Judgment Search Results Home > Cases Phrase: army act 1950 section 55 injury to property Sorted by: old Court: mumbai Page 55 of about 542 results (0.083 seconds)

Shivendra Bikaram Singh (Ex. Lt.) Vs. Union of India(Uoi), Through the ...

Court : Mumbai

Reported in : 2002(1)BomCR695

..... to make reference thereof to the members which shall be decided separately as provided for by section 102 of the act. the respondents have relied on the provisions of section 130 of the army act. however, on perusal of the scheme of the army act, we find that there is material difference between the two schemes.15. in our view, ..... the language of clause (a) of section 102 of the act, clearly postulates that when the objection is taken against any member about the competency to act as an ..... special procedure for the trial of the offences under the 'act'. chapter vi of the 'act' comprising of sections 34 to 68 specify and define the various offences under the 'act'. sections 71 to 89 of chapter vii specify the various punishments. rules 106 to 133 of the army rules, 1954 prescribed the procedure of, and before, the summary .....

Anand Rathi and ors. Vs. Securities and Exchange Board of India and an ...

Court : Mumbai

Reported in : 2002(2)ALLMR646; 2002(2)BomCR403; (2002)1BOMLR150; [2002]110CompCas837(Bom); 2002(1)MhLj522

..... the circular of even date issued by the securities and exchange board of india (sebi) in exercise of powers under section 11 read with section 11b of the securities and exchange board of india act 1992, hereinafter referred to as the said act. the petitioners are also seeking to quash orders dated 30-3-2001 and 13-4-2001 passed by the sebi confirming ..... to 5 are private limited companies engaged in broking, investments, banking etc. the respondent no. 1 sebi is constituted under section 3 of the said act. the respondent no. 2 is the bombay stock exchange which is recognized under the said act and is a leading stock exchange in the country. the respondent no. 2 is regulated by the sebi under the securities ..... exchange. the 1st petitioner resigned from the post of president on 7-3-2001.5. on 12-3-2001 the chairman of the sebi in exercise of powers under section 11 read with section 11b of the said act passed me impugned order which reads as follows --'securities and exchange board of india ''

Dhum Darabshaw Randeria and Shri Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... bhat, senior counsel appearing alongwith shri arun mehta, advocate. shri b.k.choubey, jdr, appeared for the revenue.9. we have carefully considered the submissions. section 123 of the act have been invoked in these proceedings. the basic tenet of the law is that the person making an accusation has to support his charge with evidence. where no ..... proceeds of the smuggled goods. in that situation no specific label can be put on the currency. the revenue has failed to establish the charge under section 121 of the act.14. on these observations the orders of confiscation of currency are set aside.15. we now come to the watch parts under seizure, which were not ..... covered under section 123 of the act. the tribunal and the courts have in a number of judgements held that the burden of establishing unlawful importation in such case squarely rested on the customs .....

Dhun Darabshaw Randeria and Shri Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2001)(76)ECC506

..... bhatt, senior counsel appearing alongwith shri arun mehta, advocate. shri b.k.choubey, jdr, appeared for the revenue.9. we have carefully considered the submissions. section 123 of the act have been invoked in these proceedings. the basic tenet of the law is that the person making an accusation has to support his charge with evidence. where no ..... proceeds of the smuggled goods. in that situation no specific label can be put on the currency. the revenue has failed to establish the charge under section 121 of the act.14. on these observations the orders of confiscation of currency are set aside.15. we now come to the watch parts under seizure, which were not ..... covered under section 123 of the act. the tribunal and the courts have in a number of judgments held that the burden of establishing unlawful importation in such case squarely rested on the customs .....

Shridhar T. Shetty Vs. Speedy Transport Company Pvt. Ltd., Bombay and ...

Court : Mumbai

Reported in : (2002)3BOMLR877; [2001(91)FLR301]; (2002)IVLLJ930Bom; 2002(2)MhLj110

..... ought to be to try to attempt resolution of the dispute. there is clearly an industrial dispute in the present case within the meaning of section 2(k) of the act arising out of the dismissal of the petitioner. the conciliation officer has exercised his discretion on extraneous grounds, extraneous in the sense that the ..... to be duly considered. on the question as to whether the appropriate government would be justified in declining to make a reference to adjudication under section 10 of the industrial disputes act, 1947, on the ground of delay, the supreme court has held that it is reasonable that disputes should be referred to adjudication as ..... of the impugned communication of the conciliation officer and for a direction that the conciliation proceedings be pursued under the provisions of the act.5. section 12 of the industrial disputes act, 1947 deals with the duties of the conciliation officer. where an industrial dispute exists or is apprehended, the conciliation officer may, under .....

C.C. Yi Vs. Janakidevi Anantlal Gupta and ors.

Court : Mumbai

Reported in : 2001(3)ALLMR324; 2001(4)BomCR834; (2001)4BOMLR19; 2001(4)MhLj114

..... up for consideration before the apex court in m/s. delhi stationers and printers v. rajendra kwnar :-'5. under section 13(l](e) of the rajasthan premises (control of rent and eviction) act, 1950 (hereinafter referred to as the act), the tenant is liable to be evicted, if he has assigned, sublet or otherwise parted with the possession of the ..... other to carry on business in a part of it. the question was whether it amounted to subletting and attracted the provisions of sub-section (4) of section 14 of the delhi rent control act. this court held that if two persons live together in a house as husband and wife and one of them who owns the ..... of running dispensary. (e) that the courts below have committed serious error in holding that the petitioner-ten ant has acquired suitable alternate accommodation and that section 13(1) of the act was applicable to the suit premises that too erroneously relying upon the judgment delivered in the case of madhukar vishnu sathe v. vithoba ramji thorat, which .....

Smt. Reeta Bharat Arora Vs. Bharat Yasodanandan Arora @ Dhingra and or ...

Court : Mumbai

Reported in : 2001(4)BomCR1; (2001)3BOMLR636; I(2002)DMC136; 2002(1)MhLj7

..... with bharat, and entertaining the said application. he also relied upon lata v. vilas, to substantiate his argument that in an appeal under section 28 of the hindu marriage act. section 12(2) of the limitation act is applicable and therefore, time required for obtaining copies of the judgment, will have to be excluded for computing the period of limitation ..... high court it is not effective and in the proceedings for confirmation, the decree nisi can be questioned. no such requirement is to be found under the act. further, under section 15 the period of one year is to be computed from the date of decree of the court of first instance which means that a decree of ..... a possible confusion.supreme court in lila gupta's case (supra), also took a note of the fact that by subsequent marriage laws (amendment) act, 1976, the said proviso to section 15 of the act came to be deleted. it therefore observed that if the proviso was so sacrosanct that its violation would render the marriage void, then it .....

Reeta Bharat Arora Vs. Bharat Yasodanandan Arora @ Dhingra and ors.

Court : Mumbai

Reported in : 2001(3)ALLMR649

..... said application. he also relied upon 1989 m.l.j. 617, lata v. vilas to substantiate his argument that in an appeal under section 28 of the hindu marriage act, section 12(2) of the limitation act is applicable and therefore, time required for obtaining copies of the judgment, will have to be excluded for computing the period of limitation for ..... high court it is not effective and in the proceedings for confirmation, the decree nisi can be questioned. no such requirement is to be found under the act. further, under section 15 the period of one year is to be computed from the date of decree of the court of first instance which means that a decree of divorce ..... a possible confusion.supreme court in lita gupta's case (supra), also took a note of the fact that by subsequent marriage laws (amendment) act, 1976, the said proviso to section 15 of the act came to be deleted, it therefore observed that if the proviso was so sacrosanct that its violation would render the marriage void, then it was .....

Major Kurian Thomas Vs. Bank of Maharashtra and ors.

Court : Mumbai

Reported in : (2002)ILLJ372Bom

..... briefly what the credentials of the petitioner are, what are the facts and grounds for this petition.2. the petitioner is a former officer of the indian army. he joined army as a non-commissioned officer in 1953. in 1964, he received commission as second lieutenant. the petitioner retired from the armed forces after rendering 22 years of ..... sudden, whereby the first respondent refixed the salary of the petitioner reducing it by almost 50% which was less than the last drawn pay he was getting in the army. the impugned refixation of the petitioner's salary was done in pursuance of the second respondent's letter/circular dated june 15, 1987. after refixation, the salary ..... in our view, the relaxation done in pursuance of the guidelines issued by the second respondent in 1987, failed to protect the petitioner's last drawn pay in the army. the reduction in the salary is, therefore unlawful, unjust and cannot be sustained.13. coming to the circular dated june 15, 1987, on plain reading of the .....

Kesar Enterprises Ltd. Vs. Idi Ltd.

Court : Mumbai

Reported in : [2002]112CompCas174(Bom); [2003]42SCL99(Bom)

..... are satisfied that the question whether the declaration of dividend dated december 30, 1959, is valid or not raises a substantial question as to the interpretation of section 207 of the companies act. further, whether the declaration dated december 30, 1959, is several or not is also a substantial question. we do not propose to decide whether the ..... by the company on substantial grounds. if the debt was bona fide disputed, as we hold it was, there cannot be 'neglect to pay' within section 434(1)(a) of the companies act. if there is no neglect, the deeming provision does not come into play and the ground of winding up, namely, that the company is unable ..... such controversies in respect of entitlement and liability in respect of interest cannot be decided on the basis of the affidavits in the summary proceedings under sections 433 and 434 of the companies act. in my opinion, the respondents have very genuinely and bona fide disputed this basis of the petition. it may be that a part of the .....