Court : Mumbai
Decided on : Jul-03-1989
Reported in : [1991]70CompCas850(Bom)
..... , the contention of the petitioner is not different from what it was before the arbitrator as well as the revenue appellate tribunal and that contention is founded on section 176 of the contract act read with clauses 5 and 10 of the hypothecation agreement as at annexure 'a' to the writ petition. the contention in summary is thus : that the ..... operative societies, tumkur, who, by his order dated april 18, 1983 in dispute no. 37 of 82-83 upheld the contention of the bank in terms of section 176 of the contract act read with clause 5 and clause 10 of the agreement of hypothecation as at annexure 'a' to the petition that the bank had a right to seize the ..... of the loan advanced notwithstanding the fact that payment of dues to the co-operative society/ bank is a matter, recovery of which is provided for under section 70 of the co-operative societies act, by way of dispute in the specified manner, thereby excluding any other method available to a co-operative institution? 4. so far as the first .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-30-1989
Reported in : [1989]180ITR609(Bom)
..... liability being subsequent, it could be satisfied only after the previous creditors were paid. this is directly in contravention of the provisions of sub-section (3) of section 178 of the income-tax act. both these findings are thus perverse.14. mr. shelat, the learned advocate for the respondent, urged before us that when the petitioner came ..... officer would be sufficient to provide for any tax which is then, or is likely thereafter to become payable by the company. sub-section (3) of section 178 of the income-tax act prohibits the liquidator from parting with any assets of the company or the property in his hands until he has been notified by the ..... patently erroneous.22. what was contended before us by mr. shelat is that the income-tax appellate tribunal having rejected the prayer for reference under section 256 of the income-tax act, the remedy was still available to the petitioner to approach the high court. that remedy not having been followed, we should not exercise the extraordinary .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-17-1989
Reported in : AIR1989Bom382; (1989)91BOMLR96; 1989MhLJ887
..... towed away vehicles.7. in order to appreciate the submissions of shri andhyarujina, it may be convenient to peruse some of the relevant provisions of the bombay municipal corporation act 1888 . section 3(q) defines a vehicle as under:'vehicle' includes a carriage, cart van, dray, truck, handcart and wheeled conveyance of any description capable of being used ..... of regulating the traffic is not the function of the municipal corporation but is the function of the police. he relied upon chapter iv of the bombay police act , 1951. section 33(1)(b) empowers the commissioner of police to make regulations for regulating traffic of all kinds in streets and public places, and the use of streets ..... of the said facility. but if one chooses to avail of that facility, he is required to pay a fee. since the public streets under section 289 of the bombay municipal corporation act vest in the corporation, no fault could be found with impugned levy. the said fee, an pointed out in the letter dated the 4th of .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-31-1989
Reported in : AIR1989Bom331; 1989(2)BomCR433; (1989)91BOMLR139
..... gains out of the intellectual property.23. applying the test of the character of the audience watching these video films , can this audience be called a section of the public or is this audience a private or domestic audience of the defendants in the present case. it cannot be said that the audience which ..... last test which has been applied in such cases is the test of ascertaining the character of the audience in view of the purpose of the copyright act . the copyright act is meant to protect the owner of the copyright against unauthorised performances of his work, thereby entitling him to earn monetary gain from his intellectual property ..... place, where the artists perform. a broadcast, however, posed problems. where does the performance take place?. hence the above decision of the english courts. under our copyright act , 1957 a broadcast to the public is expressly covered. there is no need, therefore, to consider where the 'performance' takes place. hence english decisions on this aspect .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-29-1989
Reported in : 1990(1)BomCR606
..... any under-taking or institution; and the expressions 'licence', 'licensor', and 'premises given on licence' shall be construed accordingly.'7. the aforesaid provisions of section 5(4a) of the said act of 1947 make it abundantly clear that the permission given for conducting the said pan beedi business in the suit premises does not fall within the definition of ..... the same are beyond the scope of the pleadings and evidence led by the plaintiff respondent. at this juncture i shall refer to the provisions of section 5(4a) of the said act of 1947:'5(4a) 'licensee' in respect of any premises or any part thereof means the person who is in occupation of the premises or ..... that the respondent-plaintiff was introduced in the suit premises by an agreement of conducting, his case does not fall within the definition of 'licensee' under section 5(4a) of the said act of 1947. however, surprisingly enough, the trial judge did not bother to frame any issue in this respect and this error apparent on the face .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-27-1989
Reported in : I(1990)DMC459
..... years of age cannot claim maintenance from the father. he also denied the claim for enhancement.4. the learned magistrate on trial came to the conclusion that section 3(1)(b) of act no. 25 of 1986, could not bar the present application. on merits, the learned magistrate found that because of the changed circumstances, the maintenance allowance ..... only. if the children do not fall within this category, then their rights under the common law remain unaffected irrespective of the operation of act no. 25 of 1986.10. thus, in my view, section 3(1)(a) and (b) excludes the muslim divorced woman and the children maintained by her from the operation of the common law. ..... of criminal procedure code did not suffer any change as far as their rights is concerned.6. mr. gorde, however invited my attention to section 3(1)(a) and (b) of the said act. section 3 reads as follows :(1) notwithstanding anything contained in any other law for the time being in force, a divorced woman shall be entitled to--(a) .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-07-1989
Reported in : AIR1990Bom170
..... without obtaining the permission of the reserve bank of india and/or the central government in view of the provisions of the foreign exchange regulation act, 1973.12. under section 13(d) of the code of civil procedure a foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same ..... shall not be conclusive where it sustains a claim founded on a breach of any law in force in india.31. under section 26 sub-section (6) of the foreign exchange regulation act, 1973 except with the general or special permission of the central government or the reserve bank, no person resident in india shall ..... enforce the foreign judgment.36. in the case of m/s dhanrajamalgobindram, v. shamji kalidas and co. : [1961]3scr1029 the supremecourt had considered section 21 of theforeign exchange regulation act, 1947. thecourt said that the responsibility of obtainingpermission of the reserve bank before enforcing a judgment, decree or order of aforeign court is transferred .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-25-1989
Reported in : 1989(2)BomCR661; (1990)ILLJ445Bom; 1989MhLJ794
..... to decide is the scope and ambit of the amended sub-clause (bb) of clause (00) of section 2 of the industrial disputes act section 2(00) after amendment reads as under :-'section 2(00). 'retrenchment' means the termination by the employer of the service of a workman for any reason whatsoever otherwise than ..... the labour court was of the opinion that under the amended definition of retrenchment, the petitioners cannot be said to have been retrenched and hence section 25-f of the industrial dispute act was not attracted. the petitioners feeling aggrieved by the order, finally deciding the point involved, have filed this petition.6. what is necessary ..... other contentions were also raised but they are not relevant for my consideration at present. each of the petitioners simultaneously moved an application under sub-section (2) of section 30 of act no. i of 1972 seeking an interim relief for continuing the petitioners in service during the pendency of the complaints.4. it is a .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-11-1989
Reported in : 1990(2)BomCR297
..... whole should be read and if it is read there is sufficient material on the record to hold prima facie that the 1st respondent has committed an act which is prohibited under sections 161 and 163 of the criminal p.c., and to that extent the matter be remanded back to the trial magistrate for trial.23. mr. ..... mantralaya, bombay - 400 032dated 7-11-1984no. dlp/0984/c 354 + pol-3.---in exercise of the powers conferred by clause (b) of sub-section (2) of section 6 of the b.p. act, 1951 (bom xxii of 1951) and of all other powers enabling it in this behalf the government of maharashtra hereby directs that all the powers, functions ..... a police officer and every such member is entitled for protection of the said notification. learned advocate general further contended that police officer defined under section 2(11) of the bombay police act throughout the state is charged with the maintenance of public order and, therefore, there is no question of issuing any further notification notifying a particular .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-04-1989
Reported in : AIR1990Bom355
..... and delegation is in favour of the high authority, such a delegation cannot be said to be uncontrolled or unguided. the legislative policy of section 53(1)(vii) of the act is absolutely clear. it is to prevent the speread of aids in public interest. the authority to take decision in the matter of isolation ..... person to a hospital under four circumstances mentioned in sub-sections (i) to (iv).3. the act was made when goa was a union territory along with daman and diu. state of goa, soon after its formation amended the act by the goa public health (amendment) act, 1987), which was published in the official gazette on 17 ..... of the constitution of india.2. the act aims at advancing the public health. section 2(15) defines the term 'infectious disease' as meaning an infactiousdisease as defined in section 47 and includes notified diseases as defined in section 57. chapter vii relates to prevention, notification and treatment of diseases. section 47 enumerates the list of infectious diseases .....
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