Court : Mumbai
Decided on : Aug-22-2007
Reported in : 2008(1)MhLj505
..... . in the case of hiten p. dalal v. bratindranath banerjee : 2001crilj4647 the apex court, speaking through three learned judges, held that sections 138 and 139 of the act require that the court 'shall presume' the liability of the drawer of the cheques for the amounts for which the cheques are drawn, and as noted in state of ..... a clear admission by the complainant that there was no business transaction between the parties and therefore there was a clear rebuttal of presumption raised under section 139 of the act. this case stood on its own facts. 10. in k. bhaskaran v. sankaran vaidhyan balan and anr. : 1999crilj4606 , the apex court has stated thus:as the ..... receipt of the said notice and further states that failing the said payment the complainant would be filing a criminal case against the accused under section 138 of the said act. 6. on behalf of the complainant, learned counsel mr. vaze has placed reliance on central bank of india and anr. v. saxons farms and ors. : air1999sc3607 .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-05-2007
Reported in : 2007(3)ALLMR401; 2007(3)BomCR555; 2008(1)MhLj581
..... castes, scheduled tribes, denotified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of caste certificate) act 2001 the division bench had no jurisdiction to direct the scrutiny committee to reconsider the decision of granting validity certificate in favour of the petitioner. it ..... which has more probative value has not been considered by the scrutiny committee or the committee has committed gross error in appreciating evidence or has acted in flagrant violation of principles of law or justice causing grave injustice to the petitioner or the findings of the committee are so perverse and ..... detailed reasons therefor does not constitute any declaration of law by the apex court or constitute a binding precedent. (10) enforcement and implementation of dowry prohibition act, 1961, in re : 2005crilj2598 . in this case a writ petition was filed before the apex court seeking inter alia a writ of mandamus directing .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-25-2007
Reported in : 2007(5)ALLMR364; 2007(5)BomCR618; (2007)109BOMLR1615; 2008(1)MhLj300
..... 1 to 5 waive service. interim orders in terms of prayer (c).it is accordingly ordered that the operation of the following provisions of the multi-state societies act, 1984, read with rule 33 of the multi-state co-operative societies (registration, membership, direction and management settlement of disputes, appeal and revision) rules, 1985 qua ..... taken by a multi-state co-operative society against its paid employee or an industrial dispute as defined in clause (k) of section 2 of the industrial disputes act, 1947 (14 of 1947)] touching the constitution, management or business of a multi-state cooperative society arises -(a) ... (b) between a member, past members ..... for respondent nos. 4 and 5 argued that after the circular dated 16.1.2003, the petitioner has filed revision petition under section 154 of the state act, 1960 bearing no. 89 of 2002 before the divisional joint registrar, cooperative societies, aurangabad. the divisional joint registrar has passed order on 27.1.2003 directing .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-16-2007
Reported in : 2007(6)ALLMR683; 2007(6)BomCR100; (2007)109BOMLR1847
..... office though he gets constitutional status and performs his functions under the constitution, law or executive policy. he is not only responsible for his own act but even of the persons working under him. public accountability takes within its ambit decisions of the authorities in accordance with rules, policies and use ..... in exercise of statutory powers, public accountability and transparency are also applicable to the various proceedings under the law of acquisition. various provisions of the act could be referred to demonstrate that the exercise of powers emanating from statutory provisions is coupled with public obligation, to protect the rights of the ..... government pleader, while relying upon the maharashtra government rules of business and instructions issued thereunder, contended that every minister of the government is obliged to act in accordance with the rules and established procedure for running the administration. in terms of rule 10.1, the minister in charge of a department .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-02-2007
Reported in : 2008(1)BomCR256; 2008(3)MhLj156
..... (general conditions of services) rules, 1981, which would require acceptance of the resignation by the competent authority, the resignation ought to be treated as unilateral act in view of the conditions enumerated in the appointment letter (exh-a). he would submit that the clarificatory government resolution dated 2-12-1997 and procedure ..... 25. in 'reserve bank of india v. cecil dennis solomon' air 2004 scw 1402 the apex court categorically observed that resignation and voluntary retirement involve voluntary acts on the part of the employee to leave service. the apex court held:though resignation is a bilateral concept, and becomes effective on acceptance by the ..... of resignation. a responsible class-ii officer, particularly a medical officer like the petitioner can not walk away from the office on account of unilateral act of tendering the resignation. the resignation must be accepted by the competent authority before the notional relation of the employee with the office is deemed as .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-01-2007
Reported in : (2007)109BOMLR2453
..... murdered and the child was killed, these accused i.e.accused nos.1 and 2 must be held to share the common intention in doing this entire act i.e. robbery and murders of leticia and infant child mast.dylon lobo. therefore considering the mitigating and aggravating circumstances, we hold that there are absolutely ..... have received the benefit of life imprisonment or if the offence is only constructive, being under section 302 read with section 149, or again the accused has acted suddenly under another's instigation, without premeditation, perhaps the court may humanely opt for life, even like where a just cause or real suspicion of wifely infidelity ..... developed intimacy with each other and started meeting frequently to each other, and the deceased bachhu @ abhayraj who was residing near the house of tiwari family was acting as a messenger to exchange messages between the prabhu and sushma. after some days, when the accused dilip and his mother tulsidevi learnt about the love affairs between .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-07-2007
Reported in : 2008(2)ALLMR72; 2008(2)ARBLR49(Bom); 2008(2)BomCR654; 2008(3)MhLj94
..... anything contained in clause (e) of section 41. what section 42 provides is that where a contract comprises an affirmative agreement to do a certain act, the circumstance that the court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative ..... yuvraj and other internet marketing and advertising rights including internet based chat sessions.the court in an application under section 9 of the arbitration and conciliation act, 1996, has the power to order an interim measure of protection including an interim injunction. prima facie it would be apparent from a perusal of ..... . this difference between the parties will ultimately have no bearing little the conclusion of these proceedings which arise under section 9 of the arbitration and conciliation act, 1996.the petition:4. the promotion agreement contains an arbitration clause and in these proceedings under section 9, the relief that has been sought, pending .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-16-2007
Reported in : 2007(6)ALLMR61; 2007(4)BomCR251; (2007)109BOMLR1083; 2007(4)MhLj384
..... had placed reliance before the maharashtra administrative tribunal on the following reported judgments namely:[1] (1994) 4 scc 356 jeevanlal ltd. and ors. v. appellate authority under payment of gratuity act and ors.[2] : 2005crilj3091 pratap singh v. state of jharkhand and anr. accepted argument of the state that the rule prescribing 90 days notice to appointing authority meant clear 90 ..... be felt by adverting to the scheme i.e. surrounding rules. we find that absence of words clear 90 days notice (3 months) to appointing authority is in a legislative act of omission done with all legislative wisdom, which is liable to be classified as conscious omission, and should be respected. 11. we hold that the construction of provisions for reading .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-09-2007
Reported in : (2007)109BOMLR774; 2007(4)MhLj20
..... that on both the previous occasions, the learned chief presidency mag. was right in holding that the accused was not guilty of any offence under section 25 & 26, merchant shipping act.10. i am of the view that none of the categories which are elaborated by the supreme court in the aforesaid case are applicable to the facts of the present .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-26-2007
Reported in : 2007(4)ALLMR258; (2007)109BOMLR1412; 2007CriLJ3645; 2007(4)MhLj427
..... , siddheshwar, father of the petitioner, in whose name land was, was alive and had served notice dated 22-4-2002 under section 127 of the maharashtra regional and town planning act, 1966 on the planning authority since period of more than ten years was lapsed, the planning authority was called upon to acquire the land within a period of six months .....
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