Court : Mumbai
Reported in : AIR1983Bom291
..... defendants filed an application under section 3 of the madhya pradesh temporary postponement of execution of decrees act, 1956 (for short, referred to hereinafter as m. p ..... this reasoning it was found that the petitioner could not have come under the definition of debtor either under bombay ordinance or bombay act because debtor was defined thereunder to mean a defendant or judgment debtor against whom proceedings were stayed under the ..... act), praying of postponement of final decree proceedings in terms of the said act, say of plaintiffs was ..... briji lal : [1964]2scr145 justice hidayatullah of supreme court of india said 'there is no higher principle for the guidance of the court than the one that no act of court should harm a litigant and it is the bounden duty of courts to see that if a person is harmed by a mistake of the court he should be restored to the position he would have occupied but ..... the decree in question comes within the ambit of section 2(7) of the maharashtra ( ..... maharashtra (vidarbha region) agricultural debtors relief ordinance 1969 came into force on 7-3-1969 and it was replaced by maharashtra act of the same nomenclature being act ..... a decree was sought to be attacked in execution proceedings on the ground that it was passed in disregard of mandatory provisions of section 164 of the maharashtra co-operative societies act and the learned single judge, relying upon ittyavira's case (cited supra) rightly held that such a challenge was not available in execution proceedings. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC1291; 1984LabIC1176; (1984)IILLJ282SC; 1984(1)SCALE949; (1984)4SCC545; [1984]3SCR847; 1984(2)SLJ197(SC)
..... vacancy which attracts the applicability of the quota rule is not only a vacancy in a permanent post but also a vacancy in a temporary post and obviously no executive engineer can have a lien on a temporary post and therefore, extinguishment of a lien on a post is not necessary in order that there should be an available vacancy for ..... to determine inter-se seniority between the direct recruits and the promotees appointed regularly within their respective quota from and after 16th january, 1959 and though, in the absence of any specific seniority rule, the court could have applied the residuary rule based on length of ..... executive engineers for recruitment to the grade of executive engineer will not postpone the regular recruitment of the assistant executive ..... that notwithstanding any thing contained in any judgment, decree or order of a court or tribunal or any other authority, no tax assessed or purported to have been assessed by a municipality on the basis of capital value of a building or land and imposed, collected or recovered by the municipality at any time before the commencement of the validation act shall be deemed to have invalidly assessed, imposed, ..... state of maharashtra : [1977]3scr775 that 'all other factors being equal, continuous officiation in a non-fortuitous vacancy ought to receive ..... 6087 that since section 73 of the bombay municipality boroughs act, 1925 allowed the municipality to levy a 'rate' on buildings or lands and the term 'rate' was confined to an imposition .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1293; 1986(1)ARBLR135(SC); 1985(2)SCALE410; 1985Supp(1)SCC280; [1985]3SCR26; [1985]60STC213(SC)
..... property or in any event was the creation of an interest in immovable property by way of grant of profit a prendre which according to the respondent company amounted in indian law to an easement under the indian easements act, 1882 (act v of 1882), and that for the said reason the amounts of royalty payable under the bamboo contract could not be made exigible to either sales tax or purchase tax in the exercise of the legislative competence of the ..... court held that 'patassa', 'harda' and 'alchidana' were sugar in different forms and fell within the definition of sugar in entry 47 of schedule a to the bombay sales tax act, 1959. ..... circumstances. under condition 14, the prescriptions contained in the working plan, working schedule and their amendments or the executive instructions of the higher authority and local rules were to be binding on the contractors as regards felling ..... section 3 of the said amending act validated assessments or re-assessments, levy or collection of any tax or imposition of any penalty made or purporting to have been made under the orissa act before july 19, 1979, as if all such acts had been done under the orissa act as so amended, notwithstanding anything contained in any judgment, decree or order of any court or other authority ..... property in the said trees passed to the forest contractor, namely, the respondent firm, when the contract was made, and the fact that the time of delivery as also payment of price was postponed was ..... ]3scr680 and state of maharashtra and anr. v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR4550
..... court or authority much less the civil court or the company court can go into the said questions relating to the liability and the recovery except as provided in the act.thus the adjudication of liability and the recovery of the amount by execution of certificate are respectively within the exclusive jurisdiction of the tribunal and the recovery officer and no other court or authority much less the civil court or the company court ..... where the property to which the claim or objection applies has been advertised for sale, the tax recovery officer ordering the sale may postpone it pending the investigation of the claim or objection, upon such terms as to security or otherwise as the tax recovery officer shall ..... the tribunal held that the bank was entitled to execute the decree by the sale of movable and immovable assets as they held a valid charge which was registered with the registrar of ..... maharashtra had filed a suit in this court which on coming into force of the provisions of the recovery of debts due to banks and financial institutions act, 1993 (hereinafter referred to as the rdb act) was transferred to the tribunal constituted under the rdb act. ..... the bank had earlier obtained a temporary injunction restraining the original defendant from alienating or transferring ..... , accordingly directed the registry to place the matter before the learned chief justice under rule 28 of the rules of the high court of judicature, bombay, original side, for consideration by a larger bench. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365
..... of that court for such period not exceeding two years as he may specify, but if the said conditions are not fulfilled and the objective facts unmistakably demonstrate that the increase of business is not of a temporary character but is a permanent increase every year or that the arrears have increased and accumulated to an appreciably disturbing lever with no reasonable prospects of substantially reducing the same over a period of years, ..... but depends on numerous other factors and several suggestions in the direction of finding a solution to that problem have been under active consideration of the union government counsel, however, strenuously disputed that in this area appertaining to executive function of the appointing authority and/or the union government this court can grant relief by way of declaring the sitting additional judges to be deemed to have become permanent or by directing the president to ..... seervai. advocate general of maharashtra, bombay : [1971]1scr863 , the expression 'person aggrieved' found in section 37 of the advocates act, 1961 ..... that such an order fixing the compensatory allowance could follow and would have fallowed in the instant case within reasonable time but here the occasion to make such order got postponed because of the stay of transfer that was ordered by this court ..... . tresolini 1959 edition):the executive power shall be vested in a president of ..... 1203):amending act 22 of 1972 was, therefore, enacted for the express purpose of saving decree which .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR3148
..... difference is just of the person manning the administration of the panchayat but nonetheless if the administration goes on as well as ever, why should there be so much of hue and cry ail because of a temporary aberration resulting in the switch over from the peoples' representatives who have served out their term, to a government's nominee who will last only for a short period. ..... at as aforesaid that section 272a does not furnish government the power to 'postpone' or 'cancel' the election is of no avail to the petitioners since i have already held that there is still power available to government to give directions under article 162 of the act in exercise of the executive authority vested in it. ..... as f have mentioned earlier although there was in the state of karnataka a statute under the nomenclature of the village panchayats and local boards act 1959, a feeling probably that the aforesaid enactment was not adequate enough to translate into reality the dynamic notions of village administration indicated in article 40 of the constitution, the state of karnataka ventured to ..... this decision is by a bench of the bombay high court, the challenge therein was to section 48a of the municipalities act on the ground that the said act was not merely beyond the legislative competence of the maharashtra state legislature but the said section also violated the fundamental ..... the introduction of a proviso with retrospective effect had the effect of rendering the decree for eviction null and void. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)
..... to defend his personal liberty in the court of first instance or in a higher court, nor does it bar the execution of decrees passed against the government, nor does it bar the grant of relief other or less than the release of the ..... for, suspension of habeas corpus is verily, in substance and effect, suspension of the right of personal liberty granted in magna carta, but it has been justified on the ground that whatever be the temporary danger of placing such power in the hands of the government, it is far less than the danger with which the constitution and the society are threatened, or to put it differently 'when ..... 226 of the constitution, despite the presidential order under article 359 of the constitution, on the ground that there was no condition at all in the bombay conditions of detention order, 1951, authorising the government of maharashtra to prohibit the publication of a book of purely scientific interest just because the petitioner happened to be detained under the defence of india rules, 1962 ..... bharat singh 0043/1967 : [1967]2scr454 the state government, on april 24, 1963 made an order under section 3 of the madhya pradesh public security act, 1959 directing that the respondent shall not be in any place in raipur district, that he shall immediately proceed to and reside in a named town ..... it holds that when a crisis arises in the life of the nation, the rights of individuals must be postponed to considerations of state and national safety must override any other .....
Tag this Judgment!Court : Gujarat
Reported in : [2006]132CompCas606(Guj); [2006]71SCL274(Guj)
..... on page 671 the court has observed as under:for the reasons recorded above, all the company applications are partly allowed with direction to the official liquidator to reckon the claim of the state of maharashtra, as well as the state of karnataka, as the case may be, as ssecured creditor of the company in liquidation along with other secured creditors and workers of the company in liquidation on pari ..... the plaintiff claiming an entitlement to money.7.2 similarly, order 38 rule 5 also provides for attaching property of defendant who is likely to frustrate execution of a decree by disposing of his properties. ..... 1967, the supply of gas to some of these industries in and around vadodara city was started, initially as a temporary measure pending the effective materialisation of the gujarat fertilizer corporation demand, after which the industries were to go over to ..... which regulate the affairs of insolvency proceedings.8.18 section 109 of indian companies act, 1913 (corresponding to section 125 of the companies act, 1956) applies to a mortgage or charge created by the company by contract and not to a charge arising by operation of law.what is position of the secured creditor:8.19 the learned counsel has also relied on the judgment of the bombay high court in the case of canfin homes ltd. v. ..... of the company to execute the mortgage the consideration for postponement of repayment failed and ..... oil and natural gas commission act (central act 43 of 1959, hereinafter referred to as the act). .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR189
..... of the proceeding in a court of competent jurisdiction, and to continue until the suit or proceeding has been disposed of by a final decree or order and complete satisfaction or discharge of such decree or order has been obtained, or has become unobtainable by reason of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being in force.the language of section 52 clearly demonstrates that transfer during pendency of litigation cannot ..... they represent the estate of deceased in this matter and even if it is presumed that deceased had any legal heir, in view of decree passed against them by trial court asking them to join in execution of sale deed with deceased and awarding them balance sale consideration, such legal heir cannot be and could not have been treated as legal ..... the sureties objected to the execution against them on the grounds, inter alia that the surety bond being unregistered was not enforceable and that the decree holder a having committed an act by which the remedies of the sureties against the judgment debtor b had been ..... has been calling upon defendants 1 to 3 to get the tenant vacated and execute the sale deed and that the defendants were postponing the same representing that the tenant is not vacating the building. ..... in a given case plaintiff securing temporary injunction or even punishment order against erring defendant, may ..... relied upon division bench of the bombay high court in bajranglal gangadhar khemka .....
Tag this Judgment!Court : Chennai
Reported in : [1991]71CompCas723(Mad)
..... has to see whether the document has been presented in the manner prescribed under the act and by a person authorised to present it and whether it had been presented before the proper officer and whether it had been executed by the person by whom it is purported to have been executed so that he could satisfy about the identity of the person appearing before ..... violated. it was a case wherein the floor area was adopted for determining rent for fixing a ratable value under the bombay act 59 of 1949, and it was held that such a method is violative of article 14, because it was felt ..... , learned counsel, mr.sundaravaradan, would submit that the rationale of the earlier decision of the supreme court in gannon dunkerley's case : [1959]1scr379 , that works contract is indivisible still continues, and it is only for the purpose of sales tax by introducing a ..... of the objects and reasons for passing of the amendment act 38 of 1987, the impression gained is that the amendments effected are far short of the loopholes which require to be plugged, and a more rigorous comprehensive legislation than enacted in delhi and maharashtra is required to be enacted expeditiously without ..... initially and postpone ..... . 1882, held that a superstructure, removable in execution of a small cause court decree, is deemed to be movable ..... land. whether the superstructure is of a temporary or permanent character, it is immaterial relating to its ownership and merely because it gets erected on the land of another, automatically .....
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