Court : Mumbai
Reported in : 1988(3)BomCR191
..... among others that the said premises were required by them reasonably and bona fide for use and occupation by smt. manjulaben. the suit was decreed on 31st august, 1978 and the appeal preferred by the tenant was also dismissed on 3rd june, 1981. it is the case of the petitioner that within a short time thereafter he ..... construed accordingly. thus, it is clear that the expression used in section 31 viz. 'prescribed procedure' would be the procedure prescribed by the rules made under the rent act. section 49 confers rule-making power on the state government. in exercising the said power the state government has framed necessary rules. these rules are divided in chapters. here ..... house when the amount or value of the subject-matter does not exceed rs. 3,000/-.'(2) proceedings under chapters vii and viii of the presidency small cause courts act, 1882, and (3) proceedings for execution of any decree or order passed in any such suit or proceeding,the court of small causes, bombay shall follow the .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(4)ALLMR372; 2006(4)BomCR21; [2006(111)FLR253]; 2006(5)MhLj277
..... to which i have already referred, is illegal. 38. the statutory regulation of industrial dispute is comprehensive, as is manifest from the rest of the act. chapter-xiv prohibits strikes and lockouts and makes closure of work by employer in certain circumstances illegal and provides for reference to the industrial court for declaration ..... are being disposed of by this common judgment. introductory facts : 3. the petitioner is a co-operative society duly registered under the maharashtra co-operative societies act, 1960, engaged in the business of banking, having its registered office at solapur. 4. the respondents are the employees of the bank and claimed to ..... employer bank has committed unfair labour practice under item 8 of schedule iv of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971 (mrtu & pulp act for short) by recruiting employees during the period of legal strike. 2. these petitions involve common question of law based on identical facts; .....
Tag this Judgment!Court : Mumbai
Reported in : 1982(2)BomCR235
..... ., : [1981]1scr801 . in the said decisions the supreme court had an occasion to consider the provisions of prize chits and money circulating schemes (banning) act, (43 of 1978). an argument was advanced therein that exemption granted in favour of the government and banking companies etc. is violative of the petitioner's fundamental rights guaranteed under article ..... arbitrary. in this context the supreme court quoted with approval the following observations from the union of india v. m/s. parameshwaran match works etc. : 1978(2)elt436(sc) :'the choice of a date as a basis for classification cannot always be dubbed as arbitrary even if no particular reason is forthcoming for ..... an inquiry into indebtedness among the textile workers in greater bombay in the context of the maharashtra debt relief, act, 1975'. this inquiry was conducted by the ambedkar institute for labour studies in the year 1978 after the decision of the supreme court in fatehchand's case. it is observed in the report that 'it .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)BomCR707
..... appointment of the principal judge of the city civil & sessions court can be made only under section 7(b) of the bombay city civil court act, 1948 ('the act' for short) which provides for appointment of any of the judges in that court to be the principal judge. they are opposing appointment of respondent ..... judge and assistant sessions judge.''309. recruitment and conditions of service of persons serving the union or a state.---subject to the provisions of this constitution, acts of the appropriate legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of ..... court or courts subordinate thereto.'15. thus mr. vahanvati firstly submitted that whereas the rules provided for qualifications, there was no provision corresponding thereto under the act. secondly, mr. vahanvati submitted that all these years, a number of judges have been transferred from the districts to the city civil court by transferring .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)ALLMR737; 2002(2)BomCR379; 2002(1)MhLj699
..... notice at all. we, therefore, agree with the contention of the appellant that, in the absence of the notice contemplated under section 3(1)(b) of the interest act, 1978, neither a court of law nor the arbitrator would have power to award interest for the period prior to the date on which the proceedings were instituted. thus, we ..... the claims were unascertained and had to be adjudged and awarded by the arbitral proceedings. therefore, what is relevant is clause (1)(b) of section 3 of the interest act, 1978. this sub-clause provides that :--'if the proceedings do not relate to any such debt, then, from the date mentioned in this regard in a written notice given by ..... pvt. ltd. and ors. 1996 (2) mh.lj. 971. a similar issue was considered by this court which pointed out that, under section 3 of the interest act, 1978 the court has jurisdiction to grant interest but the jurisdiction is somewhat limited. we are not concerned with section 3(l)(a) which deals with the proceedings relating to a .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(1)BomCR561; (1990)92BOMLR70
..... all these cases the court has a discretion to award either simple interest or compound interest at such rate as the court may consider reasonable. the interest act, 1978, therefore, does not prescribe any absolute prohibition against payment of compound interest. this prohibition is confined only to interest which is payable under section 3.64 ..... is, therefore, necessary to examine the provisions of the interest act, 1978 in this connection.61. the interest act, 1978 defines a 'court' to include an arbitrator also. (see section 2(a)). hence the act applies to arbitrations in india. under section 3 of the interest act, 1978 in any proceedings for the recovery of any debt or damages ..... . the 63rd report on the interest act, 1839 as a result of which the interest act, 1978 was enacted says in chapter vii that cases where on equitable consideration, interest was allowed, should be enacted in the interest .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(1)ALLMR556; 2007(6)BomCR138; (2007)109BOMLR1875
..... ltd. and anr. ms.sethna has also relied upon definitions of the term 'ship'/'vessel' in several statutes including admiralty courts act, 1861, merchant shipping act, 1958, major port trusts act, 1963, indian ports act, 1908, as also the dictionary meaning cited in the judgment of this court pronounced in the case of m.v.saaba (supra ..... they are per incuriam inasmuch as they have been rendered ignoring the provisions regarding admiralty jurisdiction of this court. his submission is that provisions of the act which confer jurisdiction on this court have been ignored so also some authoritative pronouncements, including that of this court. he submits that this court in admiralty ..... include any description of vessel used in navigation not propelled by oars' and the expression vessel has been defined under section 3(55) of the merchant shipping act, 1958 as 'vessel' includes any ship, boat, sailing vessel, or other description of vessel or other description of vessel used in navigation.9. if both .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR802; (2008)110BOMLR2831
..... sub-section (2) carves out an exception in respect of those suits for the recovery of possession or of license fees, rent or charges to which rent act, the other acts enunciated or any other law in the time being in force apply. the provisions of sub-section (1) of section 41 have overriding effect over all the ..... incurred expenses, suffered liabilities to set up a hotel. presumably, if the loan was not forthcoming, the respondent may not have undertaken such a huge project. acting on the promise of the appellant evidenced by documents, the respondent proceeded to suffer further liabilities to implement and execute the project. in the back drop of this ..... of the constitution. by its letter of offer dated july 24, 1978 and the subsequent agreement dated february 1, 1979 the appellant entered into a solemn agreement in performance of its statutory duty to advance the loan of rs. 30 lakhs to the respondent. acting on the solemn undertaking, the respondent proceeded to undertake and execute the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2005Bom1; 2004(4)ALLMR537; 2004(5)BomCR497; 2004(4)CTC572; 2004(3)MhLj1109
..... ), nomadic tribes, other backward classes or special backward category for verification of the caste certificate and to perform the function of scrutiny committee under this act;6. verification of caste certificate by scrutiny committee.-- (1) the government shall constitute by notification in the official gazette, one or more scrutiny committee ..... section 15 provides a bar of jurisdiction of civil courts. it would be advantageous to reproduce some of the relevant provisions of the act.'2. definitions.-- in this act, unless the context otherwise requires, --(f) 'local authority' means in relation to local areas comprised within the jurisdiction of a municipal ..... denotified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category and for matters connected therewith or incidental thereto. the said act was published after having received the assent of the president in the maharashtra government gazette on 23rd may, 2001, the state government issued a .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1994Bom48; 1994(2)BomCR277; (1994)96BOMLR497
..... , the trial court has faltered and the same has to be rectified in this appeal. the learned a.g.p. has drawn our attention to the interest act, 1978 (14/78) which governs the transaction where no interest has been stipulated nor usage has been established in that behalf. as we have observed here before that so ..... the payment of interest by the department to the contractor. obviously, therefore, the claim of the contractor would be governed by this interest act, 1978. in section 3(1)(b) of the interest act, it is provided that in the proceeding for recovery of damages, the court may allow interest to a person entitled to damages at the ..... defendants is that there were signatures of the contractor showing various levels recorded during the inspection. the plaintiff clearly admits that although grievance was simmering right from 1978 and although he was aware that the chief engineer was the competent officer to resolve these disputes he did not write anything to the chief engineer either about .....
Tag this Judgment!