Court : Mumbai
Decided on : Mar-07-1990
Reported in : AIR1990Bom299
..... of that section. mr. nain further submitted that by virtue of section 7 of the act even the jurisdiction exercisable by a magistrate of first class under chapter ix of the criminal procedure code has been conferred upon the family court and there can be no ..... clothed it with exclusive jurisdiction in that respect.43. drawing parallel from definitions contained in the hindu marriage act, com-panies act and bombay public trusts act the learned counsel submitted that since the jurisdiction of the high court has not been saved by any express ..... or proceeding of the nature referred to in the explanation to sub-sec.(1)of section 7 and every proceeding under chapter ix of the code of criminal procedure, 1973 (2 of 1974),-- (i) which is pending immediately before the establishment of such family court before any ..... point in the negative.71. the suits and petitions (mentioned in the title of this judgment) are consequently adjourned for hearing to determine whether these fall under any of the clauses (a) to (g) of explanation to section 7 and are required to be transferred to the family court under section 8 of the act ..... act, 1984, for the area of the municipal corporation of greater bombay (vide maharashtra government gazette dated 20-4-1989, part 4-b, pp. 498-505 and dated 23-11-1989 part 4-a, p. 1444) in respect of matters indicated in paragraph 68 above, and that, to that extent the jurisdiction of high court stands excluded. i therefore answer the preliminary .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-21-1990
Reported in : AIR1992SC604; 1992CriLJ527; JT1990(4)SC650; 1990(2)SCALE1066; 1992Supp(1)SCC335; [1990]Supp3SCR259
..... in the codes of 1882 and 1898 which word is now used in sections 154, 155, 157 and 190(c) of the present code of 1973(act ii of 1974). an overall reading of all the codes makes it clear that the condition which is sine-qua-non for recording a first information ..... upon the facts and circumstances of each particular case.105. in the backdrop of the interpretation of the various relevant provisions of the code under chapter xiv and of the principles of law enunciated by this court in a series of decisions relating to the exercise of the extra-ordinary power ..... then was) has expressed his opinion stating:in the absence of any prohibition in the code, express or implied, i am of opinion that it is open to a police officer to make preliminary enquiries before registering an offence and making a full scale investigation into it. 82. we are in agreement with the ..... bounds as aforementioned. indeed, a noticeable feature of the scheme under chapter xiv of the code is that a magistrate is kept in the picture at all stages of the police investigation but he is not authorised ..... that field are unfettered so long as the power to investigate into the cognizable offences is legitimately exercised in strict compliance with the provisions falling under chapter xii of the code and the courts are not justified in obliterating the track of investigation when the investigating agencies are well within their legal .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-13-1990
Reported in : 1991(1)BomCR447
..... fully justified. however, they also pleaded that this is a dispute, which should be referred to the arbitrator under section 7-b of the act and accordingly, the suit should be stayed. the court was pleased to framed preliminary issue at ex. 41, but on consideration on the claims on merit of both the parties, the court found that looking to the ..... that dispute or generally for the determination of disputes under this section.' sub-section (2) of section 7-b provides that :'the award of the arbitrator appointed under sub-section (1) shall be conclusive between the parties to the dispute and shall not be questioned in any court.' 6. the learned advocate for the petitioner has urged that this is a ..... of the amount of bill related to the user of the apparatus and hence, the court held that such dispute had to be referred to the arbitration. similarly, in a.i.r. 1982 delhi 111, in the case of union of india v. m/s. usha spinning and weaving mills ltd., the dispute related to excessive billing and the court observed ..... even for personal needs. such an action on the part of the department had violated the provisions of section 7-b of the act and the court thus refused to refer the matter to arbitration.12. similarly, in a.i.r. 1970 in the case of raghubar dayal kanodia v. union of india, the court found that the allegation related to the .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-11-1990
Reported in : 1991(1)BomCR245
..... left that both the issues should be tried as preliminary issues alongwith the prayer for ad-interim injunction and accordingly dismissed the suit which order was confirmed in appeal.5. the learned trial judge ..... these grounds the defendants prayed for the dismissal of the suit.4. it seems that defendants filed an application exhibit-31 for raising two preliminary issues namely issue of res-judicata and issue of limitation. the plaintiffs filed their say at exhibit-37 objecting to the prayer but the court ..... a sale transaction by faiz mohammad and his sons mukhtyar ahmed, mohammad yusuf and lal mohammad who was then minor for whom defendant jannatbi acted as guardian in favour of gulabchand ghisulal marwadi. the learned advocate for the appellants has rightly suggested that had jannatbi been the real owner ..... operate as res-judicata because under rent act what is prohibited is contracting out to the detriment of the purpose of the act'. in the present set of facts what is being challenged is the consent decree wherein there is no pleading that defendant no. 1 is a pardanashin lady, that the transactions ..... j.1. in an unusual appeal seeking only remand of the suit no. 240 of 1985, the appellant-plaintiffs who have lost in both the courts below, have very vehemently contended that both the courts below committed virtually a blunder in deciding the suit and the appeal only on the preliminary questions .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-27-1990
Reported in : 1991CriLJ2766
..... , is the general control, superintendence and guidance in matters of day to day administration which includes requisition of the textile units or undertakings. it is necessary to clarify that the act of nationalisation of the mills, though contemplated, has so far not taken place and, therefore, we are still in the position as if obtained as on 18-3-1983; while only ..... -marks which, the national textile corporation contends, have vested exclusively in them. 6. at the commencement of the hearing, mr. thakore, learned counsel appearing on behalf of respondent no. 1, raised two preliminary objections before me with regard to the maintainability of the present petitions. mr. thakore contended that, in the first instance, it is not open to the petitioners to invoke ..... to which the registration of the trade-mark is subject. 13. mr. chitnis has also relied on s. 2(v) of the act, which defines the term 'trade mark' as follows:-- '(v) 'trade mark' means - (i) in relation to chapter x (other than s. 81) a registered trade mark or a mark used in relation to goods for the purpose of indicating or ..... order1. these two criminal writ petitions filed under art. 227 of the constitution of india and s. 482 of the code of criminal procedure, 1973 can be disposed of through a common judgment. the petitions are substantially between the same parties and the points of law and the facts that are involved are also common. .....
Tag this Judgment!Court : Delhi
Decided on : Oct-12-1990
Reported in : [1991]71CompCas669(Delhi)
..... if a case is actually initiated, only the court before which the complaint or trial is going on can grant relief. the preliminary objection has, thereforee, to be accepted.'15. i am in respectful agreement with the view expressed above.16. it may, however, be noted that in sri krishna parshad [1978] ..... said period, the day from which such period is to be computed shall be excluded.473. notwithstanding anything contained in the foregoing provisions of this chapter, any court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the ..... directors was appointed by the court to supervise the affairs of the company and make payment to the creditors.4. in c. a. no. 516 of 1973, vide order dated february 7, 1974, the court superseded the previous board of directors, as was appointed under the scheme, and in its place, appointed ..... be relieved of the alleged liabilities and defaults for which the prosecutions have been launched against him under sections 159, 210 and 220 of the act.34. under the facts and circumstances of the case, the petitioner is hereby relieved from the aforesaid liabilities/defaults for which the complaints have ..... .22. in the present case, the period of limitation for filing the complaints for the offences/defaults under sections 159, 210 and 220 of the act is six months because, under section 467of the criminal procedure code, these offences are punishable with fine only.23. sections 467, 468, 469 and 473 of .....
Tag this Judgment!Court : Delhi
Decided on : May-16-1990
Reported in : 1991CriLJ669; 42(1990)DLT186; 1990(19)DRJ121
..... the calls made to v.k. jain were in connection with the matters relating to 'averilla' and 'ohdai' ships. he also mentioned that during preliminary discussions held with peter teh during april 1979 he indicated his willingness to arrange scuttling of the ships as desired by v.k. jain and his associates ..... have been framed on the basis of the said statements. section 161 of the code only lays down that any police officer making any investigation under this chapter, ..may examine orally any person supposed to be acquainted with the facts and circumstances of the case. it is true that under section 160 of ..... at singapore could not have been taken note of by the metropolitan magistrate for framing the charge. he has argued that the code of criminal procedure, 1973, applies only in regard to the statements recorded by .the police under section 161 of the code in india. he has urged that under section ..... is not possible to even prima facie come to the conclusion that he has become member of the conspiracy and had done any illegal acts in pursuance to the conspiracy. i agree with the reasons given by the metropolitan magistrate in coming to the conclusion that no casein made out against his accused k.l. ..... criminal conspiracy as a substantive offence which offence postulates an agreement between two or more persons to do or cause to be done an illegal act or an act which is not illegal by illegal means and the same differs from other offences, in that mere agreement is made an offence even if .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-14-1990
Reported in : (1990)1CALLT373(HC)
..... 'there cannot be any quarrel with the proposition but the sub-section is not wide enough to cover criminal prosecutions commenced under the acts other than the companies act. accordingly, the preliminary objection raised on behalf of the respondents that the petitioners cannot be relieved of civil and criminal liabilities arising out of violation of the ..... was taken for early hearing of the appeal. the paper book has not been filed by r.p.f.c. the matter appeared in list under chapter xxxi rule 22 as explained above.63. having regard to the passage of time we also wanted to ascertain; the present position so far as the ..... r.p.f.c. did not pursue the matter diligently and their appeal was going to be dismissed for non-filing of the paper book under chapter xxxi rule 22 of our rules, had it not been for this court stepping in remedying such defect.59. there is another aspect of the matter. ..... commissioner under such circumstances particularly having regard to the facts stated in the stay petition in the appeal and the affidavit affirmed thereafter in the proceedings under chapter xxxi rule 22 as stated above. according to the same, if the company was allowed to pay off dues at the rate of rs. 50, ..... 14aa, 14ab and 14ac were inserted by act 40 of 1973 act 37 of 1953. section 14-b was inserted by act 37 of 1953. section 14a was inserted by amending act 37 of 1953; section 14(1-a) was inserted by amending act 40 of 1973; section 14(1-b) was inserted by amending act 99 of 1976. sub-section (2) .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-13-1990
Reported in : AIR1991SC1020; (1991)1MLJ46(SC); (1991)1SCC412; [1990]Supp2SCR663; 1991(1)LC203(SC)
..... and to take the value thereof without dissolving the firm. one of the issues raised was the maintainability of the suit which was tried as a preliminary issue. only partnership deeds ex. b1 and b2 were marked and arguments were addressed on the issue. the trial court held that the partnership is ..... notice of dissolution was not issued in good faith and that it was not an opportune moment.5. article 1865 in chapter iv of the french civil code postulates that a partnership ends (1) by the expiration of the time for which the partnership was made; (2) by the destruction of the subject ..... appellants and the respondent continued the business in terms of ex. b2. when misunderstanding between the parties had arisen, as pleaded by the respondent, in 1973 and in may, 1978, the respondent laid the suit for dissolution of the partnership and for accounting etc. it is the respondent's case that the ..... it as a partnership at will, and the directors of the mill in their turn terminated the managing agency on the ground that the partners were acting detrimental to the good management of the mills. the accounts were to be settled once in every year. in case of either partner relinquishing his ..... partnership to anyone, without the assent of other partners'. the other clauses are not relevant for consideration and hence omitted.11. section 7 of the act deals with partnership at will, which reads thus:where no provision is made by contract between the partners for the duration of their partnership, or for .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-25-1990
Reported in : (1992)ILLJ672Bom
..... whether the workman had abandoned the job and that award should be set aside only on the ground that reference was bad. high court accepted the preliminary objection raised for the first time before it and held : (1985)illj480bom : 'the tribunal could not travel beyond the reference and decide the ..... and in making reference the deputy commissioner of labour had lost light of the defence of the employer.4. the labour court upheld the preliminary objection raised by employer that the reference was vitiated due to non-application of mind by the deputy-commissioner since it does not refer to ..... and the matter was fixed for evidence. on october 9, 1985, the respondent no. 2 filed an application raising for the first time a preliminary objection to the reference on the ground that it was untenable in law and prayed for its summary disposal on that ground alone. respondent no. ..... of this court in the case of sitaram vishnu shirodkar v. the administrator, government of goa : (1985)illj480bom .5. section 10(1)(c) of the i.d. act empowers the appropriate government to refer the existing or apprehended industrial dispute or any matter appearing to be connected or relevant to the dispute ..... relating to any item specified in the second schedule to a labour court for adjudication. section 2(k) of the i.d. act defined the term 'industrial dispute'. any dispute or difference between the employer and individual workman connected with or arising out of discharge, dismissal, .....
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