Court : Mumbai
Reported in : 1991(1)BomCR245
..... the name of defendant no. 1 jannatbi is mutated after deleting the name of faiz mohammad, in 1958-59. this entry seems to have been effected on 9-9-1957. for the year 1974 also the said property was in the name of jannatbi and the numbers were 1174 corresponding to 1146. my attention is also drawn to sanad ..... to note that it is a sale transaction by faiz mohammad and his sons mukhtyar ahmed, mohammad yusuf and lal mohammad who was then minor for whom defendant jannatbi acted as guardian in favour of gulabchand ghisulal marwadi. the learned advocate for the appellants has rightly suggested that had jannatbi been the real owner of the suit property the ..... instrument and its execution is contemporaneous with the making of the gift then in that case the instrument must be registered as provided under section 17 of the registration act.' he has contended that the interpretation of the above deed in regard to its contemporaneous nature is a matter of evidence and in that regard he has contended that .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(1)ARBLR562(Bom); 2003(1)MhLj536
..... cheques drawn on indian oversees bank as a security towards the repayment of the said loan amount.4. on 2-10-2000 the non-applicant deposited rs. 33,1957- with m/s ketan motor limited, nagpur, an authorized dealer of hyundai towards booking charges and initial consideration amount, which was estimated to rs. 3,31,5877 ..... ramesh darda, the learned counsel for the non-applicant, while supporting the impugned order contended that in view of the provisions of section 8(3) of the arbitration act, 1996 though the issue is pending before the judicial authority, an arbitration may be commenced or continued and an arbitral award made. as such, according to shri ramesh ..... a case in kalpana kothari (smt) v. sudha yadav (smt) and ors reported in : air2002sc404 . the apex court held that the provisions of section 8 of the arbitration act, 1996 are all comprehensive and of mandatory character. similarly in another decision in p. anand gajapathi raju and others vs. p. v. g. raju (dead) and others reported .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1971Bom38; (1970)72BOMLR222; ILR1970Bom768
..... krishnaji ramji vinarkar v. shamsunder jagannath shukla, : air1955bom166 an ejectment application had been filed in the bombay court of small causes under chapter vii of the presidency small cause courts act. the opponent to the application was sought to be evicted from certain premises on the ground that he was a licensee whose license had ..... section 28 mr. justice das observed: '...... it proceeds on the basis that exclusive jurisdiction is conferred on certain courts to decide all questions or claims under the act as to parties, between whom there is or was a relationship of landlord and tenant .........'a little later in the judgment his lordship said:-- '....... when one has ..... that the exclusive jurisdiction conferred by section 28 is really dependent on an existing or previous relationship of landlord and tenant and on claims arising under the act as between such parties.' his lordship further said:-- '....... if the suit as framed is by a landlord or a tenant and the relief asked for .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(1)BomCR645
..... provided that occasions no prejudice to the other side beyond what can be compensated for in costs.'in the case of vishnu arjun v. irukulla shankariah, a.i.r. 1957 a p 784, the following principles are laid down :'no doubt as a general rule, no plaintiff is entitled to a relief for which there is no foundation in ..... stipulation for reconveyance'. thus the term of reconveyance of the property is covered by the said documents itself. the provisions of section 58(c) of the transfer of property act, 1882 run as under :'58(c) where the mortgager ostensibly sells the mortgaged property---on condition that on default of payment of the mortgage-money on a certain date ..... illegal. it is true that by the said will manjulabai has also bequeathed her tenanted premises in favour of plaintiff waman. it is also true that the bombay rent act prohibits transfer of possession by a tenant without consent of landlord. but the will will take effect after the death of manjulabai. that the will is creating the .....
Tag this Judgment!Court : Mumbai
Reported in : [2002]253ITR534(Bom)
..... to law and hence these appeals should not be thrashed at the stage of admission. he also relied upon the decision in oriental investment co. ltd. v. cit : [1957]32itr664(sc) , which lays down, inter alia, that a finding on a question of fact is open to attack as erroneous in law if there is no evidence to ..... the search and indicating in the said panchanama the fact that the cupboard containing silver articles had been sealed and an order under section 132(3) of the income-tax act passed in relation thereto. on december 13, 1997, the assistant commissioner, circle-i, margao, mr. ashish abrol, who was not one of the authorised officers mentioned in ..... period from april 1, 1986, to october 18, 1996. a few facts which are required to be stated are as follows :a search under section 132 of the income-tax act, 1961, was conducted at the residential premises of the assessee at 'thirtharupa', aquem, margao, goa, from october, 1996, onwards. during the search operation, certain valuables were found .....
Tag this Judgment!Court : Mumbai
Reported in : (1984)86BOMLR254; [1986]59CompCas147(Bom)
..... share in a ship;(i) a charge on goodwill, on a patent or a licence under a patent, on a trade-mark, or on a copyright, or a licence under a copyright.(5) in the case of a charge created out of india, and comprising solely property situate outside india, 'thirty' days after the date on ..... the defendants and the defendants advanced to it 80 per cent. of the outstanding instalments thereunder. no registration was effected under section 95 of the (english) companies act, 1948, in respect of the letter of hypothecation or the deposit of the hire-purchase agreements. the company went into voluntary liquidation. it then claimed delivery by ..... was contended in the affidavit in support of the chamber summons that the charge claimed by the mortgagees over the mortgage property was not registered under the companies act, that section 125 thereof applied and that, therefore, the mortgagees could be treated only as ordinary creditors without preferential rights. the chamber summons was contested on .....
Tag this Judgment!Court : Mumbai
Reported in : (1981)25CTR(Bom)128; [1982]137ITR493(Bom); [1982]8TAXMAN22(Bom)
..... which being actionable claims would require to be transferred by writing in the manner provided for in s. 130 of the transfer of property act; such as, for example, trade marks, copyrights, book debts, insurance policies, etc. others would require execution of documents such as transfer of bank accounts or endorsement as in the case ..... said chapter ii, provides as follows :'5. 'transfer of property' defined - in the following section 'transfers of property' means an act by which a living person conveys property, in present or in future, to one more other living persons ..... living or an existing person to a non-existent person is something which at least we have not been able to follow. chapter ii of the transfer of property act, 1882, is a chapter which deals with the general principles applying to transfer of property, whether movable or immovable. section 5, which occurs in the .....
Tag this Judgment!Court : Mumbai
Reported in : (1968)70BOMLR817; (1969)IILLJ509Bom
..... it is stated in the preamble 'work and employment.' the question, however, which arises for our determination is a question which depends, not upon the provisions of those chapters, but upon the terms of s. 5 under which the notification impugned in the present case was issued. 24. we have already reproduced the provisions of s. 5 ..... regard to each one of those categories. then follow certain general provisions as to the employment of children, young persons and women chap. vi, ss. 32 to 34a. chapter vii, ss. 35 to 38a, deals with leave with pay and payment of wages. certain provisions as to health and safety are dealt with in chap. viii, ss. ..... of one employee. they were acquitted in respect of their other employees it being expressly held that they were not 'employees' within the meaning of the act [vide criminal case no. 181 of 1957 by the presidency magistrate, fifth court, bombay, para. 7, of the judgment]. next, one of the unions representing the workers, namely, the bombay tailoring .....
Tag this Judgment!Court : Mumbai
Reported in : (1961)ILLJ162Bom
..... conciliation. the contentions of the respondents were accepted by mr. justice shelat and the petition was dismissed. those contentions are repeated before us. 7. chapter iv of the industrial disputes act, 1947, deals with the procedure, powers and duties of authorities constituted by it. section 12(1) provides that where an industrial dispute exists or ..... at the meeting, pertaining to the departmental enquiry. accordingly to the union, a third meeting was also called by the respondent 1, on 27 november, 1957 for further discussion. at that meeting the respondent 1 informed the representatives of the union that if they were agreeable, the order of dismissal of rao could ..... was a case of victimization and, therefore, the union was entitled to raise an industrial dispute with regard to his dismissal. 2. on or about 5 april 1957, the union addressed a letter to mr. v. v. joshi, deputy commissioner of labour (administration), bombay, wherein they mentioned the circumstances in which the order .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1975Bom182; (1974)76BOMLR644
..... to have arisen in bombay on these undisputed facts. thus this petition attracts rule 623 of o. s. rules and consequently exceeds the application of rule 2 of chapter xvii of the a. s. rules. entertainment of this petition in the be sence of applicability of article 227 and rule 1 of a.s. rules on the ..... its establishment in 1862 under the letters patent has been exercising original as well as appellate jurisdiction and its functioning is regulated by 'the bombay high court (original side) rules, 1957 and 'rules of the high court of judicature at bombay. appellate side, 1960' (hereinafter referred to respectively as 'o. s. rules' and 'a. s. rules'). rules ..... court. seeks to challenge the bombay high court (original side) rules, 1957, in this petition under articles 226, and 227 of the constitution of india on the ground of the said rules being violative of articles 14 and 19 thereof as also the provisions of the advocates act. 1961 . a writ directing union government to enforce section 30 of .....
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