Court : Mumbai Aurangabad
..... information of the notification under section 9 of the land acquisition act. therefore, the award is bad in law. we find no force in the contention. in the absence of notice or failure to serve notice, the award does not become invalid. due to the fact ..... the illegal occupant. considered from this perspective, we hold that the high court was not justified in interfering with the award." nasik municipal corporation v. harbanslal laikwant rajpal, air 1997 sc 1701. paragraph 5 of the judgment reads thus :"5. it is then contended by mr. u.r. lalit that the respondents had not been given the ..... a mandatory requirement. it was observed that if powers are exercised for extraneous and irrelevant purpose the notification would be illegal.s. bavajan sahib v. state of kerala, air 1988 kerala 280.this case was cited in respect of computation of period of limitation of two years from the date of declaration for making the award.metro theatre .....
Tag this Judgment!Court : Mumbai
..... year 2002.33 however, once again in 2005 it was noticed that the amendments earlier made primarily focused on the obligations which came into force on the dates specified in the amendment act 15 of 2005. however, a joint committee of both the houses of parliament examined all aspects and recommended various provisions in order to provide ..... the decisions cited by mr.kadam, learned advocate general, are concerned, they are obviously distinguishable. in ravi s. naik vs. union of india and others reported in air 1994 sc 1558, the supreme court has held as under:"20. principles of natural justice have an important place in modern administrative law. they have been defined to ..... opportunity to meet the contents of the amended claims at all.45 the learned advocate general's arguments overlook the object of patent law. in a decision reported in air 1982 sc 1444 (m/s bishwanath prasad radhey shyam vs. m/s hindustan metal industries), the supreme court outlines the object and purpose thus: "17. the .....
Tag this Judgment!Court : Mumbai
..... narendra trivedi, dr sanjay prabhat kapadia, mr. rozario f. pacheco, shri m. a. kamath, mr. lawrence pareira, shri rajendra khairnar and shri charanjit singh rekhi are still acting as senior officials of the lilavati hospital trust. shri dushyant madhukant mehta, though unqualified chemist is managing the medical supplies of the lilavati hospital and records would show that the ..... of delhi) & others 2006 all mr (cri) 1187 (sc) the apex court while making reference to state of haryana v. bhajan lal 1992 scc (cri) 426 =air 1992 sc 604 made it clear that genuineness or credibility of the information is not a condition precedent for registration of a case. that can only be considered after registration ..... [(2006) 4 scc 359]. but dealing with exceptional case the hon'ble apex court in the matter of s.n. sharma v. bipen kumar tiwari reported in air 1970 sc 786 : (1970 cri lj 764) has held that the high court can invoke the jurisdiction under article 226 of the constitution, if the high court .....
Tag this Judgment!Court : Mumbai Nagpur
..... gupta dharamshala still exists. illegal and void order passed under section 22a cannot have the effect of wiping it out. there is no provision in the bombay public trust act, 1950, for its de registration. the trust has got open plot as its property. same can be put to appropriate charitable purpose. the law of the land records respondent ..... to plaintiff before it, cannot confer any benefit on him since the settler of trust had lost power to bequeath it by will. the observations apply with full force even in present circumstances.16. once it is found that the order of deputy charity commissioner of trust is without jurisdiction, the other questions like locus and status ..... can be applied, he has relied upon the judgment in the case of trustees of heh the nizam's pilgrimage money trust vs. i.t. commissioner, reported at air 2000 sc 1802.6. because of the objections on account of delay and laches, the learned counsel has invited attention to contents of writ petition particularly paras 1, 11 .....
Tag this Judgment!Court : Mumbai
..... same is filed by the promoters and builders association of pune. the said association is a duly registered association/ trust under the societies registration act, 1860 and bombay public trust act, 1950. by this petition, the association is espousing the cause of its members, who have received notices from the respondents demanding payment of royalty ..... reason. but, in any case, cannot impose penalty, which would exceed three times of the market value of the mineral in question. we therefore, find force in the submission of the petitioners that section 48 (7) is an enabling provision, which authorizes the appropriate authority to impose penalty upto three times the market ..... the application of the principle of ejusdem generis. the said decisions are the case of grasim industries ltd (2002) 4 scc 297; siddeshwari cotton mills (p) ltd air 1989 sc 1019; amar chandra chakraborty (1972) 2 scc 442; tillmanns & company 1908 kb 385; ichchapur industrial cooperative society ltd. (1997) 2 scc 42; state .....
Tag this Judgment!Court : Mumbai Nagpur
..... section 15, reproduced above. however, this is subject to the exceptions specified in the schedule and to the provisions of any enactment for the time being in force.11. section 16 of the said act deals with the exclusive jurisdiction of the court of small causes, the same being also relevant, is reproduced below :"16. exclusive jurisdiction of courts of small ..... . the said judgment is of, therefore, no help to respondent no.2.27. the judgment of the madras high court in sankararama aiyar v. r. padmanabha, reported in air 1916 madras 891 (2), decided the question whether an appeal lay to the district court of tinnevelly from the judgment of the additional district munsif of tinnevelly in original suit ..... small causes, is of no help to respondent no.2.28. the judgment of the allahabad high court in d.d. vidyarthi v. ram pearey lal, reported in air 1935 allahabad 690, is also on the provision of section 24(4) of the code of civil procedure and hence the same is also of no help to respondent no .....
Tag this Judgment!Court : Mumbai Nagpur
..... a constitutional amendment is also very doubtful.(j) it may be true that a statutory amendment of a rather cognate provisions, like section 115 of the civil procedure code (amendment) act,1999 does not and cannot cut down the ambit of high court's power under article 227. at the same time, it must be remembered that such statutory amendment ..... giving reasons for disagreement to part of the ratio in surya dev rai, the court said thus in para 23, 24, 26 and 32 : " (23) in mirajkar air 1967 sc 1 a ninejudge constitution bench considered the history of writ of certiorari and after considering the various english and indian decisions came to the conclusion "certiorari does not ..... the forum where such petitions will be heard."8. after referring to the judgment of bombay high court in the case of jhaman karamsingh dadlani v. ramanlal maneklal kantawala (air 1975 bom.182), and in particular para 4 thereof, the apex court in para 27 and 28 observed thus :" (27) from a perusal of paragraph 4 of jhaman .....
Tag this Judgment!Court : Mumbai
..... , he may be charged with, and tried at one trial for, every such offence.(2) . . . .(3) if the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with, and tried at ..... offences under the same transaction being tried together.13. in the earliest of such cases being the case of kashiram jhunjhunwalla vs. (firm) hurdul rai gopal rai, air 1935 calcutta 312, it was held that the offence of misappropriation in respect of several items could be joined with the charge of falsification to accounts which is one ..... judgment of the supreme court would determine if this course of action is justified or allowable. in this case of aftab ahmed khan vs. the state of hyderabad, air 1954 sc 436 the accused was charged with having committed offences of murder, attempt to murder, confinement and extortion. the supreme court in appeal inter alia considered the .....
Tag this Judgment!Court : Mumbai
..... then, absence of bcci is a vital factor. as observed by sabyasachi mukherji, j. for the calcutta high court in general enterprises and others vs jardine handerson ltd., air 1978 cal. 407, (para 15) "..... as the saying goes that to stage hamlet without the prince of denmark would be improper....."57. by brushing aside such a ..... v maestro engineers and others, (2010) 1 scc 72, wherein the apex court quoted the following observations in abdul kadir shamsuddin bubere v madhav prabhakar oak, air 1962 sc 406 :"17. there is no doubt that where serious allegations of fraud are made against a party who is charged with fraud desires that the matter ..... another, (2008) 4 scc 190.13. in reply, dr. abhishek singhvi has submitted that section 5 of the arbitration act specifically provides that notwithstanding anything contained in any other law for the time being in force, no judicial authority shall intervene except where so provided in this part. section 16 also provides that the arbitral tribunal may .....
Tag this Judgment!Court : Mumbai
..... assessment for excess profits tax. chief justice harilal kania, who delivered one of the judgments of the constitution bench, held that the question as to where income has 32 (1950) 18 itr 472 accrued has to be determined on the facts of each case. the income may accrue or arise at the place of the source or elsewhere. when the ..... prepared to assume that the legislature has, by a side-wind, swept away the well established fundamental legal concepts of the law of corporation in making the legislation."19 air 1975 sc 2260a division bench of the delhi high court, consisting of mr.justice d.p.wadhwa and mr.justice dalveer bhandari (as their lordships then were) in corrasco ..... a cheque or by draft or by any other mode whichever is earlier, deduct income tax thereon at the rates in force. under sub section (2), where a person responsible for paying any such sum chargeable under the act to a non-resident considers that the whole of such sum would not be income chargeable in the case of the recipient .....
Tag this Judgment!