Court : Mumbai
..... to protect existing occupants while applying the rule / policy changes and hence these are de-facto prospective and not retrospective in nature. 24. however, the army head quarters policy on entitlement and regulation of accommodation to officers on study leave was also evolved upon feedback and obtained from time to time. as on ..... fafa. where the last duty station (lds)/study leave station (sls) is non mil station (nms), the nearest station head quarter in whose jurisdiction it falls shall act as lds/sls respectively for the purpose of regulating grant of accommodation. (c) provision of accommodation at last duty station (lds) : (i) where study leave station ..... and has relied upon certain materials now obtained and presently in his possession. it is urged that the policy has been applied selectively. the respondents have acted arbitrarily in as much as they are picking and choosing officers for favourable treatment. it is stated in this civil application that the petitioner's entitlement .....
Tag this Judgment!Court : Mumbai
..... and which are pending in any civil court in any district shall be transferred to the commercial courts so constituted is the mandate of section 15(2) of the commercial courts act. section 7 empowers commercial division of high court to hear all suits and applications relating to commercial disputes of the stated value of the ..... court, no appeal shall lie from any order or decree of a commercial division or commercial court otherwise than in accordance with the provisions of this act. (emphasis added) section 14 expeditious disposal of appeals the commercial appellate division shall endeavour to dispose of appeals filed before it within a period of six months from the ..... a commercial court that are specifically enumerated under order xliii of the code of civil procedure, 1908 (5 of 1908) as amended by this act and section 37 of the arbitration and conciliation act, 1996 (26 of 1996). (2) notwithstanding anything contained in any other law for the time being in force or letters patent of a .....
Tag this Judgment!Court : Mumbai Goa
..... agencies have permitted such illegal banking business to be carried out by the said company. it is also contended that looking into the case papers produced under section 173 of the criminal procedure code, it gives a feeling that the entire investigation system contemplated in part xii of the criminal procedure code has been given a go by and ..... to the said company which was valid up to 30.04.2016. it is also pointed out that they have also taken up investigation under foreign exchange management act, 1999 and the letters are sent to the reserve bank of india, roc, sebi and the commissioner of income tax informing about the crime and requested them ..... the criminal procedure code. 5. it is the contention of the petitioners that kamakshi forex private limited is a private limited company duly registered in terms of the indian companies act, 1956 with mr. nilesh raikar as the managing director and mrs. nilima raikar and mrs. rekha raikar, as directors of the said company which primarily deals .....
Tag this Judgment!Court : Mumbai
..... 10 of the 2000 act is a statutory fiction which has to be given effect to and the commissioner of municipal corporation has given effect to the deeming provision ..... category on false caste certificate as belonging to such caste, tribe or class shall be deemed to have been terminated retrospectively. the deeming provision in sub-section (4) of section ..... ) of section 10 of the maharashtra schedule castes, scheduled tribes, denotified tribes (vimukta jatis), nomadic tribes, other backward category (regulation of issuance and verification of) caste certificate act,2000 [for short the 2000 act ] and held that election of a person who has contested on a seat reserved for the any caste / tribe / .....
Tag this Judgment!Court : Mumbai Aurangabad
..... emerges from the amended provisions of order 23, can be summed up thus : (i) no appeal is maintainable against a consent decree having regard to the specific bar contained in section 96(3) cpc. (ii) no appeal is maintainable against the order of the court recording the compromise (or refusing to record a compromise) in view of the deletion of ..... consent decree, respondent nos. 1 to 3 herein, were not having any right to challenge the said decree by filing an appeal in view of the specific bar provided under section 96(3) of the code of civil procedure, 1908 (for short, c.p.c.). the learned first appellate court, however, vide the impugned judgment, allowed the regular civil ..... against the order under rule 3 order 23 recording or refusing to record an agreement, compromise or satisfaction. but clause (m) of rule 1 order 43 was omitted by act 104 of 1976 with effect from 1.2.1977. simultaneously, a proviso was added to rule 3 order 23 with effect from 1.2.1977. we extract below the relevant .....
Tag this Judgment!Court : Mumbai Aurangabad
..... as grievous hurt and injuries said to be grievous when it puts the life of injured in danger. the grievous hurt has been defined u/s 320 of ipc. section 320 of ipc reads as under: 320. grievous hurt. the following kinds of hurt only are designated as grievous : (first) emasculation. (secondly) permanent privation of ..... relatives liable to be discarded. rule of caution at the most leads to court to act cautiously and make close scrutiny of evidence of such witnesses and in appropriate case may insist for corroboration from independent evidence, which may be oral or documentary. ..... exaggeration and to ensure the accused being convicted, such witnesses may depose falsely against him. it is, therefore, rule of a caution which made the court to act cautiously while dealing with the testimony of close relatives. it is not the rule, that irrespective of the facts and circumstances of the case the testimony of close .....
Tag this Judgment!Court : Mumbai Nagpur
..... upon the similar facts. the ratio of the division bench in the case of devidas matiramji surwade is that the term 'person' employed under sub-section (1) of section 14 of the said act has to be interpreted to mean the legal heirs of such person, who has encroached and continues to occupy the government land or the public property ..... upon any land, which is not a private property, but the government land or public property and to prosecute the persons creating such obstruction or encroachment. 9. section 184 of the said act deals with members, etc., of panchayats to be public servants, and it runs as under: 184. members, etc., of panchayats to be public servants. every ..... a member of a panchayat, and if he becomes a member of a panchayat, then he is not entitled to continue as such. the disqualification under section 14 is in respect of the acts, events, deeds, misdeeds, transactions, etc, which have been done, happened or occurred before entering into the office as a member of a panchayat as .....
Tag this Judgment!Court : Mumbai Aurangabad
..... , that is, a dispute arising between parties to a marriage, (attention may be brought to the reference made by deshmukh j. to the family courts act sub-section (1) of section 7, to elucidate the meaning of the term 'matrimonial matters') and should therefore exclude testamentary petitions wherein not only is there an absence of dispute, other ..... , inter alia, provides for exemption of court fees for women litigants in cases relating to maintenance, property right, violence and divorce; and whereas, section 46 of the bombay court fees act, 1959 (bom. xxxvi of 1959), empowers the state government by notification in the official gazette to reduce or to remit any of the fees ..... mentioned in the first and second schedules to that act; now, therefore, in exercise of the powers conferred by section 46 of the bombay court fees act, 1959 (bom. xxxvi of 1959), the government of maharashtra hereby remits the fees payable by women litigants on any .....
Tag this Judgment!Court : Mumbai
..... to disturbance of public order. hence to protect the interest of the public in such cases, the legislation has amended the definition and incorporated 'sand smugglers' in section 2 of the act. the detaining authority has rightly considered the situation, the nature of offences and the nature of its effect on public order and has passed the order. 37. ..... detenu. hence, the detenu has been detained as he is a sand smuggler and his activities are prejudicial to public order as envisaged under section 2 (a) subsection (iv-a) of the act. sub-section (iv-a) of section 2 (a) reads as under: (iv-a) in the case of a sand smuggler, when he is engaged, or is making ..... for passing the order of detention. our attention has not been drawn to any provision of the act which expressly or impliedly lays down the type of material which can form the basis of a detention order under section 3 of the act. preventive detention measure is a harsh, but it becomes necessary in larger interest of society. it .....
Tag this Judgment!Court : Mumbai
..... therefore, without challenging the award, the relief claimed by the arcil could not have been asked or granted. he then submitted that even under section 34 of the sarfaesi act, civil court does not have jurisdiction to entertain any suit or proceedings in respect of any matter which came within the purview of debt recovery ..... had assigned properties to private concern viz. m/s. wonder precious stone trading pvt. ltd., which was not a securitization company as contemplated under section 3 of the sarfaesi act. reliance was placed on the balance-sheets of the said company of the financial years 2013-14 and 2014-15, which, according to him, ..... court by judgment and order dated 17/06/2003 directed the bank to handover possession to the appellants herein, after they had taken physical possession under section 13(4) of the said act. however, they were permitted to retain the symbolic possession of the said office premises and the appellants were restrained from creating any third party rights .....
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