Skip to content


Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: mumbai Page 6 of about 92 results (0.031 seconds)

Aug 20 2014 (HC)

JSW Steel Ltd. Vs. AI Ghuriar Iron and Steel LLC

Court : Mumbai

..... it would contravene a contract entered into by it with its employer relating to disclosure of confidential information. mr. kamdar took the court through the various provisions in the indian evidence act from section 118 to 129 to show specified bar to give evidence and which does not contain the bar relating to confidential information. ..... 2009) 2 scc 494 which was a case of contract that was entered pre amendment but which was ultimately decided by the supreme court post amendment of section 28 of the contract act. the claims in that case were raised in 1991. the cause of action arose in 1991, reference to arbitration was made by ..... be extinguished or the liability discharged have been held to be not valid in view of section 28 (b) of the contract act. the court followed the earlier decision in the case of explore computers pvt. ltd. vs. cals ltd. 131 (2006) dlt 477 which considered the supreme ..... a contract void. 28. there has been a later division bench judgment of the bombay high court being the case of m/s. indusing bank ltd. vs. union of india and ors. in appeal no. 258 of 2008 dated 20th april, 2011 in which the period of the validity of the bank guarantee was set ..... in section 28 by amendment act 1 of 1997. 32. mr. kamdar drew my attention to the judgment in the case of official liquidator vs. dayanand (2008) 10 scc 1 about the judicial discipline that must be followed between different benches of high courts. in para 78 of the judgment the supreme court has set out the position .....

Tag this Judgment!

Apr 22 2016 (HC)

Adi Dara Patel and Others Vs. S. R. Jondhale and Others

Court : Mumbai

..... its joinder as a party defendant in the suit. that prrayer was rejected as not pressed. therefore, the chamber summons for the other reliefs, namely, leave of the court to regularise the act of taking possession of the land, which is custodia legis, does not survive. those reliefs cannot be granted once the chamber summons as a whole is dismissed as not ..... in the state. there is thus clear delay in filing the writ petition and the writ petition is therefore liable to be rejected. (see swaika properties vs. state of rajasthan ((2008) 4 scc 695)) 89. it is submitted that the conduct of the petitioners is not clean and un-blemishable. the petitioners are attempting to approbate and reprobate a clear designed ..... (see pg. 223- 226/wp part ii) (ii) panchanama and possession receipt dated 28th march, 2007 (see pgs. 226 and 225/wp part ii) (iii) tabulated statement dated 20th february, 2008 (see pg./234/wp part ii) whereas, the following documents mention the date as 9th march, 2007:- (i) notice under section 11 dated 29th march, 2007 (see pg. 227-228 ..... ram singh vs. state of u. p. and ors. civil misc. writ petition no. 37964 of 2009 order dated 27th july, 2015 (high court of allahabad). (x) swaika properties (p) ltd. and anr. vs. state of rajasthan and ors. (2008) 4 scc 695. (xi) the state of bombay vs. morarji cooverji (1958) vol. lxi b. c. r. 318. (xii) m. p. mittal .....

Tag this Judgment!

Sep 17 2013 (HC)

M/S. Vidarbha Winding Wires Ltd. and Others Vs. State of Maharashtra, ...

Court : Mumbai Nagpur

..... . the division bench found that legislation allowed benefit only on proportionate part of turn over. in earlier challenge, vide the judgment dated 13.10.2008 in case of pee vee textiles, the earlier division bench had found that in absence of rules prescribing the ratio, the deputy commissioner was not ..... while appreciating such schemes. 21. in pepsicoindia holdings (p) ltd. v. state of kerala, (2009) 13 scc 55, at page 77 , hon. apex court has observed : ??53. an exemption notification and a notification withdrawing the benefit granted would, however, stand on different footings. for the said purpose, the industrial ..... 8.6.1995 and it reads:-- ??-section 41c- cancellation of certificate of entitlement (1) notwithstanding anything contained in this act, or in any judgment, decree or order of any court or tribunal to the contrary, the certificate of entitlement issued in favour of an eligible unit by the commissioner in respect of ..... of the provision. ? 22. we find that the division bench of this court considers the original 1979 scheme as also amendment made to it vide gr dated 5.7.1982 in judgment reported at 2008 (12) ljsoft 203-2008(s) bom.c.r. 92- vinods/o ratilal patira vs. commissioner of sales ..... tax and ors. however this judgment considers the position of law prevailing prior to addition of s.41c to the state act. petitioners in this reported judgment had .....

Tag this Judgment!

Mar 24 2015 (HC)

Punj Lloyd Ltd. Vs. Hindustan Petroleum Corporation Ltd.

Court : Mumbai

..... of the contract is not liable to pay compensation and it would be against the specific provisions of section 73 and 74 of the indian contract act. the supreme court held that in the said clause, it was specifically mentioned that it was agreed genuine pre estimate of the damages duly agreed by the parties. ..... to the petitioner, the said completion certificate dated 1st march 2008 issued by the said eil would indicate that the petitioner had completed the activities in terms of clause 3 of the dloa in respect of both spreads ..... the petitioner that in response to the request of the petitioner, the said eil issued a copy of the completion certificate to the petitioner on 1st march 2008. in the said letter, the said eil recorded that it had sent to the respondent the said certificate along with final bill of the petitioner. according ..... i and ii within the respective extended completion dates. 33. on 15th september 2008, the petitioner issued to the respondent a notice under article 14 of the general conditions of contract to commence arbitration. on 14th october ..... 2008, the respondent appointed shri. r. krishnan, a retired officer of the respondent as the sole arbitrator. 34. pursuant to the directions issued by .....

Tag this Judgment!

Jul 24 2014 (HC)

Oil and Natural Gas Corporation Limited Vs. Soconord OCTG and Another

Court : Mumbai

..... learned judge is therefore, factually incorrect. 45. further, considering the provisions of the contract, the question raised does not even arise. the supreme court has not held that once there is liquidated damages clause in respect of a particular claim, damages cannot be awarded although they arise on account of ..... into consideration. the provisions of the contract were construed and analysed, the evidence and correspondence was also considered. it is not open for this court to re-appreciate the evidence. the view taken by the umpire is not only a possible one but in fact appears to be the correct ..... learned umpire, after construing the terms and conditions of the contract, the conduct of the parties and the law, including the judgment of the supreme court in hind construction contractors v. state of maharashtra, air 1979 sc 720, came to the conclusion that the other clauses in the contract did not ..... had referred their disputes to the arbitration. as the arbitrators could not agree, they referred the disputes and differences to a retired judge of the supreme court (v.d. tulzapurkar, j.) as an umpire. the learned umpire by his award dated 20th december 1999, dismissed soconord's claim and allowed ongc' ..... had complied with the provisions of section 55 of the indian contract act. (b) ongc filed the above appeal no.516 of 2002 against the said judgment. by an order dated 2nd september, 2008, a division bench of this court directed the learned single judge to record his findings on all the .....

Tag this Judgment!

Jun 11 2012 (HC)

M/S. Abhishek Builders and Developers and Others Vs. the City and Indu ...

Court : Mumbai

..... other documents placed on record and relevant provisions of the mrtp act, 1966 and also the navi mumbai disposal of lands (amendment) regulations, 2008. our attention was also invited to the various judgments of the supreme court and this court on subject by the counsels appearing for the respective parties. 45. at this stage, it is apposite to refer to the notice under ..... inconveniences it has to be curtailed to that extent. so no exemption should be granted affecting the public at large. various development rules and restrictions under it are made to ward off possible public inconvenience and safety. thus, whenever any power is to be exercised, the government must keep in mind, whether such a grant would recoil on the public ..... petition 1077 of 2007, reproduced herein above, we are in complete agreement with the said findings/observations therein in respect of interpretation of the relevant provisions of the said act dealing with regularization of the statutory scheme. in view of the said observations/findings of the division bench, we do not feel it necessary to burden this judgment by ..... , navi mumbai. they are also members of the "green cooperative housing society ltd. (proposed)" registered with registrar of the cooperative societies under the provisions of the maharashtra cooperative societies act, 1960. 43. on careful perusal of the facts and submissions in the writ petition, the facts stated in the petition and submissions are almost identical to other two writ petitions .....

Tag this Judgment!

May 06 2013 (HC)

Pishu Mulchand Mahtani and Others Vs. State of Maharashtra and Another

Court : Mumbai

..... is obliged to examine the nature of allegations made in the complaint and then summon the accused. he should not, as emphasized by the honourable supreme court, act as a silent spectator. however, in the facts of this case, to my mind, the learned magistrate has scrutinized the complaint allegations carefully and by ..... the contravention is established then the penalty is to follow. ? 32 in the case of union of india v/s dharmendra textile processors reported in (2008) 13 scc 369, the earlier judgments were referred to and followed in arriving at the conclusion that in interpreting the penal provisions and statutes, considerations ..... circumstances the municipal corporation performed its public duty and filed a criminal complaint. it is not as if the complaint has been filed in criminal court hastily or without application of mind. the officers in the fire department are senior enough and equally matured to understand and appreciate difficulties faced by ..... ) 1998 cr.l.j. 1 (supreme court), m/s pepsi foods ltd. v/s special judicial magistrate. (8) (2010) 3 scc 330, national small ..... n.mehta). (4) 2002 cri.l.j. 4155 (madras high court) s.n.bangurv/s m/s klen and marshalls mrfs. and exporters pvt.ltd.. (5) air 1983 sc 67 (municipal corporation of delhi v/s ram kishan rohtagi and others). (6) (2008) 5 scc 668 (maksudsaiyed v/s state of gujarat). (7 .....

Tag this Judgment!

Dec 21 2012 (HC)

Steel Authority of India Limited and Another Vs. M/S. Mercator Lines L ...

Court : Mumbai

..... . the arbitrator has completely mis-understood the contract between the parties and based its finding on irrelevant considerations. (j) though the interference under section 34 of the act is limited, this court and the apex court has held in the cases where arbitrators findings are perverse, contrary to the contract and in non-consideration with the admitted facts, the award needs to be ..... substitute its view in place of the interpretation accepted by the arbitrator. 44. the legal position in this behalf has been summarized in paragaph 18 of the judgment of this court in sail v. gupta brother steel tubes ltd. (supra) and which has been referred to above. similar view has been taken later in sumitomo heavy industries limited. v. ongc ..... parties. since the petitioner did not pay the amount of demurrage charges, freight and amount towards currency fluctuation, the respondent invoked arbitration clause contained in the agreement dated 19th april 2008 by making a reference to the indian council for arbitration, new delhi. 10. the indian council for arbitration forwarded three names of arbitrators to the petitioner and the petitioner gave ..... consent for mr.h.m.singh to be appointed as a sole arbitrator. the respondent filed its statement of claim on 24th june 2008 and the petitioner filed its reply and counter claim on 24th october 2008. the respondent filed its rejoinder and defence to counter claim on 27th january 2009. 11. the claim of the respondent before the arbitrator was .....

Tag this Judgment!

Dec 24 2014 (HC)

M/s. Flemingo (Duty Free Shop) Pvt. Ltd. and Another Vs. The Commissio ...

Court : Mumbai

..... , mumbai vs. n.h. polymers. 28. therefore, it may be as mr. sonpal contented there should be an express exclusion of section 5 of the limitation act, 1963, so as to disable the court from condoning the delay in filing any application. he urges that there is no such express exclusion. the division bench erroneously read the word ??only ? in section ..... in arriving at this conclusion, we are fortified by the judgment of a bench of three judges of the supreme court in consolidated engineering enterprises v. principal secretary, irrigation department [2008 (7) scc 169]. section 34 of the arbitration and conciliation act, 1996 specifies that an application for setting aside an arbitral award may not be made after three months have elapsed ..... of them are well conversant with various statutory provisions including fema. one of them was declared a notified person under section 3(2) of the special court (trial of offences relating to transactions in securities) act, 1992 and several civil and criminal cases are pending against him. the very fact that they had engaged a group of eminent advocates to present ..... from the date on which the party making that application had received that arbitral award. under the proviso, if the court is satisfied that the applicant .....

Tag this Judgment!

Jun 11 2014 (HC)

Susme Builders Private Limited and Others Vs. Chief Executive Officer ...

Court : Mumbai

..... severally, by themselves or through their servants, agents and office bearers be restrained by an order of injunction of this hon'ble court to act upon the letters terminating the powers of attorney dated 20th june 1995 and 18th may 2008; (ii) in any manner dealing with, disposing off, alienating, encumbering, transferring, creating any their party rights and/or parting with possession ofany ..... are necessary to achieve the object of the said agreements; (d) that in the event of this hon'ble court holding and not otherwise that the agreement described in prayer clauses above cannot be specifically performed in ..... exercise of powers of judicial review. 130. a full bench of this court in the case of tulsiwadi navnirman co-op. hsg. soc. ltd. and anr. vs. state of maharashtra and ors. - 2008 (1) all mr 318, in the context of judicial review of action taken by authorities under the slum act, has observed thus: ??a) while exercising the jurisdiction and powers under ..... 'ble court directing the defendant no.1 society to specifically perform its obligations as cast in the development agreement viz. agreement dated 10th july 1995 read with supplemental agreement dated 7th january 1998 read with supplemental development agreement dated 5th september 2006 read with powers of of attorney dated 20th june 1995 and 18th may 2008 and to do all such acts that .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //