Court : Mumbai
..... his jurisdiction. drawing from the case of associated engineering co. vs. government of andhra pradesh (1991) 4 scc 93 : (air 1992 sc 232) the court accepted the contention that the arbitrator who acted in disregard of the contract acted without jurisdiction. this tantamounted to misconduct on his part and vitiated the award. 42. there was no escalation clause in the contract in the ..... the test of the grant in arbitration. 40. it is held in the case of rajasthan state mines and minerals ltd. vs. eastern engineering enterprises and anr., air 1999 supreme court 3627, which dealt with the challenge to an award in a similar contract for excavation as in this case, that the contract had expressed prohibition and stipulation for non payment ..... arisen, an arbitration has been invoked and undertaken. the award is challenged essentially upon the ground that it travels beyond the contract between the parties. 4. in that regard the court would be bound and completely governed by the law laid down in the case of rajasthan state mines and minerals ltd. vs. eastern engineering enterprises and anr., air 1999 supreme ..... case of rajasthan (supra). drawing from the case of continental construction co. vs. state of madhya pradesh, air 1988 sc 1166, the supreme court repelled the contention that .....Tag this Judgment!
Court : Mumbai
..... house of the appellant. resultantly, the said evidence considered alongwith the opinion given by doctor who had performed postmortem definitely leads to the conclusion as arrived by the trial court of the prosecution by the said evidence having established the circumstance under consideration of deceased having met with homicidal death. 11. now before taking up the further circumstances established ..... the appellant. in consonance with said conclusion arrived, the trial court convicted and sentenced the appellant as narrated hereinabove. 6. by drawing our attention to various facets from the evidence of each of the witnesses both the sides made elaborate ..... upon the documentary evidence, which was prepared during the course of investigation. 5. the defence of the appellant was that of total denial and false implication. the trial court after appreciation of the prosecution evidence came to the conclusion that the prosecution has established various circumstances forming a formidable chain leading to sole inference of the guilt of ..... embellishment or improvement for not inspiring confidence. such a being test given by the apex court in the decision of state v/s. ramesh (supra), we are unable to find any fault with the trial court in accepting the evidence of pw5 inspiring confidence and acting upon it. we are of such a opinion because we do not find any unnatural .....Tag this Judgment!
Court : Mumbai
..... reads thus:- ??8. ......................... the issuance of tds certificates does not amount to an acknowledgment of defendant within the meaning of section 25 of the indian evidence act and the full bench judgment of this court in the case of jyotsna (supra) puts the matter beyond doubt. the tds certificate is primarily to acknowledge the deduction of tax at source. the certificate does ..... provide access to back office software and to release all outstanding dues owing to the petitioner with interest starting april, 2007 until payment. 5. by letter dated 13th october, 2008, the respondent admitted that the petitioner had introduced clients who entered into separate kyc and broker client agreements with respondent and such clients were trading in their account with the ..... . the petitioner also did not give any details in its claim for brokerage. (i) the terminal of the petitioner was blocked on 12th september, 2008. the claim was made by the petitioner from january, 2008 onwards. the petitioner had been executing the transactions. the petitioner therefore, ought to have submitted its claim on the basis of the information and record ..... respondents did not pay the full brokerage due to petitioner. it is petitioner's case that no brokerage had been paid by the respondent to the petitioner after january, 2008 and on 12th september, 2008, the trading terminal and back office software provided to the petitioner by the respondent was illegally blocked by the respondent. 4. on 15th september .....Tag this Judgment!
Court : Mumbai Nagpur
..... maharashtra, (supra), the said judgment would not be applicable to the facts of present case. after said judgment was delivered, section 20 of the said act has suffered various amendments which permits even a profit to be recovered. in that view of the matter, the said contention is without any substance. 12 ..... it can thus clearly be seen that the division bench in unequivocal terms held that in view of various amendments to section 20 of the said act, it is now not only permitted to recover the costs of certain anticipated works by defining the expression ??capital outlay ? but it is also ..... when lord coke reported 'heydon's case (v) ? . in ?? 'eastman photographic material co. vs. comptroller general of patents, designs and trade marks' 1898 act 571 at p.576 (x) earl of halsbury reaffirmed the rule as follows : ??my lords, it appears to me that to construe the statute in question, it ..... of the total capital outlay incurred, although such vehicles may have enjoyed such augmentation of facilities only partially. 10. by another amendment in 2001 vide act no. 17 of 2001, a further amendment was made to the said section so as to permit the construction of bridges and development projects on ?? ..... parties. 2. the petitioner, who claims to be a social worker, has approached this court seeking a direction to quash and set aside the tender notice published in the daily ??nav bharat ? dated 21.04.2008 and the whole process undertaken by the respondents in pursuance of the aforesaid tender notice. .....Tag this Judgment!
Court : Mumbai
..... a lock-in period, is a debt properly so-called for the purposes of section 433(e) of the companies act, 1956. 42. in november 2009, another single judge of this court took the view in e-city media that a claim for liquidated damages can never be a debt for the ..... registrar, an amount of rs.10,000/- toward publication charges, failing which the petition shall stand dismissed for non-prosecution without further reference to the court. 68. this order shall be without prejudice to the petitioners rights to file a suit or other proceeding for recovery of its claim for liquidated damages ..... automatically guaranteed as the claimants entitlement. it does not, eoinstanti, create any pecuniary liability or obligation, or a corresponding entitlement to the claimant. the supreme court cited with approval the decision of chagla, cj in iron and hardware (india) co v firm shamlal and bros.,(air 1954 bom 423) a decision ..... nothing to show that it was a genuine pre-estimate of damages. 30. on 31st october 2011, another learned single judge of the delhi high court expressed his reservations about the correctness of manjubagai. he made a reference to the division bench for an authoritative pronouncement, in these terms: i) ..... . 25. mr. jagtiani relied on the decision of a division bench of this court in lonzaindia pvt ltd v corporate management council of india pvt ltd.(appeal no.175 of 2009 in company petition no.898 of 2008; decision dated 1st july 2009.)the appeal came up from a conditional order of .....Tag this Judgment!
Court : Mumbai
..... think, in saying that there is insufficient evidence of sufficient widespread user, at least for what the hardcastle and waud period, as would lead a court to ineluctably conclude that the defendants products are or have been mistaken for those of the plaintiffs. of this level of deception or confusion, ..... it from the products or goods of other enterprises. how is this usually to be done? should the production of invoices be considered enough? that court held in that particular case that other factors were equally important: market share, geographical distribution, longevity of user, the proportion of the relevant class ..... difference whether the mark in question is a mark of common language, a laudatory term, a descriptive word or a geographical name. what the court of justice of the european community held was that in determining whether a mark had acquired a sufficiently distinctive character following its use, an ..... the plaintiff s products. in this context, i believe dr. saraf s reliance on the decision of a learned single judge of the delhi high court in rich products corporation and anr. v indo nippon food ltd., (2010 (42) ptc 660 (del.)is completely appropriate. paragraph 39 of that decision ..... se indicate the achievement of the level of distinctiveness that would be required. even under section 34 of the trade marks act, 1999, the prior user (from 2001 to 2008) must be shown to be continuous. the hardcastle and waud invoices produced, even on the basis they are genuine, do .....Tag this Judgment!
Court : Mumbai Aurangabad
..... will have to say about their or other's liability. in view of the aforesaid provisions and the wording of section 17 (4) of the act, this court holds that opportunity needs to be given to the prosecution to discharge such initial burden. if that is not done, in no case the prosecution ..... manufactured in the unit and also other information as needs to be provided under the act. in the letter dated 12-9-2008, the manufacturer contended that copy of report supplied by the drugs inspector was not signed by the director of central laboratory and ..... quite different which is apparent from the fact that firstly the controversy of the complaint not having any necessary averments was not present before the high court in the reported decision. secondly, in that case, there was only a bald statement that the respondents were directors of the manufacturers. in the ..... batch, the batch from which sample was collected. the dealer informed that all the bottles were already distributed by it. 6. on 21-8-2008 the drugs inspector sent letter to the manufacturing unit of accused no.4 from himachal pradesh and requested to supply information regarding quantity of aforesaid drug ..... in the drug. 5. copies of the report of the central laboratory were supplied to the main dealer, the manufacturer and retailer. on 16-10-2008 the drugs inspector visited the depot of accused no.3 dealer. the dealer informed that it had purchased 13000 200 ml of bottle of the .....Tag this Judgment!
Court : Mumbai
..... 1 and 3 and the defendant nos. 3 and 4 was beyond the period of three years and therefore, barred by article 58 of the limitation act. the trial court observed that the amendments are not required to be allowed, as the parties have entered into a transaction during the pendency of the suit and therefore ..... to the defendant no. 1, the transfer of the plots by the defendant no. 1 to the defendant no. 3 by the agreement dated 16th july 2008 and thereafter by the defendant no. 3 to the defendant no. 4 by agreement dated 12th april 2009 and prayers are sought to be added in ..... respect of the said agreements dated 26th may, 2008, 16th july, 2008 and 12th november, 2009. the plaintiffs have also sought partition in respect of the plots, which have been allotted. as indicated above, the trial court has rejected the application inter alia on the ground that the plaintiffs have ..... to (d-5), which, for the sake of ready reference, are reproduced herein under: d(1) that, the agreement to lease dated 26th may, 2008 executed by defendant no. 2 cidco in respect of plot no. 72, sector 20, at kharghar, the subsequently executed tripartite agreement dated 16/7 ..... cidco allotted two plots to the defendant no. 1, and 20 others by allotment letter dated 26th may, 2008. the defendant no. 1 thereafter entered into a tripartite agreement with one gurukripa enterprises on 16th july, 2008, to which agreement, the cidco was also a party. the said gurukrupa enterprises, in turn, executed a .....Tag this Judgment!
Court : Mumbai Goa
..... not entitled to be heard on the question whether the process should be issued against him or not. ? 9. this court in annapurna nayak (dr.) vs. gyan chand varshey (gupta) and anr reported in (2008) mh.j. (cri.)624, followed this view holding as under:- ??5. in chandra deo singh -vs- prakash ..... in the circumstances of this case the complaint does not disclose the offence under section 382 i.p.c. also and, therefore, the learned magistrate had acted rather perversely in taking cognizance of the offence under sections 166 and 382 i.p.c. against the accused persons. ? 22. he also cited ..... persuade myself to accept this contention also. the intention must be to cause wrongful loss to any other person. here when the accused petitioners were acting in pursuance of the notice already issued by them, it can not be said that their intention was to cause wrongful loss to the complainant. ..... 2 of the complaint as follows: thus, accused no. 1 illegally ordered on 30-4-76 the accused no. 2 contravention of the provisions of municipal act, to commit theft, mischief and criminal misappropriation and accused no. 2 accordingly committed these offences. this complaint was placed before the magistrate, who passed an ..... it was wrongful or the intention of the accused was to cause him wrongful loss. under section 60 of the easements act a licence is revoked and under section 63 of that act the possession can be taken after removing the temporary structure etc.. i am, therefore, clearly of the opinion that .....Tag this Judgment!
Court : Mumbai
..... in question in this petition, were permissible in law. this is also the view of another decision of the madras high court in rajshreesugars and chemicals v axis bank ltd.(2008) 8 madras law journal 261) i must note that though mr. devitre proposed to make his submissions on this aspect also ..... 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. the position is no different if the claim is not on the basis of the just and equitable clause but on the rebuttable ..... , that averment as to the contract execution time is entirely dependent on the correctness of the averments as to oral instructions being received and being acted on. what mr. tulzapurkars defence of deutsche banks averments in paragraph 8(aa) of the petition amounts to is this: that because there is ..... the knock out transactions. (ii) in determining whether a barrier event has occurred, a particular spot rate shall be disregarded if the calculation agent, acting in good faith, considers that it would not be commercially reasonable to take account of it. upon the occurrence of a barrier event, the calculation ..... financial institution before the debt recovery tribunal, invoking its special and exclusive jurisdiction, does not bar an independent petition for winding up under the companies act, 1956. a winding up petition need not be preceded by an adjudication by the debt recovery tribunal of the companys liability, in view of the .....Tag this Judgment!