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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: mumbai Year: 2012 Page 1 of about 13 results (0.028 seconds)

May 02 2012 (HC)

E.S. Sanjeeva Rao Vs. Central Bureau of Investigation)(C.B.i.), Mumbai ...

Court : Mumbai

Decided on : May-02-2012

..... 9, 10 and 11 of the complaint; the sole basis being the balance-sheet between the period 2004-05 and 2008-09. the cbi practically, therefore, acted as an appellate court and on the basis of the order passed by the petitioner came to the conclusion that though dues ought to be ..... strenuously urged that sub- section (1) deals with judicial independence, whereas sub- section (2) deals with judicial accountability and, therefore, the high court while acting under its writ jurisdiction under article 226 of the constitution of indian and under inherent jurisdiction under section 482 of the criminal procedure code was not competent to ..... sub-section (1) and, as such, despite protection being granted to a judge under sub-section (1), central government, state government, supreme court or high court can institute civil, criminal or departmental proceedings against the judge and, therefore, the proceedings cannot be quashed at the inception and in view of sub ..... the privy council in phanindra chandra vs. king (air 1954 sc 455) and by the supreme court in shreekantiah ramayya munipalli vs. state of bombay (air 1955 sc 287) and in amrik singh vs. state of pepsu (air 1955 sc 309) 36. in our view, therefore, sub-section (1) of section ..... (3) of the said act has to be interpreted to mean that the protection which is afforded to a judge is for an act which has been performed during the course .....

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Sep 25 2012 (HC)

State of Maharashtra Vs. Purushottam Dashrath Borate and Another

Court : Mumbai

Decided on : Sep-25-2012

..... proof beyond reasonable doubt does not stand altered even after the introduction of section 498-a ipc and section 113-a of indian evidence act. although, the court's conscience must be satisfied that the accused is not held guilty when there are reasonable doubts about the complicity of the accused in respect ..... reward (b) a cold-blooded murder is committed with a deliberate design in order to inherit property or to gain control over property of a ward or a person under the control of the murderer or vis-a-vis whom the murderer is in a dominating position or in a position of trust ..... public prosecutor that the naib tahsildar had explained that he had committed an error in mentioning the date '16/1/2008' and that he realized this mistake when he saw the panchanama in court. in our view, explanation given by the naib tahsildar is a plausible explanation and the said mistake could have ..... submitted that after the initial report regarding blood of the accused was inconclusive, permission was obtained to take blood of the accused on 14/1/2008 and accordingly blood samples were taken on that date which was evident from exhibits 100 and 101. she submitted that this further corroborated the fact ..... . the learned public prosecutor then submitted that so far as identification parade is concerned, the fact that the identification was already held on 14/1/2008 was not disputed and, on the contrary, was admitted by the accused which was evident from the answer given by the accused to the questions .....

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Jul 23 2012 (HC)

Shashi Leekha S/O. Shubhash Chander Leekha S/O. Shubhash Chander Leekh ...

Court : Mumbai

Decided on : Jul-23-2012

..... nothing in the central act to suggest that, if a hindu marriage is performed outside the territory to which ..... the central act extends, it would denude any party to the marriage from presenting petition ..... under section 19 of the central act before the court within the local limits of whose ..... or outside the territories to which the central act extends. 16. according to the respondent, at the time of presentation of the petition, she was domiciled in the territories to which the central act extends and continues to reside within the territorial jurisdiction of the family court, mumbai, since separation from her husband in june, 2008. suffice it to observe that there is .....

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Jul 23 2012 (HC)

Shashi Leekha S/O. Shubhash Chander Leekha S/O. Shubhash Chander Leekh ...

Court : Mumbai

Decided on : Jul-23-2012

..... nothing in the central act to suggest that, if a hindu marriage is performed outside the territory to which ..... the central act extends, it would denude any party to the marriage from presenting petition ..... under section 19 of the central act before the court within the local limits of whose ..... or outside the territories to which the central act extends. 16. according to the respondent, at the time of presentation of the petition, she was domiciled in the territories to which the central act extends and continues to reside within the territorial jurisdiction of the family court, mumbai, since separation from her husband in june, 2008. suffice it to observe that there is .....

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Jun 11 2012 (HC)

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

Court : Mumbai

Decided on : Jun-11-2012

..... 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 .....

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Dec 21 2012 (HC)

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

Court : Mumbai

Decided on : Dec-21-2012

..... . 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 .....

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Oct 19 2012 (HC)

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

Court : Mumbai

Decided on : Oct-19-2012

..... 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 13 2012 (HC)

M/s Hotel Shobha, through Its Proprietor: Shri Atul Virendrakumar Jais ...

Court : Mumbai Nagpur

Decided on : Aug-13-2012

..... 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 .....

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Dec 20 2012 (HC)

Mulheim Pipecoatings Gmbh Vs. Welspun Fintrade Limited and Another

Court : Mumbai

Decided on : Dec-20-2012

..... 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 .....

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Apr 10 2012 (TRI)

MSRTC's Central Workshop Vs. Commissioner of Central Excise, Aurangaba ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Apr-10-2012

..... 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. .....

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