Court : Mumbai
Decided on : Mar-04-2003
Reported in : 2003(2)ALLMR684; 2003(5)BomCR777
..... for respondent no. 1 cited in this connection kiran singh & others v. chaman paswan & others, : [1955]1scr117 . it was enunciated that the principle that underlies section 11 of suits valuation act, 1887, is that a decree passed by a court, which would have had no jurisdiction to hear a suit or appeal but for over-valuation or under-valuation ..... the objection to the valuation of the suit was taken at the initial stage, the issue was framed and it was adjudicated and the provision of section 11 of suits valuation act which prohibits the party to raise the questions of over-valuation or under-valuation for the first time at the appellant stage except in the case ..... over-valued or under-valued, and that the over-valuation or under-valuation thereof has prejudicially affected the disposal of the suit or appeal on its merits.'section 11 of suits valuation act is in two parts, clause (a) speaks about the stage at which the objection about the over valuation or under valuation is to be raised and .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-10-2003
Reported in : 2003(3)ALLMR501; 2003(6)BomCR778
..... paise share in the said plot. the lay out plans were sanctioned by the municipal council, ahmednagar, but the government of maharashtra issued a notification under section 4 of the land acquisition act, 1894, on 30th july, 1970, for acquiring total land of 4h. 98r. in survey no. 109 of sawedi for construction of the tenements by ..... petitioners applications would not go in the general lots to be drawn. this resolution was, therefore, rightly submitted to the government for its approval, as required under section 6(1) and the government of maharashtra, in the reply, informed the mhada that there was no such reservation for the project affected persons. the speeches made ..... not have been binding on the government, because its powers of resumption are regulated by the state and must be exercised in accordance with its provisions. the act forces no authority on the government to grant exemption from resumption and an undertaking not to resume will be invalid, and there can be no estoppel against a .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-02-2003
Reported in : 2004(3)MhLj366
..... shaffi @ mamoo, appellant prakash raghuvanshi that they were having a right to be searched before a magistrate or a gazetted officer, as envisaged by section 50 of n.d.p.s. act, because those suit cases cannot be treated to be on the person of the appellants.12. both shri nalavade and shri saste submitted that the ..... raiding party caught both of them and falsely implicated in this case. shri keshwani submitted that the alleged statements recorded in view of provisions of section 67 of n.d.p.s. act cannot be used against both the appellants for basing conviction, because, those statements by themselves show that the evidence was obtained by exercising undue influence ..... were seized under panchanama.3. those persons were taken to the office of n.c.b. their statements were recorded in view of provisions of section 67 of n.d.p.s. act. investigation proceeded and the charge sheet was submitted in the trial court against all the appellants, as well as against said mohammed shaffi @ mamoo. .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-29-2003
Reported in : 2003(5)BomCR491; 2003(27)PTC501(Bom); [2003]47SCL290(Bom)
..... therefore, according to mr. kapadia, the respondent is entitled to sue and succeed against the appellant in an infringement action. mr. kapadia referred to section 28(1) of the act which gives the registered proprietor an exclusive right to use to registered trademark and to obtain relief for infringement in relation to goods in respect of which ..... and business of each other. pursuant to the said decision and in order to obtain permission of the registrar of trade marks as required under section 39 of the trade and merchandise mark act, 1958, the parties prepared an agreed draft of deed of dissolution, inter alia, allotting 9 qualities each respectively to the appellant and respondent ..... the trade mark is registered. he also referred to section 29(1) which provides that the use of an identical trade mark is an infringement. he then referred to section 30(1)(d) of the act which protects the registered proprietor who uses a registered trade mark from being sued for .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-08-2003
Reported in : 2003(3)MhLj131
..... visits the temple to worship the deities, and therefore, they come within the definition of person having interest, as defined under section 2(10) of the trust act. clause (a) of sub-section (10) of section 2 clearly states that ...... 'a person who is entitled to attend or is in the habit of attending the performance of ..... a scheme of shri shukleshwar deosthan, wathoda shukleshwar and passed the judgment and order dated 3rd june, 1993.5. in the application filed under section 72 of the trust act, the learned joint district judge after hearing the learned counsel for the parties and examining the report found that the impugned order passed by the ..... of the assistant charity commissioner dated 3rd june, 1993 passed by the assistant charity commissioner, amravati on the application made by the respondents under section 50-a of the trust act, for framing scheme.3. the subject-matter of the dispute relates to shri shukleshwar deosthan of wathoda shukleshwar. the indisputable facts are that the .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-03-2003
Reported in : 2003(6)BomCR626; 2004(2)MhLj252
..... points, it is necessary for us first to refer to the definition of the word 'cinema' as is given in maharashtra cinemas (regulation) rules, 1966, framed under section 9 of the bombay cinemas (regulation) act, 1953. clause (c) of rule 2 of these rules define cinema. it means any place where an exhibition by means of cinematograph is given. the rules nowhere ..... trust the respondent no. 2 is the planning authority for the areas within the nagpur municipal corporation limits. this finds support from the provision of section 2(15)(c)(iii) of the maharashtra regional and town planning act, 1966 (hereinafter referred to as 'the mrtp act' for the purposes of brevity). prior to that municipal corporation of the city of nagpur did also .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-13-2003
Reported in : [2004(101)FLR1133]; 2004(2)MhLj519
..... in relation to an industry carried on by or on behalf of a local authority, the chief executive officer of that authority;'9. wages is defined by section 2(rr) of the act, reads as follows :--' 'wages' means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or ..... throughout the period of his employment by the respondent but there were periods of time when he was paid under the e.g.s. fund under section 12 of maharashtra employment guarantee act, 1977.4. it appears that the petitioners produced two muster rolls, one of workman engaged by the department, and another, of those provided ..... according to petitioners, the respondent had not completed 240 days of service. according to respondent, it was not necessary to comply with section 25-f and 25-g of the industrial disputes act because the respondent had not been in continuous service for a year as contemplated by those provisions. the petitioners contended that the respondent .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-14-2003
Reported in : 2004(1)BomCR69
..... advocate general appearing on behalf of the respondents submitted that this dispute is essentially for the specific performance and the prayer will be governed by section 16(c) of the specific relief act, 1963. section 16(c) bars the grant of relief of specific performance in favour of a person who has failed to plead and prove that he ..... not allotting the flat. as far as this aspect is concerned, the learned advocate general has drawn our attention to section 21(2) of the specific relief act which provides for award of compensation in certain cases. section 21(2) provides that if in case the court decides that the specific performance ought not to be granted but ..... as question of limitation is concerned, the learned single judge has erred inasmuch as under section 92(1)(b) of the maharashtra co-operative societies act, period of six years was available for raising the dispute from the date on which act or omission with respect of which the dispute had arisen took place. in the instant case .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-04-2003
Reported in : I(2005)DMC445
..... rightly concluded that the appellant was the cause for abetting deceased to commit suicide.13. the learned trial judge has quoted section 113 of indian evidence act, 1872 (hereinafter referred to as evidence act for convenience) which reads:'when question is whether the commission of suicide by a woman had been abetted by her husband and ..... pouring kerosene on her body. the trial court concluded that the appellant abetted her to commit suicide. the trial court held him guilty for offence punishable under sections 306 and 498 of indian penal code and inflicted sentence on him as mentioned above.9. mr. agandsurve, counsel for appellant submitted that the trial court ..... and sentence passed by the 4th additional sessions judge, sholapur, in sessions case no. 180 of 2000, whereby the appellant was convicted for offence punishable under section 306 of indian penal code and sentenced to undergo rigorous imprisonment for five years and to pay fine of rs. 2000/-, in default to suffer further rigorous .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-20-2003
Reported in : 2003(1)ALLMR1152; 2003(3)BomCR56; 2003(2)MhLj413
..... to the nature of the land. it statesthat the land in question is not agricultural landsand, therefore, could have been only distributed undersection 27 sub-section (9). now under the act, theland is distributed under section 27 of the act.section 27(1) reads as follows:-'27.(1) subject to any rules made inthis behalf, land (other than grazingland or tank land or land notified ..... ofmaharashtra and anr., reported in 1986 m.l.j. 528.this court upheld the decision of the tahsildar actingas chairman and held that this is recognised bysub-section (6) of section 2ao of the act. thecollector has further set aside the allotment on theground that the petitioner is not landless even thoughthe allotment order itself did not grant the lands tothe petitioner because .....
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