Court : Mumbai
Decided on : Jul-29-2003
Reported in : 2003(6)BomCR30
..... as stated earlier, in this suit the plaintiff has sought an injunction restraining the defendants from communicating groundless threats and they seek protection of section 120 of the trade an merchandise marks act, 1958. by the notice of motion, the plaintiff i.e. glenmark pharmaceuticals ltd. seeks the interim relief of an injunction restraining the ..... compliance with the plaintiff's request and have reiterated their demand. the demand is set out in their notice dated 10-10-2000. section 120 of the trade and merchandise marks act, 1958 reads as follows:-120. groundless threats of legal proceedings.-(1) where a person, by means of circulars, advertisements or otherwise, ..... assignment being by a purported owner of the trade mark, i am of view that glenmark pharmaceuticals ltd. is entitled to protection under section 120 of the trade and merchandise marks act. the threat is not based prima facie on any legal right and moreover, as discussed above, milichem laboratories, which is merely a .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-17-2003
Reported in : 2004CriLJ987
..... which are shown and described in the annexure-a annexed with the affidavit. mr. loney, further states that the petitioner was convicted earlier in as many as four offences under sections 457, 380 of the i. p. c, it is contended that the petitioner who has a definite tendency towards crime and therefore as per sub-clause (5) of rule 5 .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-21-2003
Reported in : 2003(5)BomCR421; [2003]116CompCas1(Bom); [2003]43SCL449(Bom)
..... latest financial position of the companies as they had not produced the latest auditor's report and the latest balance sheet as required under proviso to sub-section (2) of section 391 of the companies act and therefore, the scheme ought not to have been sanctioned by the court. point no. 6 : the scheme of arrangement was unfair to the ..... point no. 2 22. dividend in respect of preference shares was unpaid for a period of more than two years. under clause (b) of sub-section (2) of section 87 of the companies act, the preference shareholders were therefore, entitled to vote on every resolution at any meeting of the company. the government of india was entitled to vote on ..... unpaid dividends for more than two years, had a right to attend and vote at the meeting of the creditors. clauses (b) and (c) of sub-section (2) of section 87 of the act, read as under :'(b) subject as aforesaid, every member of a company limited by shares and holding any preference share capital therein shall, in respect of .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-11-2003
Reported in : 2004(2)ALLMR193; 2004(2)MhLj674
..... parties to the twin requirement under section 88-c of the act. whereas, the certificate under section 88-c of the act is issued in favour of landlord who has qualified the requirement as obtained on 1st april 1957, and that position ..... the apex court has clearly held that once the certificated landlord issues notice terminating the tenancy and proceeds to file application for possession under section 33-b read with section 29 of the act, the exemption certificate gets exhausted. once the exemption certificate gets exhausted, there would be no occasion for the authorities to relegate the ..... possession on the basis of such certificate, then, the right of the landlord gets crystallised and the exemption certificate issued in his favour under section 88-c of the act gets exhausted. this position is enunciated by the apex court in recent decision in the case of moreshwar balkrishna pandare and ors. v. vithal .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-05-2003
Reported in : (2003)180CTR(Bom)497; [2003]263ITR345(Bom); [2003]44SCL239(Bom)
..... erstwhile firm. that allotment of shares had no correlation with the vesting of the properties in the limited company under part lx of the act. lastly, section 45(1) and section 45(4) are mutually exclusive. under section 45(4) in cases of transfer by way of distribution and where such transfer is as a result of dissolution, the department is ..... case we are concerned with the assessment year 1996-97. therefore, in this case, we are not concerned with clause (xiii) inserted by finance (no. 2) act, 1998 in section 47 under which it is provided that where a firm is succeeded by a company in the business carried on by it as a result of sale or otherwise ..... it was argued that the fair market value of the assets on the date of the transfer represented the full value of the consideration received/accrued under section 48 of the act. in the circumstances, it was argued that the value of the assets transferred to the limited company represented full value of the consideration which expression finds .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-28-2003
Reported in : 2004(2)ALLMR416; 2004(3)BomCR98; 2004(1)MhLj890
..... 6 was alive to this position and it appears to us that the learned single judge exercised his power in the pending suit under section 24 of the arbitration act, 1940. section 24 of the act of 1940 makes a provision for reference to arbitration by some of the parties. it provides that where some of the parties to a ..... passed the order of reference to arbitration on the basis of consent terms between plaintiffs and defendants 1 to 6 in exercise of the powers under section 24 of the arbitration act, 1940. the entire argument of the learned senior counsel for the appellants that the arbitrator had no jurisdiction to entertain the reference as the reference ..... parties interested had not joined in the reference is based on fallacious assumption that the reference was made only and solely under section 21 of the arbitration act, 1940. it overlooks and ignores section 24 of the act of 1940, purportedly in exercise whereof the order dated 15-3-1991 came to be passed. the contention of the learned .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-16-2003
Reported in : 2004(1)ALLMR231; 2004(5)BomCR429; 2003(4)MhLj1002
..... rule 3 relating to the qualifications and appointment of head shall mutatis mutandis apply to the post of assistant head and supervisor.7. sub-section (9) of section 2 of the meps act defines the head of a school. it is inclusive definition. head of a school or head includes principal, vice principal, head master, head ..... school. he is required to be invested with certain powers, functions and duties of administrative and academic nature. the expression 'head of a school' under section 2(9) of the act takes in its sweep principal, vice principal, head master, head mistress, assistant head master, assistant head mistress and superintendent and no other employee, by ..... to be appointed from amongst female staff by virtue of expression 'mutatis mutandis' and inclusive definition. no doubt, the definition of head under section 2(9) of the meps act is inclusive but the purpose is altogether different. even the superintendent from the category of non-teaching post is included in the definition of .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-30-2003
Reported in : (2004)ILLJ895Bom; 2004(2)MhLj547
..... the benefits may be extended and such establishments would also fall within the latter part of the expression, 'or has been set up' used in section 16(1)(d) of the act. section 16(1)(d), essentially applies to establishment newly set up after the coming into effect of the said provision on the statute book, though the enforcement ..... already accrued to the existing establishments cannot be denied merely because there had been amendment to the provision related to the period of infancy in the said act. as already seen above, section 16(1)(d) was deleted with effect from 11th september, 1997. however, at the same time, it has nowhere been provided that the deletion will ..... bonus and for conditions of service in general could not lead to the conclusion that all the branches should be treated as one unit for purposes of section 25-g of the act.'9. the second point which arises for consideration is whether the petitioner is entitled to claim infancy protection for a period of three years from the .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-25-2003
Reported in : 2004(4)BomCR438
R.M.S. Khandeparkar, J.1. Heard the learned Advocates for the parties. Rule. By consent, the rule made returnable forthwith.2. The petitioner challenges the judgment and order dated 30-6-203, passed by the Industrial Court dismissing the complaint (ULP) No. 1091 of 2002 which was filed by the petitioner. The contention of the petitioner is that in the service records of the petitioner, her birth date was recorded only with reference to the year of her birth and there was no recording of the complete date of birth and that the same discloses the year 1943 only and therefore the petitioner could have been superannuated only on 31-12-2003 and not prior to that day. The contention, therefore, is that the petitioner has been illegally declared as superannuated on 31-12-2002. On the other hand, it is the case of the respondents that the service records of the petitioner with the respondents clearly disclose the date of birth of the petitioner to be 1-1-1943.3. The Industrial Court on analysi...
Tag this Judgment!Court : Mumbai
Decided on : Dec-17-2003
Reported in : AIR2004Bom129; 2004(2)ALLMR31; 2004(5)BomCR904; 2004(2)MhLj636
..... no. 8-architect, for preparation of building proposal for construction of gymnasium and swimming pool, keeping in mind the provisions of section 44 of the maharashtra regional and town planning act, 1966. being the local authority, it was exempted from making an application in writing for permission to carry out development on ..... was illegal and contrary to law. it was also stated that tenders ought to have been invited by observing the provisions of section 79 of the bombay provincial municipal corporations act, 1949. according to the petitioner, the sports complex had been constructed in 'green belt' wherein no such construction was permissible.16 ..... connection it may be profitable to refer to the relevant provisions of the act. chapter viii of the act deals with municipal property. whereas sections 76 to 78 provide for acquisition of property, sections 79 to 81 with disposal of property. section 79 enacts that with respect to disposal of property belonging to corporation (other .....
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