Court : Mumbai
Reported in : AIR1977Bom220
..... end. the premises do not cease to have been 'taken on lease' as the phraseology is merely descriptive of how the possessory right originated. the loss of contractual security, and the substitution thereof by the cover of the statutory protection, does not affect, at any rate, the kernel, i. e. the possessory right which also ..... 12-7-1968 required of the petitioner is to furnish certificate. the affidavit sworn on behalf of respondent no. 1 indicates that, according to then instructions in force, applications for de-hiring could be considered only from those who had retired and were not going to be re-employed. there is no element of promise ..... the continuance of the vesting of this possessory right in government and not so much more the originthereof, that makes any premises, a publicpremises under the act. the act pro-vides for a summary remedy against theunauthorised occupants to ensure unobstructed and undisturbed possession of the premises by the government, for the purposes for which the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1980Bom93; (1980)82BOMLR76
..... the appeals.33. the second respondent in both these appeals will bear and pay their own costs of the appeals.34. the amount deposited by the appellants in court as security for the costs in these appeals will be refunded to the appellants.35. at this stage, mr. sakhardande, learned counsel for the first respondent makes an oral application for ..... attain regularity, but to widen the street, that case was not decided on this ground but on the ground that the object aimed at by the section having already been secured by the first line, no second line could be prescribed, whatever might be the motive for the attempt to prescribe it (see p. 1137).13. an examination of ..... the provisions of clause (2) of article 31 would not apply to it, mr. sakhardande, however, contended before us that the act was extended to the area in which the land in question is situate after the coming into force of the constitution, and it, therefore, was not an existing law as defined by clause (10) of article 366 of the .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)BomCR419
..... derogation of, the provisions of any other law for the time being in force.' 41. in exercise of powers conferred by section 30 of the sebi act, the board with the previous approval of the central government, framed regulations, viz., securities and exchange board of india (substantial acquisition of shares and takeovers) regulations, ..... contravention of any of the provisions of the securities and exchange board of india act, 1992 (15 of 1992), or regulations made thereunder or the sick industrial companies (special provisions) act, 1985 (1 of 1986), or any other law for the time being in force, within two months from the date of transfer ..... 1994. these regulations came into force with effect from 4-11-1994. under regulation 2(f)), ' .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(1)BomCR519; (1987)89BOMLR565; [1991]70CompCas528(Bom)
..... paid accordingly : (c) the liabilities specified in category iv shall be discharged, subject to the priorities specified in this section, in accordance with the terms of the secured loans and the priority inter se on such loans ; and (d) the question of payment of a liability with regard to a matter specified in a lower ..... fifth defendant executed two deeds of guarantee in respect of the said accounts nos. 1 and 2. 10. on december 21, 1974, the sick textile undertakings (nationalisation) act, 1974, came into force. 11. on march 20, 1975, and 25, 27 march; 1975, respectively, the plaintiffs' advocates called upon the first defendant and the second, third and fourth defendants ..... in favour of the second, third and fourth defendants and the second, third and fourth defendants endorsed it in favour of the said bank. letters of continuing security and of lied and set off were executed. a deed of guarantee in respect of the said advance was executed by the second, third and fourth defendants .....
Tag this Judgment!Court : Mumbai
Reported in : (1980)14CTR(Bom)20; [1980]124ITR799(Bom); [1979]2TAXMAN225(Bom)
..... usually purchase them with a view to attempting to wind up the company and a prudent purchaser, therefore, while taking care to see that his purchase money is well secured by tangible assets, would look mainly to the dividends which he could reasonably expect to receive on his shares, and such a purchaser would no doubt expect to receive ..... as follows : '(1) for the purpose of making an assessment (including an assessment in respect of any assessment year commencing before the date of coming into force of this section) under this act, the wealth-tax officer may refer the valuation of any asset to a valuation officer - (a) in a case where the value of the asset as returned ..... recurring income. apart from the fact that he may cherish a hope that when the time arrives for selling he will be able to secure a profit, the purchaser's object in making the purchase is to secure, as already stated, a recurring income; he is prepared to risk fluctuation and even the possibility that in any one year (or .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1982Bom443
..... it cannot be recovered back ; thus if a purchaser pays a deposit under an oral contract, the vendor can retain the deposit , if the purchaser defaults. and a security given for the performance of the oral contract is not void for want of consideration merely because the oral contract is unenforceable ; thus an action can be brought on a ..... cease to have been 'taken on lease' as the phraseology is merely descriptive of how the possessory right originated. the loss of contractual security, and the substitution thereof by the cover of the protection under the rent act does not affect, at any rate, the kernel, i.e., the possessory right which also was the creature of the contractual lease. ..... are the wife and children of the late wing commander m.k. kapoor. the premises in question are flat no. 22 in the said building. kapoor was in air force service and retired from the government service on 3-10-1968. in the meanwhile, he was sent on deputation to the air india with effect from 26-9-1967 and .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(5)BomCR93
..... and proper person to be appointed by this hon'ble court; (c) that on such recounting of votes and after ascertaining in fact that it is the petitioner who has secured highest number of votes in the said election, the said election of the respondent no. 1 be declared as void and therefore set aside; (d) that the petitioner ..... of the election. another objection is that the ballot paper bearing sr. no. 004438 during second round is wrongly rejected against b.j.p. as having a stamp on border when it was partially in b.j.p.'s area. there also the complaint is with regard to a single ballot paper. the next objection is that the ballot ..... 1st respondent has contended that the requirement of section 81(3) has not been complied with. dwelling on this question, he pointed out that under the scheme of the act, the election petition as such has been treated distinctly and separately under section 83 from other annexures and affidavits accompanying the petition. mr. nadkarni further submitted that if the .....
Tag this Judgment!Court : Mumbai
Reported in : 2003BomCR(Cri)1727; 2003CriLJ2994
..... been enacted. the object of enacting this act from the statements and objects and reasons appended to prevention of terrorism bill, 2002 reads thus :'the country faces multifarious challenges in the management of its internal security. there is an upsurge of terrorist activities, intensification of cross border terrorist activities and insurgent groups in different parts ..... certain categories of extremely serious offences which cannot be taken care of and dealt with by the general criminal law of the land, which is in force. we expect that prosecution agency should be extremely careful, vigilant and effective while conducting investigation in respect of such offences and the same should be ..... in character. the first category of offences is those which can be adequately dealt with by general criminal laws of this nation which are in force. the second category of offences is those which cannot be dealt by general criminal laws and for which special legislations are evolved by the parliament or .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(1)BomCR545; [2006]130CompCas227(Bom); [2005]65SCL293(Bom)
..... have jurisdiction to entertain any suit or proceedings inrespect of any matter which the adjudicating officer appointed in this act or the securities appellate tribunal constituted under this act is empowered by/or under this act to determine and no injunction shall be granted by any court or other authority inrespect of any action taken ..... jurisdiction to entertain any suit or proceeding in respect of any matter which an adjudicating officers appointed under this act or a securities appellate tribunal constituted under this act is empowered by or under this act to determine and no injunction shall be granted by any court or other authority inrespect of any action taken ..... of other laws are not application of other laws are not barred.the provisions of this act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.securities and exchange board of india (substantial acquisition of shares and takeovers) regulations, 19973. applicability .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1979Bom49; 1979MhLJ193
..... above, the word 'essential' must vary according to theneeds and standards of ordinary and reasonable persons becoming tenants in buildings in greater bombay after the bombay rent act came into force. in view of lack of space on public roads generally and the prevailing thefts of cars and car parts, if there is a compound in a building, ..... has tried to define the word 'premises' in such a comprehensive manner and has further tried to secure this right by laving down in section 24(1) that no landlord either himself or through any person acting or purporting to act on his behalf shall without just or sufficient cause cut off or withhold any essential supply or ..... by the landlord under section 13(1)(e) of the bombay rents, hotel and lodging house rates control act, 1947.23. the legislature has further secured the right of the tenant by providing in section 24(4) of the bombay rent act that any landlord, who contravenes the provisions of sub-section (1), shall, on conviction, be punishable with .....
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