Court : Mumbai
Decided on : Jul-10-2014
..... even conceptually is being seen in the legal horizon so far as the punishment is concerned. looking to the new enactments like pcfso act i.e. protection of children from sexual offences act and amendment to indian penal code in relation to rape which have taken place keeping in mind the rising graph of sexual offences and especially of sexual offences ..... rape on a young minor girl but also caused serious injuries to her head and thereafter throttled her. would the society not expect such depraved act to be dealt with in a stern manner? we also cannot ignore the recent amendments in the indian penal code on account of huge public hue and cry that arose on account of dastardly ..... act in the heinous and gruesome rape and murder of nirbhaya. the amendment as a matter of fact echo's the sentiments of the society at large. .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Jul-10-2014
..... license they constructed the said shed which was of permanent nature for which they incurred huge expenditure and, therefore, the license was irrevocable under section 60 of the indian easements act. the defendants no. 3 and 4 also pleaded that the suit was barred by limitation. 7. the learned trial court framed the following issues: 1. does ..... was not interested in purchasing the plot. accordingly, a notice was issued by the plaintiff only to sheikh lukruddin sheikh mohammed, the original defendant. by way of amendment, the plaintiff only amended the cause title to add the defendants no. 2, 3 and 4 and the prayer clauses, however, there were no changes made in the plaint, so ..... and 4 had spoken about the defendants no. 1 and 3. he, therefore, submitted that no prejudice is caused to the defendants no. 3 and 4 by not amending the paragraphs of the plaint except the cause title and the prayer clauses. he therefore urged that the substantial question no. 1 should be answered in the negative. .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-10-2014
..... license they constructed the said shed which was of permanent nature for which they incurred huge expenditure and, therefore, the license was irrevocable under section 60 of the indian easements act. the defendants no. 3 and 4 also pleaded that the suit was barred by limitation. 7. the learned trial court framed the following issues: 1. does ..... was not interested in purchasing the plot. accordingly, a notice was issued by the plaintiff only to sheikh lukruddin sheikh mohammed, the original defendant. by way of amendment, the plaintiff only amended the cause title to add the defendants no. 2, 3 and 4 and the prayer clauses, however, there were no changes made in the plaint, so ..... and 4 had spoken about the defendants no. 1 and 3. he, therefore, submitted that no prejudice is caused to the defendants no. 3 and 4 by not amending the paragraphs of the plaint except the cause title and the prayer clauses. he therefore urged that the substantial question no. 1 should be answered in the negative. .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-15-2014
..... does not mean to be manufactured in india on the basis of the erstwhile section90(a) (prior to 2002 amendment) of the act. this, it was submitted is not correct as the erstwhile section 90(a) of the act was dealing with the concept of reasonable requirement of the public being met and in that context provided that ..... 9 march 2012 passed by the controller of patents (controller) granting compulsory license to m/s. natco pharmaceuticals limited (natco) under section 84 of the patent act 1970 (the act). this compulsory licence was in respect of the petitioner's patented invented drug sorafenib tosylate (compound of carboxyaryl substituted diphenyl ureas) sold under brand name nexavar (patented ..... rs.30,000/- per month of treatment. this again was at a price which is not affordable at all in the indian context. it was emphasized that in terms of chapter xvi of the act the obligation was of the patent holder i.e. petitioner to make the patented drug available at a reasonably affordable price to .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Jul-17-2014
..... are bound to determine the validity of such decrees and orders keeping in view the provisions of section 13 of the code of civil procedure, 1908 as amended by the amendment acts of 1999 and 2002. the duty of a court exercising its parens patriae jurisdiction as in cases involving custody of minor children is all the more onerous ..... petitioner suppressed and did not disclose in the application material facts that the daughter was a citizen of england and wales; that the petitioner was non resident indian and domicile of u.k. having a permanent address at 14 alexandra crescent, bromley, kent, br1, 4eu, uk; and that the respondent and the daughter were also ..... no jurisdiction to entertain and dispose of the application since the respondent and the minor daughter were citizens of england and wales and the petitioner was a non resident indian, having a permanent residence in united kingdom (u.k.) and as such the only courts having jurisdiction were the courts in the united kingdom. (b). the .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-22-2014
..... equipments safety equipments, safety masks etc. the suppliers of trading goods of the company both foreign as well as domestics. the clients of the company include indian ordinance authorities, drdo barc apart from other private corporate. during the scrutiny proceedings in the past assessment years as well as pending scrutiny proceedings for assessment year ..... well as the status of additions made in the past assessment years, it was decided to undertake action u/s. 133a of the i.t. act to find out further evidences strengthening the bogus purchase transactions. the result of survey clearly brings out findings supporting and strengthening the evidences regarding the bogus ..... of opinion was considered in the following manner. (extracted portion of the order) "accordingly, in the course of statements recorded u/s.131 of the it act, 1961, some of the parties denied of having any transaction with the assessee and admitted of issuing bogus purchase bills by passing the accommodation entires in .....
Tag this Judgment!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 : Jul-24-2014
..... to make the ship available before 30-7-1992) were independent of each other or these constituted reciprocal promises within the meaning of sec. 54 of the indian contract act and which party committed breach of its obligation? (c) has the delay in completing the delivery on the part of the claimants been correctly computed by the ..... the amount of liquidated damages whether fluctuation in the rate of foreign exchange can be taken into consideration while arriving at the amount of damages. (d) the ongc amended its memorandum of appeal to challenge the findings in the order dated 14th january, 2011. soconord filed the above appeal, challenging the findings rendered against it. 5 ..... been raised by soconord so that all the findings could be considered in appeal at one time and not piece-meal. the division bench granted ongc liberty to amend the appeal memo, if necessary, after the learned judge decided all the other issues as well. (c) the learned single judge thereupon, by the said order .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-25-2014
..... of the appellant and after machining and forging, the parts were given back by the jute mill division to the boiler division. the appellant claimed exemption from tax under section 15c of the indian income tax act 1922 in respect of the profits from the steel foundry division for the a.y. 1958-59 and 1959-60 and in ..... corpn. ltd. (supra) has been relied upon in that regard. 11. there, the appellant before the supreme court was a heavy engineering concern and claimed to be manufacturing boilers, machinery parts, wagons etc. they set up two new units, a steel foundry division and jute mill division. the steel foundry division started manufacturing some castings, which the ..... framed and submitted that the condition for the deduction has not been fulfilled. he referred to condition no.(ii) in sub-section (2) of section 80ib of the act. it is submitted by him that there is no machinery or plant of the appellant and the business affairs are carried out with hired equipments and machinery. in .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-25-2014
..... of the appellant and after machining and forging, the parts were given back by the jute mill division to the boiler division. the appellant claimed exemption from tax under section 15c of the indian income tax act 1922 in respect of the profits from the steel foundry division for the a.y. 1958-59 and 1959-60 and in ..... corpn. ltd. (supra) has been relied upon in that regard. 11. there, the appellant before the supreme court was a heavy engineering concern and claimed to be manufacturing boilers, machinery parts, wagons etc. they set up two new units, a steel foundry division and jute mill division. the steel foundry division started manufacturing some castings, which the ..... framed and submitted that the condition for the deduction has not been fulfilled. he referred to condition no.(ii) in sub-section (2) of section 80ib of the act. it is submitted by him that there is no machinery or plant of the appellant and the business affairs are carried out with hired equipments and machinery. in .....
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