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Mar 26 2008

Yuth Development Co-operative Bank Ltd. Vs. Balasaheb Dinkarrao Salokh ...

Court : Mumbai

Decided on : Mar-26-2008

Subject : Civil

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13, 13(2), 13(3), 13(4), 17, 18 and 34; Maharashtra Co-operative Societies Act - Sections 91 and 164; Transfer of Property Act, 1882 - Sections 69 and 69A; Code of Civil Procedure (CPC) - Sections 9A

Reported in : 2009(1)BomCR444; 2008(5)MhLj326

Advocate for Appellant : A.A. Kumbhakoni and; A.M. Kulkarni, Advs.

J.H. Bhatia, J.1. Heard the learned Counsel for the Parties.2. To state in brief, the respondent No. 1 before this Court is the original plaintiff and the applicant is the original defendant No. 1. Respondent Nos....

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Jul 13 2001

Gafur Vs. Hirabai W/O Dnyanshswar Kolte (Sou.)

Court : Mumbai

Decided on : Jul-13-2001

Subject : Tenancy

Acts : Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 13(1)

Reported in : 2001(4)BomCR691

Advocate for Appellant : A.A. Kumbhakoni, Adv.

A.M. Khanwilkar, J.1. This writ petition under Article 227 of the Constitution of India takes exception to the Order passed by the IInd Additional District Judge, Pune dated February 18, 1989 in Regular Civil Appeal No....

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Jul 31 2002

Kinjal Vasantrai Sangani and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Decided on : Jul-31-2002

Subject : Constitution

Acts : Constitution of India - Articles 14, 15, 226, 341 and 342

Reported in : 2002(4)ALLMR10; 2003(1)BomCR284

Advocate for Appellant : Ramrao Adik, Sr. C. and ;R.V. Govilkar, Adv.

D.B. Bhosale, J.1. All the twenty-four writ petitions involve similar facts and common issues and, therefore, are being disposed of by this common judgment. In these writ petitions, the petitioners are seeking directions to the respondent...

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Oct 10 2006

Karantikari Suraksha Rakshak Sanghatana Vs. State of Maharashtra and o ...

Court : Mumbai

Decided on : Oct-10-2006

Subject : Labour and IndustrialConstitution

Acts : Maharashtra Private Security Guards (Regulation of Employment and Welfare) (Amendment) Act, 1996; Maharashtra Private Security Guards (Regulation of Employment and Welfare) (Amendment) Act, 1981 - Sections 1(4), 3, 3(4), 6, 8, 10, 10(2), 11, 12, 15, 15(2), 19, 20, 21, 21(4), 22 and 23; Contract Labour (Regulation and Abolition) Act, 1970; Workmen's Compensation Act, 1923; Workmen's Compensation Rules; Payment of Wages Rules; Maternity Benefit Rules; Payment of Wages Act, 1936; Maternity Benefits Act, 1961; Maharashtra Mathadi and Hamal and other Manual Workers (Regulation of Employment and Welfare) Act, 1969; Dock Workers (Regulation of Employment Act, 1948; Constitution of India - Articles 14, 19(1), 21, 38, 39, 41, 42, 43, 46, 254 and 254(2)

Reported in : 2006(6)ALLMR401; 2006(6)BomCR673

Advocate for Appellant : Sanjay Singhavi, ;Jane Cox and ;Tanu Mehta Tiwari, Advs. in Writ Petition No. 5046 of 2000, ;S.S. Pakale, ;Ranjana Todankar and ;Sonali, Advs. in Writ Petition No. 5231 of 2000 and Prakash Mahadik, Ad

H.L. Gokhale, J.1. These three Writ Petitions are filed by three different Trade Unions but all of them pray that the Maharashtra Private Security Guards (Regulation of Employment and Welfare) (Amendment) Act, 1996 be declared to...

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Sep 21 2001

Jimmy Abraham Thomas and ors. Vs. the State of Maharashtra and ors.

Court : Mumbai

Decided on : Sep-21-2001

Subject : Constitution

Acts : Indian Contract Act, 1872 - Sections 3; Evidence Act, 1872 - Sections 115; Constitution of India - Articles 14, 226 and 266; Code of Civil Procedure (CPC), 1908 - Order 1, Rule 8; Dentists Act, 1948 - Sections 10A and 10B(3); Indian Medical Councils Act, 1956 - Sections 10A, 10A(1), 10A(2), 10A(7), 10B, 10B(1), 10C, 20 and 33; Indian Medicine Central Council Act, 1970 - Sections 3; Medical Council (Amendment) Act, 1993

Reported in : 2002(1)ALLMR1; 2002(3)BomCR219

Advocate for Appellant : V.C. Kotwal, Senior Advocate, ;Gulam E. Vahanvati, Advocate General, ;A.A. Kumbhakoni, Special Counsel, ;Armin Kalyanram, A.G.P., ; Sunip Sen, A. Wani and Mehul Shah, Advs. i/b., Little & Co.,

H. L. Gokhale, J.1. All the writ petitions in Group (A) above invoking Article 226 of the Constitution of India raise common questions with respect to the correctness and legality of the Maharashtra Health Sciences Common...

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Mar 04 1994

Tukaram Genba Jadhav and Others Vs. Laxman Genba Jadhav and Another

Court : Mumbai

Decided on : Mar-04-1994

Subject : Family

Acts : Hindu Succession Act, 1956 - Sections 4(2), 6, 8 , 14 and 22; Constitution of India - Article 246(2); Govt. of India Act, 1935; Hindu Women's Rights to Property Act, 1937 - Sections 3; Hindu Women's Rights to Property (Amendment) Act, 1938; M.P. Land Revenue Code, 1954 - Sections 151

Reported in : AIR1994Bom247; (1994)96BOMLR227; 1994(1)MhLj991

Advocate for Appellant : Anil V. Anturkar and ;Kumbhakoni, Advs.;V.B. Naik appointed as Amicus Curiae

1. This appeal is directed against the judgment and decree dated 9th November, 1993, passed by the learned IInd Additional District Judge, Satara, in Regular Civil Appeal No. 63 of 1990 arising from Regular Civil Suit...

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Nov 21 2003

Ranjit Sinh V. Patil and ors. Vs. Collector and ors.

Court : Mumbai

Decided on : Nov-21-2003

Subject : Trusts and SocietiesElection

Acts : Maharashtra Co-operative Societies Act, 1961 - Sections 27(9) and 144Y

Reported in : 2004(3)BomCR738; 2004(3)MhLj642

Advocate for Appellant : A.A. Kumbhakoni, Adv.

D.B. Bhosale, J.1. Rule. Returnable forthwith. Mr. Sakhare, learned senior counsel, waives service for the respondents. Heard finally by consent of the parties.2. This writ petition raises a short yet important question of law as to...

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Mar 06 1999

Shri Shashikant Shamrao Mane and Others Vs. Shri Atmaram Yallappa Shew ...

Court : Mumbai

Decided on : Mar-06-1999

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 12 and 21; Indian Contract Act, 1872 - Sections 73; Code of Civil Procedure (CPC), 1908 - Order 27, Rule 4

Reported in : 1999(3)BomCR592; 1999(2)MhLj489

Advocate for Appellant : A.A. Kumbhakoni, Adv.

ORDERT.K. Chandrashekhara Das, J.1. This writ petition is filed challenging the order passed by the Vth Joint Civil Judge, Senior Division, Kolhapur on 20th March, 1993 in Special Civil Suit No. 117 of 1984. The said...

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Apr 12 2007

FountaIn Head Developers Vs. Mrs. Maria Arcangela Sequeira (Since Dece ...

Court : Mumbai

Decided on : Apr-12-2007

Subject : Arbitration

Acts : Arbitration Act, 2004; Arbitration and Conciliation Act, 1996 - Sections 2, 8, 9, 11, 14(2), 34, 34(1), 34(2), 34(3), 36, 37, 37(1), 37(2), 37(3), 39, 42 and 43; Bombay Civil Courts Act, 1869 - Sections 5, 7, 9, 16, 21 and 24; Goa, Daman and Diu Civil Courts Act, 1965; Code of Civil Procedure (CPC) - Sections 16 to 20 and 100; Arbitration and Conciliation Act, 1940 - Sections 2, 21, 39, 39(1) and 39(2); Arbitration (Protocol and Convention) Act, 1973; Foreign Awards (Recognition and Enforcement) Act, 1961; General Clauses Act, 1897 - Sections 3(17); Bombay General Clauses Act, 1904 - Sections 3(15)

Reported in : AIR2007Bom149; 2007(3)ALLMR304; 2007(2)ARBLR362(Bom); 2007(3)BomCR393; 2008(1)CTC7

Advocate for Appellant : R.D'souza, Adv. and ;S.G. Kantak, Adv. General in Arbitration Appeal No. 13 of 2005, ;A.A. Kumbhakoni and ;A.M. Kulkarni, Advs. in Appeal from Order No. 1068 of 2005, ;P.M. Arjunwadkar, Adv., i/b., G.

D.B. Bhosale, J.1. In view of a divergence of the views in two judgments of learned Single Judges of this Court, the first being in Cotton Corporation of India Ltd. v. Sharad Shetkari Soot Girni Niyamit...

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Sep 20 2003

Sou. Suvarna Prakash Patil Vs. Anil Hindurao Powar,

Court : Mumbai

Decided on : Sep-20-2003

Subject : Election

Acts : Constitution of India - Articles 102, 102(1), 103, 103(1), 190(3), 191, 191(1), 192, 192(1), 192(2), 226, 227, 243B, 243F, 243F(1) and 243F(2); Bombay Village Panchayats Act, 1958 - Sections 14, 16, 16(2), 129, 129(1), 129(2) and 129(4); Bombay Village Panchayats (Amendment) Act, 1992

Reported in : 2004(1)ALLMR767

Advocate for Appellant : A.A. Kumbhakoni and ;Ashutosh Kulkarni, Advs.

A.M. Khanwilkar, J.1. This Writ Petition is essentially under Article 227 of the Constitution of India, taking exception to the Judgment and order passed by the Divisional Commissioner, Pune Division dated March 31, 2003 in Appeal...

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