Court : Mumbai
Decided on : Dec-19-2008
Reported in : 2009(1)BomCR501
..... and that the mcgm has began disbursement to the ngo's for the first time only in 2007-2008 pursuant to the orders/directions made by this court. referring to the application under the right to information act made by one prerna vaswani, the learned senior counsel mr. chinoy has submitted that it has been ..... catch such dogs, suspected to be rabid.(2) the caught dog would then be taken to the pound where it would be isolated in an isolation ward.(3) the suspected rabid dog would then be subjected to inspection by a panel of two persons i.e.(i) a veterinary surgeon appointed by ..... catch such dogs, suspected to be rabid.(2) the caught dog would then be taken to the pound where it would be isolated in an isolation ward.(3) the suspected rabid dog would then be subjected to inspection by a panel of two persons i.e. (i) a veterinary surgeon appointed by the ..... state legislature under concurrent list iii of seventh schedule to the constitution of india. the above legal position has been clearly enunciated by the hon'ble supreme court in the case of bar council of india v. board of management dayanand college : air2007sc1342 .137. another important aspect to be noted is that ..... regard to the matter covered in the proposal. in support of this contention mr. vahanvati, the learned solicitor general has referred to the constitution bench of the apex court in the case of kaiser-i-hind pvt. ltd. and anr. v. national textile corporation (maharashtra north) ltd. and ors. : supp2scr555 , wherein .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-12-2008
Reported in : 2008(2)MhLj856
..... as against an express bar in some other enactment. 3.16 in a very recent case titled as hamida v. rashid @ rasheed (2008) 1 scc 474, the supreme court took the view that a procedural code, however, exhaustive, cannot expressly provide for all time to come against all the cases or points ..... of justice or for the purpose of carrying out the other provisions of the code. it is a well established principle that every court has inherent power to act ex debito justitiae to do that real and substantial justice for the administration of which alone it exists or to prevent abuse of ..... right in proceeding on the basis that the allegations in the complaint prima facie constitute an offence under section 4 of the act and issuing processes to the respondents. the high court, we cannot refrain from observing, might well have refused to invoke its inherent powers at the very threshold in order to ..... v. state of andhra pradesh and anr. air 2008 scw 11, the supreme court again permitted quashing of proceedings taken out against the husband under sections 498a of the code, 106 i.p.c. read with sections 4 and 6 of the dowry prohibition act, 1961, on the ground that the continuation of ..... the process of the court. 3.17 still in one more recent judgment in som mittal v. govt. of karnataka special leave petition (cri.) no. 1719 of 2006 decided on 29.1.2008, the supreme court .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-29-2008
Reported in : (2008)110BOMLR2604
..... his associates were apprehended well before they could even make an attempt of actual commission of such an offence. 42. the judgment of the supreme court reported in : 2004crilj4600 relied upon by the learned app has no application to the facts of this case. however even in that judgment in paragraph ..... of detention is hampered by non supply of the particular document 30. the learned app also placed reliance on another decision of division bench of this court delivered in the case of khwaza babasahab chaudhary v. shri s. chakravarty and ors. in criminal writ petition no. 1207 of 2004, the ..... that after such remand applications were filed, the judicial custody remand of the detenu was extended immediately by the learned additional chief metropolitan magistrate, 2nd court, mazgaon. it further states that the bail application filed on behalf of the detenu was also rejected on 1 st december 2007 and that the ..... issue an order communicating the approval of the impugned order, on 26th october 2007 and was further pleased to confirm the impugned order on 25th january 2008. 3. the impugned order has been issued by the detaining authority, on the basis of material placed before it, which pertained to in camera ..... revolver loaded with three cartridges. however, as observed by two division benches of this court, mere illegal possession of a fire arm or weapon at a public place by itself, in the absence of any overt act on the part of the detenu cannot result into breach of public order. the relevant .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-15-2008
Reported in : 2008(4)ARBLR313(Bom); 2008(5)BomCR196
..... , unless parties themselves expressly provide for a hierarchy among the different provisions or part of the contract' pollock & mulla, indian contract & specific relief act, 12th edition, pg. 267, volume 1.the courts may give effect to the intention of parties by...rejecting misnomers or surplusage [goldsmith ltd. v. baxter (1969) 3 all er 733]...and construing ..... by the institution of engineers cannot be faulted. in you one engineering and construction co. ltd. v. national highways authority of india : air2006sc3453 , the supreme court held thus:the arbitration agreement clearly envisages the appointment of the presiding arbitrator by irc. there is no qualification that the arbitrator has to be a different person depending ..... 44.2.25. a business like interpretation of contractual provisions must be adopted in construing contracts entered into by persons of business to govern business dealings. the court must ensure that interpretation of law in commercial cases must not be disjointed from the intent and object which those having business dealings seek to subserve. unless ..... recommending payments due to the contractor, issuing and valuing variations to the contract, recommending extensions of time and valuing compensation events.11. in interpreting a contract, the court cannot place emphasis on an isolated provision divorced from the context and unrelated to the other provisions which govern contractual obligations. contracts represent business understandings between the parties. .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-05-2008
Reported in : 91SCL139(Bom)
..... in mind the observations made in the earlier part of this judgment and submit report to this court for such directions as may be advised.24. re.: company application no. 100 of 2008(a) the official liquidator has been appointed as provisional liquidator in terms of order dated 14-3 ..... movable assets could have been completed within a reasonable time), if not within the statutory period provided under section 457(2a) of the companies act. however, that happened only in 2003 and that delay is cited as justification not only for providing higher number of security guards round 'o ..... what prevented the official liquidator to proceed with sale of the properties in question in terms of provisions of section 457(2a) of the act within the specified time. if that were to be done within specified time, the necessity of continuing of such heavy security arrangement would not ..... company in liquidation for whom the official liquidator was expected to act as custodia legis. suffice it to observe that the claim of the applicant cannot be straightway accepted merely because of the communication from the ..... earlier part of this order i have already adverted to the pattern which flows from each assignment. the inescapable conclusion is, it is an act of commission and omission of the officials in the office of the official liquidator with purpose, completely disregarding the interest of the stakeholders of the .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-31-2008
Reported in : 2008(5)ALLMR376; 2008(4)BomCR653; 2008(5)MhLj436
..... . dabholkar, j.1. feeling aggrieved about the manner of implementation of government guidelines pertaining to appointment of project affected persons (pap for short), the petitioner has approached this court with prayer for threefold relief as under:(a) quash and set aside the requirement of submitting an application and competing with other candidates as provided in the advertisement dated 17 ..... , for which candidates are not available. (c) prohibiting the respondents and other authorities referred in section 10-6(a) and (b) of maharashtra project affected persons rehabilitation act, 1999 (act xi of 2001 for short) from filling in at least 5% posts in c and d category mentioned in the said sub-clauses, except from the category of project ..... is filed by shri abhijit bhande, working as tahsildar, raver, district jalgaon on behalf of respondent nos. 2 and 3, on 30.1.2008 and another reply is filed after arguments were over, on 29.2.2008 by shri sanjay bagade, chitnis (tahasildar), collector office, jalgaon. according to respondents, government has issued detailed instructions and guidelines for appointment of pap ..... radio, television and employment news bulletins; and then consider the cases of all the candidates who have applied.it must be taken into consideration that the honourable the apex court was dealing with general procedure for selection and appointment. it took a note of mischief at the level of employment exchange and, therefore, expressed that the candidates sponsored by .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-14-2008
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 .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-23-2008
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 : 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 : 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 .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-10-2008
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. : 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 .....Tag this Judgment!