Court : Mumbai
Reported in : 2010(112)BomLR2014
..... anything contained in any other disposition and/or nominations made by the nominating person(s) under any other law for the time being in force, for the purposes of dealing with the securities lying to the credit of deceased nominating person(s) in any manner, the depository shall rely upon the last nomination validly made prior to ..... or at any time before the policy matures for payment, nominate the person or persons to whom the money secured by the policy shall be paid in the event of his death.11. under the insurance act the nomination entails payment by the insurance company to the nominee to obtain a complete discharge. once the amount ..... nomination the effect of the testamentary disposition itself. hence, any other disposition or nomination under any other law stands subject to the nomination made under the depositories act. section 9.11.7 further shows that the last of the nominations would prevail. this shows the revocable nature of the nomination much like a testamentary disposition. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1970Bom290; (1970)72BOMLR436; 1970CriLJ1062; ILR1970Bom1074; 1970MhLJ93
..... as follows; hindi -- kesari or khisari sanskrit - triputi bengali, malyalam, tamil tod oriya -khesari telgu - lamka gujarati and marathi -- lath.' rule 44-a was brought into force in the state of maharashtra by the state government notification no. pfa.1060/d dated 15th november, 1961, published in the gazette dated 23rd november, 1961. the notification brings ..... the legislature, in order to protect the health of the community by preventing the adulteration of food, deliberately bypassed the possible hardship in a few border-line cases. we do not think therefore that this argument of hardship can prevail against the clear provisions of law,46. thus, upon a consideration ..... in para 8:'the acceptance of this argument would lead to the starvation of many industrial establishments or force them, to manufacture raw materials,'that was one of the reasons why he held that 'the prevention of food adulteration act deals with food and it will be open to the accused to plead that the article involved .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)ALLMR836; 2007(4)BomCR387; 2007(4)MhLj185
..... . though the defendant no. 9 has raised a shield of section 34 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, the provisions of said act do not even remotely come into play, including for citing as a simile.(5) manohar lal chopra v. seth hiralal bahadur rao raja ..... grave error of law in rejecting the application by relying on sections 34 and 35 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 which is not at all applicable to the facts of the case.(b) ....omitted.(c) ....omitted.(d) the learned court should have ..... interfere in bank's taking action under section 13(4) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002. admittedly, present is not a case under srfa esi act, 2002, and reliance on this judgment is wholly misplaced.questions for determination24. the questions, those arise for consideration of this .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR815; (2008)110BOMLR3204
..... of unequal bargain power; being forbidden by law and further in view of section 25 of the contract act, as the agreement to transfer is without consideration and the same was not registered, have no force.44. we have noted that there are no averments of undue influence and/or misrepresentation or any sort of ..... proceedings are treated as being indispensable to giving the court jurisdiction. but if it appears that the statutory conditions were inserted by the legislature simply for the security or benefit of the parties to the action themselves, and that no public interests are involved, such conditions will not be considered as indispensable, and either ..... the the common clause of the respective agreements, being unreasonable, irrational, illegal and void ab initio as it is without consideration and registration. there is no force as already noted above even in this submission, especially when the said clause has been agreed to be incorporated by the petitioner society on its free consent and .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1970Bom213; (1970)72BOMLR192; ILR1970Bom1001
..... of employment, i.e., regarding the right to alter the terms and conditions of service fixed by an award to the prejudice of the workmen without securing a reference under section 10 of the act. similarly, the workman, in spite of his right to agitate in that connection was not left with the liberty to insist upon the revision of ..... to be decided is about whether, because such a demand for revision of the rate of dearness allowance could be raised, the employer had liberty unilaterally to bring into force and implement that demand and reduce unilaterally the dearness allowance by 40 per cent as was stated in the notice of change tendered under section 9a. now, the ..... till it is displaced by another contract. hence a benefit as per the terms of the award which has ceased to be operative or in force under section 19(6) of the industrial disputes act, 1947, could be claimed on the basis that the provisions of such award would create a contract between the concerned parties.'13. having regard .....
Tag this Judgment!Court : Mumbai
Reported in : 1978(2)ELT680(Bom)
..... according to us a fair order as to costs should therefore, be that each party should bear and pay its costs throughout. the deposit made by the appellants as security for the respondents costs will be refunded.22. after this judgment was concluded mr. parekh orally applied for leave to appeal to the supreme court under article 133 of ..... at such time and place and to such person as may be designated, in, or under the authority of these rules, whether the payment of such duty or duties is secured by bond or otherwise'. rule 9 prescribes the time and manner of payment of duty. sub-rule (1) of rule 9 provides as follows:-'9 (1). no excisable goods ..... finance bill was introduced in parliament on february 29, 1956 and it contained a declaration under the provisional collections of taxes act, 1931 by reason of which inter alia the said item no. 23 came into force with immediate effect. by this item vegetable non-essential oils became liable to duty of excise. according to the petitioner in that .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1970Bom96; (1970)72BOMLR173; ILR1971Bom222; 1969MhLJ425
..... of voters and sub-section (1) states that the electoral roll of the maharashtra legislative assembly prepared under the provisions of the representation of the people act, 1950, and in force on such day as the state government may by general or special order notify in this behalf for such part of the constituency of the assembly ..... tie between the petitioner and the respondent no. 1. each of them having secured 87 votes. since the petitioner and the respondent no. 1 secured equal votes, the returning officer acted under rule 34, sub-rule (3) of the bombay village panchayats rules, 1959 and lots were drawn as a result of ..... the respondent no. 2 ganeshrao malluji secured 92 votes, the petitioner and the respondent no. 1 secured 87 votes each and the respondent no. 3 hiraman secured 72 votes. being a double-member constituency, the respondent no. 2 ganeshrao who secured largest number of votes was first declared elected. so as to secure the second seat, there was a .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1970Bom144; (1970)72BOMLR246; ILR1970Bom540; 1969MhLJ813
..... do not hold land in excess of the ceiling area though the original holder hold surplus land. the object of the ceiling act is given in the preamble to the act which reads as under:'whereas, for securing the distribution of agricultural land as best to subserve the common good, it is expedient in the public interest to impose a ..... parties. that means the legislature did not want the holders of excess land to divest themselves of the excess land after the ceiling act came into force or in anticipation of the ceiling act coming into force in order to defeat the objects of the law, by voluntarily transferring their excess lands either by transfer or partition as that would prompt ..... the requirements of sub-section (3) of section 46 are complied with, the rules made by the state government have the force of law and are to be treated as if they are part of the ceiling act itself. under this rule-making power the state government has framed rules, the validity of which has not been challenged, and .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1975Bom205; (1975)77BOMLR533
..... name is included in the list of voters maintained under section 11 and who is not disqualified for being elected a councillor under this act or any other law for the time being in force, shall be qualified and every person whose name is not included for being a councillor shall not be qualified to be elected as ..... make rules with regard to all or any of the matters mentioned therein viz. inter alia the nomination of candidates form of nomination paper, objections to nomination, security of nomination and appeals against acceptance or rejection of nomination papers. section 18 provides for circumstances under which a duly qualified person can be nominated by the state ..... contend that the nomination paper of such defeated candidate was wrongfully accepted and if he was not in the filed, then, even the defeated candidate would have secured the votes which were cast in favour of the defeated candidate. this will be a ground on which the validity of an election of a returned candidate can .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2001Bom170; 2001(1)BomCR821; [2001]105CompCas35(Bom); 2001(2)MhLj206
..... by this court stands automatically discharged after july 16, 1999. till such rights are determined by drt the property remains custodia legis. even after coming into force of the drt act and the drt the said rights to the possession of the funds/properties held by the receiver remain undecided and, therefore, till drt appoints its receiver under ..... 1987, this court had appointed the high court receiver, high court, bombay in respect of the suit property, viz., a tea estate in kerala, which was mortgaged as security with the plaintiffs-bank by defendants nos. 1, 2, 3 and 4 for the loan advanced by the bank to defendant no. 1. the plaintiffs have filed the ..... a bank suit, has stood transferred from this court to the debt recovery tribunal (drt) established under the recovery of debts due to banks and financial institutions act, 1993 (rddbfi act), on and from december 16, 1999. a very strange and curious situation has arisen before me. the main suit proceedings are not in my hands while its .....
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