Court : Mumbai
..... of manual match manufacturers. but ours is not to reason why that being a policy decision of government dependent on pragmatic wisdom playing on imponderable forces at work. our jurisdiction halts where the constitutional touchstone of a rational differentia having a just relation to the legislative end to revenue raising is satisfied ..... means. the state is prosecuting those persons under the criminal law of land for having acquired / obtained income / property by committing breaches of the various act referred to therein. the classification is restricted only to those persons who are involved in crimes which in parliament's experience/ wisdom could have lead to generation ..... a law of procedure. 107:- the aforesaid principles have been consistently adopted and applied in subsequent cases. in ram krishna dalmia v. s.r. tendolkar - air 1958 sc 538, this court reiterated the principles which would help in testing the legislation on the touchstone of article 14 in the following words : (a) .....
Tag this Judgment!Court : Mumbai
..... case of associate builders (supra) and in the case of o.n.g.c. vs. western geco international ltd. (supra) shall apply to the foreign award with same force is contrary to the principles laid down by the supreme court in the case of shri lal mahal ltd. (supra) and is also contrary to sections 47 and 48 ..... thereof cannot be doubted merely for asking. the supreme court has adverted to its earlier judgment in case of state of maharashtra vs. ramdas shrinivas nayak and anr. air 1982 sc 1249, in which it was held that the judge's record was conclusive. neither lawyer nor litigant may claim to contradict it, except before the judge himself ..... arbitration law which exclusively governs this question. it was provided that in such a case, the arbitral tribunal must accept jurisdiction pursuant to article 186(2) of the pil act and cannot decline it ex officio. ? he submits that the arbitral tribunal has also rendered a finding that the respondent did not raise any jurisdictional objection relating to .....
Tag this Judgment!Court : Mumbai
..... magistrate or the district magistrate may take or cause to be taken such steps and use, or cause to be used, such force, as may, in his opinion, be necessary. (3) no act of the chief metropolitan magistrate or the district magistrate any officer authorised by the chief metropolitan magistrate or district magistrate done in pursuance ..... district and sub-district of mumbai city and mumbai suburban and within the local limits of greater mumbai municipal corporation by taking such steps and using such force including breaking open the lock thereof or taking assistance of police, if required, at the expenses of the applicant and deliver possession thereof along with documents/ ..... the following decisions: (i) harshad govardhan sondagar vs. international assets reconstruction company limited and ors. (2014) 6 scc 1. (ii) ram kumar das vs. jagdish chandra deo air (39) 1952 sc 23. (iii) anthony vs. k. c. ittoop and sons and ors. (2000) 6 scc 394. (iv) burmah sheel oil distributing now known as .....
Tag this Judgment!Court : Mumbai
..... judgment that when an agreement is entered into subject to ratification by others, a concluded contract is not arrived at. such a clause is condition precedent for coming into force of a concluded contract. 34. the judgment of the privy council in the case of warehousing and forwarding co. of east africa ltd. vs. jafferali and sons ..... which alone the parties could perform their respective obligations. 38. in the case of boothalinga agencies vs. v.t.c. poriaswami nadar, air 1969 sc 110 also section 56 of the indian contract act was considered for analysing the doctrine of frustration of contract. it is held hat the doctrine of frustration of contract cannot apply when event ..... on the property subject to the consent of the other co-owners (clause 8). (this is upon the mandate under section 44 of the transfer of property act, 1982 (the tp act)).obligation of the original defendant(n) the original defendant as the vendor was to get the consent of all other persons, if any, interested in the .....
Tag this Judgment!Court : Mumbai Goa
..... ) 4364, (iv) bharat m.n (sic) v/s. mr. satish ashok sabni (sic) reported in 2003(4) mhlj 259, (v) pandurang dhoni chougule v/s. maruti jadhav reported in 1966 air sc 153, (vi) jain studios limited v/s. maitry exports pvt. ltd. reported in i (2008) bc 640, (vii) national insurance co. ltd. v/s. boghara polyfab pvt. ltd. reported ..... is placed on the decision of the hon'ble supreme court in the case of tarinikamal pandit and ors. v/s. perfulla kumar chatterjee (dead) by lr's. reported in air 1979 sc 1165. 34. it is contended that in any case the issue of limitation could not have been decided at the threshold as it is always a mixed question ..... instrumentality of any government or authority entitled to give any order, direction or mandate to any person and which the person receiving the same is bound to obey or act according to such order, direction, etc. whether or not having force of law; statutory approval ? means an approval by a regulatory agency to a person to do or refrain from doing any .....
Tag this Judgment!Court : Mumbai Nagpur
..... ), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee ..... act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950 ..... professional treating patients and diagnosing diseases cannot be held to be a "workmen" within the meaning of section 2(s) of the i.d. act. doctors' profession is a noble profession and is mainly dedicated to serve the society, which demands professionalism and accountability. distinction between occupation and profession is .....
Tag this Judgment!Court : Mumbai Nagpur
..... appeal are that it is the case of the appellant that it is a society registered under provisions of the societies registration act, 1860 and is also a public trust under provisions of the maharashtra public trusts act, 1950. it is running an educational institution since last many years and the same is being run on the basis of donations received ..... the trial court. 14. at this stage, reference can be made to the decision of the supreme court in raizada topandas and another. vs. m/s gorakhram gokalchand, air 1964 sc 1348 wherein it was observed thus: (7) in answering this question it is perhaps necessary to refer to the general principle which admittedly governs the question of jurisdiction ..... hardly be equated with a suit under the code. the finding that the civil court has no jurisdiction to entertain the subject matter of the suit has the force of a decree under section2(2) of the code and, therefore, a remedy of appeal under section 96 of the code would be available. 13. in greave cotton .....
Tag this Judgment!Court : Mumbai
..... drugs which are injurious to health. ? (emphasis supplied) 70. the constitution bench of the supreme court in the case of municipal corporation ahmedabad vs. jan mohammed, (air 1986 sc 1205) ?, in laying down the principles of interpretation which would be applicable in testing a challenge to a legislation on the ground that it violates the fundamental ..... as also to meet the dynamic requirements of indian food trade and industry and international trade. ? scheme of the fss act,2006. 28. on the aforesaid legislative background fss act,2006 was enacted and was brought into force at different dates as provided for in sub-section (3) of section 1. a perusal of the scheme of the ..... for sale of adulterated food are 172 fairly common. section 3(1) of the english "foods and drugs act", 1938, imposes absolute duty on a dealer in foodstuff regardless of negligence :lindley v. george w. horner and co. ltd.; 1950-1 all er 234 and lamb v. sunderland and district creamery ltd.; 1951-1 all er 923. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... , the petition was disposed of, leaving open to the petitioners to avail the alternative remedy. the petitioners filed original application no.73/2012 before the armed forces tribunal, regional bench at mumbai, seeking direction to the respondent nos.1 to 5 to recover 50% final settlement account, and afpp fund amount from the ..... the dependants, and therefore, para 11.3 of the said letter scheme is contrary to the provisions of section 21 of the hindu adoption and maintenance act, 1956, and section 125 of the criminal procedure code. the learned counsel invited our attention to the provisions of section 125 of criminal procedure code and submits that, the respondent ..... by the tribunal, the petition is maintainable in view of the judgment of the supreme court in the case of l.chandra kumar vs. union of india (air 1997 sc 1125). therefore, relying upon the pleadings in the petition and annexure thereto, and the relevant provisions, the learned counsel appearing for the petitioners submits .....
Tag this Judgment!Court : Mumbai
..... 1074. 19. he submitted that on 4.1.2002, the board was incorporated under section 13. he further submitted that on 1.11.2013 the amendment act was brought into force. though the act is a central act, under sub-section (1) of section 83 power is given to the state government to constitute tribunals. it cannot be expected from the state government to ..... balu vs basantgounda mamggounda, 1954 (56) bom.l.r. 520; 4. bharat chandra malti vs. gour chandra adak, a.i.r. 1953 cal 95; 5. krishna chandra vs panchu ghosh, air 1953 cal 720; 6. lachmi chand suchati vs. ram pratap chaudhry, (1934 i.l.r. 14, patna, 24 (fb); 7. sat narain gurwala vs. hanuman prashad, a.i.r. 1946 ..... 12 to 14; (2) afcons infrastructure ltd vs cherian varkey construction co. (p) ltd, (2010) 8 scc 24 and in particular paragraph 21; (3) bhagat ram vs union of india, air 1988 sc 740 and in particular paragraphs 17 and 9 thereof. 15. he further submitted that the plaintiff has alleged that city survey no.1/50 to 11/50 and .....
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