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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: mumbai Page 7 of about 92 results (0.036 seconds)

Oct 01 2014 (HC)

Municipal Labour Union and Others Vs. The State of Maharashtra, Throug ...

Court : Mumbai

..... regard the role of a municipal councillor needs to be emphasized. in the context of a municipal representative and representing population of the ward or constituency the honourable supreme court in air 2002 sc 1124 (baldev singh gandhi v/s state of punjab) held as under: ??9. ? . the ..... local body tax in lieu of octroi by issuing identical notifications previous to the presently impugned one have approached this honble court by challenging the impugned act and rules as also the notifications identical to the presently impugned one dated 25.02.2013. that all the said ..... would be defeated and frustrated. 48. we do not find any basis for this apprehension. these submissions overlook the provisions of the said act. the said act firstly sets out the definition of ??corporation ? . the ??corporation ? is defined in the constitution itself. it is an entity which ..... to help the traders, the respondent no.1 vide a notification dated 21st october, 2008 sought to impose cess on the d class municipal corporations governed under the provisions of the said act in place of octroi. there are 16 such municipal corporations which fall under d class ..... in the state of maharashtra. the respondent no.1, however, realized the mistake in implementation of cess as the same would be totally non feasible and against the interest of the municipal corporations. the respondent no.1 vide a notification dated 15th november 2008 .....

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Jan 22 2014 (HC)

Hsbc Pi Holdings (Mauritius) Limited Vs. Avitel Post Studioz Limited a ...

Court : Mumbai

..... whether the said case falls within the jurisdiction of the arbitrator and if it was, whether the procedural requirements under section 8(2) of the act had been complied with to the satisfaction of the court supreme court considered the submission made by the respondents that when a case involves substantial questions relating to facts where detailed material evidence was needed to be ..... agreement between the parties except the extent of applicability of section 9. it is submitted that thus this proceedings under section 9 of the arbitration and conciliation act, 1996 is thus maintainable in this court for the purpose of granting interim measures though for all other parties, the law of singapore would apply to the arbitration proceedings. the submission of dr. tulzapurkar ..... this, that the company has become commercially insolvent and, therefore, should be wound up. the power to order winding up of a company is contained under the companies act and is conferred on the court. an arbitrator, notwithstanding any agreement between the parties, would have no jurisdiction to order winding up of a company. the matter which is pending before the high ..... in (2008) 11 scc 753 on the ground that two judges of the supreme court did not noticed the judgment of the three judges reported in air 1960 sc 941. it is submitted that the petitioner is relying upon the jurisdictional award and not applying for enforcement of the said award in this proceedings filed under section 9 of the arbitration act. if .....

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Feb 10 2015 (HC)

Seemaben @ Shamuben Shankar Patel Adult alias inhabitant Vs. otibhai K ...

Court : Mumbai

..... vital evidence in arriving at its decision, such decision would necessarily be perverse and can be set aside under section 34 of the said arbitration act. the supreme court in the said judgment has not decided contrary to its earlier judgment in the case of oil and natural gas corporation ltd. vs. western geco ..... limitation was raised by the petitioner in the application filed by the respondents for appointment of the arbitrator under section 11 of the said act filed in this court. the parties, by consent, had referred the disputes enumerated in the order to the learned arbitrator for adjudication without reserving any liberty to ..... law that a decision which is perverse or so irrational that no reasonable person would have arrived at the same will not be sustained in a court of law. perversity or irrationality of decisions is tested on the touchstone of wednesburyprinciple of reasonableness. decisions that fall short of the standards of ..... ,947/- towards the arrears of maintenance and the repair funds. on 31.07.2008, the petitioner paid a sum of rs.40,947/- and rs.40,000/- by two separate cheques to the society. the society issued two receipts ..... the petitioner entered into a leave and licence agreement with said babubhai k. patel on 25.01.2008 for a period of 24 months i.e. upto 31.01.2010. in the month of may, 2008 the said jai pragati co-operative housing society ltd. demanded from the petitioner a sum of rs.80 .....

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Nov 18 2014 (HC)

Dr. Kalpana Pundlik Jamdade and Others Vs. The State of Maharashtra an ...

Court : Mumbai Aurangabad

..... criminal case in view of the facts of that case. the reasoning is given on the basis of the facts of that case and due to the provisions of the act, this court is avoiding to discuss the reasons given in that proceeding. similarly, the facts of other case,criminal writ petition no.206/2013, decided by other hon'ble judge of ..... ground taken by the petitioners. further, the complainant was originally appointed as tahsildar, he was working on deputation in the corporation and he was discharging the duties as prabhag adhikari / ward officer (officer mentioned in state notification) and this circumstance also cannot be ignored. it will be a matter of evidence, to prove this contention. 25) copy of judgment delivered in ..... order made by the commissioner of nanded municipal corporation, copy of which is at exhibit "g". ??hindi ?? the order shows that the assistant commissioners of the corporation were working as ward officers of respective areas of the corporation. this order was issued on 17th june 2011 and the action was taken subsequent to the date of the order by the assistant ..... in the corporation. it is contention that there is no separate cadre of prabhag adhikari/ward officer in this corporation and so the assistant commissioners are working as prabhag adhikari. 8) in the reply affidavit the respondent has placed reliance on the cases reported as : (i) (2008 4 scc 471 (cbi v. k.m. sharan); (ii) (2010) 11 scc 226 (state of .....

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Oct 19 2012 (HC)

Mumbai District Co-operative Bank Ltd. Vs. Co-operative Bank Employees ...

Court : Mumbai

..... to take cudgels on behalf of the service provider. final reliefs at interim stage 18. under section 78(1)c of the bir act, the labour court is empowered to direct an employer to withdraw temporarily any change, the legality of which is a matter of issue in any proceeding pending ..... cooperation department, state of maharashtra. if such application is made, the labour court shall pass appropriate orders on the said application in accordance with law after hearing the union, within a period of 6 weeks from the date ..... of the bank that its operations are likely to be adversely affected, i grant liberty to the bank to make appropriate application before the labour court for the purpose of outsourcing specified non core banking activities (specifying therein the exact nature of duties), after getting necessary noc from nabard as also ..... in specialized area of i.t.-maintaining and housekeeping of database report writing and query writing. e. skilled services in specialized area of legal-attending the court matters and various legal work. f. skilled services in specialized area of h.r.- arranging training and development programmes. preparing/modifying h.r. policies." ..... 7) ratnakar bank ltd. kolhapur vs. bank employees union, kolhapur, 1969 ii llj 634 (hc-bom-db). (8) garden silk mills vs. ashok k. jha, 2008 i clr 875 (hc guj). (9) ashok k. jha vs. garden silk mills, 2009 iv llj 419 sc. (10) the workmen of sur iron and steel .....

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Aug 14 2014 (HC)

Mukesh and Others Vs. State of Maharashtra, through its Secretary, Hom ...

Court : Mumbai Nagpur

..... and sale of the liquor cannot be charged for illegally possessing foreign and country liquor under section 66(1)(b) of bombay prohibition act. high court also found arrest of petitioner and detaining him in contravention of specific orders issued by the inspector general of police. provision of section 50 ..... etc. versus the deputy excise and taxation commissioner and others etc. (air 1975 sc 1121) is consistently followed by the supreme court in the decisions reported in air 1975 sc 2008 (panna lal and others etc., etc. versus state of rajasthan and others), 1994 supp (1) scc 8 (state of u ..... counsel appearing for respondent police officers in writ petition no.148/2013. in reply submits that the challenge to fir under gambling act does not survive before this court because of para 6 in writ petition. subsequent orders dated 14.10.2013 and 29.10.2013 are also relied upon to ..... p. and others versus sheopat rai and others), (2004) 11 scc 26 (state of punjab and another versus devans modern breweries ltd. and another) and (2008) 10 scc 607 (state of madhya pradesh and others versus lalit jaggi) ? . it, therefore, follows that the licensee carrying on the business in liquor ..... looking to its spirit. power under section 104 becomes available, if the violation is reported to collector and in none of the matters before this court, police authorities have approached either the excise department or any prohibition officer including the collector. he also submits that the words ??illicit liquor ? or .....

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May 10 2013 (HC)

Siddhivinayak Realties Pvt. Ltd. Vs. V. Hotels Limited and Others

Court : Mumbai

..... senior counsel submits that the impugned award shows patent contradiction and inconsistency and shows the patent illegalities on the face of the award which warrants interference of this court under section 34 of the act. mr. chagla, the learned senior counsel distinguishes various judgments cited by mr.sundaram, the learned counsel appearing for the respondents. 51. section 39 and 56 ..... agarwal and others reported in (2006) 7 scc 470. para 39 of the said judgment reads thus:- ??39. furthermore, section 20 of the specific relief act confers a discretionary jurisdiction upon the courts. undoubtedly such a jurisdiction cannot be refused to be exercised on whims and caprice; but when with passage of time, contract becomes frustrated or in some cases ..... mapa. 30. by an order dated 23rd december 2005 in arbitration petition (434/05) filed by the petitioners under section 9 of the arbitration and conciliation act against the respondents herein, this court passed an ad interim order directing the parties to maintain status-quo in relation to the subject matter of arbitration. by an order dated 24th january 2006, ..... dated 21st december 2007, the petitioners returned the cheques to the respondents' advocate. 39. both the parties came to know subsequently that cbi enquiry was over on 27th february 2008. 40. before the learned arbitrator, both the parties led documentary as well as oral evidence. the arbitral tribunal framed 28 issues. the respondents examined five witnesses. the petitioners .....

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Oct 29 2013 (HC)

Vivek Batra Vs. the Union of India Through the Secretary, Ministry of ...

Court : Mumbai

..... unless it is satisfied that such error, omission or irregularity has resulted in a failure of justice; (c) no court shall stay the proceedings under this act on any other ground and no court shall exercise the powers of revision in relation to any interlocutory order passed in any inquiry, trial, appeal or other ..... agency of a larger number of officials and authorities. the constitution, therefore, requires and so did the rules of business framed by the rajpramukh of pepsu provide, that the action must be taken by the authority concerned in the name of the rajpramukh. it is not till this formality is observed ..... specific statutory exception. to hold that such an exception exists that a private complaint for offences of corruption committed by public servant is not maintainable, the court would require an unambiguous statutory provision and a tangled web of argument for drawing a far fetched implication, cannot be a substitute for an express statutory ..... sanction for criminal prosecution. mr. setalwad submits that the matters of sufficiency and adequacy of evidence have to be dealt with by the competent criminal courts. at the stage of grant of sanction, the sanctioning authority is not empowered in law to consider as to whether the material collected or gathered ..... scc 527. 5) state of m.p. v/s jiyalal, reported in air 2010 sc 1451. 6) state of karnataka v/s ameer jan, reported in air 2008 sc 108. 7) state of bihar v/s p.p. sharma, ias, reported in 1992 supp. (1) scc 222. 8) r.s. nayak v/s .....

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Apr 01 2015 (HC)

Pranda Jewelry Pvt. Ltd. and Others Vs. Aarya 24 kt and Others

Court : Mumbai

..... a piece of art. in fact, it has no independent existence of itself ? . when the matter went before the division bench of that court, the court put the matter thus: ??36. this clearly shows that the legislature intended that even if the artistic work such as a painting has been used ..... the adoption of the mark was itself dishonest ? . in express bottlers services pvt. ltd. vs. pepsi inc. (1989 (7) ptc 14), the court held as follows: ??.........mere delay in taking action against the infringers is not sufficient to hold that the registered proprietor has lost the mark intentionally unless it ..... being developed in a different manner, it is manifest that the source being common, similarities are bound to occur. in such a case the courts should determine whether or not the similarities are on fundamental or substantial aspects of the mode of expression adopted in the copyrighted work. if the ..... co. (2006(32) ptc 157 (del.) and on appeal 2009(40) ptc 519 (del.) (db), mattel, inc. and ors. vs jayant agarwalla and ors. (2008(38) ptc 416 (del.), kiran shoes manufacturers vs registrar of copyrights and anr. (2012(50) ptc 14 (del.)(db), devendra somabhai naik vs accurate transheat pvt. ltd ..... party is able to bring his case within the framework of section 2(c) of the copyright act, 1957 while claiming a copyright, then the suit for infringement of copyright is maintainable ? . the delhi high court distinguished this case from the case of microfibres inc. (supra) in the following words: ??28. .....

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May 06 2016 (HC)

Shaikh Zahid Mukhtar and Others Vs. The State of Maharashtra and Other ...

Court : Mumbai

..... beneficial legislation, seeks to solve. the judicial approach should be dynamic rather than static, pragmatic and not pedantic and elastic rather than rigid. this court while acting as a sentinel on the qui vive to protect fundamental rights guaranteed to the citizens of the country must try to strike a just balance between ..... , 1950 also states that everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. the supreme court, in krishna janardhan bhat vs. dattatraya g. hegde (2008)4 scc 54)put the matter thus: 44. the presumption of innocence is a human right. (see narender singh v. state ..... as already indicated, guarantees the protection of personal autonomy of an individual. in anuj garg v. hotel assn. of india [(2008) 3 scc 1] (scc p. 15, paras 34-35), this court held that personal autonomy includes both the negative right of not to be subject to interference by others and the positive right of ..... for the state of maharashtra has made detailed submissions. his first submission is based on the decision of the apex court in the case of ashoka kumar v. union of india (2008)6 scc 1). his submission is that the challenge to the constitutional validity of any legislation can be only on ..... india. he pointed out that in the decision in the case of hinsa virodhak sangh v. mirzapur moti kuresh jamat and others (2008)5 scc 33), the apex court has observed that what one eats is one's personal affair and it is a part of his right to privacy which is .....

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