Court : Mumbai
Reported in : 1993(2)BomCR329
..... of preventive injunctions a covenantor and covenantee may occupy the position contemplated by the presumption. section 11 mandates specific performance subject to the exceptions of the act where the act agreed to be done is in the performance, wholly or partly, of a trust. section 14(1)(a) stipulates a non-performance decree where ..... reliance is placed on the proposition that specific performance is not granted, where the grant of relief would give plaintiff an unfair advantage over the defendant : [1978]2scr839 . observation divorced from the context cannot be said to constitute the ratio of a decision. it is alleged that plaintiff is seeking an unfair advantage ..... first defendant that of keeping the same unbuilt upon and provide convenient ingress and egress? 15. (a) does defendant no. 1 establish that it entertained and acted upon a bona fide belief about the height restriction covenant being limited to site under the existing garages? (b) if so, whether enforcement of the height .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)ALLMR198; 2004(2)BomCR158; 2003(4)MhLj974
..... in the govt. medical college, as it then was. the said appointment of the petitioner was ratified by the maharashtra public service commission in march, 1978.3. the petitioner was promoted as a reader in medicine and was posted at nagpur in the year 1981. the post of reader came to be ..... ) qualification obtained by the petitioner from the bombay hospital institute of medical sciences under bombay university is a recognised medical qualification for the purposes of this act?(b) and, whether the petitioner could be appointed as professor in cardiology in view of the requirement of special academic qualifications and teaching/research experience for ..... obtained by the petitioner from the bombay hospital institute of medical sciences under bombay university is not recognised by the council for the purpose of indian council act, 1956 and also he does not possess the requisite teaching experience in the concerned speciality as prescribed by the council in its regulations. hence the petitioner .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(3)ALLMR621; 2003(3)BomCR283; (2003)180CTR(Bom)278; [2003]259ITR295(Bom); 2003(2)MhLj772
..... interest earned on dated government securities are shown as business income and are assessed under the income-tax act, 1961.3. on august 1, 1974, the interest-tax act came into force for the first time. it remained in force up to february 28, 1978. it was revived from july 1, 1980. it continued up to march 31, 1985. thereafter, from april ..... challenging the impugned order of the revisional authority. we are, therefore, required to examine the act in the context of this argument. the act came into force with effect from september 23, 1974. it continued to operate up to march 31, 1978. it was dropped from april 1, 1978, up to june 30, 1980. it was revived from july 1, 1980, up to ..... 1, 1985, up to october 1, 1991, it was withdrawn. however, with effect from october 1, 1991, the act of 1974 was once again revived and it continued up to march .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(2)BomCR260; 2002(1)MhLj288
..... consumption of the original pineapple fruit for the purpose of manufacture and the case does not fall within section 5a(1)(a) of the kerala general sales tax act, 1963. although a degree of processing is involved in preparing pineapple slices from the original fruit, the commodity continues to possess its original identity, notwithstanding the ..... deputy commissioner of sales tax (law), board of revenue (taxes), ernakulam (supra) and alladi venkateswarlu and ors. v. government of andhra pradesh and anr. 1978 (41) s.t.c. 394 rendered by the supreme court and other high courts the word 'manufacture' is defined as appearing in the dictionary. respective sales ..... will not come under the ambit of 'meat'. the process admittedly carried out by the petitioner on meat will definitely come under 'manufacture' as defined under the act. as we pointed out earlier entirely different goods were sold by the petitioner and, therefore, they are not goods that are included in the second schedule. therefore .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(3)BomCR19
..... no. 2 is not a cogent ground to make her a party.'15. a similar view has also been taken in kaka singh v. rohi singh a.i.r. 1978 p&h; 30. my attention was also invited to a ruling reported in smt. kantaben v. parsi dairy farms, : 1985(2)bomcr353 . the facts involved in that ..... would not demand interference with an order passed by the trial court, particularly when there is no question of jurisdictional error. it is true that the trial court acted within the ambit of its jurisdiction and it exercised that jurisdiction which it had under law. the scope and extent of revisional jurisdiction is not necessarily restricted to ..... was going on, the amravati municipal corporation (present non-applicant no. 1) served a notice on the plaintiffs apparently under sections 254 and 255 of the municipal corporation act, directing them to demolish the structure over and above the first floor, because according to them, this structure has been raised without any permission from the municipal corporation. .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(3)BomCR74; 1988MhLJ773
..... : [1983]3scr897 state of u.p. & others v. l.j. johnson and another, : [1971]2scr790 khajamian wakf estates etc. v. the state of madras, : [1978]1scr641 the state of karnataka and another v. ranganatha reddy and another, and : [1980]2scr924 the all saints high school etc. v. the government of andhra pradesh and others etc ..... in these writ petitions rule is made partly absolute. the orders passed by the authorities concerned on applications filed by the petitioners under section 20 of the act, are set aside and the authorities are directed to decide the said applications afresh in accordance with law after giving a reasonable opportunity of being heard to ..... area in question including nashik agglomeration and the lands within the limits of the erstwhile nashik road deolali municipal council. the nashik road deolali municipal council acting as a planning authority under the mrtp act, published a draft development plan for the municipal area on or about 18th july, 1968 earmarking the petitioner's .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3617; (2009)225CTR(Bom)140; [2009]317ITR66(Bom); [2009]184TAXMAN400(Bom)
..... review of almost all decisions bearing on the question of article 14, this court speaking through chandrachud, c.j. in re. special courts bill. 1978 restated the settled propositions which emerged from the judgments of this court undoubtedly insofar as they were relevant to the decision on the points arising for consideration ..... palpable when even in cases where the applicant has paid the additional tax and the interest thereon as required under the amended provisions of the act and has fully co-operated with the settlement commission in ensuring expeditious disposal of its application, the availability of such confidential information to the it ..... ), which prohibited withdrawal of an application once filed before the settlement commission, remained on the statute book despite the amendments introduced by the 2007 act.(e) by finance act, 2008 section 273aa was introduced conferring power on the commissioner to grant immunity from penalty, if the commissioner was satisfied that the person has, .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)ALLMR376; (2000)IIILLJ555Bom
..... and referred to me to the fact that the mill-company was before bifr. he referred me to various provisions of the sick industrial companies (special provisions) act, 1985 and submitted that the requirement of retrenchment was writ large. in his submission, therefore, the workman could not be extended beyond 60 years of age and ..... their mill company had gone to bifr. the petitioners, therefore submitted that in view of the provisions of section 22 of the sick industrial companies (special provisions) act, 1985, all legal proceedings and execution of any order creating monetary liability would stand suspended. they are relied upon the statement of shri haribhau naik, the then ..... from the fact that the objective circumstances must exist, employer must comply with whatever are the necessary statutory requirements like section 25-p of the industrial disputes act, 1947 and thereafter when it comes to actual implementation at that stage a person who has completed the age of 60 years will have to be .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR26; 2006(5)BomCR490; (2007)ILLJ965Bom
..... . gotla : [1985]156itr323(sc) , as also the judgment of the supreme court in the case of bangalore water supply & sewage board v. rajappa, : (1978)illj349sc . it is submitted that in order to find out what is the true meaning of the term 'unprotected worker', this court should look into the report of ..... be made to such funds, (provision for provident fund and rates of contribution being made after taking into consideration the provisions of the employees' provident funds act, 1952, and the scheme framed thereunder with suitable modifications, where necessary, to suit the conditions of work of such registered unprotected workers) and all matters relating ..... was similar to the conditions of unprotected workers in other scheduled employments. the second separate contention was that the scheme travels beyond the scope of the act. that contention was negatived by mr. justice rege. the third separate contention was that khokha industry and timber industry are two different and distinct industries .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)ALLMR601; 2007(2)BomCR147
..... of words 'to appear' and 'to act' separately in b.i.r. act. 8. the b.i.r. act does not compel party to engage an advocate. hence use of these two words i.e. ' to appear' & ' to act' will include all steps or operations comprehended by ' to appear, to act & to plead'. : (1978)illj174sc , santuram khudai v. kimatrai printers ..... people up. hon apex court has also observed that too technical a construction of sections that leaves no room for reasonable elasticity of interpretation should therefore be guarded against (provided always that justice is done to both sides) lest the very means designed for the furtherance of justice be used to frustrate it. in view ..... notice issued to new party or successor of erstwhile employer, the step is not mere appearance and it falls within domain of activities covered by words 'to act'. such 'act' is totally prohibited by anybody else except 'representative of employees'. it is therefore clear that there is no scope for inferring any such permission. the order .....
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