Court : Mumbai
..... award should state the reasons above, which is based upon section 31(3) of the arbitration act, and further that the arbitral tribunal should decide in accordance with the terms of contract under section 28(3) of the arbitration act. having once adopted and specifically, agreed to proceed before the expert arbitrator without producing any oral ..... not otherwise. section 5 reads as follows: 5. extent of judicial intervention. notwithstanding anything contained in any other law for the time being in force, in matters governed by this part, no judicial authority shall intervene except where so provided in this part. 16. it is important to note that the 1996 ..... invoke the principle of severability where the matter submitted to arbitration can clearly be separated from the matters not referred to arbitration and decision thereupon by the arbitral tribunal. admittedly, additional work done-ntitlement for extra amount: 55. most of the claims of landt, in the present case in hand, are for the extra/ .....
Tag this Judgment!Court : Mumbai
..... not well founded, in the facts of the present case. in the said decision the supreme court was considering a challenge to the decision of the armed forces tribunal which had allowed the original applications filed by the respondents whereby a policy circular dated 20 january 2009 issued by the government of india was quashed with ..... post or claim, absorption/ regularization in the permanent service of the corporation. it is submitted that it is not the case that the respondent has acted arbitrarily or has singled out the petitioners by not extending their contractual engagement but as a matter of policy decision, the corporation has decided not to ..... respondent-corporation. 4. the facts lie in a narrow compass: the respondent-life insurance corporation (lic) is a body constituted under the life insurance corporation act, 1956. the respondent had framed a scheme for engaging services of senior marketing executives on contract basis. the scheme was called as life insurance corporation of .....
Tag this Judgment!Court : Mumbai Aurangabad
..... and 73 as under: 65. the factual position to which the law laid down is to be applied, is stated as under: (a) before coming into force of the said act on 18-10-2001, the appointments and promotions were made against the post reserved for scheduled castes, scheduled tribes, denotified tribes (vimukta jatis), nomadic tribes, other ..... supplied)" "91. the power of superintendence under article 227 of the constitution conferred on every high court over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction is very wide and discretionary in nature. it can be exercised ex debito justitiae i.e. to meet ..... and the purpose of this article seems to be to make the high court the custodian of all justice within the territorial limits of its jurisdiction and to arm it with a weapon that could be wielded for the purpose of seeing that justice is meted out fairly and properly by the bodies mentioned therein." (emphasis .....
Tag this Judgment!Court : Mumbai
..... ing vysya bank ltd. vs. modern india ltd. was dealing with the question whether the provisions of section 41 of the small causes courts act would bar jurisdiction of an arbitral tribunal to entertain a claim for specific performance of an agreement of renewal contained in an agreement of licence executed between a licensor and a licensee. ..... renewal, for all purposes and intents, a new lease is to be executed and in case of extension, the same lease continues in force during the additional period by the performance of stipulated acts. he urged that this principle laid down in binding precedent has not been considered by the learned single judge in the case of ..... tribunal. what is material is paragraph 8 of the said decision which reads thus :- "8. the first thing to be noted about section 41 is that it is prefaced with a non obstante provision as a result of which the provisions of sub section (1) are given overriding force and effect notwithstanding anything contained elsewhere in the act .....
Tag this Judgment!Court : Mumbai Nagpur
..... in view of the decision of this court delivered in writ petition no.5383 of 2014 in case of vidarbha maharogi seva mandal, tapovan, amaravati vrs. the member, maharashtra revenue tribunal, nagpur and others, on 23.02.2016. in paragraph nos.33 and 34 of the said decision, it is held as under; "33. in view of above, it follows that ..... the requirement of sub-section (1) of section 46 or sub-section (1) of section 49-a under chapter iii of the said act, the exemption under section 129(b) of the said act can be claimed only after coming into force of the said act. once it is held that the trust is entitled to exemption under section 129(b) of the said ..... his title becomes indefeasible by obtaining certificate of purchase under sub-section (8) of section 43 of the said act. in order to get protection, the tenant or his successor-in-interest must be armed with the weapon in the form of such certificate. the undisputed factual position in this case is that till this date, the tenant or his legal .....
Tag this Judgment!Court : Mumbai
..... reference bad in law as stated by first party in para 1 to 4 of its written statement and under section 2k of i.d. act 22. the tribunal, in short, held that the reference was maintainable; that the contracts between the petitioner and the contractors were sham and bogus and a ..... used by the petitioner to employ workmen. she contended that the position before the clra act came into force was that contract labour matters were dealt with by the industrial tribunal under section 10 of the industrial disputes act, 1947 and the question generally arose whether the arrangement is sham and bogus and ..... the tribunal directed abolition of contract labour system if certain criteria was met. she submitted that these judicially evolved criterias now stand incorporated in section 10 of the act .....
Tag this Judgment!Court : Mumbai Goa
..... disputant (petitioner- society), was not a dispute within the meaning and purview of section 91 of the mcs act, as in force in the state of goa. the judgment and order were carried in appeal before the co-operative tribunal, goa, by the petitioner. however, the appeal was also dismissed by the judgment and order passed on 03 ..... , does not fall within the scope and ambit of section 91 of the mcs act, is perverse, arbitrary and not at all based upon the facts and documents placed on record. he submits that the assistant registrar as well as the appellate tribunal, have not at all considered the documents placed on record by the petitioner in ..... would be necessary first to understand what the section 91 of mcs act lays down. it reads as under : 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 .....
Tag this Judgment!Court : Mumbai Goa
..... disputant (petitioner- society), was not a dispute within the meaning and purview of section 91 of the mcs act, as in force in the state of goa. the judgment and order were carried in appeal before the co-operative tribunal, goa, by the petitioner. however, the appeal was also dismissed by the judgment and order passed on 03 ..... , does not fall within the scope and ambit of section 91 of the mcs act, is perverse, arbitrary and not at all based upon the facts and documents placed on record. he submits that the assistant registrar as well as the appellate tribunal, have not at all considered the documents placed on record by the petitioner in ..... would be necessary first to understand what the section 91 of mcs act lays down. it reads as under : 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 .....
Tag this Judgment!Court : Mumbai Aurangabad
..... available, 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 ..... remarriage, whichever is earlier, and the said definition of widow, is in accordance with law and in accordance with the provisions of hindu adoption and maintenance act, 1956. according to the learned counsel appearing for the petitioners, after the re-marriage, the status of widow as family member vanishes and she becomes .....
Tag this Judgment!Court : Mumbai
..... by the sole arbitrator cannot be restored. this court cannot direct the respondent to pay the amount awarded under the award rendered by the lower arbitral tribunal under section 34 of the arbitration and conciliation act, 1996. prayer (b) of the arbitration petition is thus rejected. it is for the petitioner to adopt appropriate proceedings in accordance with law as ..... of the petitioner through member were subject to the rules, bye-laws and regulations of national stock exchange and its clearing corporation, guidelines prescribed by sebi and in force from time to time and circulars as may be issued by national stock exchange of india limited of its clearing corporation/clearing house and in ..... force from time to time. he submits that thus even if the said clearing member had disposed of the collaterals of the petitioner, the same was in accordance with .....
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