Court : Mumbai
Decided on : Mar-19-2014
..... payment terms was da or against lc, whereas, the revised contract between defendant no. 2 and defendant no. 3 shows payment terms to be cad (cash against document). the amendment to the shipping bills for the 5500 metric tons of cargo that was filed and processed in august 2009 shows the rate disclosed by defendant no. 3 to be us ..... the cargo and deterioration in quality. defendant no. 3 thereby realised only a sum of us$ 12,220,000/- thereby incurring a loss of us$ 2,080,000/- equivalent to indian rs. 9,56,80,000/-. (ii) the fact is defendant no. 3 became a victim of desperation shown by the plaintiff due to the conduct of defendant no. 2. ..... their conduct. he stated this because during the pendency of this suit, the plaintiff filed an arbitration petition no. 5 of 2010 under section 9 of the arbitration and conciliation act, 1996, in the district court, gandhidham, gujarat, on 10th march, 2010 for the same relief that it had obtained from the single judge here and when the division bench .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Feb-27-2014
..... apex court as above, ought to be taken care of by the parliament as well as state legislature. the state legislature ought to extend the said amendment of bombay act no.14/1939 to the entire state of maharashtra rather than resting it only to greater bombay. except saying this, this court cannot say anything more. ..... (e) the date on which the suit or proceeding was instituted.? (emphasis supplied) 21. we hope that the law commission and parliament considers such amendment or other suitable amendment to cover the existing void in title verification or due diligence procedures. provision can also be made for compulsory registration of such notice sin respect of decrees ..... to immovable property is directly and specifically in question, if a notice of the pendency of such suit or proceeding is registered under section 18 of the indian registration act, 1908, the property after the notice is so registered cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Dec-12-2014
..... . in view of the fact that relevant subsequent event is intended to be brought on record, application is allowed. office to register the application. petitioner to carry out amendment forthwith. 2. wp no. 396 of 2014 : rule. heard forthwith by consent of parties. 3. this petition involves a short but important question of law viz. ..... assistant government pleader, since a criminal case was pending against the petitioner for the offences punishable under sections 420, 468, 471 read with section 34 of the indian penal code, it was within the jurisdiction of the appointing authority i.e. respondent no. 3 to terminate the services of the petitioner on the said ground. ..... were pending against him. on 13.8.2012 petitioner was relieved from his service. on 16.8.2012 petitioner preferred oa under section 19 of the administrative tribunals act, 1985 before the tribunal. oa so filed by the petitioner was dismissed on 27.8.2012. aggrieved thereby, the petitioner has filed the present writ petition. 5 .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Oct-30-2014
..... had purchased the suit property as per sale deed dated 28.12.1979. during pendency of the appeal before the district court, the plaintiff had sought to amend the plaint by raising additional plea that as the defendants had denied the status of the plaintiff as their landlord, the plaintiff was entitled for possession. ..... permission of the controller would not be necessary for giving a notice determining the lease as contemplated by clause (g) of section 111 of the transfer of property act. the suit was therefore maintainable, even without obtaining the permission of the controller, the reference is answered accordingly. it is, therefore, clear that the benefit of ..... landlord and his relationship of tenancy literally knocks out the very bottom of statutory protection, and this amounts to disclaiming the benefits available under the bombay rent act. it was pointed out that a tenant disclaims the title of his landlord who accepts such disclaimer and seeks eviction upon the basis thereof, and the .....
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