Court : Mumbai
Reported in : 1984(2)BomCR92
..... now, under the provisions of section 76(a) of the maharashtra housing and area development act, 1976 it is the duty of the bombay housing and area development board (the successor of the bombay building repairs & reconstruction board) to undertake and carry out structural repairs to buildings, in such order of priority as the board, having regard to the exigencies of the case and availability of resources, considers necessary, without recovering any expenses thereof from the owners or occupiers of ..... these rooms do not have any light or any ventilation is also borne out by an additional affidavit which was filed in somewhat unusual circumstances by the deputy chief engineer, bombay housing and area development board on 17th november, 1983 after the matter had been fully argued. ..... which is annexed to the petition also it can be seen that as far back as september 1979 the petitioners had approached the authorities of the bombay housing and area development board protesting against an attempt of the board to shift its offices in the flats of ram building. ..... the powers which are granted to the respondents under the provisions of the maharashtra housing and area development act of 1976 must be exercised reasonably and they cannot be exercised arbitrarily or for purposes other than those of the act or in a manner which nullifies the purpose of the act which is to provide housing and amenities required for leading a wholesome ..... the powers in the present case have not been exercised fairly .....
Tag this Judgment!Court : Mumbai
Reported in : [1971]41CompCas377(Bom); [1971]41ITR377(Bom)
..... that after careful consideration of the information furnished by the company it appeared to the company law board that the terms of appointment of the company's sole selling agents were prejudicial to the interest of the company and the company was required to show cause why the company law board should not, in exercise of the powers conferred upon it under section 294(5)(c) of the company act, 1956, read with the government of india, ministry of finance, department of revenue, notification ..... of the synthetic rubber produced by the company is bought by the 7 tyre companies and about 50 consumers borne on the list of the director-general of technical development and that no particular sales organization or special sales effort is necessary for selling the company's products in view of this fact and the fact that the company is the only company in india which makes ..... fakhruddin ali ahmed, the minister for industrial development and company affairs, had stated in lok sabha on april 29, 1969, that the company law board had recently asked the company for an explanation as to why the recommendations of the company law board were not included in the agreement of february 18, ..... of cinematograph, television and allied technicians that this rule of equity is a flexible one and it develops to meet the changing situations and conditions of the time. ..... all rules of equity, it is flexible in the sense that it develops to meet the changing situations and conditions of the time .........' 37. .....
Tag this Judgment!Court : Mumbai
Reported in : (1938)40BOMLR1109
..... limited on the ground that from 1920 to 1928 the sums advanced were in excess of the borrowing powers of the directors of pratts under article 73 of table a being more than the amount of pratts' issued share capital which ..... sole objection taken to the sassoon company's claim under these instruments is that the directors of pratts were disqualified under section 91b of the indian companies act from entering into them on behalf of pratts since they were all directors and shareholders of m. t. ..... on the ground that from 1921 to 1928 their advances exceeded the limit imposed (by article 73 of table a) upon the powers of the directors of pratts the official liquidator resists the proof, notwithstanding that at the time of the liquidation (and indeed for three years before) the balance ..... the directors taking part in the resolution of february 23, 1928, was their own managing director clothed with all the powers of their own board, is both a striking and important fact, but it is not by itself the determining feature of the case. ..... limited but passed a resolution that, by way of security for the nine lacs borrowed from the sassoon company and advanced to pratts, an equitable mortgage be created in favour of the sassoon company of the property known as 100b, hughes road ('pratts building ..... requirement of the article is that the directors shall so restrict their borrowing that the amount for the time being remaining undischarged shall not exceed ..... transvaal) land and development company [1914] .....
Tag this Judgment!Court : Mumbai
..... be earmarked for recreation ground/garden/p lay-ground or any other open user as specified by the commissionerpercentage to be earmarked and handed over for development by mhada for public housing/for mill worker's housing as per guidelines approved by government to be shared equallypercentage to be earmarked and to be developed for residential or commercial user (including users permissible in residential or commercial zone as per these regulations) or diversified industrial users, as per industrial ..... the circular read and referred by the learned senior counsel appearing for respondent no.4, on the contrary shows that as option was available with the developer/builder/owner to opt for such change in the original plan, if so desire, but in view of the construction of 25 floors on the date of notification, and as the same ..... section 22(m) of the mrtp act for controlling and regulating the use and development ..... with the previous approval of the commissioner to a layout prepared for development or redevelopment of the entire open land and built-up area (* * *) of a sick and/or closed cotton textile mill and on such conditions deemed appropriate and specified by him and as a part of a package of measures recommended by the board of industrial and financial reconstruction (bifr) for the revival/rehabilitation of a potentially viable sick and/or closed mill, the commissioner ..... if case is made out, the power of high court and/or supreme court to entertain public interest litigation and .....
Tag this Judgment!Court : Mumbai
..... perusal of the affidavit sworn by shri suresh babu, the manager, town service of cidco, the respondent no.2 shows that the cidco is the new town development authority for navi mumbai in exercise of powers under section 113 (3a) of the maharashtra regional and town planning act, 1956 and that the government of maharashtra has notified the site for the new town navi mumbai and acquired all privately held lands within the notified area ..... the state of maharashtra in exercise of the powers under section 154 of the mrtp act, issued order dated 07.09.1994, appointing nmmc as the planning authority for the developed nodes in navi mumbai like vashi, sanpada, nerul, belapur-cbd, airoli, ..... care and caution is required to be taken by the municipal authorities in such cases to scrupulously implement building and development control regulations because extraneous considerations in public services may not only affect planned development of the city but also affect fundamental and constitutional rights of other persons to enjoy the life with assured personal ..... according to suresh babu, cidco was the planning authority for navi mumbai and was entrusted with the job of developing completely virgin land from inception and obviously it was a herculean task to plan entirely new city on the ..... the power is exercisable by its board of ..... the board of directors with the previous sanction of the state government solicited under section 159 of the mrtp act had framed new bombay disposal of land regulations .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (2008)(124)ECC201
..... section 3(3) of the foreign trade (development and regulation) act, 1992 provides that "all goods to which any order under sub-section (2) shall be deemed the goods the import or export of which has been prohibited under section 11 of the customs act, 1962 and all the provisions of that act shall have the effect accordingly.shaikh mohammed omer v. ..... v.collector of customs, calcutta and ors.commissioner to bring in any restriction on import or export to be a prohibition was not upheld by the tribunal in the case of gauri enterprises wherein considering the objectives of the new exim act, and the earlier itc act, the tribunal held as follows: (h) a perusal of hon'ble supreme court decision in the case of sheikh mohammed umar indicates that the apex court has held therein: (i) "jury maid" the mare under ..... in the case of mafatlal industries 1997 (89) elt 247 (sc) and borrow a phrase from the same, ascribed to thomas jefferson as far back as 1816, "laws and institutions must go hand in hand with the process of the human mind...as manners and opinions change with the change of circumstances," to find that when cataclysmic change in circumstances have occurred, due to the change in objects and reasons of 1992 act then to resort to absolute confiscation should be an exception and ..... (i) the central board of excise & customs vide circular no. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009ACJ585; 2008(6)MhLj941
..... the division bench in asha's case (supra) had referred to earlier division bench judgment of this court in the case of maharashtra power development corporation limited's case (supra) which had taken the contrary view and held that the judgment of company court pronounced in the appeal under section 10-f of the companies act would not be a judgment and decree within the meaning of the provisions of the code of civil procedure, and therefore, the appeal was not barred ..... tribunals, if the company law board constituted under the companies act in its adjudicatory powers has the trappings of a court and an appeal under section 10f of the companies act from its order to the single judge is not amenable to further appeal (letters patent) to the division bench of the same court because of section 100a of the code of civil procedure, a fortiori, an order passed by the single judge in appeal under section 173 of the motor vehicles act from the order/award ..... it may not be a court but it has all the trappings of a court and, therefore, the company law board while exercising its original jurisdiction under sections 397 and 398 of the companies act passed the order and against that order appeal would lay to the learned single judge of the high court and thereafter no further appeal could be filed.the legal position exposited by the supreme court in .....
Tag this Judgment!Court : Mumbai
..... , the work pertaining to construction of building c-2 cannot commence, thereby forcing about 90 families to continue residing in dilapidated buildings and cause inconvenience to them on false and frivolous pretext that the developer has constructed two additional floors in building c-1 creating danger to the rcc structure of the building and that the developer has acted highhandedly without considering several defects in construction pointed out by the members. mr ..... aggrieved by the order dated 28th march, 2008 passed by the co-operative appellate court, the society and the developer filed the present writ petition before this court on 9th april, 2008 inter alia praying that the order dated ..... members that based on the advertisements issued in newspapers (indian express, loksatta and mid-day) about 20 developers approached the committee, out of which 10 of them collected the tender documents and three of them submitted ..... . however, the co-operative appellate court, took cognizance of some letter written by the secretary of the society to the developer qua the construction of two additional floors in building c-1, which letter, in view of the aforestated facts, prima facie appears to be of no consequence and wrongly proceeded to set aside the ..... the hon'ble division bench has held that after issuing the notice under section 354, the mmc must take the notice to its logical end in ..... of india, is equipped with wide powers to dispense justice ..... appointed on the board of administrators. .....
Tag this Judgment!Court : Mumbai
..... if he votes in such a case, his vote would not be counted, and his presence would not count towards the quorum, that is to say, the minimum number fixed for the transaction of business by a board meeting, for a quorum must be a disinterested quorum, and must be comprised of directors who are entitled to vote on the particular matter before the meeting. ..... kale that the discretion exercised by the deputy register under section 56 of the act in the respondent's favour should not be lightly disturbed and the appellate court should therefore not disturb the judgment and order of the learned single judge ..... from the earlier proceedings initiated by the plaintiff in the high court and before company law board and in view of observations and orders passed therein, it is clear that identical issues were raised by the plaintiff in those ..... the plaintiff thereafter had filed another company petition no.132/2009 before the company law board to agitate similar issues in respect of allegations that defendant no.2 was misappropriating the property and technology and knowhow of defendant no.1-company ..... defendant no.2 has used the research and development department and laboratory of the company for doing research ..... [31] the parallel with claim 1 of professor house's 1994 patent is exact. ..... in 1994 the exposure was 'to particles carrying an electrostatic charge'; in the patent in suit the exposure is 'to a composition comprising particles containing or consisting of at least one magnetic material' .....
Tag this Judgment!Court : Mumbai
..... if he votes in such a case, his vote would not be counted, and his presence would not count towards the quorum, that is to say, the minimum number fixed for the transaction of business by a board meeting, for a quorum must be a disinterested quorum, and must be comprised of directors who are entitled to vote on the particular matter before the meeting. ..... kale that the discretion exercised by the deputy register under section 56 of the act in the respondent's favour should not be lightly disturbed and the appellate court should therefore not disturb the judgment and order of the learned single judge ..... from the earlier proceedings initiated by the plaintiff in the high court and before company law board and in view of observations and orders passed therein, it is clear that identical issues were raised by the plaintiff in those ..... the plaintiff thereafter had filed another company petition no.132/2009 before the company law board to agitate similar issues in respect of allegations that defendant no.2 was misappropriating the property and technology and knowhow of defendant no.1-company ..... defendant no.2 has used the research and development department and laboratory of the company for doing research ..... [31] the parallel with claim 1 of professor house's 1994 patent is exact. ..... in 1994 the exposure was 'to particles carrying an electrostatic charge'; in the patent in suit the exposure is 'to a composition comprising particles containing or consisting of at least one magnetic material' .....
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