Court : Mumbai
Decided on : Jul-10-2007
Reported in : 2007(4)ALLMR651; 2007(5)BomCR1; 2007(5)MhLj341
..... , the object sought to be achieved, and the consequences that may flow from the adoption of one in preference to the other possible interpretation. 23. in district mining officer v. tata iron and steel co. : (2001)7scc358 the supreme court stated:. the legislation is primarily directed to the problems before the legislature based on ..... original side of the high court were transferred to the presidency small cause courts, mumbai and were to be tried under the provisions of the rent act. that act gave considerable right and protection to the tenants. the landlords were prohibited from recovering any amount in excess of standard rent which was pegged down at ..... meaning. we then examine every word, every section and every provision. we examine the act as a whole. we examine the necessity which gave rise to the act. we look at the mischiefs which the legislature intended to redress.' similarly in district mining officer v. tata iron and steel co. : (2001)7scc358 the supreme court has observed .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-12-2007
Reported in : 2007(5)ALLMR677; 2007(5)BomCR601; 2007(6)MhLj819
..... 1984 mh.l.j. 719.11. i have perused the judgment of revisional court. the revision court, while considering the revision application under section 29 of the act of 1947, framed three points for determination. maintainability of revision application was point no. 1 and modification in the finding of the trial court was second point. ..... of the petitioner, contention is raised that the revisional court has recorded an illegal finding that the revision application is not maintainable under section 29 of the act of 1947. another finding of the revisional court that scribe of the will in question is not attesting witness is per-se illegal. according to the learned ..... held that neither ayodhyabai alias meena nor the present petitioner ashwinkumar are legal heirs of deceased defendant no. 1 kashinath under section 5(11)(c)(ii) of the act of 1947. this order was subject matter of revision application no. 11 of 1989 before the learned district judge, jalgaon, who, after hearing the parties, rejected .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-16-2007
Reported in : 2007(5)ALLMR540; 2008(1)BomCR485
..... be wholly improper to proceed to make recruitment in the absence of such certification. section 10(6)(a) of the maharashtra project affected persons rehabilitation act, 1999 (maharashtra act no. xi of 2001) reads as under section 10(6)(a) in all class iii and class iv category of services under the establishment of ..... breach. no reservation has been provided for blind and disabled persons, project affected persons as required by section 10 of the maharashtra project affected persons rehabilitation act, 1999 (mah. act no. xi/2001). no list of part time employees from the collector was called as per condition no. 4. respondent no. 4. bank has ..... state government departments, public sector undertakings, local self government, government-aided institutions and co-operative societies specified under section 73a of the maharashtra co-operative societies act, 1960 there shall be not less than five per cent priority quota for the employment of nominees of the affected persons. it is clear from the .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-19-2007
Reported in : 2007(5)ALLMR666; 2007(5)BomCR581
..... patent error while decreeing the suit irrespective of the settled legal position that the suit was outside the purview of section 79 of the b.p.t. act and hence, not maintainable under section 80 thereof. the first appellate court did not consider the issue of limitation in proper perspective. the first appellate court ..... substantial questions of law need determination:(i) whether the first appellate court committed patent error while confirming the scheme drawn under section 50a of the b.p.t. act and rendered perverse finding to the effect that the charity commissioner was not bound to hear the trustee (appellant) while framing the scheme.? (ii) whether the ..... some villagers, including the respondents, submitted an application to the joint charity commissioner in 1980, seeking framing of scheme under section 50a of the b.p.t. act. they claimed themselves to be worshippers of the deity and as such interested in the devasthan trust. they asserted that a large number of worshippers visit the .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-10-2007
Reported in : 2007(6)BomCR156
..... while esufali salebhai's case (supra) ruled that the government is not barred from acquiring and paying for the only outstanding interest merely because the said act, which primarily contemplates all interests as held outside government, directs that the entire compensation based upon the market value of the whole land, must be distributed ..... interests therein, depending upon the facts of each case. the land which already belongs to the government cannot be a subject matter of acquisition under the said act. consequently, the land, wherein the government has subsisting ownership interest, though can also be subjected to acquisition proceedings, but to the extent of 'other ..... 's case (supra) wherein it was held that the government is not debarred 'from acquiring and paying for the only outstanding interest merely because the act, which primarily contemplates all interests as held outside government, directs that the entire compensation based upon the market value of the whole land, must be .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-05-2007
Reported in : 2007(6)ALLMR611; 2007(5)BomCR481; (2007)109BOMLR1959; 2008(1)MhLj753
..... had executed a sale deed in respect of property (bungalow and lands) owned by company on 20.3.1972. the coal mines (nationalisation) act, 1973 vesting in the central government right, title and interest of owners of coal mines specified in schedule, came into force on 1.5.1973. admittedly the appellant purchasers of property were the wives of the ..... its members. there is no change in the ownership in real sense.27. here we may refer to the case of subhra mukherjee and anr. v. bharat coking coal ltd. and ors. : air2000sc1203 . in that case, their lordships considered the doctrine of lifting of corporate veil. there was allegation of sham and collusive transaction by the ..... section only provides an expeditious way of recovery of bank loans/dues but no where states that such dues will be first charge on property under central act. both acts were enacted by competent legislations for different purposes and there is no conflict between the two. it is also held that the bank's right to recover .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-15-2007
Reported in : [2009]149CompCas129(Bom); [2008]82SCL303(Bom)
..... ) and transfer of these undertakings on a 'going concern' basis to four resulting companies.21. the following four are the transferred undertakings/resulting companies:1) the coal based energy undertakings (clause 1.14)/reliance energy ventures limited.2) gas based energy undertaking (clause 1.12)/ global fuel management services limited now known as 'reliance ..... of gas under the psc.39. on 7.11.2006/8.11.2006, a company application no. 1122/06 under section 392 of the companies act, 1956 (the act) has been filed before the bombay high court in which the prayers are as under:(a) order and direct ril to take all necessary steps ..... complete code for sanctioning any scheme including of arrangement, demerger, merger and amalgamation.112. the words 'arrangement' and/or 'compromise' are not defined under the companies act. both the words have their different meaning and purpose. in the present case, there is an arrangement between the demerged company and the resulting company. the said arrangement .....
Tag this Judgment!