Court : Mumbai
Reported in : (1911)13BOMLR162
..... will briefly review the most important cases.20. in re wallis (1890) 25 q. b. p. 176 decided that a solicitor who acts on his behalf in proceedings relating to the mortgage debt or the mortgage security, cannot (in the absence of express contract) charge against the mortgagor, as part of his costs, charges and expenses incurred as mortgagee, ..... plaintiff company. he was the mortgagee in possession and was threatening to sell their property out and out. by means of such threat, it is alleged, he forced them into an unconscionable agreement under which he was to reap excessive advantages. again, i am unable to accede to this argument. so far as the evidence before ..... 104, because under this agreement he held a place of profit under the company. that, however, obviously would not disqualify him prior to the agreement coming into force and it appears to be certain that defendant no. 1 never signed the transfer of his shares to any other person, until long after the agreements were completed, .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(3)BomCR269
..... this court. while the said application for bail was pending, on 16.10.91, respondent no. 1 passed the detention order under sub-section (2) of section 3 of national security act, 1980, ordering detention of the detenu in the sub-jail reis magos.3. the state government approved the said detention order on 18.10.91. the detenu made representation to ..... granted bail and this is followed by the operative part by which the detaining authority in exercise of its power under sub-section (2) of section 3 of the national security act, 1980 proceeded to pass the detention order against the detenu.7. on behalf of the respondent no. 1 an affidavit in reply came to be filed by shri j.d ..... order dated 16.10.91 as confirmed on 18.10.91 is quashed and set aside and the detenu is ordered to be released form the detention under the national security act, 1980, if not required in any other case.
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)ALLMR593; 2005(5)BomCR823
..... sk. hussain.4. the trial court held that deceased hussain had entered into an agreement of sale and transaction was not by way of security as pleaded by defendants. it also rejected the contention that after settlement of accounts between defendant hussain and son of plaintiff namely abdul mutalik, plaintiff ..... 'whether district court was justified in interfering with the discretionary relief of specific performance granted by the trial court?'relevant provisions of the specific relief act, 1963 to the extent applicable may usefully be reproduced hereinbelow for ready reference.'section 10. cases in which specific performance of contract enforceable. - ..... which was to take effect after proposed vendor obtained permission for the transfer as required under bombay prevention of fragmentation and consolidation of holdings act, 1947 (bpf & ch act for the sake of brevity) because consolidation scheme had become applicable. on 1-7-1976, proposed vendor executed possession receipt and delivered .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR920; 12Ind.Cas.554
..... persons subject to the indian succession act the court will not, unless under exceptional circumstances, order the husband to give security for his wife's costs. though this case has been followed in some other calcutta cases, reluctantly by pigot j. in young ..... give any indication that the common law rule has been abrogated or altered in any way. the view pressed upon the court by mr. raikes seems to derive some force from the judgment of pontifex j. in proby v. proby ilr (1879) cal. 357, wherein it was held that in a suit for judicial separation between ..... the learned advocate general and mr. raikes have argued this case before me with much earnestness and spared themselves no pains to put their contentions before me with force and clearness. they have drawn my attention to numerous cases bearing on the questions under discussion and pointed out with great fairness all cases both favorable and otherwise .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom167; (1927)29BOMLR253; 101Ind.Cas.144
..... i do not understand it to be disputed that in this respect the company in liquidation is exactly in the same position as an individual debtor under the bankruptcy acts. rights in security which have been effectually completed before the liquidation must still receive the effect which the law gives to them. but the company and its liquidators are just as ..... with the agreement of june 28, which he has asked to be enforced by specific performance and sale.23. now, in the first place, i think there is some force in the contention of the defendant as to what exactly is the agreement relied upon by the plaintiff. is it oral or in writing, and, if so, what writings ..... 2 and 3 for the amount of this debt. prima facie it is convenient that their respective liabilities should be determined in one suit. i think there is great force in the argument of counsel for the applicant that if these resolutions eventually stand, then it may be argued-i do not say successfully-that the agents were thenceforth .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(3)ALLMR228
..... be an officer of integrity, efficiency and reliability. he was assigned foreign posting at bhutan in the border road organisation, project dantak on independent command as an officer commanding 60 road construction company under 19 brtf (border road task force) from 1993-96. after this assignment the petitioner came to be posted as an instructor in the ..... invoking jurisdiction under article 226 but that would be for a limited purpose of finding out whether there has been infraction of any mandatory provisions of the act prescribing the procedure which has caused gross miscarriage of justice or for finding out that whether there has been violation of the principles of natural justice which ..... his brother-in-law either in gref or elsewhere, the said certificate was not a guarantee that the job will be secured. he also admitted that his brother-in-law anand sarkar could not secure any job on the basis of the said certificate. it was not his case that the certificate was issued for any .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (2005)(190)ELT174Tri(Mum.)bai
..... the goods are not prohibited from importation under the customs act or any other law for the time being in force. in the present case, goods are allowed to be cleared duty free under notification issued under section 25 of the customs act under certain conditions specified in the notification. when those conditions ..... authorities with interest. when leave to appeal was granted, this court directed that the respondents would be entitled to the said refund provided they furnished adequate security to the satisfaction of the registrar, calcutta high court, on the original side, for repayment of the refunded amount. 4. it seems to us, ..... rajkot within their respective jurisdictions. they have been notified as collectors of customs within their respective jurisdictions through a separate, notification', would lead to find force in the argument advanced by the ld. advocate for the appellant that collector of customs, gujarat at ahemdabad has no jurisdiction to finalise the provisional assessments .....
Tag this Judgment!Court : Mumbai
Reported in : (1919)21BOMLR698; 51Ind.Cas.924
..... been cited at the bar in which the person holding a decree for the payment of future maintenance has been forced to a separate suit in order to secure the sale of the property charged for the realisation of the decrotal amount. i see no reason to think ..... be necessary to bring the property charged to sale in the present case, if section 99 of the transfar of property act wore still in force : in that event the said decision would no doubt be an authority in favour of the defendant's contention. but ..... can help him. the decision in aubhoyessury dabee's case is based upon the terms of section 99 of the transfer of property act, which is now replaced by rule 14 of order xxxiv. the terms of section 99 differ materially from those of rule 14. ..... sale of mortgaged property would apply to property subject to a charge within the meaning of section 100 of the transfer of property act so far as may be. treating the charge under the decree as equivalent to a mortgage for the purpose of this argument, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1970Bom312; (1969)71BOMLR569; ILR1969Bom1024; 1969MhLJ798
..... so-called admissions in the respondent's writings. the assistant judge in appeal while excluding many of these writings as secured by force referred to the others and found that none of them showed any acts of cruelty. as already stated by me, the trial court appears to have erroneously assumed that admissions in the writings ..... research fund having its office at 39, queen anne street, london, (3) volume 10, encylopaedia of medical practice, 2nd edition under the general editorship of lord border, extra physician to her majesty the queen and consulting physician to st. bartholomew's hospital, london in the year 1953, and (4)' the behaviour of the ..... is likely to hold false belief, often of persecutory type, convinced that he is the victim of malevolent plotters and that his thoughts are controlled by external forces such as radar or television. delusions like this are unusually supported by hallucinations, especially of known or unknown voices, which may repeat his thoughts, threaten or .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom182; (1958)60BOMLR873; 1956CriLJ567
..... to the high court, we have a procedure not merely established by law, but enacted by law. that law has been enacted after the coming into force of the constitution. that act, as we have already observed, by section 5 expressly provides that a high court shall have jurisdiction to inquire into or try a contempt of itself. ..... making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clauses in the interests of the security of the state, friendly relation with foreign state, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.' article ..... under section 3, statutory recognition has been given to the practice and procedure followed by the high court prior to the coming into force of the act. having regard to the provisions of the act, we consider that the procedure followed by the high court in dealing with matters relating to contempts of itself is a procedure established .....
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