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 : 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 : 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 : Mumbai
Reported in : (1974)76BOMLR811; [1975]101ITR343(Bom)
..... took the view that where an application under the madhya pradesh temporary postponement of execution of decrees act had been dismissed for default, the provisions of order 9, rule 8 of the civil procedure code would apply by reason of the provisions contained in section 141 of the civil procedure ..... , one of the allahabad high court and one of the calcutta high court, wherein it has been held that where an applicant under section 66 of the indian income-tax act, 1922 (which corresponded to section 256 of the income-tax act, 1961), died during the tendency of a reference before the high court, the reference did not abate because the provisions of the code of civil procedure were not applicable to ..... , by virtue of section 141 of the civil procedure code, the provisions of order 33 of the civil procedure code are equally applicable to applications under section 256(2) of the income-tax act and the present petition cannot be dismissed on the preliminary point that a pauper petition cannot be dismissed on the preliminary point that a pauper petition is not maintainable. 16. ..... schedule i to the bombay court fees act, 1959, is rs. ..... but the cases more in point are two judgments, one of the bombay high court and the other of the madras high court to which i will refer ..... thus be seen that the bombay and the madras high courts have made the provisions of order 33, civil procedure code, applicable to probate and administration proceedings under the indian succession act, by virtue of section 141 .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(2)ALLMR630; 1998(4)BomCR16
..... the material provision in regard to the resolution provides as under :'selection of candidates for admission to post graduate course for term commencing in the year january, 1998 be made on temporary basis as per existing rules, during the month of february, 1997' emphasis providedthe resolution further provides, as under :---'after satisfactory completion of one year government service the candidatesshould be treated as eligible for post graduation study ..... on 28th february, 1996 the government issued a government resolution doing away with the prior requirement of executing a bond and prescribed performance of one year government service as a pre-requisite for grant of postgraduate registration ..... on 17th january, 1997 the government issued one more resolution postponing the applicability of the resolution of the 28th february, 1996 to july, 1997 term instead of january, 1997 term ..... in pursuance of directions now issued by the supreme court, admissions to the postgraduate courses-conducted by the bombay municipal corporation are required to be regulated by the central admission procedure to be conducted by the state government ..... in the circumstances, we find that the aforesaid government resolutions cannot be successfully assailed on the ground that they fail to comply with the provisions of section 65 of the maharashtra universities act, 1994.37. ..... tendolkar : [1959]1scr279 the supreme court has observed as under:-'article 14 forbids class legislation; it does not forbid reasonable .....
Tag this Judgment!Court : Mumbai
..... ; (g) "other backward classes" means any socially and educationally backward classes of citizens as declared by the government and includes other backward classes declared by the government of india in relation to the state of maharashtra; (h) "prescribed" means prescribed by rules framed by the government under this act; (i) "public services and posts" means the services and posts in connection with the affairs of the state and includes services and posts in (i) a local authority; (ii) a co-operative society established ..... 4 february 2005 : separate notifications for (i) chief engineers (ii) secretary, executive director/ director general that appointment shall be strictly on the basis of merit and strict selection. ..... the learned tribunal though declared the reservation act and the circular bad in law, its operation, however, postponed for one year. ..... the learned tribunal, even not noted the earlier existing bombay primary education rules, 1924, whereby the classification of communities as backward and depressed classes/tribes had been recognised. ..... we direct that our decision on this question shall operate only prospectively and shall not affect promotions already made, whether on temporary, officiating or regular/permanent basis. ..... ultimately by resolution dated 18.05.1959 major concessions were made available to the obc category. .....
Tag this Judgment!Court : Mumbai
..... 65 from the plain reading of the above circular, it is clear that the petitioners corporation has taken their usual decision, as they used to take since long to provide this exgratia payment to all the employees, including temporary, ad-hoc and covering period of leave, without pay, absence without leave, the period of suspension, if any and on the basis of actual days of workings, by taking note of their services, this itself shows as per ..... situations could have been avoided, had the pending grievances been redressed first or the execution of the agreement postponed, at least till the next date of court hearing as fixed. ..... the reference was also made to the provisions of the maharashtra essential services maintenance ordinance 1999 (now, it became act as maharashtra essential services maintenance act, 2011), after referring to the various provisions of law and the actual situation as the strike affects the people at large and referring to sections 61, 63 and 64 of the mmc act and various other provisions and ultimately thereby allowing the petition partly declared that the resolution authorizing a payment not sanctioned ..... balmer lawrie employees' union, bombay and others, 1989 lab. ..... ispahani employees' union, air 1959 sc 1147 the debate was whether the workmen were entitled to enjoy benefits they used to enjoy under the employer's predecessors referring to the annual ..... their workmen, air 1959 sc 1151 this was also the case of puja bonus/ exgratia payment and referring to the case .....
Tag this Judgment!Court : Mumbai
..... 65 from the plain reading of the above circular, it is clear that the petitioners corporation has taken their usual decision, as they used to take since long to provide this exgratia payment to all the employees, including temporary, ad-hoc and covering period of leave, without pay, absence without leave, the period of suspension, if any and on the basis of actual days of workings, by taking note of their services, this itself shows as per ..... situations could have been avoided, had the pending grievances been redressed first or the execution of the agreement postponed, at least till the next date of court hearing as fixed. ..... the reference was also made to the provisions of the maharashtra essential services maintenance ordinance 1999 (now, it became act as maharashtra essential services maintenance act, 2011), after referring to the various provisions of law and the actual situation as the strike affects the people at large and referring to sections 61, 63 and 64 of the mmc act and various other provisions and ultimately thereby allowing the petition partly declared that the resolution authorizing a payment not sanctioned ..... balmer lawrie employees' union, bombay and others, 1989 lab. ..... ispahani employees' union, air 1959 sc 1147 the debate was whether the workmen were entitled to enjoy benefits they used to enjoy under the employer's predecessors referring to the annual ..... their workmen, air 1959 sc 1151 this was also the case of puja bonus/ exgratia payment and referring to the case .....
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 to be accumulated until the time of enjoyment arrives, ..... . the purchaser 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 possession of the first floor of the ..... registered under the 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 act ..... . 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 with the bmc; maneckji and the other trustees never ..... were proper parties who might well have been impleaded by the plaintiff or added as defendants by the court, but it cannot be said that no decree can be passed in plaintiff's favour in the absence of the other beneficiaries of 'waqf'.'15 ml.j ..... . 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 counterclaim, the defendant should on the principles of justice, .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(3)BomCR570; (1987)89BOMLR423
..... . 56, analogy of american law is not permis-' sible, but interpreting our constitution sui generis, as we are bound to do, we find no impediment in holding that the dehumanising factor of prolonged delay in the execution of a sentence of death has the constitutional implication of depriving a person of his life in an unjust, unfair and unreasonable way as to defend the constitutional guarantee that no person shall be deprived of his life or personal liberty except ..... a writ petition under article 32 of the constitution of india in the supreme court praying that in view of his tender age, his reformation in jail and the infliction of the sentence of death on him and the delay in execution of the death sentence put forward by him as a ground for commuting the death sentence be taken into consideration and the sentence may be commuted to one of imprisonment for life ..... . therefore, the proceedings in the confirmation case were postponed and the authorities concerned were directed to submit the report about the mental condition of the accused from ..... . mandlik at the bombay suburbs of malad, the defence was that the accused was of unsound mind and was not in a position to understand the nature of his act and as such was covered by the general exception contained in ..... . state of maharashtra [1983] ..... . after may 1959 he worked at his desk as ..... . in 1958 and 1959 he had altercations with other clerks ..... . on may 20, 1959 his superior officer observed that he was prone to lose temper .....
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