Court : Mumbai
Reported in : (1960)62BOMLR11
..... he further contended that the high court could not do indirectly what it was not able to do directly and that it could not issue any writ of prohibition against respondent 1 either, even though he had his office at trivandrum and had a permanent location within the jurisdiction of the high court inasmuch as he was merely an arm of respondent 2 and any writ issued against him would ..... ' 'no property shall be compulsorily acquired or requisitioned save for a public purpose and save by authority of a law which provides for compensation for the property so acquired or requisitioned and either fixes the amount of the compensation or specifies the principles on which, and the manner in which, the compensation is to be determined and given; and no such law shall be called in question in any court on the ground ..... argued on the other side by the learned attorney general that section 49ee deals with a class of persons with whom there has been a settlement either under the income-tax act or under any other enactment such as the investigation act and who ultimately took their stand upon the invalidity of the settlement ..... taken possession of or acquired for public purposes under any law authorising the taking of such possession or such acquisition, unless the law provides for compensation for the property taken possession of or acquired and either fixes the amount of the compensation, o specifies the principles on which, and the manner in which, the compensation is to be determined and given. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom440; (1951)53BOMLR621; ILR1952Bom378
..... people fleeing from pakistan left property behind and people fleeing from india also left property behind, and provision had to be made with regard to the property left by people in this country who, either because they were terrified by reason of communal disturbances or because they wanted to migrate to another country or for reasons connected with this, left their property behind, similarly some arrangement had ..... , within the competence of the state legislature, there can be no doubt as to the legislative competence of parliament with regard to a subject which would either fall in the concurrent list or if not specifically enumerated in the first list, would undoubtedly fall in entry 97 to which i have just referred ..... clear that notwithstanding section 28 and section 43 (c) it is open to the petitioner to challenge the validity of the orders if the custodian, if they either contravene any of the fundamental rights guaranteed to the subject under the constitution or they are in excess of the jurisdiction conferred upon him to pass the orders ..... adhered to, then in oases where there is destruction or extinguishment of title the case would fall under article 31(1), and where the property is either acquired or taken possession of for beneficial use the case would fall under article 31(2) ..... the logical approach to the subject must be first to consider whether the effect of this legislation is either to deprive the subject of his property under article 31(1) or to acquire or take possession of .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR890; (1959)IILLJ286Bom
..... 90 per cent of the work of the employees irrespective of the qualifies of bidi; as regards the remaining 10 per cent, even if the bidis are found to be below the requisite standard, the employers are required to make either full payment or half-payment for the bidis retained; further the employers cannot do their business of inspecting the bidis at their own places of business but will have to inspect the bidis at places within two ..... under this provision the government in fixing minimum rates of wages in respect of any scheduled employment or in revising minimum rates of wages can proceed in one of two ways; it may either appoint committees and sub-committees to hold enquiries and advise it in respect of such fixation or revision as the case may be, or it may publish its proposals by a notification in an official gazette for the information of persons likely to be affected ..... look at this provision it only confers certain rights on the employer to proceed against the employees, but it does not in any way affect the employer's right either under the contract or under the standing orders for taking such action against employees as he likes for bad workmanship. 46. ..... application was premature and the petitioners were not entitled to claim the minimum wages and the dearness allowance fixed by the government under the notification of 11 march, 1952, unless they were either admitted as artisans by the opposite party or they passed a trade test held by the committee set up for the purpose. .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR500
..... far as material, provides as follows:'the following shal be deemed to be corrupt practices for the purpose of this act :x x x x x(4) te publication by a candidate or his agent or by other person, of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal, or retirement from contest, or withdrawal, a statement resonably calculated to prejudice the prospects of that candidate ..... provision, the petitioner must prove firstly, that there has been a publication by a candidate or his agent or by any other person of a statement of fact, secondly, the statement of fact must be false; thirdly, the publisher must either believe it to be false or must not believe it to be true; fourthly, the statment must be in relation to the personal character or conduct of the candidate or in relation to his cadidature, withdrawl or retirement reasonably calculated to prejudice ..... proved, it may be inferred or implied from the acts of the candidate and from other facts and circumstances.every instance in which it is shown that either with the knowledge of the candidate or of his appointed agents a person acts at all in futhering the election for him,. ..... bharucha and there is no evidence aso to show that this was done iwth the consent of either the returned candidates of theirelection agents and therefore, in our opinion, this would not amount .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1975Bom324; 1975CriLJ1828; 1975MhLJ822
..... 'in almost every continental community the executive exercises far wider discretionary authority in the matter of arrest, of temporary imprisonment or explosion from its territory, and the like, tan is either legally claimed or in fact exerted by the government in england; and a study of european polities now and again reminds english readers that wherever there is discretion there is room for ..... magistrate of a district or commissioner of police under sub-section (3) of section 3 of the act when an order is made under this section either by the district magistrate or the commissioner of police under sub-section (3) of section 3 of the act when an order is made under this section either by the district magistrate or the commissioner of police he has to report the fact to the state government forthwith together with the grounds on which ..... of public order if read in the context of the declaration of emergency on the ground of internal disturbance may in a given case lead to reasonable inference that a person concerned, who is either a leader or a prominent and active worker or is a person in control of the organisation or its branch, is likely to act in a manner which can be termed as prejudicial to the security of india ..... . this court's jurisdiction in such matter is peripheral and unless a clear case is made out indicating either the mala fides of the detaining authority or that the provisions of section 3 of the misa were not complied with, it will not be possible for this court .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR162
..... as then between him and the mortgagor this agreement would certainly not have affected the immoveable property either directly or indirectly, nor would it have needed to be proved; but supposing the agents' commission during the currency of the agreement ..... whether the decree be procured by the mortgagor or the mortgagee, it is in the option of either party to enforce it and have it converted into a decree absolute, but until one or the other party docs so, it never can be a final ..... possessor of the legal right, must have encouraged the plaintiff in his expenditure of money or in the other acts which he has done, either directly or by abstaining from asserting his legal right. ..... with the plaint in the suit of 1903 and the decree nisi of 1904, and thereupon contending that it was res judicata against the plaintiffs who could not now be heard to dispute either its admissibility or its binding effect upon them. ..... argument was urged, and not considered a sound one either by the master of the rolls (sir r. p. ..... argue from this that a decree nisi under the transfer of property act will automatically operate so as to become a decree absolute after some time; so while it is in the process of becoming so, it is a bar to any other suit by either party to it either for redemption or foreclosure. ..... this i said is either money which by bringing into the mortgage account you seek indirectly to make a charge upon the real estate, or it is something entirely outside the mortgage account and, therefore, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1975Bom205; (1975)77BOMLR533
..... under that sub-rule the returning office shall examine the nomination papers and decide all objections which maybe made to any nomination and may, either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary, reject any nomination paper on any of the following grounds, that is to say:'(a) that the candidate is not qualified or is ..... thus, in our opinion, it is not possible to take the view that on proper construction of rule 15 (10) read with section 17 of the act it is not permissible either to a candidate or to an elector to challenge the validity of an election of a returned candidate on the ground that he was disqualified under the provisions of section 16(1) of ..... xx (c) xx xx xx (d) xx xx xx (e) xx xx xx it is obligatory upon the returning officer under sub-rule (6) to endorse his decision on each nomination paper either accepting or rejecting the same and if the nomination paper is rejected, he has to record in writing a brief statement of his reasons for such rejection. ..... further it is clear that the nature of inquiry that has to be conducted by the returning officer before either accepting or rejecting the nomination papers on the ground of objections raised or suo motu is described to be ..... under this rule it is obligatory upon the returning officer to examine the nomination and may either on such objection or on his own motion , after such necessary, reject any nomination paper on any of the grounds specified in sub rule (2) .....
Tag this Judgment!Court : Mumbai
Reported in : (1981)25CTR(Bom)376; [1982]134ITR268(Bom)
..... the court repelled this contention holding that the deceased neither had any interest in the property nor was he in possession of the property either actually or constructively and in such a case the property did not and could not have come into existence during the lifetime of the deceased but accrued for the first time after his ..... it states:'(16) 'property passing on the death' includes property passing either immediately on the death or after any interval, either certainly or contingently, and either originally or by way of substitutive limitation, and 'on the death' includes ' at a period ascertainable only by reference to the ..... as a general rule, therefore, goodwill as an asset can be included in the estate passing either when all the assets and liabilities of the business have been evaluated or when prima facie they are proved to have a good positive value even without the ..... act, for, it was the duty of the assessing authority under either of those two enactments to evaluate the property, namely, the right to receive compensation at the market value, as at the relevant date, namely, the date of death under the act or the valuation date under ..... under that section a transferee of a partners interest in the firm, either absolutely or by way of mortgage, or by the creation of a charge in his favour of the interest of a partner in the firm, does not entitle the transferee, during the continuance of the firm, to interfere in the conduct of the business, or to require accounts, .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(1)ALLMR693; 1998(2)BomCR446; 1998(1)MhLj541
..... court while considering the said proviso was pleased to hold that the proviso cast a duly on the court before passing a decree of eviction in respect of the entire premises to satisfy itself that no hardship would be caused either to the tenant or to the landlord by passing a decree in respect of a part of the premises only and if it comes to the conclusion that no such hardship would be caused then the court has to pass a decree for eviction in respect of ..... ' thus it is clear from a look at the language of the proviso to section 13(2) itself that when the court is satisfied that no hardship would be caused either to the tenant or to the landlord by passing the decree in respect of a part of the premises, the court shall pass the decree in respect of such part only ..... it is impossible to conceive a situation where any of the parties could make use of the premises either as an architect's office or for that matter for the business of the petitioner which he is presently running ..... at any rate in instant case all the co-owners were parties to the proceedings either as applicants or respondents and further these respondents had supported the case of the applicants for bona fide ..... the court disposes of the case with the awareness of these provisions either by express discussion or by implication where the facts speak for themselves, the rent court had done its duty properly and there is no infirmity of any kind either in the procedure or in the substantive disposal of the dispute. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1975Bom88; (1974)76BOMLR304
..... (ix) of section 13(1) of the act were deleted but it is appropriate to set out section 13(1) before the amendment and it reads as follows:-'13 (1) any marriage solemnized, whether before or after the commencement of this act on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party - (i) is living in adultery : or (ii) has ceased to be a hindu by conversion to another religion: or (iii) has been ..... the decree for judicial separation had bee obtained by the respondent in 1963 'there has been no resumption of cohabitation' within the meaning of section 13(1a) (i) of the act, section 13(1a) reads as follows:-'either party to a marriage whether solemnized before or after the commencement of this act may also present a petition for the dissolution of the marriage by a decree of divorce on the ground (i) that there has ..... rele for the appellant-husband has assailed the decree on two grounds, first the amended section 13(1a), which confers an absolute and unqualified right on either party to obtain divorce on ground of non-resumption of cohabitation for a period of two or more years after the passing of a decree for judicial separation is not subject to or controlled ..... proposition that after a decree for judicial separation has been obtained by a spouse then it shall be no longer obligatory for either party to cohabit with the other and it follows that neither party shall be under obligation to make an attempt to come .....
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