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-23-2014
..... interpreted by reference to the provisions in another statute. 39. dr. tulzapurkar drew our attention to the reports of the committees constituted to make recommendations to amend the act of 1940. he pointed out that the shavaksha committee was of the opinion that the words "if valid" should not be included so that the ..... case of milment oftho industries v. allergan inc.(2004 (28) ptc 585 (sc) needs to be noted in detail: (i) the appellant (milment) is an indian pharmaceutical company. the respondent (allergan inc.) is a pharmaceutical company manufacturing products in several countries. allergan filed a suit for injunction based on an action for passing off ..... , who is registered proprietor, even if this court finds that the adoption of the plaintiff's trademark is fraudulent or deceptive. 16. the effect on the indian economy of the liberalization, privatization and globalization cannot be totally ignored. at the same time, it also cannot be ignored that due to technological advancement, the .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Dec-22-2014
..... issue a writ must be within its territorial jurisdiction either by residence or location. realising the difficulty of the people at large, the parliament amended article 226 by the constitution (fifteenth amendment) act, 1963, and added a new clause (1-a), which was then re-numbered as clause (2) by the constitution (forty-second ..... amendment) act, 1976, and that is what is the extant position. the underlying object of amendment was expressed in the following words:- under the existing article 226 of the constitution, the only high court which has jurisdiction with ..... the passage of time created a situation wherein the original suppression of involvement of the respondent in the prosecution for an offence under section 307 of the indian penal code did not remain so pernicious a misconduct on his part as to visit him with the grave punishment of termination from service on these peculiar .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-22-2014
..... under article 226 in interfering with such policy matters. it is required to be noted that the petitioner has not challenged the amendment to the courier regulations, 1998 as being ultra-vires the customs act, 1962 or article 14 and 19(1)(g) of the constitution of india. what the petitioner seeks is a direction to ..... the petitioner in the present petition is mainly aggrieved by the regulation 13(h) of the courier regulations 1998 inserted by the courier imports and exports (clearance) amendment regulations, 2010. under regulation 13(h), authorized couriers are required to file declarations for clearance of imported or export goods through a person who has passed the ..... or is having at least two years experience in transacting customs broker work as g-card holder; (g) he is a retired group a officer from the indian customs and central excise services having a minimum of five years experience in group a service; (h) the applicant has financial viability as evidenced by a certificate .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Dec-22-2014
..... question was involved regarding protection in the employment, which was secured as a result of confusion, which was prevailing till the constitution (scheduled castes) order, 1950 was amended in the year 2007, which did not include ezhuvas and thiyyas known as thandan. in para 29, the apex court has held that the question of ouster of ..... peculiar facts or in view of the uncertainty of law till then, to do complete justice, as has been held by the apex court in the case of indian bank v. abs marine products pvt. ltd., reported in 2006(5) all mr (sc) 162. the relief granted is restricted only to the persons in whose ..... castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000 (maharashtra act no.xxiii of 2001) in a seat reserved for scheduled castes candidate by producing a caste certificate, which was invalidated by an order of the scrutiny committee. .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Dec-20-2014
..... our constituent assembly this twenty-sixth day of november, 1949, do hereby adopt, enact and give to ourselves this constitution. by constitution of india forty second amendment act, 1976, effected on 03.01.1977, the words unity and integrity of the nation were inserted. the original word in the preamble fraternity means the the ..... will be relevant to cite the explanation given by dr. ambedkar for the word 'fraternity' explaining that 'fraternity means a sense of common brotherhood of all indians'. in a country like ours with so many disruptive forces of regionalism, communalism and linguism, it is necessary to emphasis and reemphasize that the unity and integrity ..... the constitutional provisions under section 51-a and the explanation given by dr. ambedkar for the word 'fraternity' means a sense of common brotherhood of all indians, we are of the firm opinion that the petitioners in these writ petitions are bound by the aforesaid constitutional obligation and mandate. it is the fundamental .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-18-2014
..... 73 comp. cas. 330; in re: bhagat industrial corporation ltd. v ego metal works p. ltd., 1975 indlaw del 62 (del).the present petition has been amended; the amendment sufficiently takes the ground of admission and a refusal to pay; the prayer is founded on this, and explicitly invokes the ground of an inability to pay. it is ..... view, substantially alter the position in his favour. d. premature publication 46. both parties have tendered a copy of the public notice issued by severn trent in the indian express, mumbai edition, on 18th december 2004. this notice is not part of the present record. it is reproduced in the annexure to this order in full, ..... petitioner states that the notice demanding payment of outstanding amounts dated august 4, 2004 was issued by the petitioners advocates under sections 433 and 434 of the companies act, 1956. the company replied to the winding up notice vide its letter dated september 1, 2004 and admitted and acknowledged therein that the company indeed owed monies .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Dec-17-2014
..... (2) this section applies to (a) any offence triable exclusively by the court of session or by the court of a special judge appointed under the criminal law amendment act, 1952; (b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence. (3) every magistrate who tenders a pardon ..... witnesses also to elicit on material part of the prosecution case in the chief examination itself without treating any of the witnesses hostile. section 141 of the indian evidence act, 1872 defined leading question to mean any question suggesting the answer which the person putting it wishes or expects to receive, is called a leading question ..... ." similarly, in vikramjit singh v. state of punjab, (2006) 12 scc 306 : (2006 air scw 6197), this court reiterated: "section 106 of the indian evidence act does not relieve the prosecution to prove its case beyond all reasonable doubt. only when the prosecution case has been proved the burden in regard to such facts which .....
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-15-2014
..... petitioner is an indian citizen and a practicing advocate. he claims to be affected by the levy of service tax on advocates. 4. the respondent before us is the union of india and respondent nos.2 and 4 are the officers of the respondent no.1, for the administration of the provisions of the finance act, 1994 as amended. the 3rd ..... violates the fundamental rights and is, therefore, violative of the constitution of india. 13. it is submitted that the levy of service tax after the constitutional 88th amendment act whereby section 92c was inserted in list 1 to provide for levy of taxes on services by the central government can only be under entry 92c and not under ..... mr. pakale equally baseless is the challenge based on the entry 92c of list i of schedule vii of the constitution of india. the argument that constitution (88th amendment) act has not been brought into force or effect, will not help the petitioners by any means. there is no bar for taxation and mr. pakale heavily relies upon article .....
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