Court : Mumbai
..... the respondent no.1- complainant had filed complaints against the applicant, one mr. ketan raj and jeevandeep hospital and critical care centre (hereinafter referred to as jeevandeep hospital) for offence under section 138 of the negotiable instruments act. it is alleged that the applicant and the other two accused were in need of finance and had ..... complying with the mandatory provisions of section 202 cr.p.c. he has placed reliance upon (i) vijay dhanuka v. najima mamtaj [2014 all mr (cri.) 1924 (sc)], (ii) netcore solutions pvt. ltd. v. pinnacle teleservices pvt. ltd. [2013 all mr (cri.) 1377[, (iii) vimal powerloom v. ravi agency [2014 all mr (cri) 1696] ..... offences. the said provision reads as under: section 142.- cognizance of offences - (1) notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974)- (a) no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may .....
Tag this Judgment!Court : Mumbai
..... year old heritage building. 5. the municipal corporation had issued a notice dated 10th october 2003 under section 53 (1) of the m.r.t.p.act calling upon respondent no. 5 to demolish the mezzanine floor as also the additional rooms with intended toilets. petitioners aver that even as per the plans dated 28 june 2001, ..... of m/s.empire royale hotel, empire building, fort, mumbai, as per revised development control regulation 38(6) and take a decision within 2 months of this order. place: mumbai sd/date: 29th june,2009 (ashok chavan) chief minister of maharashtra (emphasis supplied) a conjoint and plain reading of the above ..... to be set aside. accordingly, i pass following order: order 1) appeal is accepted and impugned order of municipal commissioner dated 24/11/08 is set aside. 2) the respondent shall consider the documents submitted by the appellant regarding existence of mezzanine floor before 15/8/97 and process regularization of mezzanine floor on 3rd floor .....
Tag this Judgment!Court : Mumbai Nagpur
..... into small urban area or not, in so far as the provisions of sub-section 2 of section 3 of the said act are concerned, once the condition so specified in sub-section 2 are fulfilled then the state government has no other option than to specify the local area as a smaller urban area and constitute a ..... aggrieved by the notification dated 12.2.2015 issued by the respondent no.1 thereby constituting an area within the amgaon gram panchayat area to be a nagar panchayat as provided under section 341(a) of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 (for short the said act). the petitioner has also sought for ..... direction to the respondent no.1 to declare 'amgaon' constituted urban area, by amalgamating areas of gram panchayats amgaon, bangaon, risama, kumbhartoli, padampur, malhi and kidangipar as amgaon nagar parishad as provided under subsection 2 of section 3 of the act. 3. the facts in brief giving rise to the present .....
Tag this Judgment!Court : Mumbai
..... holder to enjoy the fruits of the decree. 66. our court in (2004 (6) bom. c.r. 356) european investment limited vs. triumph international finance india limited and others has also held that availability of the remedy of the execution proceeding does not bar the contempt proceedings since it is an additional remedy. ..... spcpl (which is admittedly controlled by rakesh)............ 20 .........rakesh who admittedly controlls spcpl started prevailing upon vyas and chaudhari and through them was dealing with the finance and assets of vmpl as per his wishes.......... since vyas and chaudhari have during the interregnum throughout denied access to rkm qua the working and affairs ..... spcpl was not a party to those proceedings. the charge is that the respondents are all acting together and that respondent no.3 controls spcpl and would, therefore, be in a position to, alongwith respondent nos.1 and 2 and respondent no.4 to comply with the order by ensuring that the aforesaid amount was paid by spcpl to .....
Tag this Judgment!Court : Mumbai
..... filed a complaint alleging commission of an offence punishable under section 138 of the negotiable instruments act (n.i.act hereinafter) against the respondent nos.1, 2 and 3 herein. the respondent no.3 is a private limited company and the respondent nos.1 and 2 are the directors thereof. on 29th january 2013, the judicial magistrate first class, vashi, before ..... 5. i have heard shri bhupesh samant, the learned counsel for the appellant. i have heard shri p.d.sampat, the learned counsel for the respondent nos.1, 2 and 3. i have heard shri v.b.kondedeshmukh, the learned app for the respondent state. 6. it would be proper to reproduce the entire order passed ..... of this court in the following cases : i) shriram city union finance limited vs. sudam govind satpute (criminal appeal no.57 of 2010, decided on 8th december 2010) ii) deputy commissioner of income tax, special range 2 vs. state of maharashtra and ors. (criminal application nos.1164 to 1179 of 2012, decided on 13th september 2012) i do .....
Tag this Judgment!Court : Mumbai
..... year in which such tax has been paid. the following proviso shall be substituted for the existing proviso to sub-clause (i) of clause (a) of section 40 by the finance (no. 2) act, 2014, w.e.f 1-4-2015 : provided that where in respect of any such sum, tax has been deducted in any subsequent year, or has been deducted during the ..... -1985 and direct tax laws (amendment) act, 1987, w.e.f. 1-4 ..... by the direct tax laws (amendment) act, 1987, w.e.f. 1-4-1989. earlier, it was amended by the finance act, 1963, w.e.f. 1-4-1963, finance act, 1964, w.e.f. 1-4-1964, finance act, 1965, w.e.f. 1-4-1965, finance act, 1968, w.e.f. 1-4-1969, finance (no. 2) act, 1971, w.e.f. 1-4-1972, finance act, 1984, w.e.f. 1-4 .....
Tag this Judgment!Court : Mumbai
..... flats were also acquired by the original defendant in his own name after surrendering the tenancy in respect of the said property. even if there was any finance provided by the sons to the original defendant, a perusal of the record clearly indicates the same was simplicitor a loan transaction between the original defendant ..... for specific performance in favour of the respondent (original plaintiff. some of the relevant facts for the purpose of deciding this second appeal are as under: 2. it is the case of the appellants that their father krishynarao hampanna lokray had acquired one of the property on tenancy from one rajopadhye. the said tenancy ..... (supra) relied upon by mr.sakhare, learned senior counsel appearing for the appellants is concerned, there is no dispute about the proposition of law laid down by the supreme court. under section 20 of the specific relief act, 1963, the court has to exercise the discretion while considering an application for grant of specific performance or not .....
Tag this Judgment!Court : Mumbai Aurangabad
..... to 29 deals with unfair labour practices. section 26 defines "unfair labour practices" as those which are listed in schedules ii, iii and iv of the act and section 27 states that no employer or union and no employee shall engage in any unfair labour practice. section 28 lays down the procedure for dealing with complaints relating to unfair ..... as to whether there was any agreement, settlement or award purportedly dated 28.11.2000 is concerned, there is no dispute that there was no settlement as understood u/s 2(p) r/w section 18 of the industrial disputes act signed between the petitioner corporation and the union representing the respondents, which could be termed as being a settlement ..... enquiry. 24. thirdly, the industrial court should have appreciated that unless a document amounts to a settlement u/s 2(p) or is an agreement or is an award u/s 2(b) of the industrial disputes act, 1947, no sanctity can be attributed to such a document. item 9 of schedule iv, though has a large compass for .....
Tag this Judgment!Court : Mumbai
..... the petitioner is merely trying to take some advantage of ministerial error in the impugned order, by which, there is reference to section 24 of the hindu marriage act. there is absolutely no merit in the contention and therefore, same is hereby rejected. 6. at the outset, it must be made clear that this court under article 226 or 227 ..... consideration by the family court. 12. the petitioner has placed reliance upon the decision of this court in case of francis milton kevin noronha vs. aloma ana gomes, 2009 (2) allmr 290. at the outset, the said decision is in the context of provisions of the personal laws prevalent in the state of goa. secondly, the fact situation in ..... and rs.5000/- per month for the minor daughter anvita from the date of application, i.e., 23 october 2013 till the final disposal of main petition. 2. mr. sarwate, learned counsel for the petitioner, has submitted that even though the respondents have claimed maintenance under section 18 of the hindu adoption and maintenance .....
Tag this Judgment!Court : Mumbai Goa
..... for drawback rates as specified in the table. the petitioners thereafter filed a revision petition against the said order under section 129dd of the act before the joint secretary to government of india. the respondent no. 2, by its order dated 29.01.2009, rejected the application filed by the petitioners, inter alia, on the ground that the plea of ..... , inter alia, prays for a writ to quash and set aside the order dated 29.01.2009, passe by the joint secretary to the government of india, the respondent no. 2 herein. 3. briefly, the facts of the case as contended by the petitioner are that the petitioners are 100% eou and are engaged, inter alia, in the manufacturer ..... and the commissioner (appeals) have gone into direct application of simple and plain meaning of the wordings of statute of all industry rate drawback schedule along with clause 2(f) of the notification no. 26/2033-cus(nt) dated 01.04.2003. 7. 8. govt. notes in this case that the respondent are claiming two different schemes i.e. .....
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