Court : Mumbai Nagpur
..... respondent nos.4 to 6. they would indicate that the basis for the complaints is that the area is purely residential and further even the corporator from that ward as early in october, 2008 complained to the collector by stating that the establishment where the appellant is proposing or preparing to start a commercial activity and that too of serving liquor is ..... power which is in the nature of a trust, has not been exercised bearing in mind public interest and public good, then, while striking down the act and order, it is equally the duty of the court to remind the state of doctrine of good governance. precisely that has been emphasized in the order of the learned single judge. therefore, we are ..... legal injury to him. for example, in j.m. desai v. roshan kumar, (1976) 3 scr 58 : (air 1976 sc 578), this court noticed that the bombay cinematograph act, 1918 and the bombay cinema rules, 1954 made under that act, recognised a special interest of persons residing, or concerned with any institution such as a school, temple, mosque etc, located within a distance ..... of account this entry, which has a remote bearing, if any, on the object and scope of the present act. ? the above observations of the hon'ble supreme court have been made while construing the act of the maharashtra state, namely, the bombay prohibition act, 1949, but they seem to have no impact and the state is still not abiding by the same. judicial .....Tag this Judgment!
Court : Mumbai
..... the company or its directors not to dispose of any assets could be reason enough to urge that the criminal case alleging offences under section 138 of ni act cannot be instituted. beyond that the supreme court has not held that a complaint cannot be continued. it only clarified that there could be a reasonable and possible conclusion, if a cheque was drawn ..... seeking discharge from criminal case was placed before me. what has been urged in that application is that the complainant could not have filed the present complaint on 28th february 2008 and no process could have been issued as accused no.1 company was under bifr, much prior to the said order and also had protection under section 22 and 22a ..... cheques were returned unpaid. therefore and when the endorsement of the bank in the cheque return memo was ??funds insufficient ? that the statutory demand notice was issued on 21st january 2008. this demand notice was issued and duly served. there has been no compliance with the requisitions contained therein namely there has been no payment made. it is in such circumstances ..... that a complaint was filed on 28th february 2008 alleging offences punishable under section 138 read with 141 of ni act. 7] the application for discharge was filed and in which the contention raised is that the accused no.1 company had made a reference to .....Tag this Judgment!
Court : Mumbai
..... would be defeated. prosecution and defence of cases is a time consuming and costly process. a plaintiff/petitioner/ appellant who is driven to the court, by the illegal acts of the defendant/respondent, or denial of a right to which he is entitled, if he succeeds, to be reimbursed of his expenses in accordance ..... institution, it is debatable whether any costs can be awarded to the state by way of penalty, in a litigation between two private parties. courts will have to act with care while, opening new frontiers. 7. one view has been that the provisions of sections 35 and 35a cpc do not in any ..... provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the court, and the court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to ..... a learned single judge of this court held on 14th december 2005 that the failure of workers to pick up bottles from the lehrs was not only ..... merely an inadvertent omission. it is a deliberate and direct act designed to cause loss. that suit was decreed. the 1st defendant appealed. however, it accepted its liability and paid the decretal amount to the plaintiffs. the appeal was, therefore, dismissed on 22nd january 2008. 59. similarly, in suit no. 2613 of 1986, .....Tag this Judgment!
Court : Mumbai
..... intellectual property rights. annexure "2" to the note that she submits today has a list of 12 separate litigations initiated by the plaintiffs in various courts, including this court, in which the plaintiffs have obtained favourable orders. she also points out that dr. d.y. chandrachud, j. (as he then was) while ..... anr. v ksb real estate and finance private limited; notice of motion no.4019 of 2007 in suit no.2930 of 2007; decided on 11th february 2008). if there was any dispute about the plaintiffs' mark being recognized as a well-known mark, it is, ms. kshirsagar submits, put to rest by ..... defendant is or must be deemed to be an unregistered proprietor or user at least for the purposes of section 29(4) of the trade marks act, 1999 using dissimilar goods and, therefore, liable to suffer an injunction. if, on the other hand, the defendant persists in this claim in regard ..... too does not assist the defendant because he would then be liable to suffer injunction under sections 29(1), 29(2) and 29(3) of the act. thus, viewed from either perspective, this one submission alone is sufficient to warrant the grant of an injunction. 22. the other defences are trivial. i ..... disposal of the suit, the defendant by himself, his servants, agents, assignees, distributors and dealers be restrained by an order and injunction of this hon'ble court from manufacturing, selling, exhibiting for sale, marketing his goods/ products/ services bearing the impugned mark "ksb" and/or any other mark similar to the .....Tag this Judgment!
Court : Mumbai
..... fall within the four corners of arbitration agreement. spa is valid, subsisting, operative and is capable of being performed. under section 45 of the act, this court thus has to refer the parties to arbitration in accordance with clause 11.13 of the spa. (b) the mou relied upon by the first ..... the arbitration clause contained in the spa also is in operation and the parties having satisfied the ingredients of section 44 and 45 of the act, this court shall refer the parties to arbitration in respect of the subject matter of the dispute arising out of the subject matter of spa. the ..... to be agitated before the arbitral tribunal. in my view, before referring the parties to arbitration under section 45 of the act, it is mandatory for the court or judicial authority before whom the application is made to decide whether the agreement is null and void and inoperative or is unenforceable ..... obtain an injunction on this basis absent truly exceptional circumstances; and case 3: where all parties to an arbitration agreement apply to the court under s. 32 of the arbitration act, 1996 and despite their request for a suspension of the arbitral proceedings the tribunal proceeds with a view to making an award. ? ..... 1996 sc 2140. 117. in national insurance co. limited v. boghara polyfab (p) limited manu/sc/4056/2008: (2009) 1 scc 267, another equi-bench of this court after discussing various judgments of this court, explained sbp and co. (supra) in relation to scope of powers of the chief justice and/or his .....Tag this Judgment!
Court : Mumbai
..... . 7. sometime in the year 2010, the claimants filed petition under section 9 of the arbitration act in this court inter alia praying for an appointment of court receiver. on 24th january, 2011 this court passed an order in the said petition directing the parties to maintain status-quo in relation to the ..... arbitration, the arbitral proceedings commences and it would not apply to the counter claim. in my view the aforesaid two judgments of the supreme court squarely applies to the facts of this case. the claims in my view were not barred by law of limitation and the learned arbitrator was ..... properties which were described in ex.a to the said petition. on 18th june, 2012 with the consent of the parties this court referred all the disputes between the parties to the arbitration and continued the ad-interim order passed on 24th january, 2011 until passing of the ..... partnership deed recorded an arbitration agreement. it was the case of the claimants that the respondent no.1 made false allegations vide letter dated 14th july, 2008 addressed to the claimants nos. 5, 7, 8 and 11 alleged misuse of position by the other partners. after receipt of the said letter, ..... parties shall bear their own costs. the original claimants and respondent no.1 have filed two separate arbitration petitions under section 34 of the arbitration act challenging different portions of the said arbitral award dated 30th september, 2014. 13. mr.balsara, learned counsel appearing for the original claimants invited my .....Tag this Judgment!
Court : Mumbai
..... testimony of the magistrate that the declarant was fit to make the statement even without examination by the doctor the declaration can be acted upon provided the court ultimately holds the same to be voluntary and truthful. a certification by the doctor is essentially a rule of caution and therefore the ..... wrote the history accordingly in his handwriting in the case papers exhibit 25. about 10 to 15 minutes thereafter, pw 2 kamlakar came to ward no.27 and told him that he came for recording dying declaration of deceased sharada. he further deposed that he examined sharada before recording dying ..... arrive at its own independent conclusions whether the appeal is against conviction or acquittal. but while dealing with an appeal against acquittal the appellate court has to bear in mind, first, that there is a general presumption in favour of the innocence of the person accused in criminal cases ..... appeals against acquittals, it was observed that the presumption of innocence is reinforced by the order of acquittal and so "the findings of the trial court which had the advantage of seeing the witnesses and hearing their evidence can be reversed only for very substantial and compelling reasons" : surajpal singh ..... air sc 975.(ii) satish ambanna bonsode v. state of maharashtra, (2009) 11 scc 217.(iii)sher singh and another v. state of punjab, (2008) 4 scc 265.15] on the other hand, mr.rajiv patil and ms.revati mohitedere supported the impugned judgment and order. they submitted that the .....Tag this Judgment!
Court : Mumbai Goa
..... . moji ram, air 1978 sc 484; (ii) pandit ishwardas vs. state of madhya pradesh and others, (1979) 4 scc 163 and (iii) haryana waqf board vs. shanti sarup and others, (2008) 8 scc 671. 13. on the contrary, it is submitted by the learned counsel for the respondents that the prayer for amendment of the plaint and production of additional document ..... , rule 17 of c.p.c would not apply to this case as the suit was instituted prior to coming into force the amendment act, 2002. however, it is necessary to mention at this stage that the appellate court has not relied upon the said provisions, while passing the impugned order. that apart, the fact that the said proviso would not be ..... the petitioners have already examined mr. shyamlal r. vishvakarma (pw-4), whose evidence has been disbelieved by the trial court. the learned counsel has also placed reliance on the decision of the hon'ble apex court in the case of chander kanta bansal, (2008) 5 scc 117, in order to submit that an application for amendment made after 18 years was held to ..... be rightly rejected. the hon'ble supreme court has referred to its earlier decision in the case of union of india .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2008)111ITD190(Mum.)
..... to the profits derived from any trade or business carried on by the assessee other than the industrial undertaking. while considering again the scope of section 15c of the it act, 1922, the court held that the new industrial unit would not lose its separate and independent identity even though it has been set up by a company which is already running an ..... ownership does not render undertakings, which are otherwise capable of being separated into a common undertaking. while considering the exemption available to an assessee under section 15c of the it act, 1922, the court held that exemption is confined to profit derived from the industrial undertaking and cannot operate in respect of any profit derived by the assessee from any trade or business ..... other than the industrial undertaking. in this context, the court held that section 15c of the it act, 1922 does not make an industrial undertaking per se the unit of assessment. there is a clear distinction between the assessee and the industrial undertaking. in this ..... could be classified as a newly established industrial undertaking and will qualify for the relief. in this case again, the calcutta high court was considering a case in the light of section 15c of the old it act, 1922. the court observed that section 15c makes a distinction between the assessee and the industrial undertaking. the unit of assessment is the assessee and not .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
..... prohibited under the drugs and cosmetics act. it was held by the court (para 8) that product liabile to excise duty must be marketable on the condition in which it emerges. marketable means saleable ..... involved was dutiability of carbonless paper emerging at intermediate stage during the process of manufacture of carbon. it was observed by the honble supreme court that the product available in the market and bought and sold in the market and the assessee themselves sold the carbonless paper in the market. ..... or suitable for sale and goods need not be marketed. it was also observed by the court (para 29) that market of pharmaceutical company is enhanced substantially by distribution of free samples. in other words, the distribution of such physician ..... this case is distinguishable. 13. in the case of medley pharmaceuticals ltd. vs. cce, daman (supra), the issue before the honble supreme court was valuation of physician samples distributed as free samples. it was pleaded by the assessee that physician samples are not excisable goods when sale thereof is ..... excise duty in respect of aurangabad unit. he also relied upon the following decisions in support of his contention:- a) ford india private ltd. vs. cc, chennai 2008 (228) elt 71 (tri.-chennai); b) bharat sanchar nigam ltd. vs. uoi 2006 (2) str 161 (sc); c) a.b. mauri india pvt. .....Tag this Judgment!