Court : Mumbai
..... under:- 14. there is considerable force in the submission of the appellant. having regard to clauses (i) and (k) of section 10 of the all india council for technical education act, 1987 [`act' for short], it is the function of the aicte to consider and grant approval for introduction of any new course or programme ..... of m.a. ous (distance education) course, as an equivalent. for thispurpose, he relied upon the definition of "distance education system" in section 2(e) of indira gandhi national open university act, 1985. but there is nothing to show that annamalai university has treated correspondence course and ous (distance education) course as the same. what ..... does not merit acceptance because the documents produced before the court and the information obtained by the petitioner by making application under the right to information act do not show that any candidate selected by the commission had been deliberately given the particular roll number. 17. equally meritless is the submission of .....
Tag this Judgment!Court : Mumbai
..... with the learned charity commissioner essentially for finalizing the draft of the rules to be framed for effective implementation of the provisions of section 41c of the maharashtra public trusts act, 1950 (for short the said act of 1950 ). 9. before we deal with the wider issues arising in these two petitions, it is necessary to make a reference to ..... a report by the next date of hearing. the charity commissioner shall consider whether any case has been made out for invoking the provisions of section 41d of the bombay public trusts act, 1950. this exercise shall be completed by the next date of hearing. we stand over the further hearing to 18 october 2013 on which date ..... of 2009 is an apt example. however, under the orders of this court, substantial funds have been retrieved and the same are placed with an organization of army which can properly use the same. the issue which survives in the said pil is of taking legal action against those who are responsible for misappropriation or any .....
Tag this Judgment!Court : Mumbai
..... filed by the petitioner in the revision application would stand allowed. resultantly, the order dated 1/4/2015 passed by the divisional joint registrar under section 85 of the said act would stand stayed pending the hearing and final disposal of the said revision application. the said revision application may be disposed of by the revisionary authority ..... ors's case (supra) is concerned, the petitioners in the said batch of petitions had by way of an appeal challenged the order passed under section 88 of the said act. in the said appeal, applications for stay were filed. the appellate authority had refused to grant stay though had issued various directions. in the said ..... at rs.20,000/-. 7. aggrieved by the said order dated 1/4/2015, the petitioners filed a revision application before the state government by invoking section 154 of the said act. in the said revision application, the petitioners also filed an application for stay. however, it is the case of the petitioners that though the said .....
Tag this Judgment!Court : Mumbai
..... reasonable compensation will be fixed on well known principles that are applicable to the law of contract, which are to be found inter alia in section 73 of the contract act. 3. since section 74 awards reasonable compensation for damage or loss caused by a breach of contract, damage or loss caused is a sine qua non for the ..... the respective statement of claims. according to mr. bharucha, learned counsel for the respondents approach of the arbitrators cannot be faulted in the proceeding under section 30 of the arbitration act as categorical findings have been recorded by the majority arbitrators in the respective awards. the appellants (claimants) have failed to prove that they suffered any ..... 2012 viad (delhi) 321; xiv) judgment of the delhi high court in the case of delhi state civil supplies corporation ltd. vs. union of india (uoi) (army purchase organisation), decided on 4th september 2009 in omp nos.207 and 208 of 2000 and 159 of 2001; xv) judgment of the supreme court in the case of .....
Tag this Judgment!Court : Mumbai
..... to do so gratuitously and the vessel had the benefit of the same. in other words, there is a case of a quasi contract, a case covered by section 70 of the contract act. in the face of an enforceable express contract, as explained by me above, a quasi contract cannot be made the foundation of a claim. there is an ..... elements of contract may be absent and yet the relationship between the parties gives rise to a right in one party and a corresponding liability in the other. section 70 of the contract act provides such a case. where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such other ..... that he has a cause of action sustainable in law. in my judgment that proposition rests upon a misconception of the purpose and meaning of section 3(4)". it was held that the scope of the act was to enlarge the jurisdiction of admiralty court but not to restrict its jurisdiction. at page 187 it was held that - "it is possible .....
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..... 2015 for causing necessary verifications regarding authenticity of the person and her relation with the detenu. that statement of sangeetha kirti patel was recorded under section 108 of the customs act, 1962 wherein she admitted that she was not in possession of any original document in support of her claim to be legally married to the ..... same before the then detaining authority and the detaining authority after being subjectively satisfied, issued the present detention order dated 29th september, 2014, as contemplated under section 3(1) of the cofeposa act. the said detention order is impugned herein. 3. we have heard mr. t. chezhiyan, learned counsel appearing for the petitioner, mr. j.p ..... no.psa-1214/cr-36(1)spl-3(a) dated 29th september, 2014 in exercise of the powers conferred by section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 ('cofeposa' for short). by the said order the respondent no.1 has directed that the said kirti vanabhai .....
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..... include other infrastructure hospitality companies. having come to this conclusion, we are constrained to hold that there is no justification in issuing of notice under section 148 of the act in the given facts of the case. there is no lack of disclosure or suppression of any material facts. all queries of respondent no.2 ..... and the details submitted by phoenix hospitality ltd. and sharyans resources ltd., respondent no.2 completed the assessment for the assessment year 2009-10 under section 143(3) of the act on 29th december, 2011 without making any adjustment on account of share premium received by the petitioner. during the course of the assessment proceedings for ..... with their pan and shareholding. 6. during the course of the assessment proceedings for the assessment year 2009-10, respondent no.2 issued notices under section 133(6) of the act to phoenix hospitality co. pvt. ltd. and sharyans resources ltd. asking them to furnish details of the return of income for assessment year 2009-10 .....
Tag this Judgment!Court : Mumbai Aurangabad
..... excessive?9. contractual rent is the standard rent of the suit premises. 9. the issues as regards the nuisance and annoyance, as provided under section 13(1)(c) of the act and section 13(1)(g), i.e. bona fide need, were answered against the plaintiff-landlord, petitioner herein. the learned trial court has noted that for ..... has in respect of the premises been convicted of an offence of contravention of any provision of clause (a) of sub-section (1) of section 394 or of section 394-a of the bombay municipal corporation act. 15. while countering the above referred submissions, mr bedre, learned counsel for respondent would urge that the said incident has ..... required in the impugned order of the learned trial judge?no 13. so far as the above referred issues are concerned, i.e. section 13 (1) (c) and section 13 (1) (g) of the act, the possession sought under the clause `nuisance' and `annoyance', both were answered against the present petitioner. learned lower appellate court, while dealing .....
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..... is subject to a limitation and another that is common to the trade, and that the defendant therefore has available to it the benefit of section 17(2) of the trade marks act, 1999 ( the tm act ). that section reads: 17. effect of registration of parts of a mark. (1) when a trade mark consists of several matters, its registration shall ..... to the word caf nor the word madras taken separately or disjunctively. the claim is to the expression taken as a whole, and it falls squarely within section 17(1) of the tm act. 28. indeed, it seems to me that mr. ajatshatru runs himself onto its own sword. his submission is that the two words, taken separately, can ..... that city.) 49. there is enough material to show prima facie that the plaintiffs have been using the mark caf madras for several decades; at least since the early 1950s and possibly earlier. in the plaint and in their various affidavits, the kamaths have been at some pains to demonstrate their extensive goodwill and reputation. they claim, on .....
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..... that she is not ready to accept her faults though brought to her notice. 3. respondent no. 2 instituted an appeal under section 9 of the maharashtra employees of private schools (conditions of service regulation act, 1977 ( said act ) and the school tribunal by the impugned order dated 8th january, 1997 has allowed the same. hence the present petition. 4. ..... rule 15 of the said rules are read together, it would mean that before taking recourse, the powers vested under section 5(3) of the said act, the performance of the employee appointed on probation shall have to be taken into consideration by the appointing authority in the manner prescribed by rule 15 before ..... to terminate the services of the petitioner if it finds the performance of petitioner to be unsatisfactory. however, in case of employees governed by the said act or the said rules, the satisfaction as to unsatisfactory performance is hedged by the provisions of rule 15 of the said rules. therefore if the provisions contained in .....
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