Court : Mumbai
Reported in : 2002(4)BomCR187
..... all payments relating to the flat at brighton, including electricity charges, telephone charges, society outgoings, salaries to nurses and maids and all expenses on the personal maintenance of the plaintiff, including medical expenses and fees of dr ..... 1 not to act on the strength of the power of attorney or letter of relinquishment or other writings executed by the plaintiff in favour of defendant no. 1.8 ..... yagnik, the former prothonotary an senior master, high court, bombay, as the next friend of the plaintiff in place of mr ..... all concerned to act on the ordinary copy of this order, duly authenticated by the court associate. ..... 1 roshan minbattiwala has been restrained from acting in pursuance to the writings allegedly procured by defendant no. ..... there is nothing in the law to prevent the executor from acting as an executor and exercise a power given to him without obtaining probate ..... 1 while dealing with the estate of late hoshang dalal were as per the provisions of section 211 sub-clause (1), section 227 and 307 of the indian succession act, 1925. ..... the union bank of india and bank of baroda to act on an ordinary copy of this order, duly authenticated by the associate of this court.'9. mr ..... deceased hoshang dalal and would render valid all intermediate acts of the executor. ..... out provisions of section 307 of the indian succession act, 1925, mr. ..... yagnik to act on an ordinary copy of this order duly authenticated by the associate of this court.'8 ..... continues to act as advocate for the plaintiff. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(4)ALLMR761; 2002(6)BomCR15
..... vasudeva on the same terms and conditions and, therefore, shri vasudeva was paying the rent in his personal name and the authorities were accepting the same from him and issuing the rent receipts in his personal name, it has, therefore, to be presumed that the fact that the premises was held by shri vasudeva as an allottee and was paying the rent from 1981 and, therefore, we must presume that the fact of transfer of the allotment in the name of shri h.d. ..... 2 to 4 has refuted the said challenge and has relied upon the two notifications issued by the deputy secretary to government of maharashtra on 24th november, 1993. ..... it appears that the board of directors of that company on 28th november, 1958 passed a resolution that it had no objection to the transfer of the premises from the name of the company to the personal name of shri h.d. ..... a show cause notice dated 29th september, 1997 was issued to the petitioner under section 19 of the displaced persons (c & r) act calling upon the petitioner to explain why no action should not be taken against him for the breach of the condition 'c' in the letter of allotment. ..... suit premises in bombay on the conditions stipulated in the said letter. ..... vasudeva had narrated as to how he was holding the position as the managing director of the said company in pakistan and how he came to india as refugee after partition and requested for allotment of office premises in bombay. .....
Tag this Judgment!Court : Karnataka
Reported in : 1979(4)ELT451(Kar)
..... act, any article is chargeable with duty at a rate dependant on the value of the article, such value be deemed to be--(a) the wholesale cash price for which an article of the like kind and quality is sold or is capable of being sold at the time of the removal of the article chargeable with' duty from the factory or any other premises of manufacture or production for delivery at the place of manufacture or production, or if a wholesale market does not exist for such article at such place, at the nearest place where such market exists, * * * *' in the instant case the ..... in about december 1958, the excise authorities intimated to the petitioner that the 'wholesale price' declared by the petitioner cannot beaccepted as correct as in their view the whole-sale marketprice at bangalore is very much more than the wholesaleprice declared by the petitioner. ..... amco batteries limited, bangalore) manufacturers electric storage batteries under three trade marks, i.e. ..... 'algio', further cars could have been sold in bombay on or about 9th january 1929, and, if so, would they have fetched the same prices? ..... if, for example, one may assume that there were in bombay no ford model a vehicles left undisposed of from previous shipments, then on this view the correct test is to ask oneself whether, apart from and in addition to those which arrived by the s. s. ..... george oakes (p) limited, bombay. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj1428; 2002(5)WLN203
..... state of bombay, air 1953 sc 325, considering the nature of proceedings under the sea customs act and fera, 1947, dealing with the principle and scope underlying in article 20(2) of the its constitution of india, held as under: -'the sea custom authorities were not a judicial tribunal and the adjudging of confiscation, increased rate of duty or penalty under the provisions of the sea customs act did not constitute a judgment or order of a court of judicial tribunal necessary for the purpose of supporting a plea of double jeopardy.'29. ..... trucks carrying fertilizers were intercepted by the madhya pradesh authorities under the essential commodities act and the accused did not deny the transport of fertilizer bags or interception of its lorries or seizure of fertilizer bags and the only defence taken therein was than they were not aware of the contents of the documents seized from them and they were not engaged in exporting the fertilizer bags from madhya pradesh to maharashtra in conscious violation of provisions of the fertilizer movement control order, 1973 ..... the division bench of the madras high court in vijaya electricals v. ..... section 43 of the madhya pradesh general sales tax act, 1958, which required that the assessee should have filed a false return and, therefore, mens rea was necessary ingredient thereof.44. .....
Tag this Judgment!Court : Mumbai
Reported in : (2006)108BOMLR139
..... relying upon the evidence of the valuer, the learned senior counsel contended that the acquired land was serviced by various facilities such as electricity, abundant water supply and motorable developed road and, therefore, the acquired land had potential for being developed into industrial complex. ..... from the acquired land; the electricity passes through their property; they were operating electric pumps in their property; the dudhsagar water fall is about 3 kms. ..... there were also trees, drains, paths and electricity in the property at the time of purchase. ..... the legal representatives of the expropriated owner (hereinafter to be referred as 'the claimants') are in appeal against the judgment and award dated 1862001 passed by the iind additional district judge, south goa, margao, whereby the said court fixed the market value of the acquired land at the rate of rs.1.30/per sq. ..... aw2 can be styled as 'more pious than pope' and his evidence cannot be accepted in holding that after the purchase of the subject land by the claimants in the year 1985, substantial improvements were made over the land by them resulting in perceptible appreciation. 11. ..... the government of goa issued the notification under section 4(1) of the land acquisition act which was published in the official gazette on 04021988 whereby the aforesaid land was sought to be acquired for expansion of mollem wild life sanctuary. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(2)ARBLR284(Bom); 2001(1)BomCR592; (2001)1BOMLR169; 2000(4)MhLj819
..... the supreme court emphasised that, as declared in the preamble of the 1922 act, the act was one intended to consolidate and amend the law relating to income-tax and, therefore, the provisions of the indian income-tax act, 1922 had to be construed as forming a code complete in itself and exhaustive of the matters dealt with therein. ..... the act of 1996 is to consolidate and amend the law relating to arbitration as indicated in the preamble of the act. ..... municipal corporation of greater bombay and others, and contend that, though the question of impleadment of the party is to be decided on the touchstone of order 1 rule 10, which provides that the necessary and proper party may be added, in the light of the clear language of the rule, it is not open to the petitioner to contend that haresh melwani ought to be added only if his presence is necessary to enable the court to decide the matter effectually. mr. ..... union of india, read with the kerala state electricity board, trivandrum v. t. p. ..... the supreme court in the kerala state electricity board case (supra) differed from the view taken by it in its earlier decision in nityananda m. .....
Tag this Judgment!Court : Mumbai
Reported in : (1979)81BOMLR340; [1979]49CompCas1(Bom)
..... delivery contract' is defined under the act as follows : 'spot delivery contract' means a contract which provides for the actual delivery of securities and the payment of a price therefor either on the same day as the date of the contract or on the next day, the actual period taken for the dispatch of the securities or the remittance of money therefor through the post being excluded form the computation of the period aforesaid if the parties to the contract do not reside in the same town or locality.' 18. ..... the preamble to the act says as follows : 'an act to prevent undesirable transactions in securities by regulating the business of dealing therein, by prohibiting options and by providing for certain other matters ..... the purchasers are purchasing the said shares with the knowledge that the assets of the company consist only of the name of the company, the right to occupy as a monthly tenant the premised in united india building at sir phirozshah mehta road, bombay, in which the registered office of the company is situated and the furniture, fittings and fixtures in the said premises, a list whereof is set out in the schedule hereto ..... of maharashtra : 1974crilj472 , where the supreme court has construed the drugs and cosmetics act, ..... they have, however, stated that the income-tax department by its notice dated february 7, 1968, reopened the company's assessment for the years 1958-59 to 1962-63 and passed reassessment orders in february and ..... of mysore, : [1958]1scr895 ; (3) jage ram .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(2)BomCR456
..... counsel appearing on behalf of the appellant submitted that sampat had become the deemed owner under section 46(1) of the bombay tenancy and agricultural ..... raised in this second appeal is whether the transfer by a will of the agricultural lands by a tenant who had become deemed owner, by virtue of section 46(1) is permissible under the provisions of bombay tenancy and agricultural lands (vidarbha region) act, 1958, and secondly, whether the tenant become the owner of the tenanted land after the deemed date or whether the ownership of the agricultural lands would vest in him after the certificate was issued by the agricultural lands tribunal declaring him to be the owner after the payment of purchase price.11. learned ..... . maharashtra revenue tribunal and others, : [1975]3scr537 , had held that under section 46(1) the tenants become full owner of the tenanted lands by operation of law and there is a statutory vesting of the lands in them .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)ALLMR386; 2008(2)MhLj794
..... section 23 of the act, therefore cannot be construed so as to make the effect of amendment of the law by insertion of section 13(1a) nugatory..the expression 'petitioner is not in any way taking advantage of his or her own wrong' occurring in clause i(1) of section 23(1) of the act does not apply to taking advantage of the statutory right to obtain dissolution of marriage which has been conferred on him by section 13(1a) in such a case a party is not taking advantage of his own wrong, but of the legal right following upon of the passing of the decree and the failure of the parties to comply ..... he applied for determination of standard rent under section 11 of the bombay rents, hotel and lodging house rates control act, 1947 and civil judge dismissed it on the ground that act did not apply to open land let out for constructing building and this order was affirmed in revision. ..... it is to be noted that uttamdasi had sold the property on 28-11-1958, after coming into force of hindu succession act, claiming to be absolute owner of said property. ..... on 24-5-1975 uttamdasi gifted the property already sold by her in 1958, in favour of respondent no. ..... the present appellant and respondent have been married on 30-5-1955 and they resided together till 1958 and on 31-5-1958 there was separation. ..... they were married in 1955 and admittedly have not stayed together since 1958. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1992HP70,1992CriLJ2542
..... for education and vocational training; (6) liberal remissions and regular paroles; (7) greater opportunities to meet friends and near relatives and facilities to allow them to discuss their problems away from the policemen's gaze; (8) proper attention for health and entertainment facilities for prisoners; (9) comprehensive scheme for procurement of work for them and payment of reasonable living wages therefor; (10) provision ..... mental health; (ii) age; (iii) length of sentence; (iv) requirements of security and discipline; (v) previous occupation, training and experience; (vi) result of vocational altitude tests, where given; (vii) area (urban and rural) where the inmate is likely to resettle after released and possibilities of employment; (viii) level of work-skills and abilities; (ix) rehabilitation needs; (x) possibilities of imparting multiple skills; (xi) vocational training needs; (xii) inmate's occupational performance so ..... that when a person provides labour or service to another against receipt of remuneration which is less than the minimum wage, he is acting under the force of some compulsion which drives him to work though he is paid less than what he is ..... electricity ..... if we study the management pattern of open prisons in andhra pradesh, assam, gujarat, maharashtra, mysore, rajasthan and uttar pradesh, we understand that state's open air ..... the meaning of the word 'begar' accepted by a division bench of the bombay ..... the prisoners) to obnoxious, harsh and uncalled for duties .....
Tag this Judgment!