Court : Mumbai
Reported in : 2003(1)BomCR567; (2003)1BOMLR109; [2003(96)FLR565]; (2003)ILLJ709Bom; 2002(4)MhLj653
..... and, the case of mala fides must be proved on the basis of cogent and sufficient material and that the transfer orders cannot be interfered with lightly. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(4)ALLMR416; 2003(1)BomCR85; (2002)4BOMLR330; I(2003)DMC746; 2002(4)MhLj828
r.m.s. khandeparkar, j.1. heard the learned advocates for the parties. rule. rule made returnable forthwith by consent.2. the applicant/defendant challenges the order dated 28-6-2002, passed by the trial court rejecting the preliminary objection raised by the applicant on the ground of absence of territorial jurisdiction to the court below to entertain the proceedings filed by the respondent/plaintiff.3. it is the case of the applicant that on the face of the plaint it is apparent that the applicant, who is the defendant in the suit, resides at mumbai, beyond the territorial limits of the district of thane. it is further case of the applicant that the pleadings in the plaint apparently disclose that the applicant and the respondent last resided together at goregaon. it is, therefore, sought to be contended on behalf of the applicant that the pleadings nowhere disclose territorial jurisdiction to entertain the proceedings by any court within the district of thane, where the proceedings have been initiated by the respondent. the court below considering the applicability of section 19 of the hindu marriage act, 1955 has rejected the contentions sought to be raised by the applicant and has further held that it is not necessary to decide the said issue as a preliminary issue and the same can be considered along with the other issues in the matter. the impugned order is sought to be justified by the learned advocate for the respondent by placing reliance in the decisions of the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2009Bom103
..... incorporating the foreign concept of 'equally related', and having regard to the fact that section 18 is an exception and a limited exception by the application of which a brother of half blood in entry ii will be excluded, the meaning that should be given in the expression 'if the nature of the relationship is the same in every other respect' is that only if there is a brother of full blood and a brother of half blood, then the brother of full blood will exclude the brother ..... heirs related in any intestate by full blood shall be preferred in heirs related by half blood, if the nature of the relationship is the same in every other respect.9 ..... there is a sister of full blood and a sister of half blood, the former will exclude the latter. ..... to any intestate by full blood shall be preferred to heirs related by half blood, if the nature of the relationship is the same in every other respect.it is plain that a full brother is preferred to a half brother and 3 fujl sister is preferred to a half sister. ..... thus be only the presence of a relation of an heir of half blood along with an heir of full blood in that particular category of the heir that the full blood heir will exclude the half blood heir. ..... , is whether the nature of the relationship with the intestate of his brother and sister enumerated in entry ii of class ii of the schedule can be said to be the same in every respect, so that a full brother would be preferred to a half sister or a full sister would he preferred to a half brother. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR299
..... . other reliefs, mainly, are again with respect to the water bodies as the petitioners seek a direction that there should be ban on the immersion of full or half burnt bones of dead bodies or ashes in the water streams, the petitioners claimed that there should not be mass or community bathing during auspicious religious occasions in the water bodies ..... of toilets at the stretch of the beach between santacruz and khar danda with adequate quantity of water supply;(e) to immediately ban the immersion of full or half burnt bones of dead bodies (asthi visarjan) or ashes thereof in the water streams as defined under the water (prevention and control of pollution) act, 1974;(f) to ban the mass or community bathing during auspicious religious occasions .....
Tag this Judgment!Court : Mumbai
Reported in : [1990]33ITD496(Mum); (1990)37TTJ(Mumbai)282
..... on a careful consideration of the submission urged by both sides and in the light of the materials placed before me, i am of the considered view that the decision of the cit (a) is correct and that the same has to be upheld. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)MhLj1070
..... 4 crores drawn on janata sahakari bank limited, pune, being the second half yearly interest on principal amount of rs. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(5)MhLj130
a.h. joshi, j.1. rule. rule is made returnable and is heard forthwith. heard learned advocate for the petitioner, and the learned agp for the respondents.2. petitioner's caste certificate dated 31-7-1995 was furnished for scrutiny. in the meanwhile, the petitioner appeared in mah-ar-cet 2004 test on 11th july, 2004, and was granted admission subject to production of validity certificate of her caste (halba scheduled tribe) for the course of bachelor of architecture. she paid her tuition fees of rs. 40,000/- on 7-8-2004.3. in the meanwhile, the petitioner had completed her first year engineering course in architecture in april, 2005, and thereafter, took admission in second year, and also paid the fees of rs. 40,000/-.4. the petitioner's caste claim was invalidated by judgment and order dated 8-9-2005 by the scrutiny committee. when the petitioner had completed her 3 months of instructions in the engineering college, the invalidation has attained the finality.5. we find that at present it is a common scene that students seek admission in the reserved category seat on the basis of a certificate which is yet to be scrutinized, and invalidation thereof occurs after a long span of 2 to 5 years, and in the intervening period, the petitioner's educational career advances. considering the factum of completion of the course, and loss incurred to state exchequer, and the years spent by students, as well as money, energy, and inputs of the educational institutions, the courts are .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(3)ALLMR943; 2003(3)MhLj386
..... every holder of land paying land revenue in respect thereof shall be entitled, subject to rules as may be made by the state government in this behalf, to a decrease of assessment if any portion thereof not being less than half an acre in extent, is lost by diluvion and the holder shall, subject to rules made in that behalf, be liable for payment of land revenue on reappearance of the land so lost by diluvion not less than half an acre in extent.'15. .....
Tag this Judgment!Court : Mumbai
Reported in : (1997)99BOMLR454
..... chopda, learned counsel for the petitioner strenuously contended that in the light of the instructions issued by the government of maharashtra under circular dated 6th september, 1983 that if a close relative is already given caste certificate, that must be given due weight, has not been followed by the scrutiny .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(2)MhLj179
..... the supreme court further observed in the said judgment that where the magistrate has already expressed, though prima facie, in the light of the contents of the complaint and the evidence produced that the offence was made out and that the accused deserved to be proceeded against, they cannot reasonably be expected to convince the magistrate even before ..... according to him, the said page was exhibiting photograph of petitioner with half brassiere and bust-half open, which was creating lascivious appeal to the complainant and other persons who were seeing and purchasing the said magazine. .....
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