Court : Delhi
..... the division bench, the submission of the respondent/appellant was that a petition under section 9 of the act was not maintainable at the instance of the petitioner herein, against whom the award ..... dipl and the respondent-maharashtra state electricity generation company ..... it is clear from a reading of the judgment of the division bench of the bombay high court in dirk (supra) that the division bench did not have in its contemplation, a situation like the present where the respondent is a foreign corporation with absolutely no assets ..... thus, the reliance placed on the judgment of the bombay high court in dirk (supra) by counsel for the respondent ..... in my view, the judgment of the division bench of the bombay high court in dirk (supra), cannot be relied upon by the respondent for the reason that the said judgment was rendered in an ..... the reasoning adopted by the division bench of the bombay high court as found in paragraphs 11 to 13 of the judgment which ..... the observations made by the division bench of the bombay high court have to be viewed in the light of the context in which ..... he submits that the judgment of the bombay high court in dirk (supra) was rendered in its ..... was placed on a decision of division bench of the bombay high court in dirk india pvt. ..... the division bench of the bombay high court was dealing with a case where dipl was seeking an interim measure for continuing to perform the contractthough in a truncated manner, even after the termination of the agreement had been held .....
Tag this Judgment!Court : Delhi
..... .836. so far as the bombay act was concerned, the state of maharashtra came up in appeal against the judgment of the division bench of the bombay high court affirming the order of the learned single judge striking down the provisions of section 29(1) read with entry 10 of schedule i of the act in so far as they purported to prescribe an ad- valorem court fee, without any upper limit, on grants of probate, letters ..... . the want of some fixed valuation applicable to certain classes on suits, as for example, suits instituted between landlord and tenant to recover a right of occupancy or enforce adjustment, or suits for maintenance or for an annuity the subject-matter of which though not absolutely indeterminable, is certainly not susceptible of ready determination, has given rise to much uncertainty and variety in the procedure ..... the high court may be pleased to issue a writ of mandamus or other direction or order declaring rule 1 of the high court fee rules 1956 and the provisions of the madras high court fees and suits valuation act 14 of 1955 to be invalid and ultra vires insofar as they related to the levy of fees on an ad valorem ..... amount. the respondents no.1 and 2 challenged the validity of the aforesaid provisions of levy of court fees and suits valuation act of 1955 with reference to levy of court fees advalorem working out at the rate of 7 per cent without upper limit by contending that the levy is not only exorbitant but wholly arbitrary, unreasonable and unjustified bearing .....
Tag this Judgment!Court : Delhi
..... .836. so far as the bombay act was concerned, the state of maharashtra came up in appeal against the judgment of the division bench of the bombay high court affirming the order of the learned single judge striking down the provisions of section 29(1) read with entry 10 of schedule i of the act in so far as they purported to prescribe an ad- valorem court fee, without any upper limit, on grants of probate, letters ..... . the want of some fixed valuation applicable to certain classes on suits, as for example, suits instituted between landlord and tenant to recover a right of occupancy or enforce adjustment, or suits for maintenance or for an annuity the subject-matter of which though not absolutely indeterminable, is certainly not susceptible of ready determination, has given rise to much uncertainty and variety in the procedure ..... the high court may be pleased to issue a writ of mandamus or other direction or order declaring rule 1 of the high court fee rules 1956 and the provisions of the madras high court fees and suits valuation act 14 of 1955 to be invalid and ultra vires insofar as they related to the levy of fees on an ad valorem ..... amount. the respondents no.1 and 2 challenged the validity of the aforesaid provisions of levy of court fees and suits valuation act of 1955 with reference to levy of court fees advalorem working out at the rate of 7 per cent without upper limit by contending that the levy is not only exorbitant but wholly arbitrary, unreasonable and unjustified bearing .....
Tag this Judgment!Court : Delhi
Reported in : 160(2009)DLT775
..... case before the bombay high court was different as therein the court attributed knowledge on the accused after considering that the accused who was driving an overcrowded car and along with occupants of the car were making noise in a drunken state knowing fully well that consumption of liquor and possession of the same is prohibited under section 66 of the bombay prohibition act, 1949 ..... a police officer has reasonable cause to suspect him of having alcohol in his blood:provided that a person shall not be required to provide a specimen of his blood for a laboratory test under this sub-section if the registered medical practitioner in immediate charge of his case is not first notified of the proposal to make the requirement or objects to the provision of such specimen on the ground that its provision or ..... terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody:provided that no magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time:provided further that when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in ..... maharashtra 1968 acj 38, held as under:an offence under section 304a indian penal code may be committed either by doing a rash act or a negligent act ..... according to the department of road transport and highway, government of india, india holds the ..... on highways .....
Tag this Judgment!Court : Delhi
Reported in : 148(2008)DLT170; 2008(101)DRJ582
..... under section 12 of the maharashtra control of organized crimes act, 1999 (for short the mcoca), the appellant seeks to assail the order on charge dated 12th october, 2006 and the charge dated 3-11-2006 whereby the learned special judge, mcoca, new delhi has charged the appellant under sections 4 and 5 of the immoral traffic (prevention) act, 1956 (for short the itp act), sections 3(1)(ii), 3(4), 3(5) and section 4 of the mcoca and section 420 read with section 120b ..... authorities were not precluded from applying the provisions of mcoca to offences under sections 3 and 7 of the essential commodities act, 1955 as well as under the 1981 act. ..... state of maharashtra reported in : (2002)1bomlr527 , a division bench of the bombay high court, while upholding the constitutional validity of sections 2(d), (e) and (f) and sections 3 and 4 of the mcoca, with reference to the provisions of section 2(1)(d) which defines 'continuing unlawful activities' observed as follows:.is intended to prevent and control 'organized crime' is something which is continued unlawful activity and that 'continuing unlawful activity' as repeatedly indulging or facing charge of ..... the aforesaid judgment of the bombay high court assumes importance for the reason that the bombay high court after minutely examining the provisions of section 2(1)(d) has clearly laid down that what has been defined as 'continuing unlawful activity' by a member of an 'organized crime syndicate' is an activity prohibited by ..... bombay : [1955 .....
Tag this Judgment!Court : Delhi
Reported in : 109(2004)DLT227; 2004(72)DRJ57; (2004)ILLJ1118Del
..... in view of the fact that not only a substantial question of law of general public importance arises and in light of my difference of opinion with the bombay high court needs a decision by the hon'ble supreme court, i grant as per the provisions of article 134-a at the request of both counsel, a certificate of fitness for leave to appeal to the hon'ble supreme court in ..... in accordance with the position of law laid down in kunal singh's case (supra) the court must prefer the view which advances the object of the act and as per the law laid down in international ore's case (supra) a liberal construction must be placed to achieve the object of the legislation rather than frustrating or ..... ramachandran has particularly emphasized that the concept of 'decoverage' is totally unknown to the act and section 1(3)(a) of the epf act clearly indicates that by its application to industries having 20 or more persons, larger the establishment the greater the need ..... the bombay high judgment in union western bank's case (supra) has not given adequate weight to the concept of 'decoverage' indicated in section 1(5) of the epf act extracted ..... thus the judgment of bombay high court which initially covered the state of maharashtra only, now by virtue of letter dated 21st february, 1989 will have an all ..... in the year 1972 the petitioner established certain branches outside the state of maharashtra. ..... a scheduled bank having its registered and head office at satara, a district place in the state of maharashtra. .....
Tag this Judgment!Court : Delhi
Reported in : 124(2005)DLT413; 2005(84)DRJ506
..... upon an examination of the cases mentioned by mr mittal, it also becomes clear that although in terms of section 13(3) of the pfa act, the director's certificate would supersede the public analyst's report, the difference in the two can still be looked into by the courts for ascertaining as to whether the samples ..... to get the sample analysed by the central food laboratory invoking the provisions of section 13(2) of the pfa act, the same was sent to the central food laboratory, mysore for analysis. ..... fac 273in this case, a full bench of this court held that once the director of central food laboratory issues a certificate in terms of section 13(5) of the pfa act, the certificate is final and conclusive evidence of the facts stated therein. ..... upon the decision of the bombay high court in state of maharashtra v. ..... 1990, the metropolitan magistrate, new delhi, had convicted the petitioner for violation of section 2(ia)(m) of the prevention of food adulteration act, 1954 (hereinafter referred to as the 'pfa act') which is punishable u/s 7/16 of the pfa act. ..... he further submitted that section 13(3) of the pfa act also makes it clear that once the director's report is sought, the certificate issued by the director shall supersede the report ..... on behalf of the petitioner raised the following three issues:-i) he contended that common salt (nacl) is a class i preservative as indicated in rule 53 of the prevention of food adulteration rules, 1955 (hereinafter referred to as 'the pfa rules'). .....
Tag this Judgment!Court : Delhi
..... the petitioner and found by this court, that the order of the trial court dated 10th august, 2009 passed in the instant case clearly reflected that no investigation at all, as was envisaged under section 17a, had been effected and the learned magistrate had directed handing over of custody of the child victim to the respondent no.3 on the finding that he was the natural father without conducting/directing any ..... of any member of the board may be terminated after holding inquiry, by the sate government, if-crl rev.no.443/2009 & crl.m.a.no.3071/2010 38 (i) he has been found guilty of misuse of power vested under this act, (ii) he has been convicted of an offence involving moral turpitude, and such conviction has not been reversed or he has not been granted full pardon in respect of such offence, (iii) he fails to attend the proceedings ..... so far as release of a person under eighteen years of age under section 16 and 17 of the it act, 1956 are concerned, the division bench of the bombay high court directed as follows : (c) any juvenile rescued from a brothel under the immoral traffic (prevention) act, 1956 or found soliciting in a public place should only be released after an inquiry has ..... to employment before an appropriate minimum age; he shall in no case be caused or permitted to engage in any occupation or employment which would prejudice his health or education, or interfere with his physical, mental or moral development. 34. ..... arose in maharashtra tubes ..... bombay air1954sc496:1955 .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1989)(22)LC528Tri(Delhi)
..... lakhs with the collector and also failed to furnish the bank guarantee for the balance of the duty amount till 28-2-1989 the appeal is liable to be dismissed under section 35-f of the central excises and salt act, 1944 which is in pari-materia to section 129e of the customs act, 1962 in view of the law laid down by the apex court in the case of navin chandra v. ..... that the applicants undaunted with the consequences of the non-compliance of the conditional stay order dated 25-8-1988 as modified by the hon'ble bombay high court by its order dated 24-11-1988 and instead of complying with the stay order have moved the present miscellaneous application for modification of the said conditional ..... merely because the applicants succeeded in procuring two letters from the bank of maharashtra and state bank of india to the effect that their proposal for credit facilities was not acceptable to them it cannot be a ground for modification of the conditional stay order passed ..... the financial position of the applicants is not sound is also a repetition of the earlier arguments.from the copy of the writ petition we find that the same ground was taken up before the hon'ble bombay high court and a copy of the balance sheet ending 30-6-1988 was placed on record as ex. ..... from a copy of the writ petition filed before the hon'ble bombay high court we find that the ground that the applicants have a good prima faice case was also taken up before the court and the court after hearing the parties modified our .....
Tag this Judgment!Court : Delhi
..... in adwait surendra aatre the learned single judge of bombay high court observed that the offences under sections 279 ipc and 338 ipc constitute common ingredients. ..... it was held that if an accused is acquitted under section 338 ipc, on the compounding of offence which is permissible with the permission of the court, the accused cannot be prosecuted or tried for the same act by a different title or head under section 279 ipc. ..... where a person accused of one offence under section 337 ipc is acquitted, the acquittal may mean that the accused was not guilty of causing hurt to the person or that he was not acting rashly or negligently. ..... ) the petitioners seek setting aside of the order dated 16.04.2012 whereby the petitioners prayer for dropping the proceedings for the offence punishable under sections 279/337 of the indian penal code (ipc), 3/181, 146/196 and 5/180 of the motor vehicles act, 1988 (the m.v. ..... state of maharashtra & ors. ..... where an offence under section 337 ipc is compounded, the composition can, in very nature of the offence, be of causing hurt to the person so injured and not of doing a rash or negligent act, especially when the rash or negligent act is driving a vehicle or riding on a public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to that person. ..... act) was declined by the learned metropolitan magistrate (mm). .....
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