Court : Mumbai
Reported in : (1952)54BOMLR854
..... criminal procedure.24. the law of procedure regulates legal proceedings generally from its inception up to its termination and usually connotes a continuous process. the bombay public security measures act, 1947, by ss. 10 to 20 under the heading '' special courts' prescribed a special procedure for the trial by the special judge of 'such offences ..... and amending the law relating to those several matters. by section 2(3) the act was to remain in force for a period of three years. the act was amended by bombay act i of 1950 and, amongst other things, the words 'security of the state, maintenance of public order and maintenance of supplies and services essential to ..... preferred by the appellants against the order made by shri m.s. patil on march 13, 1950, as the special judge appointed under the bombay public security measures act, 1947, whereby he convicted and sentenced them to death and to different terms of imprisonment under the different charges.13. the prosecution case is shortly as .....
Tag this Judgment!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 : 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 : 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 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1938Bom137; (1937)39BOMLR1269
..... is essentially for public good. any action, therefore, of the municipality taken in violation of that rule must be regarded as ultra vires. any other construction, securing immunity from action taken for injury caused by reason of the disregard of those provisions, would be frustrating the object of the legislature in enacting the safeguard. undout ..... formed, but he refused1 to accept either contending that the resolution of the municipality was ultra vires.3. the act in force at the time was bombay act xviii of 1925, the bombay municipal boroughs act, and section 33 of that act provides in clause (2) 'no chief officer shall be removed from office, reduced or suspended unless by ..... l.r. (1881) all. 829.)29. it is clear that the provisions of section 182 and section 33 of bombay acts of 1901 and 1925, respectively, were enacted with the object of providing security for the holder of the office against summary dismissal by the ordinary vote of the majority. that rule is conducive to stability .....
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