Court : Mumbai
Reported in : AIR1983Bom291
..... on 15-10-1968 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. ..... on 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 m. p. ..... madangopal zumbarlal chaudhari agarwal of achalpur city, taluka achalpur, district amravati obtained a preliminary decree against defendants bhagwant and his two sons prabhakar and madhukar for foreclosure on the basis of a mortgage for rupees 5,510.82 possession and defendant having failed to pay the amount, applied on 19-2-1968 by exempted. ..... in this case 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. ..... 1 ittyavira partly for cash consideration and partly in consideration of execution of hypothecation bond of some immovable properties. ..... 9 without assigning any reasons and this was because of failure on the part of the court to take into account the above referred pleadings. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC171; (1973)1SCC37; [1973]2SCR172
..... on 14 january, 1967 the appellant was served with an ex-parte order passed by the small causes court, bombay on respondent deshpande's application for setting aside the ex-parte decree restraining the appellant from executing the ex-parte decree dated 23 november, 1966. ..... the respondent deshpande contended that small causes court acted without jurisdiction in passing an ex-parte decree without framing and determining the preliminary issue as to whether the respondent deshpande was a tenant in respect of the premises. ..... secondly, whether the small cause court is required to frame an issue as to whether the occupant is a tenant within the meaning of the bombay act of 1947 and is entitled to protection of that act, decide it as a preliminary issue, whether or not the contesting part appears before the court at the date of the hearing. 4. ..... under order 15 rule 3 of the code the court has to postpone the further hearing of the suit for production of further evidence or argument as the case might be. ..... the high court noticed that the two maharashtra amendments to the act, namely, sections 42a and 49 indicate that only a decision on the claim of an occupant to be a tenant within the meaning of the 1947 act can be the subject matter of an appeal and section 49 of the act bars a suit on the basis of title as a tenant within the meaning of the 1947 act. ..... tha appellant allowed the arrangement as a temporary one and without prejudice to the rights and contentions of the parties. 9. .....
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 ..... part of this judgment adverted to the fact that as on 22nd december, 1959 there was a short fall in the promotions of assistant executive engineers to the extent of 86, because the quota rule had not been properly implemented from 1953 up to 22nd december, 1959 and promotions of assistant executive ..... 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 ..... 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 .....
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)
..... (d), (ee) and (h) of section 2 as follows :(d) 'goods' means all kinds of movable property other than actionable claims, stocks, shares or securities and includes all growing crops, grass and things attached to or forming part of the land which are agreed before sale or under the contract of sale to be severed; (ee) 'purchase price' means the amount payable by a person as volubleconsideration for the purchase or supply of any goods less ..... ', '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. ..... 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 ..... question, it is necessary to dispose of a preliminary contention raised by the appellant with respect to this part of the ..... 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 ..... 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 ..... state of maharashtra and anr. .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(2)BomCR329
..... . explanation---an intention that an interest shall not be vested is not to be inferred merely from a provision whereby the enjoyment thereof is postponed, or whereby a prior interest in the same property is given or reserved to some other person, or whereby income arising from the property is directed ..... should have decided the appeal on merits and not on the preliminary ground of its maintainability, having regard to the retracted ..... agrees to bear all costs of such removal provided that the vendor shall on the execution of this agreement hand over to the purchaser complete possession of the property with vacant ..... maharashtra co-operative societies act (mcs act), the suit had to be preceded by the service of a notice prescribed under section 164 of the said ..... decree for specific performance when there has been a change of status qua since the contract, which has been contributed to a large extent by the dilatory conduct of the plaintiffs, will be inequitable, and the delay and laches on the part of the plaintiffs in the facts and circumstances of this case disentitle them to obtain a ..... . the existence of a mutual mistake was borne out by munchershaw's acceptance of the garage covenant till 1959; a deliberate attempt by him at plaintiff's instigation to distort the words and failing to have his way ..... . in india, it has been held by the high courts of bombay, calcutta, madras and nagpur, that even where under the law of procedure the defendant is not entitled to make a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365
..... of the power conferred by article 222(1), below mentioned tests will have to be applied:(i) power to transfer a judge of high court is conferred on the president which as part of the executive function of the president he would, in view of article 74, discharge according to the aid and advice received by him from the council of ministers: (ii) the power to transfer ..... or of being dropped altogether and correspondingly it confers some advantage on those who would be furnishing their consent that the circular letter was not a preliminary step in the direction of collecting data and information from sitting additional judges which could be placed before the chief justice of india ..... 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 ..... judgment or decision, the solution itself, as opposed to the apologia for that decision: the decree, as opposed to the logomachy, the effusion of the judge by which that decree is explained or excused....the judge really decides by feeling and not by ..... of maharashtra, bombay : [1971]1scr863 , the expression 'person aggrieved' found in section 37 of the ..... reasonable time but here the occasion to make such order got postponed because of the stay of transfer that was ..... 1959 edition):the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)
..... depth, any of the very large number of connected questions and side issues raised--i doubt whether it is necessary or of much use, in view of my opinion on the preliminary issue of enforceability, to consider all of them even if it were possible for me to do so--may be summarised as follows :dicey's rule of law, with special ..... 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 ..... 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 ..... 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 ..... law that the executive cannot act to the prejudice of a person without the authority of law was recognised as part of 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 ..... nation, the rights of individuals must be postponed to considerations of state and national .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR3148
..... 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. ..... 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 ..... 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 ..... our preamble was voted upon and is a part of the constitution, it is really 'a preliminary statement of the reasons' which made the passing ..... with retrospective effect had the effect of rendering the decree for eviction null and void. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR189
..... 'ble apex court has found that such a person can prefer an appeal being a person aggrieved and it further observed that clearly, the person who is liable to be proceeded against in execution of the decree or can file an appeal against in decree, though not a party to the suit or decree, does have locus standi to move an application for setting aside an ex-parte decree passed against the person (original defendant) in whose shoes he has stepped in. ..... it follows that the respondent having purchased from the said hazra while the appeal by the said hazra against the said preliminary decree was pending in the high court, the doctrine of lis pendent must imply to his purchase and as aforesaid he was bound by the result of that ..... plaintiff says that he 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 stroud dictionary, this expression is defined as under:it implies not only the disposition but the capacity to do the act.plaintiff must show that non-completion of the contract was not the fault of the plaintiffs and that they were disposed and able to complete it if it had not been renounced by the ..... in a given case plaintiff securing temporary injunction or even punishment order against erring defendant, may ultimately fail in his ..... sen has relied upon division bench of the bombay high court in bajranglal gangadhar khemka and anr. .....
Tag this Judgment!Court : Gujarat
Reported in : [2006]132CompCas606(Guj); [2006]71SCL274(Guj)
..... cases 648 where 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 ..... decree of a court creating charge on the properties of a company has to be distinguished from a preliminary decree passed in a mortgage suit based on an unregistered charge which is hit by section 125 of the act ..... of the company to execute the mortgage the consideration for postponement of repayment failed and ..... 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 ..... 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. ..... and natural gas commission act (central act 43 of 1959, hereinafter referred to as the act). .....
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