Court : Mumbai Aurangabad
Decided on : Jul-24-2014
..... ) bom.c.r. 772 (national insurance company ltd. vs. ashwini gaude) 11. the apex court has discussed the position of law after amendment effected to motor vehicles act in 1994. the apex court has laid down that due to the amendment, the owner of goods needs to be given cover under the statutory policy. when the policy is sold in respect of goods ..... panchnama. the crime was registered for the offences punishable under sections 304-a, 279, 337, 338 of i.p.c. and not for any other sections, particularly under motor vehicles act. in view of this circumstances, inference can easily be drawn that deceased was travelling as owner of goods, with two bags of food grains in the vehicle. 10. learned counsel .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-09-2014
..... in s.a.no.566 of 2011, at length. 2. the question whether section 6 of the hindu succession act, 1956 (for short 'principal act') as amended by the hindu succession (amendment) act, 2005 (for short 'amendment act') is prospective or retrospective in operation, falls for consideration. some of the learned counsel submitted that the said section is ..... sai reddy case and observed that the legal position enumerated therein is wholly and squarely applicable. in other words, he submitted that section 6 of amendment act is retrospective. though the apex court held in ganduri koteshwaramma that section 6 is retrospective, the decision of the division bench in vaishalisatish ganorkar is given ..... , christian, parsi or jew by religion. in the case of a testamentary disposition, this act does not apply and the interest of the deceased is governed by the indian succession act, 1925. 2. section 6 of the act deals with devolution of interest of a male hindu in coparcenary property and recognises the rule .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Apr-28-2014
..... president, vice-president, secretary and at least 4 members of the society. these elected members elect the president and vice-president. as per amended clause 12, headmaster of deorao thakre vidyalaya, ashok nagar acts as secretary of the governing body. under clause 8, initial governing body consisted of total 11 persons i.e 4 office-bearers + 7 members ..... mould the relief accordingly, or to deny the relief to the plaintiff-respondent as allowed to him by the judgment under appeal, much less sought for an amendment of the pleadings. the subsequent event urged by the defendant-appellant is basically a factual event and cannot be taken cognizance of unless brought to the notice of ..... through devidas shirbhate is also read out to demonstrate challenge to alleged meeting dated 21.10.2012. crime no. 42 of 2013 u/s. 420,468 and 34 ipc at police station kulha, district amravati on 10.5.2013 for illegal appointments of teachers registered against sudhirkumar shende, his pcr from 14.8.2013 to 17.8 .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-03-2014
..... . pande, ex head master of bansidhar agarwal school was not connected with the management. the management had filed a copy of schedule iii maintained under bombay public trusts act, 1950 as regards the amendment on the constitution of trust which permitted the trust board of the management to nominate or appoint an employee or a person not related to the trust or ..... nominates a person not related to trust or institution for any administrative work or investigation or any committee including enquiry committee formed under the government act or the rules. it was submitted that pursuant to this amendment, a resolution has been passed appointing mr.pande as a member in the enquiry committee. as far as the matters of internal administration are concerned .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-24-2014
..... trust includes trustees or beneficiaries. initially the word "trustees" did not find place but was inserted by amendment act of 1971. section 50 initially provided that permission is necessary where the possession of the property of the public trust is sought to be recovered form any person, including ..... e) makes no difference whatsoever, because the expression "person having interest" cannot leave out trustee even though the word "trustee" was not specifically included prior to the amendment. shri sathe, learned counsel appearing for the contesting respondents, very fairly stated that it cannot even be suggest or that the trustees could not have been treated as ..... . 5 to 7 that the decision of the division bench of this court is no longer a good law in view of the amendment to section 50 as also to section 2(10) by maharashtra act no. 20 of 1971. section 2(10) clause (e) provides that "person having interest" in the case of any public .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-18-2014
..... /or duty, there can be no claim in restitution. 24.6 the plaintiff also relied upon extracts from the 14th edition of pollock and mulla on indian contract act and specific relief acts. at page 1052, the requirements for the application of the provisions of section 69 are mentioned as under: (i) the plaintiff must have made an ..... simply filed the suit and left the matter for defendants to file written statement and then to proceed further. moreover, no amendment which lacks bona-fides will be permitted. as mentioned above, the plaintiff was economical with truth in the plaint. 17. the plaintiff's reliance upon the matter ..... the courts particularly when trial is yet to begin. the plaintiff also liberally cited various judgments. there is no doubt that the courts are liberal in granting amendment until the commencement of trial or when no prejudice would be caused to the defendant. that would be the case in a normal situation where the plaintiffs have .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-18-2014
..... /or duty, there can be no claim in restitution. 24.6 the plaintiff also relied upon extracts from the 14th edition of pollock and mulla on indian contract act and specific relief acts. at page 1052, the requirements for the application of the provisions of section 69 are mentioned as under: (i) the plaintiff must have made an ..... simply filed the suit and left the matter for defendants to file written statement and then to proceed further. moreover, no amendment which lacks bona-fides will be permitted. as mentioned above, the plaintiff was economical with truth in the plaint. 17. the plaintiff's reliance upon the matter ..... the courts particularly when trial is yet to begin. the plaintiff also liberally cited various judgments. there is no doubt that the courts are liberal in granting amendment until the commencement of trial or when no prejudice would be caused to the defendant. that would be the case in a normal situation where the plaintiffs have .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-22-2014
..... share subscription agreement and submits that part i is thus explicitly excluded except section 9 and thus the law governing the arbitration in no case would be indian arbitration act except section 9. it is submitted that judgment of supreme court in case of national thermal power corporation (supra) would squarely apply to the facts ..... international arbitration centre in accordance with the singapore international arbitration rules which rules are deemed to be incorporated by reference into this clause and as may be amended by the rest of this clause. clause 16.1.2 provides that the seat of arbitration shall be singapore. clause 16.4 provided that except section ..... and/or modify the interim award. the emergency arbitrator gave direction that the hearing would proceed as scheduled. on 27th july, 2012, the emergency arbitrator passed amendment to the interim award sha and ssa award based on subsequent events and granted further reliefs to the petitioner. (w) on 30th july, 2012, the petitioner .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-07-2014
..... on the date of coming into force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction) (amendment) act, 1996 (hereinafter in this section referred to as 'the said date') (a) the state government in respect of the premises requisitioned or continued under requisition ..... the date of coming into force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction)(amendment) act, 1996, are allowed by the state government to remain in their occupation and possession, means the principal officer-in-charge of such office or ..... to the allottees of the requisitioned by providing for the state government of the government allottees becoming deemed tenants of the requisitioned premises. by the amendment act, clause 1a defining "government allottee" was inserted. another new provision inserted was section 15b providing for the state government or government allottees to .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-07-2014
..... on the date of coming into force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction) (amendment) act, 1996 (hereinafter in this section referred to as 'the said date') (a) the state government in respect of the premises requisitioned or continued under requisition ..... the date of coming into force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction)(amendment) act, 1996, are allowed by the state government to remain in their occupation and possession, means the principal officer-in-charge of such office or ..... to the allottees of the requisitioned by providing for the state government of the government allottees becoming deemed tenants of the requisitioned premises. by the amendment act, clause 1a defining "government allottee" was inserted. another new provision inserted was section 15b providing for the state government or government allottees to .....
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