Court : Mumbai Goa
..... act, 1925, the hindu succession act, the indian divorce act, 1865, etc., with the result that the rights of all persons with regard to succession were governed by the ..... extended to the territory did not include any laws relating to succession. after the liberation of goa, under the goa daman and diu administration act, 1962 and the subsequent regulations many indian laws were extended to the state of goa and the corresponding laws earlier in force have been repeated but, however, the laws which were not extended include the indian succession .....
Tag this Judgment!Court : Mumbai
..... voters, as required, can be published for the purpose of election and/or other related matters. this is certainly in the background of the m.c.s. act, acts, rules and the bylaws of the society, which deals and govern with various kinds of members and their statutory rights including a publication of their names in ..... deletion of the voters from the provisional and/or final list cannot be maintained at the instance of the petitioners. 4) the relevant rules which have been in force with effect from 11.09.2014 called the maharashtra cooperative societies election to the committee rules, 2013 (the rules), part-iii (preparation of electoral roll), ranging from ..... of the society-respondent no.4 have been considered/accepted by the returning officer-respondent no.4, in view of the provisions of the maharashtra co-operative societies act, 1960. however, by the present petition, the action of respondents of finalising the voters' list by deleting the other 804 members has been challenged and thereby .....
Tag this Judgment!Court : Mumbai
..... , operating either by itself or through its subsidiaries or joint venture companies. these multinational enterprises had transaction between themselves and these transactions not being subject to market forces, the consideration were fixed within the group to ensure transfer of income from one tax jurisdiction to another as appeared profitable to them. thus, the new sections ..... total shortfall of rs.1308.91 crores. both the ao and the tpo on application of the transfer pricing provisions in chapter x of the income tax act 1961, (the act) held that this amount of rs.1308.91 crores is income. further, as a consequence of the above, this amount of rs.1308.91 crores ..... intent of the legislation relies upon the decision of the supreme court in maulavi hussain haji abrahim v. state of gujarat 2004 air sc 3946 rendered in the context of prevention of terrorist activities act 2002 (pota). this transaction of issue of shares by the petitioner company to its holding company has nothing to do even .....
Tag this Judgment!Court : Mumbai
..... 2005 is prospective and would have no application where succession opened prior to the amendment act of 2005 coming into force. (d) the division bench did not agree with decision of the karnataka high court in pushpalatha n. v. v/s. v. padma (air-2010-karnataka-124)wherein it was held that the section is retrospective and would apply ..... however, the widow was entitled only to limited estate in the property i.e. life estate and could not dispose of the property during her life time. principal act 17. in 1950, while framing the constitution, articles 14, 15(2)and (3) and 16 of the constitution of india, sought inter alia to restrain practice of discrimination against women ..... is cited may be reluctant to hold that its predecessor failed to consider a point directly raised in the case before it (gibson vs. south american stores ltd. (1950)ch.177 at 196-197 (c.a.)), and this reluctance will be particularly pronounced if the sub silentio attack is levelled against not one case but a series ( .....
Tag this Judgment!Court : Mumbai
..... rent control laws in operation in the state; (c) clause 2(2) ensures that the existing protection to the tenants in the areas where the three rent acts are in force remains unaltered; (d) rents have remained frozen at prewar levels. a certain degree of relief in increase in rent was provided to the landlords in the ..... of special jurisdiction as referred in section 28 was frequently considered. in that regard, reliance placed by mr. devitre on the judgments of the learned single judge reported in air 1967 (bombay) 434 (vishnu dutt vashisth v/s maharashtra watch and gramophone company and firm at bombay and others) and 2005 (3) bombay cases reporter 579 ( ..... then has referred to several decisions including a full bench judgment of this court in the case of dattatraya krishna jangam v/s jairam ganesh gore reported in air 1965 bombay 177. the honourable supreme court held that before getting injunction, whether temporary or permanent, the plaintiff has to establish a legal right for the said .....
Tag this Judgment!Court : Mumbai Aurangabad
..... contained in the code of civil procedure, 1908 (5 of 1908) or any other law for the time being in force, include a district court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the suit ..... or other civil proceeding arising under this chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this act shall be instituted in the district court having jurisdiction. (2) for the purpose of sub-section (1), a district court having jurisdiction? shall, notwithstanding anything ..... gain.? 10. in the case of glaxooperations uk ltd. middlesex (england) and others vs. samrat pharmaceuticals kanpur reported in air 1984 delhi 265 the apex court has observed that section 62 of the act of 1957 is not a bar for allowing jurisdiction but it describes additional ground as laid down in section 20 of cpc .....
Tag this Judgment!Court : Mumbai
..... proceed in accordance with law by order dated 13th august, 2012 itself. the interim protection with regard to the immovable property is concerned, has been in force since long. 43 now considering the continuation of the order so passed and the fact that the arbitral award has attained finality and considering the averments so ..... requires, foreign award means an arbitral award on differences between persons arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in india, made on or after the 11th day of october, 1960 (a) in pursuance of an agreement in writing for arbitration to which the convention ..... an enforcement of domestic award or the foreign award if not covered by part ii of the arbitration act. section 49 deals with the enforcement of foreign award and so also section 58, based upon the respective conventions. 40 in bangladesh air service (pvt.) ltd. vs. british airways plc (1998) 23 year book commercial arbitration (bangladesh .....
Tag this Judgment!Court : Mumbai
..... clause was as follows:- any dispute arising under this policy shall be finally and fully determined in london, england under the provisions of the english arbitration act of 1950 as amended it is in the said context the learned judge has observed in para 24 of the said report as follows:- by agreeing to the 1996 ..... otherwise requires, foreign award means an arbitral award on differences between persons arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in india, made on or after the 11th day of october, 1960 - (a) in pursuance of an agreement in writing for arbitration to which the convention set ..... expeditious disposal in accordance with law. in the said context the judgment of a learned single judge of this court is also relevant, which judgment is reported in air 2000 bom 108 in the matter of kevalkrishna balakram hitkari v/s anil keval hitkari. para 8 of the said judgment is relevant and is reproduced herein under .....
Tag this Judgment!Court : Mumbai
..... relevant clause was as follows:- any dispute arising under this policy shall be finally and fully determined in london, england under the provisions of the english arbitration act of 1950 as amended it is in the said context the learned judge has observed in para 24 of the said report as follows:- by agreeing to the 1996 arbitration ..... otherwise requires, foreign award means an arbitral award on differences between persons arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in india, made on or after the 11th day of october, 1960 - (a) in pursuance of an agreement in writing for arbitration to which the convention set ..... chemical co. ltd (supra) has been followed by the apex court in shaktibhog foods ltd, (supra) as also by a division bench of this court in caribjetinc. vs. air india ltd. (supra), as also by a learned single judge of this court in olive healthcare vs. lannet company inc. (supra). hence, in the light of the aforesaid .....
Tag this Judgment!Court : Mumbai
..... , which reads as under:- chapter ix [settlement of disputes] 91. disputes (1) notwithstanding anything contained in any other law for the time being in force, any dispute touching the constitution, elections of the committee or its officers other than elections of committees of the specified societies including its officer, conduct of general ..... in vardhamandevelopers limited v. thailambal co-operative housing society ltd. and ors., wherein the learned single judge observed as under:- section 91 (of the act) brings within its purview disputes touching inter-alia the constitution, management or business of a society. now in the present case, the process of re- ..... as only co-operative court has the jurisdiction to try the subject-matter of the present suit under section 91 of the maharashtra co-operative societies act, 1960 (hereinafter the act, for short). 2. respondent no. 1 herein (hereinafter referred to as the plaintiff) entered into re-development agreement with ganga vihar co- .....
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