Court : Mumbai
Reported in : 2005(1)ALLMR128; 2005(1)BomCR839; 2005(1)MhLj1097
..... -let to banks, or any public sector undertakings or any corporation established by or under any central or state act or foreign missions, international agencies, multinational companies and private limited companies and public limited companies having a paid up share capital of rupees one crore or more.explanation : (being not relevant for this ..... controller had no jurisdiction to proceed in the matter in view of the amendment to the delhi rent control act. the rent controller dismissed the application but the appellate court allowed the appeal and quashed the eviction proceedings. a second appeal by the landlord was allowed by the high court. that order of ..... let of sublet to any public sector undertakings or any corporations establish by or under any central or state act, or foreign missions, international agencies, multinational companies and private limited companies and public limited companies having a paid up share capital of rupees one crore or more. the effect of repeal of the bombay .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(2)BomCR1; (1992)94BOMLR110
..... act no. 27 of 1985 and secondly by mah. act no. 9 of 1988. sections 69 and 70 were substituted for the original sections 49, 70 and 71 by mah. act no. 27 of 1985. by the very same amendment, section 32-a was substituted and it was made retrospectively applicable from 4th of july, 1980. again, by further maharashtra amendment act no ..... was presented for registration, the authority impounded the deed holding that the appellant-company was formed and in respect of persons who had purchased the flats etc., the real consideration for the assignment was made up partly of what was paid by ..... the sub-lessee assigned the rights of occupation of those flats etc., under various agreements. thereafter, the appellant-company was incorporated and the sub-lessee purported to assign all his rights in the building to the appellant-company. the consideration mentioned in the document was nil and the document bore a stamp of 12 annas. when it .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(5)BomCR780; 2002(4)MhLj499
..... of the hearing of the suit or on or before such other day as the court may fix' occurring in sub-section (3) of section 12 of the act after its amendment by the amendment act 18 of 1987 occurred in clause (b) of the unamended sub-section (3) also. in s. d. chaganlal v. dalichand virchand shroff while dealing with the clauses ..... until judgment there was no need to make a provision to exercise the option on or before the first date of hearing. therefore, that construction must be rejected. the second construction which has been argued is that between the first date of the hearing of the suit and before judgment it is within the discretion of the court to allow ..... can direct payment on such other date as it may fix. what can be extended, therefore, is the date for payment of the arrears along with the interest. the second contention on the words such extended date must be construed based on the construction placed on those words by the apex court in arjun khiamal makhijani (supra). to my mind .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(4)MhLj69
..... of delay in filing an appeal is an independent proceeding from the appeal or restoration application in a suit/appeal.7. section 115 of the code, as amended by civil procedure code (amendment) act, 1976 (no. 104 of 1976), reads as under :--'section 115. revision.-- (1) the high court may call for the record of any case which ..... of supervisory jurisdiction conferred on the high court which has been succinctly set out by a three judge bench in the case of sadhana lodh v. national insurance company ltd. and anr., : [2003]1scr567 in the following words :'7. the supervisory jurisdiction conferred on the high courts under article 227 of the constitution is ..... intent is crystal clear. those orders, which are interim in nature, cannot be the subject matter of revision under section 115. ............'13. now coming to the second issue argued before us by shri patni, it is to be noted that by rejection of the application for condonation of delay, the application filed belatedly for restoration .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(5)BomCR535; 2000BomCR(Cri)535
..... in which the offences are alleged to be committed in the year 1991 i.e. much after the amendment of 1984 order whereby penalty clause 14 was inserted on 14-1-1988 making section 7 of the act applicable. 7. mr. more then lastly contended that the petitioners cannot be prosecuted without the sakhar ..... ) order of 1966 issued by the government of india, the prosecution under section 7 of the essential commodities act were not maintainable as those prosecutions pertained to the offences allegedly committed before the date of amendment of 1988 i.e. in the year 1986 and consequently the complaints were quashed. the ratio of that ..... with the fine. secondly allegations made in the complaint are that the petitioners were responsible for transporting the sugarcane to the karkhana of which the petitioners were office bearers, thus the act of contravention was allegedly committed by the petitioners. reliance on section 10 of the essential commodities act relating to offences by companies, by mr. more .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(3)ALLMR112; 2004(4)MhLj187
..... is owned and vests in the p.w.d. and, as such, is exempted from the provisions of the rent control order by virtue of the amendment introduced in the eviction act by maharashtra act no. 46 of 1976. therefore, this finding is not liable to be disturbed.7. the next contention of the learned counsel for the petitioner is that ..... for the time being in force, in any part of the state --(a) shall not apply to any premises belonging to, or vesting in, any company as defined in section 3 of the companies act, 1956, in which not less than fifty-one per cent of the paid-up share capital is held by the state government, or any corporation (not ..... writ jurisdiction of this court under articles 226 and 227 of the constitution of india, this petition is directed against the order dated 5-9-1991 passed by the learned 2nd additional district judge, amravati, whereby he dismissed the appeal and confirmed the order passed by the resident deputy collector (for short r.d.c.) in eviction proceedings bearing no .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(1)BomCR377; (1994)96BOMLR621
..... premises. they also challenged the jurisdiction of the city civil court at bombay on the ground that since their status had changed by virtue of the amendment of the bombay rent act that the court of small causes at bombay would have exclusive jurisdiction to try any such disputes and that it was wrong to label them as ..... to individuals such a document may be read otherwise, that it is unimaginable for the principle of 'tenant protection' being pleaded and upheld in cases of firms, companies, corporations and the like.12. as regards the aspect of exclusive possession, we need to record that the basic ingredient of a lease as emerges from the provisions ..... this court construed a leave and licence agreement to be one that has, in fact, conferred tenancy. shri shah submitted that the case is virtually per incurium. secondly, the facts are entirely different between what had happened in that situation and the present one. he has drawn our attention to the entire judgment which consists of .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)BomCR779
..... be made after the expiry of three years from the date of the publication of the notification; or(ii) published after the commencement of the land acquisition (amendment) act 1984, shall be made after the expiry of one year from the date of the publication of the notification:[provided further that] no such declaration shall be made ..... unless the compensation to be awarded for such property is to be paid by a company, or wholly or partly out of public revenues or some fund controlled or managed by a local authority.explanation i. - in computing any of the periods ..... would be in jeopardy since, under no circumstance, the enquiry and declaration under section 6 could be done within the limitation prescribed in the first instance and second exercise will be rendered fruitless since by that the limitation prescribed under the proviso would stand expired. the apex court posed to itself a question, whether the .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(2)BomCR801; (2004)187CTR(Bom)162; [2004]265ITR346(Bom)
..... clear that even when a firm is in existence and there is a transfer of capital assets it comes within the expression 'otherwise' as the object of the amending act was to remove the loophole which existed whereby capital gain tax was not chargeable. in our opinion, therefore, when the asset of the partnership is transferred to ..... was section 46(2) and what the apex court was considering there was the distinction between 'transfer of assets' and the distribution of the assets of the company under liquidation. the court also observed that section 46(2) is in terms an independent charging section and also provides for a distinct method of calculating capital gains ..... that even after introduction of section 45(4), the position will be the same as the definition clause, i.e., namely, section 2(47), has not been amended. secondly, it is contended that the expression 'otherwise' must be read ejusdem generis with the expression dissolution of firm. so considered, there is no dissolution on the facts .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(2)BomCR289; [2000(86)FLR491]; (2000)IILLJ561Bom
..... decision in the case of mukhtyar ahmed's case (supra) will not lay down the correct law. as per the views expressed in the case of consolidated pneumatic tool company (supra), we answer the reference accordingly. ordinarily we would have sent the matter back to the learned single judge to take a decision. however, in view of the ..... s case (supra) the learned judges of the division bench have segmented the proceedings in the four stages, the first as such is, the presentation of the matter, second is the entertaining, third is the trial and fourth is the decision.9. about these four stages, under the existing system in this country, both as to the ..... noted above, in the instant case, that matter, unless allowed to be raised before the industrial court under the said act, cannot be said to be brought before the industrial court seeking to remedy the grievance, as the amendment itself was disallowed. obviously, therefore, it was not possible to say that the remedy was resorted to.18. going back .....
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