia,and ors.

Court : Mumbai

..... appeals. the same reads thus:n/m no.3230/2000 in suit no. 2499/1999(filed on 15/11/2000)"(a) that this hon'ble court may be pleased to grant leave to defendant no.3 to act pursuant to implement and enforce the consent arbitral award dated 21.9.2000.(b) ad-interim relief in terms of prayer (a) above; (c ..... /s. d.l.f. housing and construction (private) ltd. & anr. reported in air 1968 sc 1355. in the said case the court had occasion to consider some what similar situation. on construing section 37 of the specific relief act, the court opined that the same expressly provides that a plaintiff suing for specific performance of the contract can alternatively sue for rescission of ..... .12.(f) that pending the hearing and final disposal of the above appeal, respondent no.10 and 12 be restrained by an order and an injunction of this hon'ble court restraining them from in any manner, whatsoever, acting in pursuance of, in implementation of or in furtherance of the alleged development agreement referred to in the corporate announcement dated 05.02 ..... .2008 (exhibit "c") of respondent no.10.(g) that pending the hearing and final disposal of the above appeal, respondent no.12, their servants, agents be restrained by an order and injunction of this hon'ble court from .....

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Jun 08 2009 (HC)

Shri Harischandra Lekhraj and anr. Vs. Shri Bhalchandra Naik

Court : Mumbai

Reported in : 2009(111)BomLR2263

..... lease area or that it is otherwise a private road owned by the petitioners, the access claimed by the respondent cannot be disallowed by any court. consequently, if the acts alleged by the respondent in his criminal complaint no. 40/p/89 and the corroborative statements of his witnesses can be rejected outright only if ..... since no case is made out against the accused, who was the manufacturer of the bottle under section 7 of the prevention of food adulteration act, 1954. the supreme court considered that the complaint merely showed that that accused had only given their brand name for bottling the beverage. the complaint did not show ..... of this country to redress a criminal wrong done to him. indeed, if the initiation of the criminal process itself is an abuse of the court, the court would have an inherent power to put an end to the abuse by quashing that process.24. the facts of this case have shown that there ..... law in so abusive a manner. the petitioners filed a revision against the order issuing process on 10.12.2007. by the order dated 5.3.2008, the revision came to be rejected upon it being seen that the process was issued since a cognizable offence was made out. the petitioners have set ..... in criminal case no. 20/p/2005 and the order of the ad-hoc additional sessions judge, fast track court at panaji in criminal revision application no. 89 of 2007 dated 5.3.2008.2. the parties have been involved in a series of litigation by and between them essentially of civil nature pursuant .....

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Oct 16 2009 (HC)

Yair Daniel Lavon Vs. the State of Goa Through Anti Narcotic Police

Court : Mumbai

Reported in : 2009(111)BomLR4573

..... by the accused who has been convicted and sentenced under section 20(b)(ii)(c) of the n.d.p.s. act, 1985 act, for short) in special criminal case no. 8/2008 by judgment dated 19-1-2009.2. the raid in this case was conducted by police inspector suraj halarnkar/pw7 of anc ..... in the laboratory, to a question in cross examination, has stated that he could not answer whether the contraband contained cow dung also and the apex court came to the conclusion that the isolated answer was hardly sufficient to destroy the evidence of that witness.40. considering the facts of the case and ..... quantity and it was contended that its percentage content of heroin translated into weight that is relevant and that is the contention which was ultimately accepted by the court. relying on its earlier decision in the case of ouseph alias thankachan v. state of kerala : (2004) 4 scc 446, it was held that ..... could not have been more than six months and which period the accused has already undergone. learned counsel further submits that the view held by this court earlier in the case of shri vijaykumar ghale v. the state (unreported judgment dated 15.6.2006 in criminal miscellaneous application no. 196 of 2006) ..... an independent witness until it is proved that he was dependent on the police or other officers for any purpose or whatsoever. further, the apex court has stated that the necessity for independent witness' in cases involving police raid or police search is incorporated in the statute not for the purpose of .....

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Mar 18 2009 (HC)

Maharashtra State Electricity Distribution Vs. Dsl Enterprises Pvt. Lt ...

Court : Mumbai

Reported in : 2009(4)BomCR843; 2009(111)BomLR1246; 2009BusLR326(Bom)

..... 'snatched '. if any purchaser fell out, many would take his place. in such cases the award for damages would have been purely nominal. the court considered that the situation in that case was different and that there was, then no demand for the motor cars such that they could be readily absorbed ..... quantification of damages even if it was based upon guesswork. (see also cheshire supra). hence 10% the contract price granted as damages by the trial court was held reasonable and permissible though in the other 2 cases cited therein 15% of the contract price was allowed on damages.67. further in the ..... when faced with such a situation that a precise quantum of damages could not be calculated because of insufficiency of material placed on the record, the court may form its own conclusions on matters in respect of which there is no evidence, on a reasonable basis and the defendant s must be paid ..... price the goods would have fetched and hence, the damages could be correctly determined. relying upon the case of a.v. joseph (supra) the court considered the fact of the plaintiff not having led sufficient evidence to show the details of damages, despite which the privy council held that the plaintiff ..... precise and proper. hence, relying upon the case of delhi development authority v. r.s. sharma & co., new delhi : 2008(11)scale663 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 provisions of law .....

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Jan 22 2009 (HC)

Adv. Aires Rodrigues Vs. the State of Goa by Its Chief Secretary and o ...

Court : Mumbai

Reported in : 2009(111)BomLR737

..... question whether a person holds an office of profit under the governemnt, each case must be measured and judged in the light of the relevant provisions of the act. in paragraph 36 the court held thus: (scc p. 447)36. the question whether a person holds an office of profit, as already noticed, is required to be interpreted in a ..... singh, it is observed that historical facts and surrounding circumstances can always be taken into consideration by the court while interpreting the provisions:it has already been noticed that the court is entitled to take into account 'such external or historical facts as may be ..... of goa relied upon the divisional manager, aravali golf club and anr. v. chander hass and anr. (2008)1 scc 683, in support of his contention that creation and sanction of posts is a prerogative of executive and legislative authorities and the court cannot arrogate to itself this purely executive or legislative function and direct creation of posts in any organisation ..... well as representation of people act, 1951. this approach, thus, clearly establishes that the exercise of executive power by the state has to be in conformity with the constitutional limitation and mandate. the constitutional provisions cannot be circumvented by recourse to methodology which is otherwise not permissible.28. in `principles of statutory interpretation' (11th edition, 2008) by justice g.p. .....

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