Court : Mumbai
Decided on : Feb-26-2003
Reported in : 2003(3)ALLMR201; 2003(5)BomCR790; 2003(4)MhLj50
..... decision of the apex court in qudrat ullah v. municipal board, barielly, reported in : [1974]2scr530 , and to contend that provisions of the old rent act, be it section 15a or any other provision, it only provides for a procedural disability to the landlord and it does not create any substantive right as such in favour of ..... , the operation of this principle is subject to any saving which may be made, expressly or by implication, by the repealing enactment. further, referring to section 3 of the repealed act, which provided that 'no suit shall, without the permission of the district magistrate, be filed in any civil court against a tenant for his eviction from ..... petitioners cannot claim to be the tenant or deemed tenant in relation to the suit premises and further that with the repeal of the old rent act the provisions of section 15a thereof also stands repealed and therefore the status or character of the petitioners is resorted to that of the licensees. as the petitioners licence was .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-07-2003
Reported in : 2003(4)BomCR588
..... animals. it will, therefore, be clear that firstly, destruction of stray dogs does not amount to giving any cruelty to animals as provided by sub-section (3) of section 11 and, secondly, the object of the act and also the object of promotion of animal welfare board is to prevent unnecessary pain and suffering. it is clear, therefore, from the wordings that if ..... and the danger posed and menace caused by the stray dogs requires to be checked by resorting to the provisions of sub-section (3) of section 11 of the prevention of cruelty to animals act and the other provisions of the municipalities act or whether elimination or killing of the stray dogs has to be totally prohibited inspite of the aforesaid provisions.42. therefore .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-24-2003
Reported in : 2003(2)ALLMR528; 2003(4)BomCR804; (2003)IILLJ598Bom
..... that the delegation of powers to respondent no. 2 by the principal secretary (labour) was a delegation as contemplated under section 39 of the act. plain reading of section 39 of the act and the notification issued thereunder, shows that it is one time delegation to the commissioner of labour and no fresh notification ..... was lawfully authorised to perform all functions and duties of the commissioner of labour, including the functions delegated to the commissioner under notification issued under section 39 of the act. the joint commissioner de facto, therefore, was not a mere usurper but one who held office under colour of lawful authority, even if ..... in particular submitted that the second respondent had not. been delegated powers under section 25-o of the act by the 'appropriate government' contemplated under section 39 of the act. section 39 of the act clearly mandates that the power exercisable under the act shall be exercised by an authority as specified in the notification. it is .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-30-2003
Reported in : 2003(4)ALLMR139; 2003(6)BomCR65; 2003(4)MhLj264; 2003(27)PTC538(Bom); [2003]45SCL362(Bom)
..... not a design as defined in clause (b) of clause 2 of the proposed legislation, the provision contained in sub-clause (b) of sub-section (1) of section 51a of the existing act is proposed to be amplified in order to consider the prior publication on global basis instead of regional basis, i.e. in india.the said ..... registration. the plaintiffs are, therefore, not entitled to an injunction on the ground of infringement of the design in view of the provisions of section 19 read with section 21 of the designs act, 2000. the learned counsel for the plaintiffs at one stage disputed the fact of publication of the design in india and abroad on the ..... is not significantly distinguishable from non designs or combination of non-designs or comprises or contain scandalous or obscene matter.clause 5.--this clause corresponds to section 43 of the existing act and deals with application of registration of designs. the existing clause has been modified in order to register any design which is new or original .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-18-2003
Reported in : IV(2004)BC54; 2004(5)BomCR891; [2004]120CompCas315(Bom); (2004)1CompLJ350(Bom); 2004(2)MhLj707; [2004]55SCL706(Bom)
..... found that net worth of the company has been eroded due to huge losses and that the company had become sick industrial company within the meaning of section 3(o) of the act. a reference was made to the board only on 11 august, 1999. the board held that the reference was belated and the intention of the ..... of directors of the company to file a reference before finalisation of accounts in annual general meeting. that enabling provision will not preclude the petitioner company under section 15(1) of the act to file a reference after the annual general meeting. therefore, the finding of the board that the reference was not filed within 60 days -- is totally ..... up for hearing.4. on behalf of the petitioner company, mr. datar strenuously contended that the board completely misconstrued the provisions of section 15(1) of the act. according to mr. datar, the plain reading of section 15(1) shows that the time limit of 60 days mentioned therein is to indicate an obligation cast on the directors of .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-13-2003
Reported in : 2003(3)BomCR465; 2003(2)MhLj316
..... .being aggrieved by the order passed by the management, thepetitioner approached the school tribunal, amravati region, byfiling appeal no. 43 of 1984 under section 9 of the act. thepresiding officer of the school tribunal vide an order datedjanuary 16, 1986 partly allowed the appeal filed by thepetitioner holding that the order of termination ..... observed that even if it is assumedthat polytechnic is a school, it cannot be said that to be aprivate school as defined in section 2 (20) of the act andthe provisions of the act, therefore, could not be invoked.in mohd. israr siddique, (writ petition no. 1527 of 1987)decided on november 30, 1990, ..... run by them were eitherestablished or administered by government or a localauthority. hence, they were private schools within themeaning of section 2 (20) of the act.42. in our judgment, clause (24) of section 2 is very importantand material. it defines 'school', which imparts inter aliatechnical education. it thus expressly and unequivocallycovers all .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-04-2003
Reported in : 2003(2)ALD(Cri)131; 2003BomCR(Cri)1553; 2003CriLJ4152; 2003(4)MhLj91
..... designated court. this advantage of the prosecution and dis-advantage of the accused is not available under the regular law namely the code and the evidence act. this section therefore creates a right in the prosecution to use a confession if made to a superintendent of police and recorded by him as it is made admissible ..... we construe interlocutory order in ordinary parlance it would indicate the attributes, mentioned above and this is what the term interlocutory order means when used in section 11(1) of the act.14. we have already observed how the order is not an interlocutory order. the impugned order finally decides the right of prosecution to withdraw the ..... could have been claimed to be an interlocutory order. however the present respondents including suresh kalani filed an appeal before the supreme court of india under section 19 of the act. appeals were also filed in the supreme court of india by the state of maharashtra challenging the finding recorded by the special court that on .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-27-2003
Reported in : 2003(5)BomCR743; 2003(4)MhLj391
..... india rules. the court after considering its earlierdecisions in maqbool's case and ramesh chandra mehta's case reiterated thatsuch statement is not excluded under section 25 of the evidence act as thecustoms staff has merely to make a report in relation to offences which are to bedealt with by a magistrate. the customs officer therefore ..... can be said to be pending on accountof arrest or release on bail of a person concerned. as there was no complaint filedagainst the petitioners under section 135 of the customs act, the mseb was notright in disqualifying the petitioner under clause 6.6 of the tender. in support ofthis submission mr. chagla relied upon the ..... has no bearing on theissue involved in the present case. in the present case it is an undisputed positionthat no complaint has been filed under section 135 of the act against the 1stpetitioner or its officers. taking into consideration the facts and circumstances ofthe present case it is not possible to hold that there were criminal .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-07-2003
Reported in : AIR2004Bom283; 2004(1)ALLMR278; 2004(2)BomCR767; II(2004)DMC321; 2003(4)MhLj1019
..... in those matters. it was observed : 'the court has also power in such proceedings to make an order of permanent alimony or maintenance under section 25 of the act. the act confers wide powers on the matrimonial court so as to regulate matrimonial relationship between the parties and such powers are to be exercised by the ..... and therefore, govindrao had approached this court. it was contended on behalf of appellant that the words 'wife' and 'husband', used in sub-section (1) of section 25 of hm act, must be construed in their strict dictionary sense and so construed would mean only a legally wedded hindu wife and legally wedded hindu husband. it ..... only wife, who establishes to be 'legally wedded wife' for maintenance?' in brief, we are required to define 'wife' as used in section 25 of hindu marriage act.14. section 25(1) of hindu marriage act reads as follows, which is quoted in analyzed form for convenient consideration : '25. permanent alimony and maintenance. -- (1) any court exercising .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-27-2003
Reported in : 2003(4)BomCR529
..... raised in the petition is that deboarding of the petitioners on 16th april, 2001, was illegal and, therefore, all the subsequent enquiries held are contrary to section 212 of the act of 1958. we are not at all in agreement with the objections raised and submissions made by the learned counsel for the petitioners.19. the next point ..... them to the police station on 16th april, 2001, amounted to leaving them behind or amounted to their discharge. the order of discharge is passed under section 121 of the act of 1958.16. thereafter the petitioners were called upon by letter dated 19th june, 2001 to submit their explanations in writing within 48 hours and to show ..... despite various chances given to them, and, therefore, the agreement was dissolved as it was no longer viable. therefore, discharge of the petitioners was granted under section 121 of the act of 1958. the order also shows that the crew were to be paid all wages upto and including 2nd may, 2001. learned counsel for the petitioners relied .....
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