Court : Mumbai Nagpur
..... it is in this situation, when after following due procedure the amount could not be paid, application before learned company judge came to be filed under section 439 of the companies act. 7. learned senior counsel submits that after demerger, its legal entity has come into existence and amount payable is by one company to other company ..... available to kill the artificial persons so born or to defeat the arrangement through which they are born. various other persons and instrumentalities like investors, bankers and financers may have altered their positions after such merger and demerger. this situation cannot be lost sight of. 14. when prima facie an arbitration clause or a ..... money, while dismissing the special leave petition in limine by a reasoned order. (2011) 5 scc 532 (booz allen and hamilton inc. vrs. sbi. home finance ltd. and others), is the judgment of hon'ble apex court which in paragraph no.36 points out well recognized examples of non arbitrable disputes. insolvency and winding .....
Tag this Judgment!Court : Mumbai Nagpur
..... it is in this situation, when after following due procedure the amount could not be paid, application before learned company judge came to be filed under section 439 of the companies act. 7. learned senior counsel submits that after demerger, its legal entity has come into existence and amount payable is by one company to other company ..... available to kill the artificial persons so born or to defeat the arrangement through which they are born. various other persons and instrumentalities like investors, bankers and financers may have altered their positions after such merger and demerger. this situation cannot be lost sight of. 14. when prima facie an arbitration clause or a ..... money, while dismissing the special leave petition in limine by a reasoned order. (2011) 5 scc 532 (booz allen and hamilton inc. vrs. sbi. home finance ltd. and others), is the judgment of hon'ble apex court which in paragraph no.36 points out well recognized examples of non arbitrable disputes. insolvency and winding .....
Tag this Judgment!Court : Mumbai Nagpur
..... said ground, the petitioner urges that state can not been given power to determine the class of dealers who should pay lbt. they point out section 149 and section 152b of the corporation act to contend that such power to determine the class/es of persons liable to pay lbt or exempt therefrom, is with respondent no.2 nagpur municipal ..... city limits. 26. petitioners do not challenge the constitutionality or legality of the levy i.e., lbt on any ground whatsoever. the levy and the relevant sections of the corporation act are already held valid by the division bench of this court in its judgment municipal labour union vs. state of maharashtra (supra) delivered at bombay on 1 ..... held to be intra vires by this court. the respondents in the state appeals can raise this question if so advised when the notification is issued under section 1(3) of the act bringing chapter iv into force. however, the appellant chander shekhar singh was a party to the decision in state of orissa v. chander sekhar, and .....
Tag this Judgment!Court : Mumbai Nagpur
..... enforcement of exhibit-156, it is apparent, that the said contention is misconceived. the defendants/land owners have invited our attention to the provisions of section 50 of the registration act, to urge that in such situation, registered documents like exhibit nos. 136 to 141 only take effect and must be given primacy as against unregistered ..... document at exhibit-156. we do not find it necessary, to delve on that aspect while considering this issue. the impact of section 50 of the registration act is being considered while resolving point no.4, mentioned supra. however, the original time schedule as envisaged in paragraph no.2 of registered agreement ..... on 14.01.2005. similar arguments on helping hand provided by the plaintiff to the defendants to repay their loans to the state bank of india, sicom, maharashtra state finance corporation, etc. are not relevant. as to point no. 5:--- 62. we briefly refer here to the other judgments cited by adv. dangre. (2015) 1 scc .....
Tag this Judgment!Court : Mumbai Nagpur
..... accepted only if the court comes to the conclusion that the child understands the question put to him and he is capable of giving rational answers (see section 118 of the evidence act). a child witness, by reason of his tender age, is a pliable witness. he can be tutored easily either by threat, coercion or inducement. therefore ..... by learned additional sessions judge, chandrapur, in sessions case no. 2 of 2013 convicting the appellant subhash balkrushna buradkar of the offences under sections 9 and 10 of the protection of children from sexual offences act, 2012, and sentencing him to undergo rigorous imprisonment for five years and to pay a fine of rs. 2,000/-, in default, ..... further rigorous imprisonment for one month, and also for the offence under section 354-a of indian penal code, the present appeal has been .....
Tag this Judgment!Court : Mumbai Nagpur
..... may be, or had ceased to be such member or public servant; or (d) if the murder is of a person who had acted in the lawful discharge of his duty under section 43 of the code of criminal procedure, 1973, or who had rendered assistance to a magistrate or a police officer demanding his aid or requiring ..... . but this much can be said that in order to qualify for inclusion in the category of "aggravating circumstances" which may form the basis of 'special reasons' in section 354 (3), circumstance found on the facts of a particular case, must evidence aggravation of an abnormal or special degree. 204. dr. chitaley has suggested these mitigating factors ..... u. s. a. framed after furman v. georgia, in general, and clauses 2 (a), (b), (c), and (d) of the indian penal code (amendment) bill passed in 1978 by the rajya sabha, in particular, dr. chitale has suggested these "aggravating circumstances" : "aggravating circumstances : a court may, however, in the following cases impose the penalty of death in .....
Tag this Judgment!Court : Mumbai Nagpur
..... prosecutor for the state submitted that the learned trial judge has taken a lenient view and has imposed lessor punishment than ordinarily awarded for the offence punishable under section 304i of i.p.c. he further submitted that from the quality of evidence, it is crystal clear that the appellant was having intention to cause death ..... law. a charge was framed against the appellant by additional sessions judge, chandrapur in sessions case no. 130 of 2012 vide exh.6 for the offence punishable under section 302 of the indian penal code. in order to bring home the guilt of the appellant, the prosecution, during the course of the trial, examined six prosecution ..... mutton. conclusion: 9. the intention can be gathered from the attending circumstances. the intention is mental process. it has to be gathered from the act of a person to which he had rather acted to the situation. in the present case, the deceased has given a slap to the appellant. the deceased was elder brother of the appellant. .....
Tag this Judgment!Court : Mumbai Nagpur
..... ) the hon'ble supreme court has laid down as follows: 15. difference between section 34 of the arbitration act, 1940 and section 8 of the 1996 act is distinct and apparent. section 8 of the 1996 act makes a radical departure from section 34 of the 1940 act. the 1996 act was enacted in the light of uncitral model rules. 16. we need not dilate ..... 2002, and, in our view, to constitute an arbitration agreement between the parties and the action taken on behalf of the appellant and in view of section 7 of the act and considering the principles laid down by the aforesaid two decisions of this court, as noted herein earlier, we are of the view that the arbitration agreement ..... exims ltd. vs. sri lakshmi knits and wovens, reported in (2007) 3 scc 686. ii) judgment given in the case of branch manager m/s. magma leasing and finance ltd. .vs. potluri madhavilata, reported in air 2010 sc 488. it is submitted that in the present case all the requirements, necessary for referring the parties to arbitration, .....
Tag this Judgment!Court : Mumbai Nagpur
..... year 2008 as stated hereinabove to place the proposal before the cabinet for its approval, however, on perusal of the subsequent noting by the additional chief secretary (finance) it was noted that the grievances of pay of driver would be taken up after government takes decision regarding applicability of 6th pay commission recommendation. the said ..... we could have very well directed the chief secretary to place the aforesaid proposal before the cabinet for considering as proposal sent by the hon ble minister of finance and planning has been approved by the hon ble chief minister. however, the learned additional government pleader assures us that she will speak to the chief ..... articles 14 and 16 of the constitution. right to equality not only means right not to be discriminated against but also protection against any arbitrary or irrational act of the state. equality before law under article 14 declares that every one is equal before law, that no one can claim special privileges and that .....
Tag this Judgment!Court : Mumbai Nagpur
..... .2 for issuance of the authorization, in form a2. the learned senior counsel took this court through the relevant provisions of the act of 2005, specially, the provisions of section 2(c), section 11 and section 13 and rule 2(zd) of the rules of 2006 to substantiate his submission. it is submitted that in view of the ..... of the unit on which the unit desires to claim exemption from service tax from the 'approval committee'. the approval committee constituted under the provisions of section 13 of the act of 2005 and which comprises of responsible officers had granted approval to the list of services for which the petitioner desired to claim exemption from service ..... ) in warora. the unit of the petitioner is governed by the provisions of the special economic zones act, 2005 (hereinafter referred to as the act of 2005 ?). by a notification issued by the government of india, ministry of finance in the year 2009, all sez units were exempted from payment of service tax utilized for the authorized .....
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