Court : Mumbai
Reported in : (1953)55BOMLR246
..... court itself in construing article 32 in romesh thappar v. state of madras : 1950crilj1514 has taken the view that the supreme court was constituted the protector and guarantor of fundamental rights and it could not, consistently with the responsibilities so laid upon it, refuse to entertain applications seeking protection against infringement of ..... within the state, or consigned from a place within the state of bombay to a place outside the state, as the case may be, through a railway, shipping or air-craft company, or country boat registered for carrying cargo, or public motor transport service, or by registered post. in other words, ..... assessment ultimately results in a levy of tax and it has been laid down by the supreme court in the state of tripura v. the province of east bengal : 19itr132(sc) , that the initiation of assessment constitutes an actionable wrong which a party is entitled to prevent by an order issued ..... state legislature is very similar to the scheme embodied in the government of india act, and the privy council was considering the punjab alienation of land act and what was contended before it was that certain provisions of that act were ultra vires of the legislature because it contravened section 298 of the government ..... reliance has been placed on a decision of the privy council in raleigh investment co. ltd. v. governor-general in council  15 i.t.r. 332; 74 ind.ap. 50) in that case a suit was filed for a declaration that certain provisions of the income .....Tag this Judgment!
Court : Mumbai
Reported in : 2002(1)BomCR419
..... of sikkim : 1998crilj3013 , which, he submitted, clinched the issue. the facts of the case were that the prevention of corruption act, 1947 was extended to the state of sikkim with effect from 1-9-1976. cases were registered by the c.b.i. against ..... meaning. the court must confine itself to the words within their natural meaning. reliance was placed on the following decisions: (i) london & north eastern railway co. v. berrimal  ac 278 . (ii) tolaram v. state of bombay : 1scr158 . (iii) union of india v. rai ..... been cited at the bar on this question, and we shall now proceed to consider the same. 161. in state of punjab v. mohar singh pratap singh air 1955 sc 84, the respondent had filed a claim in accordance with ordinance no. 7 ..... the securities market. as a market regulator, it is a protector of investors, not managements. the provisions of the sebi act, the 1994 and 1997 regulations, the depositories act and section 111a of the companies act show that there is a significant shift of law, as ..... , etc. relying upon the judgment of the supreme court in cit v. east coast commercial co. ltd. air 1967 sc 768, he contended that no direct evidence of overt act or concert between the members of the group having control over voting rights is ..... a petition under sections 397 and 398 of the companies act and sought supersession of the board. it was sought to be urged, on the basis of an affidavit filed by the deputy' superintendent of police in the supreme court, that the balaji group were .....Tag this Judgment!
Court : Mumbai
Reported in : 68CompCas720(Bom)
..... dealing with the provisions of clause 8 of the imports (control) order, 1955, issued under the imports and exports (control) order, 1955, issued under the imports and exports (control) act, 1947 18 of 1947). clause 8b contemplates an action of interim nature pending investigation into the allegations under clause 8 and while considering the question of observance of the principles of natural justice ..... to be composed of men of proved worth and standing and there is no other method which can ever be contemplated. similarly, the role of the reserve bank as a protector of the interests of the bank depositors in particular has been emphasised. in paragraph 26, it is observed that various provisions indicate that the legislature considers that consistent with its ..... the application, viz. :'..... we are of the view that the bank may be compulsorily amalgamated with one public sector bank. we suggest that the bank may be amalgamated with the punjab national bank. if government agree to the proposed merger of the bank, the enclosed (draft) notification ordering moratorium in respect of the bank may please be issued.'39. mr. cooper ..... bank (respondent no. 4 herein);(iv) the draft scheme prepared and proposed by the reserve bank under the provisions of section 45(5) for the amalgamation of hcb with the punjab national bank.6. though in the petition, the draft scheme is also sought to be challenged mr. cooper, learned counsel for the petitioners, however, restricted his challenge only to the .....Tag this Judgment!
Court : Mumbai
Reported in : 2005(1)ALLMR193; 2005(2)BomCR900; 2004(4)MhLj372
..... an occasion to consider the import of term 'nuisance or annoyance' as envisaged under the provisions of bombay rents, hotel and lodging house rates control act, 1947, while considering the question as to whether putting up of several pots, rose plants and dumping material necessary for tending and cultivating the rose plants amounted ..... the altar of love of roses, or for tending and culturing rose plants. but the law is not such a loaded ass. law is a protector of balance between fair and unfair, just and unjust, reasonable and unreasonable, entitlement and non-entitlement. not the love of roses, but the appropriation of ..... by indian courts in ram labhya v. dhani ram, it was found by the lahore high court while considering the provisions of the punjab urban rent restriction act that encroachment by a tenant could be the conduct which would amount to nuisance and/or annoyance to the adjoining or neighbouring occupier. ..... a settled law that when word 'or' is used by the legislature, it cannot be used as 'and'. the apex court in the case of state of punjab and ors. v. ramsingh, ex-constable reported in : 3scr634 and puransingh and anr. reported in : 2scr853 has held to the same effect. ..... act available in section 13(1)(i) thereof, found the tenant to be guilty of causing nuisance and/or annoyance when he prevented other occupants of the premises from using the bathroom and the latrine, which the other occupants were entitled to use it as the tenants. a person beating on a railway .....Tag this Judgment!
Court : Mumbai
Reported in : 1951CriLJ1140
..... bharat high court in spite of a pull bench decision is really equally divided, &, in the negation of such jurisdiction, is supported by the east punjab high court, while the madras & patna high courts, expressly, & bombay & allahabad by implication, have recognized such jurisdiction. this court has ..... in the matter of possession or consumption of any liquor, has now been repealed by the central provinces & berar prohibition (second amendment) act, 1947, the proviso to rules 7 & 7 a of the central provinces & berar foreign liquor rules, 1938, make a discrimination against the ..... those rights, & this remedial right is itself made a fundamental right by being included in part iii. this court is thus constituted the protector & guarantor of fundamental rights, & it cannot, consistently with the responsibility so laid upon it, refuse to entertain applications seeking protection against infringements ..... cases presented for decision shall require.81. as already stated above, any law which is restrictive of freedom etc. is either justified as 'police power' or is declared bad as offending the 'due process' clause. vague criteria are deducible, but mostly the policy of 'judicial exclusion ..... discriminations:no. 728-483-viii dated 21-6-1938: exempting 'bona fide' railway travellers in respect of certain qualities of liquor. this is also challenged as amounting to discrimination:no. 1452-viii dated 9-12-1947: granting certain exemption to military messes & canteens belonging to the naval, military .....Tag this Judgment!