Court : Mumbai Nagpur
..... notices between the parties wherein the allegations were made against each others. thereafter the respondents filed suit before district munsif of coimbatore. an application under section 8 of the arbitration act was filed by the appellant before the court, the same was rejected. against that, the civil revision application was filed before the madras high ..... the present dispute faced by us, the appellant had made serious allegations against the respondents alleging him to commit malpractices in the account books and manipulate the finances of the partnership firm, which, in our opinion, cannot be properly dealt with by the arbitrator. as such, the high court was justified in dismissing the ..... 3 scc 229 in support of his submissions. he also relies on the judgment in the case of booz allen and hamilton inc. v/s. sbi home finance ltd. and others (supra), which is also relied on by the appellants. the learned counsel further submits that all the four essential conditions for referring the .....
Tag this Judgment!Court : Mumbai Nagpur
..... .l.j. (sc) 676=(2006) 6 scc 39, wherein it was held: 30. applying the said definitions of 'proved' or disproved' to the principle behind section 118 (a) of the act, the court shall presume a negotiable instrument to be for consideration unless and until after considering the matter before it, it either believes that the consideration does not ..... complaint is filed by m/s. shankar finance and investments, a proprietary concern of sri atmakuri sankara rao, represented by its power of attorney holder sri thamada satyanarayana. it is therefore evident that the complaint is in the name of and on behalf of the payee. section 142 (a) of the act requires that no court shall take cognizance of ..... of n.i. act towards dishonour of cheque for offence under section 138 thereof in the name of the principal for signing for and on behalf of the principal. 36. in the case of m/s. shankar finance and investments v. state of andhra pradesh and ors., reported in air 2009 supreme court 422, the hon'ble supreme .....
Tag this Judgment!Court : Mumbai Nagpur
..... 8 of the arbitration and conciliation act, the apex court has held as under : "17. ... an analysis of section 8 would show that for its applicability ..... . in para 17 of the said judgment, after reproducing section ..... ) of section 8 of the arbitration and conciliation act would be maintainable. as to point no.(2) : 18. both the learned advocates have taken me through the judgment of the apex court in the case of branch manager, magma leasing and finance limited and another v. potluri madhavilata and another, reported in (2009) 10 scc 103 .....
Tag this Judgment!Court : Mumbai Nagpur
..... 2007 and 2008 2009. learned counsel further submitted that reasons were supplied to the petitioner undisputedly after four months of the issuance of notices under section 148 of the act. the learned counsel submitted that though the respondents have attempted to explain the delay occurred in supplying the reasons for reopening the assessment, the reasons so given ..... the reopening of an assessment for an earlier year.? the learned counsel submitted that in the case of rabo india finance ltd. vs deputy commissioner of income tax and others (supra) also the notice under section 148 was set aside on the ground that later a different view was taken by the successor officer on the ..... ao.? 32. in light of the facts of the present petitions, we find mr. dawdas reliance on the above judgments to be entirely misplaced. in rabo india finance ltd. vs deputy commissioner of income tax and others (supra) the assessee had placed all the material before assessing officer and where there was a doubt even .....
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..... to the jurisdiction of the civil court and mere filing of reply to the application for interim injunction cannot preclude the defendant from seeking reference under section 8 of the said act. he further submitted that the affidavit dated 03.10.2001 was filed for opposing the relief sought in the injunction application and it did not amount ..... the dispute. in that regard he placed reliance on the judgment of the supreme court in (2011) 5 scc 532 booz allen and hamilton inc. v. sbi home finance limited and others and (2006) 7 scc 275 rashtriya ispat nigam ltd. and another v. verma transport co. he then submitted that the trial court rightly rejected the ..... . reading of the entire affidavit does not indicate that the same can be treated as a first statement on the substance of the dispute as per section 8 of the said act. as observed by the supreme court in aforesaid decisions such statement should indicate the unequivocal intention of the defendant to contest the proceeding in the civil .....
Tag this Judgment!Court : Mumbai Nagpur
..... to be reviewed by the high court. moreover such a right of review is now statutorily conferred on the high court by sub-section (2) of section 8c of the kerala act. the legislature has taken care to confer the jurisdiction to review on the high court as to such appellate orders, also against ..... the teachers working in the ayurvedic, unani and homeopathic aided institutions from a particular date as determination of such date essentially depends upon various factors including finance, budgetary provisions and therefore belongs to the province of policy decision. other obligations of executive to public at large and hence, need of its conscious ..... registrar, the controller of examinations, the director of sub-campuses of the university, director-board of college and university development, librarian of university library, the finance and accounts officer, the director of students welfare and such other officer in services of university as may be prescribed by the statutes framed by senate of .....
Tag this Judgment!Court : Mumbai Nagpur
..... would fall within the ambit of said clause 27 and would, therefore, be arbitrable. it would, therefore, be for the respondent to file proceedings under section 9 of the said act seeking appropriate directions against the petitioners either pre-arbitration or during pendency of the arbitration. however, the suit filed for the reliefs sought as mentioned hereinabove ..... booz allen and hamilton inc. (supra) is concerned, though the said judgment lays down the guidelines for the court whilst considering an application under section 8 of the said act filed by a party, it has also been held in the said judgment that generally and traditionally all disputes relating to rights in personam are ..... referred to the guidelines, which have been laid down by the apex court in the judgment in the matter of booz allen and hamilton inc. vs. sbi home finance limited and others {(2011) 5 scc 532} and especially para (19) thereof was relied upon. iii) the learned senior counsel contended that for non compliance of .....
Tag this Judgment!Court : Mumbai Nagpur
..... , which is required to be affiliated to the zilla karmachari sahakari pata sansthancha sangha maryadit, bhandara, attracting the provision of consultation under sub-section (1) of section 78 of the said act. the affidavit should also state as to why the bhandara district central co-operative bank cannot be termed as a federal society so far ..... -10-2013. it is the specific stand taken in the affidavit as under: (a) the bhandara district central co-operative bank, bhandara is a central financing agency classified as co-operative bank and sub-classified as central bank, whereas the classification of the respondent no.4-society is resource society and sub-classified ..... that there existed two federal societies, viz. the said bank and the said sangh, to which the respondent no.4-society was affiliated. the authority acting under section 78 was also under impression that there existed two federal societies, to which the respondent no.4-society was affiliated, and hence the consultation was sought .....
Tag this Judgment!Court : Mumbai Nagpur
..... management of the trust or the institutions and such a power could be exercised by the charity commissioner under section 41a of the b.p.t. act, 1950. 23. in the case of reserve bank of india...versus...peerless general finance and investment co. ltd. and others, reported in air 1987 supreme court 1023 as to the mode of ..... are performing judicial functions or in respect of some provisions; the quasi-judicial functions. that is evident from the reading of several provisions of the b.p.t. act, 1950, namely sections 22, 22a, 22b, 22c, 41a, 41d, 41e, 50, 50a and 51. if these provisions are carefully perused, it will be seen that the enquiry required ..... of making such direction subject to other provisions will be defeated and those words would become nugatory. 40. change brought in scheme of bpt act by adding section 41-a also warrants attention. section 41-a as added in gujarat does not employ following words - and the charity commissioner may also give directions to the trustees or such .....
Tag this Judgment!Court : Mumbai Nagpur
..... .l.j. (sc) 676=(2006) 6 scc 39, wherein it was held: 30. applying the said definitions of 'proved' or disproved' to the principle behind section 118 (a) of the act, the court shall presume a negotiable instrument to be for consideration unless and until after considering the matter before it, it either believes that the consideration does not ..... is filed by m/s. shankar finance and investments, a proprietary concern of sri atmakuri sankara rao, represented by its power of attorney holder sri thamada satyanarayana. it is therefore evident that the complaint is in the name of and on behalf of the payee. section 142 (a) of the act requires that no court shall take cognizance of ..... of n.i. act towards dishonour of cheque for offence under section 138 thereof in the name of the principal for signing for and on behalf of the principal. 36. in the case of m/s. shankar finance and investments v. state of andhra pradesh and ors., reported in air 2009 supreme court 422, the hon'ble supreme .....
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