Court : Mumbai
..... by both the parties after recording detailed findings which are not perverse and thus cannot be interfered with by this court under section 34 of the arbitration act. 89. the question however that arises for consideration of this court is whether the respondent had proved their entitlement as well as the computation of the ..... the petitioner to the respondent. the arbitral tribunal rejected the plea of the petitioner that article 25 or alternatively article 113 of the schedule of the limitation act, 1963 was applicable to the facts of this case and the claims for interest being an independent claim was rejected. 68. mr.andhyarujina, learned counsel for ..... plant duly certified by the engineer-in-charge. learned counsel also placed reliance on article 25 and alternatively on article 113 of the schedule to the limitation act, 1963 and submits that limitation starts when the notice invoking arbitration agreement dated 22nd march 2006 was received by the petitioner. 25. learned counsel invited my .....
Tag this Judgment!Court : Mumbai
..... by the appellants therein was an aluminium household utensil made of aluminium and aluminium alloys classifiable under entry 5 of the first schedule under the kerala general sales tax act, 1963, or whether the said product would fall under entry 104 which pertained to pressure cooker, cook and serve ware to keep food warm, casseroles, water ..... c-ii-26. (d) being aggrieved by the dismissal of the appeals by the mstt, the applicant preferred two reference applications under section 61 of the bst act inter alia praying to refer the questions mentioned in the said applications for the opinion of this court. it is, in these circumstances, that the mstt partly ..... namely, anodized concave tawa and anodized kadai , the applicant filed two applications both dated 10th october, 1997 ( the ddq applications ) under section 52 of the bst act for determination of the rate of tax in respect of the said products. in the ddq applications, in relation to the products sold under its invoice dated 12th january, .....
Tag this Judgment!Court : Mumbai
..... therefore clearly distinguishable. consideration 9. before proceeding further, it would be necessary to refer to the provisions in contention. section 2(oo)(bb) of the i. d. act and standing order 4c of the model standing orders are reproduced hereinunder: (oo) retrenchment means the termination by the employer of the service of a workman for any reason ..... then also the provisions of the industrial court employment standing orders would be applicable. the learned member observed that the substantive provision as contained in the i. d. act i.e. section 2(oo)(bb) would override the provisions of the industrial court employment standing orders and especially standing order 4c thereof. the learned member of the ..... it was held by the learned single judge that the job of the security guard cannot be said to be of a temporary nature which would end by efflux of time nor could it be said that section 2(oo)(bb) of the i. d. act was attracted. the said judgment was also rendered in the facts which were .....
Tag this Judgment!Court : Mumbai Nagpur
..... an immoral life with keshav kale, rajendra bhakre and gajanan bele, the husband was entitled to a decree of divorce under section 13(1)(i) of the hindu marriage act. 4. the wife filed the written statement and denied each and every adverse allegation made by the husband against her. the wife denied that there was any illicit relationship ..... counsel for the wife, submitted that the family court was not justified in allowing the petition filed by the husband under section 13(1)(i) of the hindu marriage act. it is submitted that the burden to prove that the wife had voluntary sexual intercourse with keshav, rajendra and gajanan was on the husband and the husband is not ..... and has, by a short judgment, which does not carry cogent reasons, granted a decree of divorce in favour of the husband under section 13 (1) (i) of the act. in the circumstances of the case, the family court should have dismissed the petition filed by the husband with costs. 22. hence, for the reasons aforesaid, the family court .....
Tag this Judgment!Court : Mumbai
..... contrary to the terms of the contract. 132. insofar as submission of the learned senior counsel for the petitioner that since no notice under the provisions of interest act, 1978 was issued, no interest for the past period could be awarded by the learned arbitrator is concerned, in my view there is no merit in this submission of ..... evidence and is without application of mind. 42. it is submitted by the learned senior counsel for the petitioner that no notice under the provisions of the interest act, 1978 was issued by the respondent for claiming interest at the rate of 18% p.a. or otherwise. he submits that the maximum rate of interest of the ..... of interest as the learned arbitrator may deem fit, the respondent was not required to issue any notice under the provisions of interest act, 1978. in my view the said provisions of the interest act, 1978 did not apply in view of the self contained provisions empowering the learned arbitrator to award interest from due date till payment. 133. .....
Tag this Judgment!Court : Mumbai
..... presiding officer, school tribunal, mumbai dismissing the appeal filed by the petitioner under section 9 of the maharashtra employees of private schools (condition of service) regulation act, 1977. some of the relevant facts for the purpose of deciding this petition are as under:- 2. it was the case of the petitioner that the ..... employee would be deemed to be on probation within the meaning of section 5(2) of the maharashtra employees of private schools (conditions of service) regulation act, 1977 on the ground that the appointment was made in a clear and permanent vacancy, notwithstanding the fact that the letter of appointment specifically stipulated that the ..... appointment for two consecutive years on temporary basis, it would not amount to permanent appointment treating him probationary as contemplated under section 5(2) of the meps act. 63. the supreme court in case of kalpataru vidya samasthe (supra) has held that if an employee has accepted the terms and conditions recorded in the .....
Tag this Judgment!Court : Mumbai Goa
..... code. (emphasis supplied) 16. it can thus been seen that an illusion of cause of action by camouflaging the fact has to be guarded against and the court would be perfectly within its powers to go through the plaint, and on a meaningful and not formal, reading of ..... the present case, it would be worthwhile to reproduce the averments in paras 27 and 29 of the plaint as under: 27. all acts of the defendants of advising the plaintiff no.1 to go for an urgent open heart surgery, asking her to carry demand draft of rs ..... on 8/10/2010 and the suit having been filed on 5/10/2013 is well within limitation under article 113 of the indian limitation act. the learned counsel was at pains to pint out that order 7 rule 11 speaks of 'disclosure of cause of action' and not ..... writ petitions no.37/2014, 43/2014 and criminal writ petition no.61/2015). in short, it is the case that the act of the petitioner in advising the respondent no.1 to go for an urgent open heart surgery and to carry a demand draft of .....
Tag this Judgment!Court : Mumbai Goa
..... margao in arbitration application no. 1/2007. by the impugned judgment, the learned district judge has dismissed the application, under section 34 of the arbitration and conciliation act, 1996 (the act, for short), filed by the appellant thereby confirming the award dated 31.03.2006 passed by the learned arbitrator. 2. the brief facts are that there ..... arbitrator has further found that initially, there was very good rapport between the parties. the learned arbitrator found that there was a duty cast on the appellant to act as a insured uninsured or the prudent insurer , which primarily means that the appellant had to do all, that which was within his ability to save his ..... the barge to the dry dock with immediate effect. 2. the compensations sought by the respondents towards loss of business is dismissed as the respondents have not acted in the proper manner to pay the claimants in time and take ossession of the barge as agreed upon in the two agreements. the respondents claim for mental .....
Tag this Judgment!Court : Mumbai
..... .1 to 5.4 of the detention including statements of two in-camera witnesses, demonstrates the prejudicial activities of the detenu whereby due to illegal and unauthorized act of the detenu, the water level of river girna was adversely affected resulting into scarcity of drinking and agricultural water reserved in the river girna for the ..... relied upon by the detaining authority do not affect public order, the detention order would be vitiated. in the para 15, it is observed thus: ... the act by itself is not determinate (sic determinant) of its gravity. in its quality it may not differ from another but its potentiality maybe very different. therefore the ..... 3.2016, i once again carefully went through the proposal alongwith documents, i was subjectively satisfied that it was absolutely necessary to detain the detenu under the mpda act, and therefore, i have finalized the grounds of detention and contemporaneously issued order of detention on 16.03.2016. 7. from the fact that the detaining .....
Tag this Judgment!Court : Mumbai
..... consumed further considerable time and the purpose of the appellants would have been succeeded in defeating the intention of the respondent/arcil in proceeding under the sarfaesi act. we, however, grant liberty to the respondent/arcil to take out appropriate proceedings before the appropriate forum, if they are so advised. with these ..... 17/06/2003 directed the bank to handover possession to the appellants herein, after they had taken physical possession under section 13(4) of the said act. however, they were permitted to retain the symbolic possession of the said office premises and the appellants were restrained from creating any third party rights. ( ..... . sathe, limited liberty was granted to apply for the same subsequently after the bank adopted proceedings against the court receiver including the proceedings under the securitization act. he submitted that the bank took out second chamber summons on 11/12/2007, seeking almost similar reliefs. he submitted that by virtue of the impugned .....
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