Court : Mumbai
Reported in : 2009(5)BomCR486
..... . plaintiff no. 1, therefore, cannot claim the right of residence in the suit flat as her matrimonial home or as her shared residence under section 17 of the said act.18. it is contended on behalf of the defendants that this court has no inherent jurisdiction to grant the plaintiffs the right of residence in the suit flat under section ..... with the said concept. it runs thus:17) right to reside in a shared household -(1) notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the ..... to the usa. such residence cannot continue to be the shared residence of the parties. the wife cannot, therefore, have the right of residence under section 17 of the act in the suit flat in which the parties did not share their residence since 1991.17. the concept of matrimonial home has been considered in the case of (alka bhaskar .....
Tag this Judgment!Court : Mumbai
Reported in : [1968]68ITR614(Bom)
..... s trust fund forming part of the trust fund settled by the said indenture of trust dated the 18th day of december, 1940, at present consisting of the securities and shares more particularly described in the schedule hereunder written or the proceeds thereof the investments for the time being representing the same and which net income may accrued ..... than was provided by relinquishing or surrendering his own interest in the bennet trusts. 8. apart from this, mr. kolah has urged that this contention is devoid of force if one considers the provisions of section 16(3), sub-clauses (iii) and (iv). he has urged that for the purposes of his contention he would assume that ..... . in that case the question was whether the right to receive interests under a settlement was immoveable property of the purpose of section 17 of the registration act. the privy council held that the interest in that case of the son under his father's settlement was immovable property within the meaning of the transfer of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1976Bom272
..... act, 1956 [hereinafter referred to as the 'act'] came into force. after the act came into force ..... the act would ..... of the act, she becomes ..... of the act when she ..... to property act. to such ..... the act. it ..... 14 of the act would be attracted ..... the act pursuant ..... 14[1] of the act s to be interpreted ..... of the act. if ..... commencement of this act.' the argument ..... act came into force ..... hindu succession act came into force, a declaration ..... of the act, it ..... the act, the ..... the act. ..... act. in that view of ..... act. when the property is possessed by a hindu female which is acquired before or after the act ..... act of whether defendant no. 1 got full ownership of the said moveable and immovable properties after the commencement of the act ..... on june 17, 1956 and substantial alterations were made in the rights of property possessed by a female hindu by the provisions of section 14 thereof. the said section provides as under:- '14. [1] any property possessed by a female hindu, whether acquired before or after the commencement of this act .....
Tag this Judgment!Court : Mumbai
Reported in : [1990]68CompCas720(Bom)
..... reserve bank were generally indicated in the preamble as the regulation of the issue of the bank notes and the keeping of the reserves with a view to securing monetary stability in india and generally to operate the currency and credit system of the country to its advantage. but to enable the reserve bank to function in ..... . - (1) notwithstanding anything contained in the foregoing provisions of this part or in any law or (any agreement or other instrument), for the time being in force, where it appears to the reserve bank that there is good reason so to do, the reserve bank may apply to the central government for an order of moratorium ..... provisions of clause 8 of the imports (control) order, 1955, issued under the imports and exports (control) order, 1955, issued under the imports and exports (control) act, 1947 18 of 1947). clause 8b contemplates an action of interim nature pending investigation into the allegations under clause 8 and while considering the question of observance of the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2005Bom385; 2005(4)ALLMR875; 2005(6)BomCR55; 2006(2)CTLJ105(Bom); 2005(4)MhLj629
..... as under : 'before this bank guarantee is made in favour of mula sahakari sakhar karkhana ltd. by state bank of india (dombivli industrial estate branch) agreed security the sate bank of india (dombivli industrial estate branch) hereby agrees and undertake subject to the terms and conditions set forth in this agreement to indemnify and keep ..... that such changes do not have the effect to increase in burden and/or liability of the banker under this agreement. 4. this guarantee shall remain in force and ceases to have effect on expiry of 24 months covering the period from 4th september, 1985. notwithstanding anything herein before contained, our maximum liability under this ..... are the guarantors-the surety and the supplier is m/s. pentagon -the principal debtor. as we have noted and as contemplated under section 124 of the contract act, such bank guarantee should have three basic ingredients i.e. creditor, guarantor and principal debtor. on a bare reading of this document, it is nothing but .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1970Bom23; (1969)71BOMLR197; ILR1970Bom1289; 1969MhLJ476
..... follow that the addition of the clause 'subject to public order, morality and health', which now occurs in article 26 of the constitution, was intended to secure, in its application to clause (c) of that article, that no restrictions can be imposed on the right which religious denominations and sections of religious denominations ..... rejected the revision application, but on a different ground. it held that the trust was not registered on 1st august 1956 when section 88b came into force and that the land was, therefore, not entitled to the exemption claimed by the petitioners. the petitioners have approached this court for a writ or direction ..... : [1952]1scr889 ) came for the decision of the supreme court, however, the constitution (first amendment) act, 1951, had come into force, articles 31a and 31b had been inserted in the constitution, and the zamindari abolition acts passed by the legislatures of the three states had been included in the ninth schedule of the constitution. consequently, .....
Tag this Judgment!Court : Mumbai
Reported in : (2006)ILLJ1119Bom
..... dismissal, discharge or retrenchment has led to that dispute, but does not include any such person (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 962 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a ..... in terms of settlement, it was the bounden duty of the tribunal to have passed an award part i in terms of the individual settlements so far as the field force employees were concerned. here again rule 62 of the industrial disputes (bombay) rules, 1957 was neither referred nor considered. the judgment appears to have turned on the facts ..... lever mazdoor sabha 2001 1 clr 432, the judgment relied upon by mr. rele, it was held by the learned single judge of this court that when all field force employees with the exception of one or two signed the settlements continuously for five years and they received the benefits under these settlements for such a long period and they .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(2)ALLMR299; 2005(5)BomCR832
..... no. 73-80 was filed on 10-4-80 at the time when the decree no. 43525 dated 7-3-1961. was in force. the act was enforced selectively in urban and semi-urban areas with effect from 30-9-69. it was extended to the entire state (then ..... instituted the court possessed such jurisdiction and could pass a decree for possession but it was divested of the jurisdiction when the act was brought into force and the language of sub-section (1) made that abundantly clear and regard had to be held to its object.32 ..... except in the matter of jurisdiction of the civil court to deal with an eviction matter which was pending before the control act of 1958 came into force? we are unable to agree that such is the meaning of the first proviso. we think that the first proviso ..... be continued and disposed of in accordance with, the provisions of the repealed law as if that law had continued in force and this act had not been passed;provided that in any such suit or proceeding for the fixation of fair rent or for the .....
Tag this Judgment!Court : Mumbai
Reported in : 2006BomCR(Cri)581
..... (we will not be in a position to refer to the names and addresses of the witnesses kept concealed by the prosecution, may be for the purpose of safety and security of the witnesses)the first witness, whose statement under section 164 of cr.p.c. was recorded on 21.10.2003, narrates that during namaz at local mosque, he ..... by section 34 against any order, not being interlocutory order of special court, to high court, had accrued in favour of the appellant, during the period when the act was still in force. since sub-section (2) of section 34 requires every appeal under sub-section (1) of the said section, to be heard by a bench of two judges of ..... seen that the training centre at mahuli hills, padgha, was in touch with the training centre beyond the borders of the nation. it could procure services of the trainer, who was trained in pok by let. there appears to be an attempt to secure trainees from all over. the trainees are being psychologically prepared for jehad. for the purpose, accused had .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(6)MhLj788
..... of india. such laws may be in respect of person within the territory, of property - immovable or movable - situated within the state, or of acts and events which occur within its borders. so long as the law made by the state legislature is applicable to the persons residing within its territory and to all things and ..... whilst in the second meaning, precedents not only have great authority but must in certain circumstances be followed. it is said that the practice is necessary to secure the certainty of the law, predictability of decisions being more important than approximation to an ideal, any very unsatisfactory decision can be reversed for the future by ..... often termed the `ratio decidendi'. the concrete decision is binding between the parties to it, but it is the abstract ratio decidendi which alone has the force of law as regards the world at large'. according to austin, the general reasons or principles of judicial decision abstracted from peculiarities of the case are commonly .....
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