Court : Mumbai
..... be registered under registration act, 1908. ..... one case after another, this court has been passing orders directing such recalcitrant members to act according to the resolutions of the co-operative housing society passed either unanimously or with majority ..... notice necessary in suits no suit shall be instituted against a society, or any of its officers, in respect of any act touching the business of the society, until the expiration of two months next after notice in writing has been delivered to the registrar or left at his office, stating the cause of ..... registrar under sub-section (j) of section 156, or any orders, decisions, awards and actions of the registrar against which an appeal under section 152 or 152 a and revision under section 154 of the act have been provided shall not be deemed to be a dispute for the purposes of this section. ..... the remaining reliefs relate to the re-development of azad bhavan: to restrain the plaintiffs from acting on it, to direct them to produce the original development agreement and one of the annexures to it and for the appointment of a third party to ..... must be invited for the aforesaid general body meeting and his attendance is compulsory. c. ..... 10691-10696 decided on 11th august 2008) (d) matru ashish co-operative housing society ltd v the state of maharashtra; ..... v state of haryana, (2009) 3 scc 553).it is also a well-established principle of statutory interpretation that a court must presume that the legislature has been precise, careful and .....
Tag this Judgment!Court : Mumbai
..... vii] that no steps were taken for registration of the patents as required by section 69 of the patents act, as both the parties treated it as ..... where such arbitration is held in india the provisions of part i would compulsory apply and parties are free to deviate only to the extent permitted by the derogable ..... the petitioner no.2, on behalf of the petitioners, replied to the said letter by his letter dated 31/03/2008 stating therein that since the ipla was not a concluded contract, there was no question of a valid arbitration agreement between the parties and as such, there was no question of appointing ..... form', which had been filed before the english court, was also served upon the petitioner no.1 in daman 04/04/2008 and seems to have triggered off the filing of the regular civil suit no.9 of 2008 before the learned civil judge, senior division, daman on 08/04/2008 inter-alia for the following reliefs viz. ..... it seems that the arbitrator appointed by the petitioners by his letter dated 24/04/2008 stated that there were inherent defects in the arbitration clause contained in the ipla and therefore the same was unworkable and expressed the inability of the arbitrators ..... the said letter was received by the petitioner no.1 in daman on 03/04/2008, along with the said letter was annexed `arbitration claim form' dated 27/03/2008 issued by the respondent nos.1 and 2 seeking several declaratory reliefs from the english court in relation to the ipla which according to the respondent nos.1 and .....
Tag this Judgment!Court : Mumbai
..... to the judgment of the apex court in marine times publications (p) ltd's case (supra) wherein the apex court has held that before a dispute can be referred to a cooperative court under the provisions of section 91(1) of the mcs act, it is not only essential that the dispute should be of a kind described in sub-section (1) of section 91, but it is also essential that the parties to the said dispute must belong to any of the categories specified in clauses ..... 119(part) and bearing sub plot no.11b of village : nahur and situated at madan mohan malviya marg, mulund (west), mumbai 400 080 is contrary to the provisions of maharashtra ownership flats act, 1963 as well as contrary to the provisions of development control regulations for greater mumbai 1991 and hence the same is illegal and void and not binding upon the plaintiffs. ..... appears that in the year 2008, the respondent no.1 got the plans sanctioned for construction of three garages in the compulsory open space towards west side ..... it seems that the said registration of society was challenged by the respondent no.1 ..... it is required to be noted that for the jurisdiction under section 91 of the mcs act to be invoked the subject matter has to be one which is mentioned in section 91, and that the parties have also to be one or the other of the ..... declaration that the respondent no.1 is not entitled to construct garages pursuant to the amended sanctioned plan dated 3rd april 2008 and for a mandatory injunction directing the respondent nos. .....
Tag this Judgment!Court : Mumbai Goa
..... definitions read as under: 2(b) airport means a landing and taking off area for aircrafts,usually with runways and aircraft maintenance and passenger facilities and includes aerodromes as defined in clause (2) of section 2 of the aircraft act, 1934 (22 of 1934); 2(c) airstrip means an area used or intended to be used for the landing and take-off of aircrafts with short take-off and landing characteristics and includes all buildings and structures thereon ..... for an aerodrome can be issued to a citizen of india or a company or a body corporate or to the central or state government or company or corporation owned or controlled by either of the said governments or a society registered under the societies registration act, 1860, after an application is made in terms of the aerodrome manual. ..... haryana reported in air 1981 sc 774, the supreme court in the context of state's power to tax vehicles using the national highway passing through haryana observes thus: there cannot be the slightest doubt that the state of haryana incurs considerable expenditure for the maintenance of roads and providing for the transport of goods and passengers within the state of haryana ..... the expression acquisition, holding and disposal of property used in article 298 to include compulsory acquisition of property also. 9. ..... no explanation about the delay and when the section 4 notification in this case was published on 25th july 2008, the declaration under section 6 came to be published on 28th july 2009. .....
Tag this Judgment!Court : Mumbai
..... 71.67% shares in the company, which was against the original understanding of 50% stake in the equity each of rajan and jamal; (c) jamal was unauthorisedly removed from the board of directors of the company as an act of oppression, by manipulation of the company s records and with a view to completely oust him from the affairs of the company; (d) rajan, being in control of the company, sold and leased out constructed ..... part of which is quoted above, was substituted by the following clause : the balance consideration of thee purchase price and stamp duty and registration fees (if required) to be paid by the company to parke-davis india limited at the time of completion of sale shall be provided ..... findings of oppression and mismanagement, jamal should have been restored as a 50% shareholder of the company, reinstated in the management and various equitable reliefs should have been granted under section 402 of the act with a view to do substantial justice; (iv) the company was in effect a quasi partnership between rajan and jamal and principles applicable to dissolution of partnership ought to have been applied to, and legitimate ..... defining criterion of any private company, but in the case of a quasi-partnership may take in special restrictions such as compulsory transfers to existing shareholders, preemption rights of other shareholders, etc. ..... 2008) 3 supreme court cases 363) the supreme court explained the scope of the jurisdiction of the high court under section 10f of the act .....
Tag this Judgment!Court : Mumbai Nagpur
..... however, if the memorandum/instrument in question constitutes transaction, it's registration is compulsory. ..... the prayer is, as bank and recovery officer failed to comply with the mandatory provisions of rules 48, 49, 50 and 52 of second schedule appended with the income tax act, 1961, and did not adopt fair and proper procedure, the sale of subject property by auction, be quashed and set aside and property should be restored back to the petitioners. ..... regional manager, upfc and others), relied upon by shri sadavarte, learned counsel, the hon'ble apex court has considered the provisions of section 29 of the state financial corporation act and laid down the guidelines for exercise of powers under its section 29, if there is default in repayment of loan. ..... 660 are pressed into service by him to show that there the provisions of rule 8 and 9 of the security interest (enforcement) rules, 2002, are looked into and as present auction is under second schedule and drt act, provisions of sections 25 to 28 which prescribe various modes of recovery are sufficient to distinguish the law as laid down therein. ..... he is relying upon the judgment in the case of state of haryana and ors. vs. ..... kishan swaroop sharma, reported at air 2008 sc 2061, to substantiate his contention. ..... public notice dated 15.09.2008 is addressed to all 4 and uses very same word. ..... public notice dated 11.03.2008, is addressed to petitioners as also their guarantors, and it uses the word mortgaged/attached ?. ..... air 2008 sc 2061 (m/s. .....
Tag this Judgment!Court : Mumbai
..... of the indian penal code defines criminal conspiracy as an agreement between two or more persons to commit an illegal act or to do an act which though by itself not illegal but the same is done or executed by illegal means. ..... there is no provision in the code of criminal procedure to make it compulsory for the investigating agency to hold test identification parade because the substantive evidence is identification of the culprit ..... a pancha in respect of the vehicle trax bearing registration no mh14 m 803 in panchanama exh. ..... something which prompts a person to form an opinion or intention to do certain illegal act or even a legal act but with illegal means with a view to achieve that intention. ..... where a fact of fraudulent abduction has happened with a series of acts, preceding or accompanying it, it can safely be presumed that the fact of double murder of kamble couple was possible as a direct cause of the preceding or accompanying acts, unless there exists a fact which breaks the chain upon which the ..... by way of an exception discovery of fact as contemplated under section 27 of the indian evidence act is relevant only when evidence is given that the accused while in police custody supplied or gave information which is the immediate or direct cause of the a ..... state of haryana (1), the maxim falsus in uno falsus in omnibus is not a sound rule to apply in the conditions in this country and therefore, it is the duty of the court in cases where a witness has been found to have given .....
Tag this Judgment!Court : Mumbai
..... for ensuring selection of their favourites does not merit acceptance because the documents produced before the court and the information obtained by the petitioner by making application under the right to information act do not show that any candidate selected by the commission had been deliberately given the particular roll number. 17. ..... on 13/02/2015, the dte invited online registration for the said courses in government, university department and unaided institutes in the ..... having regard to clauses (i) and (k) of section 10 of the all india council for technical education act, 1987 [`act' for short], it is the function of the aicte to consider and grant approval for introduction of any new course or programme in consultation with the agencies concerned, and to lay down the norms ..... gaurav ashwin jain [2007 (4) scc 737] pointed out: "courts do not and cannot act as appellate authorities examining the correctness, suitability and appropriateness of a policy, nor are courts advisors to the executive on matters of policy which the executive ..... in regard to compulsory papers which are of descriptive (conventional) type, valuation is done manually and scaling is ..... and the students) submitted that in that particular year (2007-2008) nearly 5000 engineering seats remained unfilled. ..... chaudhary devi lal university (2008) 9 scc 284, has taken the view that the court shall not generally sit in appeal over the opinion expressed by expert academic bodies and normally it is wise and safe for ..... (2008) .....
Tag this Judgment!Court : Mumbai
..... it was also pointed out that the respondent no.5 had applied for registration under the provisions of various central and state enactments and that the petitioner was already granted registration certificates under central excise act, central sales tax act, maharashtra value added tax act and that the maharashtra pollution control board (`mpcb') by an order dated 10 december 2013 issued consent to respondent no.5 to establish a sugar factory at the site at ..... any authority on this subject, the supreme court in the case of sarvashramik sanghatana (kv) v/s state of maharashtra (2008) 1 scc 494), has very succinctly and eloquently reiterated the said proposition ..... on 10th november, 2006 the central government exercising powers under section 3 of the essential commodities act, 1955 passed an order [called the sugarcane (control) (amendment) order, 2006] by virtue of which clauses 6-a to 6-e were inserted in the ..... before supreme court were that by press note 12 dated 31.8.1998 the government of india (`goi') decided to delete the sugar industry from compulsory licensing under the industries (development and regulation) act, 1951 (`the 1951 act). ..... the petitioner herein is a company registered under the companies act, 1956 running a sugar factory at sadashivnagar, hamidwada-koulage, ..... of sugar erred in observing that once aerial distance between the two sites is certified by survey of india, issuance of the order under clause 6b of sugarcane (control) order, 1966 is merely a ministerial act .....
Tag this Judgment!Court : Mumbai
..... such licence or written permission is suspended or revoked or when the period for which the same was granted has expired the person to whom the same was granted shall for all purposes of this act, be deemed to be without a licence or written permission until the commissioner s order for suspending or revoking the licence or written permission is cancelled by him or until the licence or written permission is renewed ..... high court and also the district court merely took into consideration the registration fee paid by the plaintiffs and did not at all examine whether there was any substantial discrepancy between the total amount of fee realised by the registration department and the total amount of expenditure incurred by the government in the ..... retained after three months from the enactment of this section or, as the case may be, the coming into force of the bombay municipal (extension of limits) act, 1950 or the coming into force of the bombay municipal {further extension of limits and schedule bba {amendment} act, 1956) upon any land, building, wall, hoarding or structure save and except as permitted or exempted from permission as hereinbefore provided, the owner or person ..... also regulations specifying the minimum distance between two hoardings and the later policy guidelines of 2008 also attempted to standardize the areas of the hoardings, so that they were kept ..... is no generic difference between a tax and a fee which are both compulsory exaction of money by public authorities. ..... haryana .....
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