Court : Mumbai
Reported in : 2009ACJ585; 2008(6)MhLj941
..... the tribunal had relied upon an earlier opinion expressed by dua, j. that section 110c of the m.v. act by no means clothed the tribunal with all the characteristics of a civil court. but in darshana devi's case air 1978 punj and har 265, koshal, c.j. did not subscribe to the earlier view of dua, j. but ..... may bring to the notice of the court any matter which invites the attention of the court for taking any action under the provisions of the contempt of courts act. once such act is done, the matter squarely falls in the exclusive domain of the court of competent jurisdiction, as the purpose of contempt jurisdiction is primarily to ensure enforcement of ..... the learned single judge dated 13th february 1992, held that the letters patent appeal would be maintainable as it was filed prior to coming into force of the amending act of 2002 act. the supreme court also noticed the judgments in the case of kamal kumar dutta (supra) and subal paul (supra). the main contention in these cases was with .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(2)ALLMR755; 1998(5)BomCR312; 1998(1)MhLj751
..... and/or in the said non-anchoring zone.3. on 18th and 19th june, 1996, the cables were broken causing disturbance in the communication. the plaintiffs contacted the coast guard authority to investigate into the matter. the services of surveyor m/s. ericson richards were also taken and the investigation revealed and clearly indicated that the vessel m.v ..... of sub-division thereof, it is more accurate to regard it as a source of english law. some rules of english law, such as those concerning state immunity act, 1978, have been consciously derived from what were regarded as rules and principles of international law and have been modelled upon them. that is to say that the english ..... the sea as recognized in england arrest of any property was permissible. (banco)0, 1971 (1) l.l.r. 49 per lord denning and rasu maritima s.a., 1978 (1) w.l.r. 657 (per lord denning) show that admiralty court could arrest any property within its jurisdiction. shri kotwal relied upon the following observations of lord .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1996Bom204; II(1996)DMC339
..... and figures 'is required under section 5', the words, figures and brackets 'was required under section 5 as it stood immediately before the commencement of the child marriage restraint (amendment) act, 1978' shall be substituted, (4) in section 18, (i) for the brackets, letters and word '(v) and (vi),' the word, brackets and letter 'and (v)' shall be ..... iii) the bridegroom has completed the age of eighteen years and the bride the age of fifteen years at the time of the marriage;.....' by virtue of the amending act 2 of 1978, the age of the bridegroom was to be twenty-one years and that of the bride to be eighteen years.20. for the muslims, mr. asaf a. ..... male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age. 'section 6 of the said amending act 2 of 1978 further provides for the amendments of certain enactments and recites that _the enactments specified in the schedule are hereby amended in the manner mentioned therein. in the schedule .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR366; 2009(1)BomCR179
..... high court in the case of (gulabsingh dipa chavan and ors. v. joint charity commissioner) being special civil application no. 1912 of 1976 decided on 18th december, 1978. this very contention was raised even in that case which has however been negatived by the division bench. it will be apposite to reproduce the relevant extract of ..... to the trust without prior approval of the administrators appointed by the apex court is completely opposed to the scheme of not only section 41-d of the act but to the cardinal principle of conducting the affairs of the trust which necessarily is the prerogative of the trustees themselves. it was argued that the court ..... respondent no. 1, the entire grievance of the petitioners in the present petition is one of non compliance of principles of natural justice and that the authority has acted contrary to the legal requirement which grounds are ascribable to article 226 of the constitution of india. in such a situation, the petition would necessarily lie on the .....
Tag this Judgment!Court : Mumbai
Reported in : (2001)1BOMLR235; [2001(88)FLR692]; (2001)ILLJ1423Bom; 2001(2)MhLj169
..... was issued by the additional labour commissioner to recover the wages due to the workmen as arrears of land revenue under the up industrial peace (timely payment of wages) act. 1978. in holding that section 22 would not come in the way of the action for recovering the wages of the workmen, the learned judge held as follows : -'in ..... run without workers, the workers also cannot expert to work without payment of their wages. the timely payment of the wages for which the provisions of the act of 1978 have been enacted would thus be a step helping rehabilitation and it cannot be said that it creates an obstacle in fulfilling the object which the ..... act of 1985 has been enacted. both the acts are thus complimentary to each other. section 22 cannot thus affect the proceedings taken under section 3 of the act of 1978 for compelling petitioner to make payment of the wages already accrued to the workers .....'indeed .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR31
..... b and p 538 e to g, post).thereafter my attention was drawn to the judgment of the learned single judge in the very same matter reported in 1978 1 all e r 1065 where also the learned judge has at length dwelt with the said issue in which it has been held as under:-' the practice ..... aforesaid contention does not advance the case of the defendant no. 3 because firstly admittedly both are corporate entities separate in its existence. the provisions of the companies act deals with the corporate legal entity independently and merely because of the common directors and cross holding of some of the shareholders liabilities of each of the said ..... the english courts of admiralty jurisdiction because of the provisions of law which are being applicable to the indian courts right upto the supreme court of judicature (consolidation) act, 1925 and the convention of bruseel is applicable to the indian courts because indian law of admiralty jurisdiction is governed by the said statute.23. in light of .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(3)BomCR258
..... no. 260, situated at umapur. bhagwanrao contends that he is a tenant in possession in respect the suit field by virtue of a batai-patrak, dated 8-5-1978, executed by defendant no. 1 - ganpatrao in his favour. the defendant s disputed plaintiff's possession over the suit field, much-less by virtue of the ..... , civil court cannot arrogate to itself jurisdiction which is statutorily ousted. according to the learned judge, this unassailable legal position emerges from the relevant provisions of the tenancy act. in maruti's case (supra), there was no reference to the judgment of the supreme court in gundaji v. ramchandra : [1979]2scr586 17. the aforesaid decision ..... conclusion that the plaintiff was a tenant. the order of the revenue tribunal was challenged in a writ petition under article 227 of the constitution of india. the acting chief justice, shri chandurkar (as he then was), found that the reference itself was misconceived and that the entire proceedings, including the orders passed by the .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)ALD(Cri)45; 2005(2)ALLMR581; III(2005)BC500; 2005CriLJ1201
..... the registrar general to appoint following judicial officers in various cities of maharashtra to deal with cases under section 138 of the act exclusively:--------------------------------------------sr. no. district no. of officers--------------------------------------------1 mumbai 152 pune 123 nagpur 44 ahmednagar 25 aurangabad 16 nashik 27 kolhapur ..... development corporation ltd. v. indian technologist and engineers, : 1996crilj1692 , have observed that the object of bringing section 138 of the act on the statute appears to be to inculcate faith in the efficacy of the banking operations and credibility in transacting business on negotiable ..... complaints are pending as on 31st december, 2004.25. details of complaints pending in maharashtra and goa under section 138 of the act as on 31st december, 2004 are as follows:--------------------------------------------sr. no. district pendency--------------------------------------------1 ahmednagar 170412 akola 76273 amravati 49714 aurangabad 117925 .....
Tag this Judgment!Court : Mumbai
Reported in : I(1995)ACC688; 1995(1)BomCR435
..... .3. the relevant facts having bearing on the subject-matter of these two cross-appeals are briefly summarised hereinafter.(a) on or about 11th april, 1978, the concerned inspector of the employees state insurance corporation visited the factory of the employer and noted down the aggregate amounts of expenditure incurred by the ..... supreme court held that the work of construction of additional building for extension of the factory was the work connected with the factory covered under the act and the principal employer was liable to pay contribution in respect of the employers engaged by contractor for construction of additional factory building or expansion thereof ..... ltd. the employer herein. the employer disputed the claim of the corporation and filed the aforesaid application in the trial court invoking section 75 of the act. the trial court accepted the claim of the corporation in respect of the amount of contribution pertaining to the aggregate debits in the accounts of the employer .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(2)BomCR283; (1990)92BOMLR596
..... revised rent and additional proportionate deposits therefore.'in regard to the legal position, the consultants agreed that all the leases were governed by the transfer of property act, 1882 (tp act). however, the leases entered into by the bpt in the earlier years had turned out to be not beneficial to the lessor because they contained certain ..... much of an income as it should. therefore, it inserted an advertisement which was published in various newspapers including the times of india issue dated 30th august, 1978. the advertisement invited proposals from consultancy firms/practising valuers to undertake an exercise to ascertain the market value of lands of the entire bpt, including land in ..... . from time to time there have been increases in the rent payable by the petitioners. affairs of the bpt are regulated by the major port trust act, 1963 (mpt act). the bpt's real estate, including structures, covers an area of about 720 hectares. the land owned by the bpt ranges from colaba to ravli .....
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