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Jamshed K. Tarachand Vs. Soonabai

Court : Mumbai

Reported in : (1908)10BOMLR417

..... of godliness; i could not impute to any individual professing the roman catholic religion that he regarded a gift of money for masses as a means of securing from such a sacrifice a private and exclusive benefit for himself alone as being much less than blasphemy, and as i understand the proved doctrine of the church ..... court mr. kahga for defendants 1 and 2, mr. bahadurji for defendants 10 and 11 and mr. padsha for the 12th defendant, the advocate general, combined forces and waged uncompromising war in favour of the trust against the plaintiff whose counsel mr. tarachand bore the brunt of the attack with remarkable courage and attempted with much ..... or hell as it deserves. according to zoroastrianism the fravashi is not responsible for the man's good or bad actions. the soul is responsible for all acts committed in life inannimate objects have their fravashis too. the fravashi aids both animate objects-animate objects in their moral and physical devolopment objects-in their growth and .....

Jamshedji Cursetjee Tarachand Vs. Soonabai and ors.

Court : Mumbai

Reported in : 1Ind.Cas.834

..... for defendants nos. 1 and 2, mr. bahadurji for defendants nos. 10 and 11 and mr. padsha for the 12th defendant, the advocate-general, combined forces and waged uncompromising war in favour of the trust against the plaintiff whose counsel mr. tarachand bore the brunt of the attack with remarkable courage and attempted with ..... religion. they agree in saying that the performance of the muktad ceremonies during the farvardigan days is enjoined by the zoroastrian religion--that those ceremonies are acts of great religious merit--they form the most important portion of their divine worship, and that according to the beliefs of those that profess the religion ..... i find, a religious duty imposed upon the zoroastrians by the proved tenets of the religion they profess.106. i further find that the ceremonies themselves are acts of religious worship. they include worship, praise and adoration of the supreme deity, and a thanksgiving for all his mercies. they contain petitions for benefits, both .....

Federation of Western India Cine Employees Vs. Filmalaya Pvt. Ltd.

Court : Mumbai

Reported in : (1981)83BOMLR423; (1981)IILLJ393Bom

..... it is well-settled principle of law that a thing which cannot be done directly cannot be permitted to be done indirectly and this is what the plaintiffs have secured in the present suit.24. in this view of the matter, the order passed by the city civil court, bombay so far as the prayer clause (a ..... to be closed on january 14, 1980 the plaintiffs denied the allegations made by the union. they also denied the allegation of the union that any worker was forced to sign any document. we have also on record the alleged undated letter at ext. 'b' purported to have been signed by the three employees. at least ..... association by various bodies or associations of cine artists, technicians and workers affiliated to the first defendants be restrained from in any manner whatsoever directly or indirectly :(i) acting upon, enforcing, implementing or taking or continuing any step, action or proceeding for enforcement or implementation of the directions contained in the first defendants' letter dated may 3 .....

Yousuf Ali Abdulla Fazalbhoy and ors. Vs. M.S. Kasbekar and anr.

Court : Mumbai

Reported in : AIR1982Bom135

..... was as follows :'rules 75 -a (1) if in the opinion of the central government or the provincial government it is necessary or expedient so to do for securing the defence of british india, public safety, the maintenance of public order or efficient prosecution of the war, or for maintaining supplies and services essential to the life ..... and awards for the payment of compensation in respect of any such property for any period of requisition before the commencement of this act and in force immediately before such commencement, shall continue to be in force and shall apply to the payment of compensation in respect of that property for any period of requisition after such commencement; (b) ..... vacated the flat, it was allotted to one b. t, rele, assistant commissioner of police who occupied the flat from 11-1-1974 and retired from the police force on 1-10-1976 after a long and meritorious service. he was initially allowed a period of 4 months to vacate the flat. this was in accordance with the .....

Shri Luizinho Joaquim Faleiro Vs. the State of Goa, Through Its Chief ...

Court : Mumbai

Reported in : 2003(2)MhLj334

..... purpose of freshelection and there was no other alternative available. hesubmitted that the cabinet decision was taken in order togo for fresh elections to secure a fresh popular mandatewhich is clearly borne out from the affidavit as well asadmissions flowing from averments contained in thepetitions in this behalf. he ..... in balmadiesplantations v. state of tamil nadu, : [1973]1scr258 ,wherein the question of validity of a notice under the actwhich had not been brought into force was not examined asthe matter was purely academic in nature. in the case ofm. ismail faruqui v. union of india, : air1995sc605 , the apex court ..... functioned under the general superintendenceand control of the governor general, whenever he acted inhis individual judgment or discretion.67. independence inevitably brought about achange in the role of the governor. until theconstitution came into force, the provisions of thegovernment of india act, 1935 as adopted by the indian(provisional constitution) order, 1947, .....

M/S. Sociedade De Fomento Industrial Ltd. and Others Vs. Ravindranath ...

Court : Mumbai

Reported in : 1999(4)BomCR809

..... also shall be taken care of by the company. maximum of100 litres petrol per month for which bill will be produced by youto the company. (e) security at the residence at night. 4. this appointment is explicitly on the condition and agreement by you with us that you shall not undertake directly or indirectly ..... . the term' similar's is different from the term 'competition'. 'similar' would mean having marked resemblance or likeness. it would not involve rivalry or an act of involvement leading to conflict with somebody. being so, considering the terminology used in clause 4, it is abundantly clear that clause 4 of the letter of ..... appointment and the memorandum of understanding would be defeated. the plaintiffs having complied with all their obligations in terms of the said appointment letter but the defendants have acted in contravention of clause 4 of the said appointment letter dated 13th july, 1995. the plaintiffs are. therefore, entitled for injunctive relief against the defendants as .....

Peico Employees Union, Thane, Vs. Peico Electronics and Electrical Ltd ...

Court : Mumbai

Reported in : 1995(2)BomCR344

..... 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 ..... 'therefore, the settlement, dated 5th january, 1993, being a package deal, it will have to be accepted by the parties as a whole and no part of work force can accept only its beneficial clauses and discard what is not favourable to them'. in paragraph 30 of the award, the tribunal itself found that, as a result of ..... workmen under the terms of the said settlement, the first respondent company effected a steep increase in productivity without any corresponding increase in the size of the work force, by not filing up vacancies due to natural separation occurring after the 1980 settlement. the petitioner claims that the production volumes rose by more than 50 per cent .....

Sanjay Sayani Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 1991(3)BomCR395

..... technology; v) terms, conditions and specifications; vi) infrastructure; vii) details of financial offer; viii) submissions requirement; ix) mobilisation advance; x) agreement; xi) drawings; xii) secured advance; xiii) time limit; xiv) schedule of payment; xv) escalation, etc., the petitioner's contention is that in the light of the fact that powai falls in the ..... the outset clearly indicate that a judicial proceeding of the nature initiated is not an appropriate one for determination of such matters. there is perhaps force in the contention of the petitioner that the hathi committee too was not one which could be considered as an authoritative body competent to reach definite ..... housing and area development authority, (for short the 'authority'), which is a body constituted under the provisions of the maharashtra housing and area development authority act, 1976; the 3rd respondent is the chairman of the 2nd respondent/authority; the 4th respondent is the bombay board, which is a unit of the .....

Wainganga Bahu-uddeshiya Vikas Sanstha and ors. Vs. Anil S/O Dewaji Ga ...

Court : Mumbai Nagpur

..... employee in the disciplinary proceedings, the courts and tribunal should cause the copy of the report to be furnished to the aggrieved employee if he has not already secured it before coming to the court/tribunal, and give the employee an opportunity to show how his or her case was prejudiced because of the non-supply ..... /4/2007 which were exhibited in the enquiry proceedings as also the letter dated 13/8/2008 which was not exhibited; (c) that the appellants were per force required to make an application for ta/da and then only they were paid the same. the management was obligated to provide all the facilities since the enquiry ..... appointed by the executive council had investigated those charges, recorded the evidence and submitted its finding to the executive council. the executive council, under the agra university act, was the appointing authority and as such it was the punishing authority also. in the enquiry held against the petitioner, the members of the executive council had given .....

Western Coalfields Limited and anr. Vs. Rajesh S/O Nandlal Biyani and ...

Court : Mumbai Nagpur

..... senior counsel, that there is failure to comply with the conditions regarding submission of valid bank guarantees of a nationalized/scheduled bank by way of performance/additional performance security, it is not in dispute that the respondent no.1 has submitted two fake bank guarantees of non existent bank namely m/s.mahesh merchant bank limited, ..... company in this behalf shall be final and binding on us. 2. we the said bank further agree that the guarantee herein contained shall remain in full force and effect upto ....... and any claim received after the said date shall in no case bind the bank. 3. the company shall have the fullest liberty ..... the eventualities mentioned in the deed of guarantee. 19) in the context of the aforesaid position of law laid down by the apex court, section 126 of the indian contract act, 1872, regarding contract of guarantee needs to be seen. the said provision of section 126 is, therefore, reproduced below-- section 126. 'contract of guarantee', 'surety', ' .....