Court : Mumbai
..... not attracted. 4) the petitioners, aggrieved by the order passed by the sub-divisional officer, took exception to the same by filing revision applications before the maharashtra revenue tribunal (mrt) being revision application nos. 11 of 2012 to 14 of 2012. the mrt, by the impugned order, has dismissed the revision applications. before the mrt, ..... court under article 227 of the constitution of india is invoked against the common order dated 22nd march, 2013 passed by the learned president of the maharashtra revenue tribunal, by which order, the revision applications being revision application nos. 11b of 2012, 12b of 2012 and 13b of 2012 and 14b of 2012, came to ..... abolition act are the two provisions in contention, the same are reproduced herein under for the sake of convenience: 32-o. right of tenant whose tenancy is created after tillers' day to purchase land. (1) in respect of any tenancy created after the tillers' day [by a landlord (not being a serving member of the armed forces)] .....
Tag this Judgment!Court : Mumbai Goa
..... loss is caused, to third party, in motor vehicle accident it is open to such person either to approach the tribunal under section 166 of the mv act or to go to civil court. thus, there is no force in the submission made by the learned counsel for the insurance company. this court holds that the transporter like the claimant ..... some diesel was still there as there were four compartments to the tanker cannot be accepted. the tribunal has observed that the possibility that some diesel was salvaged after the accident cannot be ruled out. this court finds no force in the submission. the record is sufficient to prove that damage was caused to the tanker containing ..... not so joined, shall be impleaded as respondents to the application. 25. it appears that the tribunal has also considered such technicalities and held that the claimant cannot be considered as the owner of the diesel. 26. the mv act is a social and beneficial legislation and the interpretation of the provisions needs to be made to see .....
Tag this Judgment!Court : Mumbai
..... constitution confers on every high court the power of superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction excepting any court or tribunal constituted by or under any law relating to the armed forces. without prejudice to the generality of such power the high court has been conferred ..... concerned with jurisdiction and jurisdiction alone involving a refusal to exercise jurisdiction where one exists or an assumption of jurisdiction where none exists, and lastly acting with illegality or material irregularity. it has been held that where there is no question of jurisdiction in this manner the decision cannot be corrected, ..... court - (a) has exercised jurisdiction not vested in it by law, or (b) has failed to exercise jurisdiction so vested, or (c) has acted in exercise of its jurisdiction illegally or with material irregularity. iv) the 'exercise of jurisdiction illegally' means breach of the provision of law and with material .....
Tag this Judgment!Court : Mumbai
..... be accepted for more than one reason. section 11-a, confers a jurisdiction on the labour court, tribunal or national tribunal to act in a particular manner which jurisdiction it did not have prior to the coming into force of section 11-a. this is the reason why this court held that section 11-a cannot ..... as for the revenue. the determination of this question requires for consideration the manner in which the tax authorities and tribunals are to proceed in cases relating to international transactions and computation of the arm's length price. moreover, we have, by interim orders, permitted the proceedings to continue before the authorities ensuring thereby ..... report international transactions in form 3ceb. section 92f defines various terms, the relevant portion thereof reads as under :- 92-f. definitions of certain terms relevant to computation of arms length price, etc. in sections 92, 92-a, 92-b, 92-c, 92-d and 92-e, unless the context otherwise requires ............ (v) transaction includes .....
Tag this Judgment!Court : Mumbai
..... counsel for the petitioner also relied upon clause 26 of the sr agreement and contended that the petitioner could not perform its obligations because of force majeure conditions. 35. learned senior counsel for respondent no.1 did not seriously dispute the petitioner's acquisition of seven plots of land and ..... were demolished for facilitating the work of sahar elevated road. he submitted that these facts attract clause-26 of sr agreement which provides for force majeure. he submitted that the petitioner has incurred huge expenditure of rs.4,000 crores for purchasing 7 plots of land and for construction ..... undeclared), invasion, act of terrorism, armed conflict or act of foreign enemy; (ii) nuclear explosion, radioactive or chemical contamination or ionizing radiation; (iii) any effect of the natural elements, including lightening, fire, earthquake, unprecedented rains, tidal wave, flood, storm, cyclone, typhoon or tornado; (iv) order of any competent court, tribunal or authority that suspends .....
Tag this Judgment!Court : Mumbai
..... arbitration scheme, under the arbitration proceedings, the private arbitrator, before whom both the parties agreed to appear and get their dispute resolved. the constitution of arbitral tribunal itself, as recorded above, was challenged by the petitioners, since its inception, just cannot be overlooked and distinguished the present case from the cases so cited ..... arbitrator before passing the ex-parte award. 22 admittedly, there is no procedure prescribed under the arbitration act, where the party can make application for setting aside the ex-parte award before the same learned arbitral tribunal. the code of civil procedure (for short, the cpc) provides and take care of such contingencies ..... has passed the order in section 9 petition on 20 december 2012, which has been in force till this date. the said order reads as under:- by this petition filed under section 9 of the arbitration and conciliation act, the petitioner seeks injunction in respect of the property described in exh.a to the .....
Tag this Judgment!Court : Mumbai
..... onwards. section 32-o lays down that in respect of any tenancy created after the tillers' day by a landlord, not being a serving member of the armed forces, notwithstanding any agreement or usage to the contrary, a tenant cultivating personally shall be entitled within one year from the commencement of such tenancy to purchase from the ..... the judgments impugned. the tahsildar upon facts declared the respondent to be the tenant of the suit land since 1987. the appeal court confirmed the findings. the revenue tribunal also affirmed the findings. no reason to interfere with the concurrent findings of fact. rejected. 27.03.1991 103. perusal of the orders passed by the tenancy ..... she also denied rest of the contentions. 71. the insolvent also filed application dated 28.08.1969 at exhibit- 191 under section 68 of the insolvency act challenging the acts of the receiver in conducting the auction on 08.08.1969 and accepting the highest bid of rs.16,601/- of the auction purchaser. that application was .....
Tag this Judgment!Court : Mumbai
..... expression 'an interim measure of protection' as distinguished from an all-time or permanent protection. 18. under the aandc act 1996, unlike the predecessor act of 1940, the arbitral tribunal is empowered by section 17 of the act to make orders amounting to interim measures. the need for section 9, in spite of section 17 having been enacted, ..... it though the venue of the proceedings in relation to which the power under section 9 is sought to be exercised is the arbitral tribunal. under the scheme of a and c act, the arbitration clause is separable from other clauses of the partnership deed. the arbitration clause constitutes an agreement by itself. in short, ..... measure of protection that the existing arrangement under the contract should be continued pending the resolution of the dispute by the arbitrator. may be, there is some force in this submission made on behalf of the adhunik steels. but, at the same time, whether an interim measure permitting adhunik steels to carry on the mining .....
Tag this Judgment!Court : Mumbai
..... section 2a of the bombay tenancy act, 1939, decided by a competent authority not to be a tenant. explanation ii. where any land is cultivated by a widow or a minor or a person who is subject to physical or mental disability or a serving member of the armed forces through a tenant then notwithstanding anything ..... case of bhilakeshav patil v. ganpati chunilal kabre (supra). it would be relevant to refer to the following observations of this court thesaid decisions of the revenue tribunal and the deputy collector are challenged in the above petition. mr. samant, the learned counsel for the petitioners-tenants the learned counsel for the petitioners-tenants ..... set aside by the deputy collector on the basis of his total misconception and confused notions of what he called 'documentary and circumstantial evidence'. the revenue tribunal also failed to exercise its jurisdiction as a result of its misconception of law or reading unnecessary things into s. 4 founded on the antiquated notions of .....
Tag this Judgment!Court : Mumbai
..... demands for wage rise and other benefits in respect of the permanent employees of the company. subsequently, the said demands were referred for an adjudication to the industrial tribunal, pune, under reference (it) no. 24 of 2002. 4. on 30th september 2004, during the pendency of the aforementioned reference, they had signed a settlement ..... was voluntary settlement between the parties and accordingly, they agreed and executed the terms. the concerned employees at the relevant time based upon the same have definitely acted upon and enjoyed the benefit. in the case of siemens ltd. (supra), it is settled that the managerial discretion of an employer to organize and ..... has indulged in unfair labour practice. 10. the memorandum of settlement, admittedly read and recorded under section 2(p) read with section 18(1) of th industrial disputes act, 1947 and rule 62 of the industrial disputes (bombay) rules, 1957. those provisions are as under:- sec.2(p) - settlement means a settlement arrived .....
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