Court : Mumbai
Decided on : Dec-24-2014
..... required to file the suit within the period of limitation specified there-for. furthermore, the learned counsel would urge that in terms of section 46a of the indian railways act, the judgment of the tribunal being final, the starting period of limitation for filing the suit would be three years from the said date. strong reliance ..... thereof, the same be quashed and set aside. 3. it is the case of the petitioner that it is a private limited company registered and incorporated under indian companies act, 1956. it is engaged inter alia in the business of operation of duty free shops at airports and seaports in india. the petitioner is running duty ..... aforesaid three judgments do support the argument of shri. ranjit kumar that even though section 5 of the limitation act cannot be invoked for condonation of delay in filing an appeal under the act because that would tantamount to amendment of the legislative mandate by which the special period of limitation has been prescribed, section 14 can be .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-17-2014
..... a high court or any order passed under chapter ix of the code of criminal procedure, 1973 (2 of 1974) before the commencement of the family courts (amendment act, 1991.) (3) every appeal under the section shall be preferred within a period of thirty days from the date of the judgment or order of a family court ..... 17. it is necessary to consider the specific purpose, objects and reasons of the statute. the purpose and object of marriage laws amendment act 2003 must be taken into consideration and evidently the marriage laws amendment act was enacted in the light of the observations in paragraph 9 of savithri pandey (supra) which we have already extracted above. the ..... that such a stipulation was causing injustice as was revealed in the facts of that case. the purpose of the marriage laws amendment act, by which section 28(4) of the hindu marriage act was amended, was obviously to give a larger period of limitation for the parties aggrieved by the orders passed in matrimonial cases under the .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-01-2014
..... have already entered into a development agreement with m/s. lookwell life space pvt. ltd as far back as on 28th may, 2008 and the plaintiffs carried out amendment to the plaint twice i.e. in the month of july and august, 2014, plaintiffs have neither challenged the said development agreement between defendant no. 3 and ..... defendant no. 3 with m/s. lookwell life space ltd entered into on 23rd may, 2008. learned senior counsel submits that though the plaintiffs has carried out amendment to the plaint, in the month of july and august, 2014, plaintiffs has not chosen to implead the said developers and to impugn the said document dated 23rd ..... .3-society. the plaintiffs had voluntarily taken conscious decision to clear the liability of defendant no.1 to the indian overseas bank which was subsisting with the rights of existing members under the provisions of maharashtra ownership flats act. 28. learned senior counsel placed reliance on the judgment of supreme court in the case of azhar sultana vs .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Oct-01-2014
..... (f) and 31 (1) of the constitution. by the time, the case of d.s. nakara and others was decided in the year 1983, the constitution was amended by the 44th amendment act thereby introducing article 300a in the constitution, in the place of article 19(1)(f). it has been held that although the right to property is no longer a ..... animal husbandry and fisheries and was allegedly involved in serious financial irregularities and there were two cases registered against him under various sections of the indian penal code as well as the prevention of corruption act during the year 1990-1991, 1991-1992 when he was posted as artificial insemination officer at rachi. the hon'ble apex court, after taking ..... the interests of the general public or the security of the state. (c) the expression fraudulently shall have the meaning assigned to it under section 25 of the indian penal code, 1860 (45 of 1860) (d) the expression criminal breach of trust shall have the meaning assigned to it under section 405 of the .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-19-2014
..... the statute and approve and / or carry out constructions maintaining the ratio of residential housing and commercial construction as provided by the amended act being 3 per cent of the total built-up area or 5,000 sq.feet, whichever is higher (now in the post-2010 period) or 5 per cent of the ..... user does not exceed five per cent of the aggregate built-up area of the housing project or two thousand square feet whichever is lower. by the finance act, 2010, clause (d) is amended to the effect that the commercial user should not exceed three per cent of the aggregate built up area of the housing project or five thousand square feet ..... by his order dated 15th april, 2010 upheld the findings of the assessing officer. the cit (appeals) observed that the provisions of section 80-ib(10) were substantially amended by finance (no.2) act, 2004 with effect from 1st april, 2005 wherein it was provided that the built up area of the shops and other commercial establishments included in the housing project .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-10-2014
..... arbitration of a person to be appointed by the exchange and arbitration shall be held under the provisions of the arbitration and conciliation act, 1996 or any reenactment, modification or amendment thereto. the arbitration proceedings shall be conducted at mumbai only. any award by the single arbitrator shall be final and binding upon ..... and that such an interpretation runs counter to the principles of the ordinary law of contract. referring to commentary in pollock and mulla on the indian contract act, the plaintiff contends that a contract implies two parties and that a contract can only be bilateral. 75. the plaintiff has further emphasized that ..... in the defendant exchange based on the representations made by the officials of the defendant and with an understanding that the defendant is duly constituted under indian laws and that the defendant is authorized to offer various types of contracts on the exchange under the supervision and control of the forward markets commission .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-27-2014
..... 20. there is one other peculiarity in this case. after the plaintiffs cross-examination was complete and the plaintiff had closed her case, the defendant was allowed to amend his written statement by an order dated 13th february 2013. conceivably, this put the plaintiff to disadvantage. rather than start the trial de novo, or permit the ..... was the case the plaintiff had brought to court? were her allegations sufficiently established? did her cross-examination of the defendant prove her allegations in relations to these acts? if, as ms. contractor said, the foundation of the case was this trifecta of (a) maintaining illicit relations with his ex-wife even after his marriage to ..... contractor to the delegates. these were almost entirely in relation to issues nos. 2 and 3, whether the plaintiff proved that the defendant was guilty of the acts complained of in the plaint and whether these amounted to cruelty. i have then set out my summing up to the delegates, their responses and dealt with the .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Aug-13-2014
..... recommended second renewal for 20 years, subject to satisfaction that the mining was in the interest of mining development. (f) the government of goa introduced the indian stamp act (goa amendment) act, 2012; (g) demand notices were issued to the petitioners individually, asking them to pay the enhanced stamp duty. the petitioners, accordingly, deposited the same. ..... rule 24-a of the mc rules for a period of 20 years from 2007 to 2027. (iv) the state government, thereafter, introduced the indian stamp act (goa amendment) 2012, which came into effect from 14th november, 2012 and issued demand notices to the petitioners seeking payment of stamp duty for execution of the ..... passed an order requiring the petitioners whose leases were decided to be renewed, to pay the enhanced stamp duty in accordance with the amended provisions of the indian stamp act. the order discloses that the government, in principle, has agreed for renewal of the mining leases and the concerned leaseholders were directed .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-08-2014
..... the sum for which the property might reasonable be expected to be let from year to year. in our view, this later insertion of clause (b) by the taxation laws (amendment) act. 1975 is meant to cover a case where the rent per annum actually received by the owner is in excess of the fair rent or the standard rent under the ..... excess of the sum for which the property might reasonably be expected to be let from year to year. in other words, insertion of clause (b) by the taxation laws (amendment) act, 1975 covers a case where the rent for a year actually received by the owner is in excess of the lawful rent which is known as the fair rent or ..... rent is the basis to determine the annual value of a property. this was the sole basis prior to the assessment year 197576. however, after the amendment of section 23(1) by the taxation laves (amendment) act, 1975, the legislature has clearly laid down under section 23(1)(b) that when the actual annual rent received or receivable is in excess of the .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-30-2014
..... allowed certified copies of the papers and proceedings in the probate matter. in my view the condition applicable for revocation of probate prescribed under section 263 of the indian succession act, 1925 cannot be extended to an application for certified copy of the probate proceedings made under rule 268 of the high court rules. i am thus not dealing ..... even if the probate court gives finding about caveatable interest it has limited effect and cannot deprive such party to seek revocation of probate u/s 263 of the indian succession act 1925. reliance is placed on the judgment of supreme court in case of elizabeth anthony vs mchel charles john chown lengera (1990) 3 scc 333. the ..... no doubt the view we are taking would exclude many women who have had a live in relationship from the benefit of the 2005 act, but then it is not for this court to legislate or amend the law. parliament has used the expression 'relationship in the nature of marriage' and not 'live in relationship'. the court in the .....
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