Court : Mumbai
Decided on : Mar-17-2009
Reported in : 2009(5)BomCR345; 2009(4)BomLR1432
..... duly instituted unless it complies with the requirements specified in sub-rules (1) and (2).sub-rule (3) is inserted with effect from 1st july, 2002 under the civil procedure code amendment act of 1999.13. the relevant provisions from the original side rules are as follows:45. plaint to be lodged before presentation. - a plaint in which leave of the court is ..... that the suit cannot be deemed to be duly instituted. but what is to be noted is that the cause of action as pleaded in the plaint is not amended by the appellant. it is only conceded by the plaintiffappellant that the suit requires leave of the court under clause 12 and the application has been made. if the ..... the obtaining of the leave of the judge and the admission of the plaint does not affect in any way the presentation of the plaint for the purposes of the indian limitation act. that being so, i think that the decision of the learned judge is right and this suit was instituted within the period of limitation viz. on may 25, .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-17-2009
Reported in : 2009(3)BomCR133; 2009(111)BomLR1745
..... can be no manner of doubt about its unconstitutionality.58. ...59. in the light of the above observations, the impugned amendment is clearly constitutional. the amendment was obviously made to plug a loophole in the stamp act so as to prevent evasion of stamp duty, and for quick collection of the duty. there are other statutes e.g. ..... that though the federal principle is dominant in our constitution that principle is one of its basic features, but, it is also equally true that federalism under the indian constitution leans in favour of a strong centre, a feature that militates against the concept of strong federalism. some of the provisions that can be referred to in ..... legislation must be manifestly arbitary; a law which could not be reasonably expected to emanate from an authority delegated with the law-making power. in the case of indian express newspapers (bombay) (p) ltd. v. union of india this court said that a piece of subordinate legislation does not carry the same degree of immunity .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-17-2009
Reported in : 2009(4)BomCR799; 2009(111)BomLR1338; 2009(4)MhLj37
..... the furniture hired by them. this reasoning of the learned single judge is in consonance with the provisions of sections 148 and 151 of the indian contract act, 1872. under section 152 of the indian contract act, the bailee in absence of any special contract is not responsible for the loss, destruction or deterioration of the thing bailed, if he has ..... to a decree on the basis of such admission without waiting for completion of the trial. the provisions of order xii rule 6 were incorporated by way of amendment. the legislative object of these provisions is to curtail the period for determination of disputes between the parties to a suit and ensure that a decree on admission ..... the order xii, rule 6, we need not say anything more than what the legislature itself has said when the said provision came to be amended. in the objects and reasons set out while amending the said rule, it is stated that 'where a claim is admitted, the court has jurisdiction to enter a judgment for the plaintiff and .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-18-2009
Reported in : 2009(4)MhLj242
..... chapter xvii has been dealt with by the division bench without issuing a notice to the advocate general which is one of the requirement whenever the constitutional validity of indian law or provision of rule is under challenge. apart from this, what we notice is that the bombay high court appellate side rules, 1960 and the bombay high ..... that this exceptional proviso has been maintained in order to overcome the difficult problems which are likely to arise as stated by m.p. jain in his book 'indian constitutional law' which has been referred to in paragraph 12 of the division bench judgment. however, he submitted that if the official language and/or hindi is used ..... the vires of the said provision.17. the division bench has considered the goa, daman & diu reorganization act of 1947 which is notified as on 30th may, 1987. section 20 has been quoted by the division bench. however, the amendments to the rules which have been carried out have been carried out by a notification no. p.3603/86 .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-18-2009
Reported in : 2009(3)BomCR147
..... not only section 17 here is important, but to decide this question we need to look into two more provisions. those provisions are section 18 of the indian evidence act as well as rule 1 of order 12 of civil procedure code. what section 18 says, is that a statement by a person interested in the subject matter, is ..... also have to make an application under order 6 rule 17 of the cpc which, of course, would ordinarily and liberally be allowed. such amendments are known as a consequential amendments. the phrase 'consequential amendment' finds mention in the decision of this court in bikram singh and ors. v. ram baboo and ors. : air1981sc2036 . the expression is ..... . the defendant nos. 1 and 2 filed an application purporting to be an application under section 151 of civil procedure code and contended that under the guise of the amendment of the written statement, the defendant nos. 3 and 4, have in fact substituted their entire written statement, which they could not have done. they, therefore .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-21-2009
Reported in : 2009(4)MhLj729
..... and anr. reported in 2009 (1) all mr 471 of paragraphs 7. the relevant paragraph no. 7 is as under :' 7. by reason of the civil procedure code (amendment) act, 2002 (act 22 of 2002), the parliament inter alia inserted a proviso to order 6, rule 17 of the code, which reads as under:provided that no application for ..... in the affidavit filed with nomination form is not correct. admittedly, though there was accusation of offences under section 332, 353 and 506 of the indian penal code (for short, 'ipc') but there was no charge framed on that date. the nomination form was therefore accepted and the elections were held accordingly. there was no such ..... record at the appropriate stage, now, no indulgence can be shown in favour of the petitioner. these applications are not bonafide. for that reason, application for proposed amendment is also, therefore, cannot be allowed.15. resultantly, there is no reason to interfere with the impugned order dated 22nd january, 2009 passed by the additional chief .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-23-2009
Reported in : 2009(5)BomCR369; 2009(111)BomLR1529; (2009)224CTR(Bom)197; [2009]17STJ255; 2009[14]STR289; [2009]19STT408; (2009)22VST293(Bom)
..... a direct nexus to mining activities. entry (zzzzj) is not a carve out of entry (zzzy). both entries are independent. entry (zzzzj) was not inserted into the finance act by amending entry (zzzy). it is not possible to invent a remote connection of the services rendered by the members of the 1st petitioner to mining activities and hold that they fall ..... considering whether a hindu idol is a juristic entity capable of holding property and of being taxed through its shebaits. section 2(9) and section 3 of the indian income tax act, 1922 fell for its consideration. while considering amplitude of the definition of the term 'person' given in section 2(9) of the income tax ..... ship owners' association which is registered as a nonprofit making company under section 25 of the companies act, 1956. members of the 1st petitioner are owners of indian flag vessels. the shipping corporation of india (sci) is one of its members. the 2nd petitioner is also a member of the 1st petitioner. he is a shareholder .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-02-2009
Reported in : 2009(3)BomCR4; 2009(111)BomLR1622; 2009(4)MhLj413
..... private school' does not, and did not, include a school administered by a local authority. section 4 of the amended act does provide for appeals which have been filed after 7.8.1987 before the school tribunal and directs it be transferred to a competent authority as provided. however, none ..... position and status of the enquiry in law. undoubtedly, the enquiry was commenced by the municipal school when such schools were governed by the meps act by reason of the first amending act i.e. act xxx of 1987 which enlarged the definition of a private school to include a school run by a local authority. this enlarged definition continued to ..... restores the original position do not express any intention of the legislature to save or nullify for the legal status of things done under the amended law. no doubt, section 2 of the amended act substitutes the definition of private school with effect from 7.8.1987 so that with effect from that date it must be taken that ' .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-04-2009
Reported in : 2009(3)BomCR695; 2009(4)MhLj436
..... the same and further to ensure that persons involved in unauthorised constructions are not elected to the local bodies, amended the act by maharashtra 11 of 2002 which includes section 44(1)(e) of the act, as already reproduced above. the similar provisions have been made in other municipal laws.20. admittedly, the ..... no specific disqualification clause to be a councillor/president of the council, one who has constructed or constructs any structure unauthorisedly.13. section 17 of the act provides for the rules regulating elections. section 19 provides for declaration of results of elections. section 21 contemplates 'disputes in respect of election, nomination of ..... is against the repotation to the post of the president as per provisions of section 55(a) of the maharashtra municipal councils, municipalities and industrial township act, 1955. for the reasons mentioned hereinabove, he can be disqualified as member of the municipal council under section 44(1)(e) of the maharashtra municipal .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-04-2009
Reported in : 2009(4)BomCR232; 2009(4)MhLj929
..... . the judgements of the supreme court and the judgements referred to therein refer to cases involving an amendment of the statutes. in the present case the power of revision under section 154 of the mcs act has not been amended. its applicability has been put in question by virtue of a change in the character/field of ..... of the rank of secretary to government.section 22 of the multi-state co-operative societies act, 2002 reads as under:22. conversion of a cooperative society into a multi-state cooperative society.:(1) a cooperative society may, by an amendment of its bye-laws, extend its jurisdiction and convert itself into a multi-state cooperative society ..... finally liquidated, to be an order made under section 86 for it being wound up.(5) the provisions of this act shall apply to:(a) any application for registration of a multi-state cooperative society;(b) any application for registration of amendment of bye-laws of a multi-state cooperative society, pending at the commencement of this .....
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