Court : Mumbai
Reported in : AIR2002Bom517; (2002)4BOMLR785; 2002(4)MhLj584
..... of justice, 26. assuming that the admiralty powers of the high courts in india are limited to what had been derived from the colonial courts of admiralty act. 1890. that act, having equated certain indian high courts to the high court of england in regard to admiralty jurisdiction, must be considered to have conferred on the former ..... purpose of insuring payment of the judgment of some other court or for the purpose of insuring payment of the award of an arbitration tribunal'.subsequently in rena k. (1978) 1 l r 545 (adm. ct), mr. justice brandon (at pages 554-555 paraphrased his reasoning in the cap bon by saying it was based on two ..... admiralty jurisdiction of the english high courts expanded with the progress of legislation, and with the repeal of the earlier statutes, including in substance the admiralty courts acts of 1840 and 1861, it would have been reasonable and rational to attribute to the indian high courts a corresponding growth and expansion of admiralty jurisdiction during the .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(3)BomCR210; (1999)IIILLJ312Bom
..... the first petitioner-company, which is the 'employer' within the meaning of the terms as used under the provisions of the employees' provident funds and miscellaneous provisions act, 1952, and the scheme thereunder. however, it would be relevant, in this connection, to examine the second contention of shri bhogani with regard to limitation.24. ..... to ensure that, at all given times, there is readily available a person or persons who is/ are directly responsible for implementation of the provisions of the act in the establishment and, conversely, answerable for breach of the provisions thereof. in the face of these provisions, it would be futile to vaguely aver in ..... or managing agent; such manager, managing director or managing agent;' since the establishment concerned is a textile mill, a factory to which the provisions of the factories act, 1948, would apply, only clause (i) of section 2(e) would be relevant for our purpose. reading the aforesaid provision, it is clear that the obligation .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(3)BomCR322; (1992)94BOMLR562
..... obtained from the commissioner such further detailed information, if any, as they shall think fit to require, and having regard to all the requirements of this act, shall frame therefrom subject to such modifications and additions therein or thereto as they shall think fit, two budget estimates. section 128 provides that, the ..... prohibited in public interest because they are noxious or dangerous. towards these ends, licences and fees for services, if any, rendered may be prescribed. the madras act, like other similar statutes, embraces both types of activities in a systematized way. thus taxation and finance are covered by par iii while public health - safety ..... state of punjab and others, reported in : [1979]3scr1217 , while dealing with punjab agricultural produce market (general) rules (1962) enacted under punjab agricultural produce markets act, 1961, it was observed as follows :--'from clause (2) of article 110 and clause (2) of article 199 of the constitution it is clear that the .....
Tag this Judgment!Court : Mumbai
Reported in : 1984(3)ECC263; 1984(18)ELT172(Bom)
..... which would be required in anticipation of the supreme court decision. the petitioners did produce in the course of hearing several letters written to them in 1978 and 1979 by their wholesale dealers outside bombay complaining of the damage caused to the refrigerators in the course of transport because of the packing provided by ..... of the special secondary packing. in other words, the price list did not cover the charge for secondary packing. by an order dated 12th january 1978 the assistant collector of central excise rejected the petitioners' claim for exclusion of the value of the secondary packing from the assessable value of the refrigerators under ..... section 4. the petitioners filed an appeal dated 11th april 1978 before the appellate collector, central excise under section 35 of the said act. by his order dated 28th october 1980 the appellate collector upheld the submissions made on behalf of the petitioners. he .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(3)BomCR388; (1988)90BOMLR403
..... claim of tenancy in respect of the suit premises under section 5(11)(c) as it stood after amendment of rent act in 1978, by effectively impleading all the necessary parties in that suit. but it is an admitted fact that no such suit ..... he plays a fraud upon the law but also upon the court. this is the thing which the law wants to guard against and the entire rationale of section 17 is the incorporation of this principle. section 17 requires the landlord to use ..... also asked for injunction against the execution of the decree.the said suit was dismissed by the small causes court on 5th december, 1978. as could be readily expected, she filed an appeal against the decree of dismissal. in the meantime, the original landlady, radhabai ..... by the supervening rent control legislation. as stated above, there is no comparison between a statutory protection and incidence of acts of parties. a statute has always the over-riding effect and particularly so if is a welfare legislation.then certain authorities .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(3)BomCR521
..... , pune, on 16th january, 1985 whereby he dismissed the appeal preferred against the judgment and decree dated 20th september, 1982 in civil suit no. 2996 of 1978 passed by the learned vth additional judge, small cause court, pune, whereby he ad decreed the respondent no. 1-plaintiff's suit for eviction and arrears of ..... parties. on those findings the learned trial judge held that the respondent-plaintiff was not entitled to the protection under section 15-a of the bombay rent act. the trial court dismissed the plaintiff's declaratory suit and granted the ejectment application of the appellants defendants. in an appeal preferred by the respondent-plaintiff, ..... shah. he has also reached the conclusion that greater hardship would be caused by refusing the eviction decree than by granting it. the appellate court has acted with its authority and has taken all the relevant factors into consideration and as such this court while exercising jurisdiction under article 227 of the constitution cannot .....
Tag this Judgment!Court : Mumbai
Reported in : 2003ACJ1458; 2003(1)MhLj68
..... appeal nos. 153 and 156 of 1984 can be disposed of by the common judgment as this relates to the accident which took place on 14-11-1978. the facts involved in these appeals are very short and they can be stated in brief :an ambassador car bearing registration no. mrh 9829 belonging to ..... which has no correlation to thecompensation computed as against the tortfeasor for his negligence onaccount of the accident. as aforesaid, the amount receivable ascompensation under the act is on account of the injury or death withoutmaking any contribution towards it, then how can the fruits of an amountreceived through contributions of the insured ..... and ors. v. maharashtra state road transport corporation and anr.. the apex court after considering the provisions of the different statute such as fatal accident act, 1855, motor vehicles act, 1939 and motor vehicles act, 1988 has not approved the view taken by the division bench of jaikumar's case (supra) reported in : air1978bom239 . the apex court observed .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1961Bom48; (1960)62BOMLR634; 1961CriLJ229
..... )iillj259sc :'now, it is no doubt true that the evidence of the respondent and his witnesses was not taken in the mode prescribed in the evidence act; but that act has no application to enquiries conducted by tribunals, even though they may be judicial in character. the law requires that such tribunals should observe rules of natural ..... the report had been afforded to the petitioner'. in dealing with the matter, sinha, j. observes as follows at page 236 :'thus the motor vehicles act and the rules framed thereunder with particular reference to the regional transport authority and the appellate authority do not contemplate anything like a regular hearing in a court ..... by the collector of central excise, bombay, to show cause why the aforesaid gold bullion should not b confiscated under section 167 (8) of the sea customs act. on 26th, november 1957 the petitioners' attorneys requested the collector of central excise, bombay, to furnish to them certified copies of tho statements of witnesses which .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(1)BomCR479; (1990)92BOMLR133
..... on 7th march, 1978 by chandurkar, j., who had taken the same view as the one taken by sapre, j., and had based his judgment essentially on the view that clause (i) of ..... is a similarity of expressions relating to the requirements of the landlord in the two clauses, viz clause (g) and clause (i) of section 13(1) of the bombay rent act. the second judgment pointed out by jahagirdar, j. was in rukminibai ramvilas lahoti & others v. dhanpal baburao havale & another, (special civil application no. 2659 of 1973 decided ..... was urged on behalf of the plaintiffs in the appeal court that the case of the plaintiffs should be considered under section 13(1)(g) of the bombay rent act inasmuch as the plaintiff had led evidence to the effect that a new building to be constructed was required for three purposes, i.e. residence of the family members .....
Tag this Judgment!Court : Mumbai
Reported in : [1984]56CompCas229(Bom)
..... prior to the winding-up of the company, the landlord of the said building, m/s. janata industries , filed a r.a.e. suit no. 1527/57664 of 1978, against the company for ejectment. on the winding-up of the company, the suit was continued by the landlords after obtaining leave of this court under s. 446 of the ..... resubmitted report, the question that arose for consideration was whether the landlord could execute the decree without the leave of the court as required by s. 537 of the companies act, 1956. the said report was adjourned on the application of shri k.dalpatria, the learned advocate appearing on behalf of the petitioning creditor, for tow weeks. in the ..... of decrees, without obtaining leave of the court under s. 537 or other relevant provisions in that behalf. in another application for leave under s. 537 of the companies act, 1956, it appears that out of the seven petitioners six of them were permitted to take out execution proceedings and to attach the land. pursuant thereto, the land .....
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