Judgment Search Results Home > Cases Phrase: copyright act 1957 chapter i preliminary Court: mumbai Page 11 of about 288 results (0.053 seconds)

State of Maharashtra Vs. Kusum Charudutt Bharma Upadhye

Court : Mumbai

Reported in : (1981)83BOMLR75; 1981MhLJ93

..... a of the first schedule'. the words 'in part a of the first schedule' were omitted by the constitution (seventh amendment) act, 1956. chapter i of that part is general and defines the expression! 'state'. chapter ii deals with the executive; chapt. iii with the state legislature; and chap. iv with the legislative power of the governor, while ..... these powers. what has been overlooked is that an appeal is a continuance of the original proceeding and not a separate proceeding. in garikapati v. subbiah choudhry : [1957]1scr488 , the supreme court held that: the legal pursuit of a remedy, suit, appeal and second appeal are really but steps in a series of proceedings all connected ..... the rules and forms of the bombay high court on the original side in its several jurisdictions, 1957, the position under the relevant rule of the 1957 rules, namely, r. 623, remained the same. the 1957 rules were substituted in 1980 by the rules and forms of the high court of judicature at bombay on the original side, .....

Zoolfiqar Ali Currimbhoy Ebrahim Vs. the Official Trustee of Maharasht ...

Court : Mumbai

Reported in : (1967)69BOMLR326; 1967MhLJ694

..... reverting to the estate of the first baronet. as already stated, such positive provisions were made in two other repealing acts-the sir chinubhai madhavlal ranchhodlal baronetcy (repealing) act, 1956, (act i of 1957), and the sir sassoon jacob david baronetcy (repealing) act, 1957 (act xxxvi of 1957). the fact that the legislature could have made such a provision in the present ease-a provision by which the ..... section only refers to a particular case under particular circumstances and it cannot displace the application of the doctrine governing the intention contrary to a resulting trust. the chapter in which it occurs, viz. chapter ix, itself says that it deals with the subject 'of certain obligations in the nature of trusts' and does not deal exhaustively with each variety of obligation .....

Balukishan A. Devidaval Vs. the State of Maharashtra

Court : Mumbai

Reported in : 1975CriLJ1891

..... mr. porus mehta. he submitted that the word 'enquiry' in section 8 of the r. p. u. p. act cannot be equated with investigation under chapter xiy of the code of criminal procedure having regard to the provisions of the r. p. f. act. 1957 which require the railway protection force officers making arrests to hand over the persons arrested to the police officers ..... .18. he argued that the word used in section 8 of the r. p. u. p. act was 'enquiry' : and having regard to the general scheme and the provisions contained in r. p. u. p. act and the act. 1957, it was in substance an investigation under chapter 14 of the criminal procedure code and it would be jeopardising the liberties of citizens if the statements recorded .....

Kailaschand Khusalchand Bakliwal Vs. the State of Maharashtra

Court : Mumbai

Reported in : (1977)79BOMLR449

..... , custom, contract or decree of court to the contrary, all debts payable by an agriculturist at the commencement of this act, shall be scaled down in accordance with the provisions of this chapter.the object of the act as mentioned in the preamble was to provide for relief for indebted agriculturists. the word1 'debt* was defined as meaning ..... is expressly made 'subject to the provisions of this constitution.' that power is, therefore, subject to the provisions of part iii of the constitution which is a chapter dealing with fundamental rights. under the provisions of article 358 it is expressly provided that the bar put by article 245(1) against the legislature not to make ..... 64. mr. mehta, learned counsel appearing on behalf of some of the petitioners has referred us to a decision of this court in municipality of chopda v. motilal (1957) 60bom. l.r. 48, that decision was dealing with the power of a municipal committee to levy tax on professions, trade or calling self-contemplated by article .....

Commander Ranvir Kumar Sinha Vs. the Union of India and Others

Court : Mumbai

Reported in : 1991(2)BomCR28; 1991CriLJ1729

..... complaining of the alleged irregularities committed in the conduct of proceedings before the boi. this representation, purporting to be under section 23 of the navy act, 1957 (the act), was rejected by the flag officer commanding-in-chief, eastern command, on 21st october 1987. a further representation was made by the petitioner repeating the ..... to the central government for its consideration if the complainant is not satisfied with the decision on his complaint.'this section is to be found in chapter vi, the title whereof is 'service privileges'. petitioner contended that until the representation moved by him was decided, the proceedings before the court-martial should ..... counsel is, an essential rule of interpretation is that legal provisions should be construed in the context in which they are placed. s. 23 appears in chapter vi which deals with 'service privileges'. therefore, the section has to be construed as confined to a feeling of oppression, injustice or ill-treatment vis .....

Shanta Agarwal Vs. Baldota Bros

Court : Mumbai

Reported in : (1974)76BOMLR156

..... parpia in support of his contention on the provisions of sections 139(7) and 271(7)(c) of the income-tax act, 1961, as well as on sections 14(7) and 18(7)(c) of the wealth-tax act, 1957, and on the verification clause at the end of the prescribed form of the returns which has incorporated in it a ..... statute, and contracts illegal at common law. it is true that cheshire has dealt with the point which i am now considering under these two heads in separate chapters, but in regard to the principles with which i am concerned there is no difference at all between those two classes of contract and the principles applicable to both ..... a contract does not necessarily become illegal merely because some contravention of a statute is incidentally committed in the course of its performance, but the contravention must concern an act essential to the contemplated execution of the contract, or in other words, the illegality must affect the very core of the contract. cheshire mentions six types of contracts .....

Manohar Vs. Dr. Gopal Dhavan, Chairman-cum-Managing Director, Mineral ...

Court : Mumbai Nagpur

..... superannuation). learned counsel submits that respondent no.2/mineral exploration corporation ltd. has got separate status under the provisions of mines and minerals (development and regulation) act, 1957 inasmuch as u/s.4 thereof, though for the purpose of prospecting or mining, licenses are required to be obtained by all others except the few ..... states that the managing director shall hold office during the pleasure of the government. power and functions of the board are laid in chapter v of the act. a reading of the act clearly shows that neither the board nor its managing director is entrusted with any sovereign function. black's law dictionary defines public office ..... impliedly by legislature or through legislative authority. in the present case, except a reference to section 4 of the mines and minerals (development and regulation) act, 1957, the learned counsel for the petitioner has not been in a position to point out any other provision to show that either respondent no.2 is a .....

Kunda Madhukar Shetye and Others Vs. Shaila Subrao Shetye and Others

Court : Mumbai Goa

..... ) rules, 2013 (for short, rules of 2013) were framed by the state government under section 23(c) of the mines and minerals (development and regulation) act, 1957. it was brought to the notice of the apex court that these rules regulate and provide adequate safeguard to prevent illegal mining and to regulate the sale, export and ..... illegal mining and to regulate the sale, export and transit of ore, storage of mineral and transportation and winning of mineral. it defined certain terms, and in chapter 12 provided a methodology for prevention of illegal mining. rule 3 places certain restrictions as regard storing, supplying, transporting mineral. rule 5 dealt with registration of raising ..... brushed aside only on the ground of delay. 57. next issue arises whether these rules are applicable to the facts of the present case. rule 5 in chapter ii of the rules read as under: 5. registration of raising contractors. all the raising contractors by whatever name called engaged in winning of mineral on .....

Kothari Auto Parts Manufacturing Pvt. Ltd. Vs. K.R. Pawar

Court : Mumbai

Reported in : (1979)81BOMLR411

..... serious or trivial consequences that flow therefrom, and, above all, whether the object of the legislation will be defeated or furthered.7. section 11 (2) of the act provides that the industrial court shall dispose of application for recognition, 'as far as possible within three months'. the use of the words, 'as far as possible', ..... the legislature has also prescribed a period of eight days for filing objections. to achieve the object of expeditious decision, if legislature prescribes period to perform certain acts leading to ultimate decision then, argues mr. dharap, it should be held that the provision of rule 6 is mandatory and no discretion is left in the ..... or directory. before we answer the question, it is necessary to find out the provisions of the act, which provide for filing the application for recognition of the union and for filing objections to such application.4. chapter iii of the act provides for recognition of unions. section 11 (7) lays down that any union which has for .....

Hindoostan Spg. and Wvg. Mills Ltd. Vs. Hindustan Crown Mills Siddhivi ...

Court : Mumbai

Reported in : 2007(4)ALLMR376; 2007(4)BomCR568; (2008)ILLJ243Bom; 2007(5)MhLj801

..... pass appropriate orders. under section 14, the board or the appellate authority shall be deemed to be a civil court for the purpose of section 195 of chapter xxvi of the code of criminal procedure, 1973 (2 of 1974) and every proceeding before the board or the appellate authority shall be deemed to be a ..... is available in such writ petitions have already been sketched by us in the paras appearing hereinbefore. in dharangadhara chemical works ltd. v. state of saurashtra : (1957)illj477sc . the apex court observed that where the tribunal having jurisdiction to decide a question comes to a finding of fact, such a finding is not open to ..... due to accumulated losses;(ix) the appellant-mill has been declared a sick company as per the provisions as per the provisions of sick industrial companies (special provisions) act, 1985;(x) the textile operations in the units at mumbai had become unviable;(xi) the bombay textile research association, a government recognised textile research association, had .....