Court : Mumbai
Decided on : Mar-24-2014
..... in any other law for the time being in force, every banking company;- (a) in existence on the commencement of section 3 of the banking laws (amendment ) act, 1968 (58 of 1968), or (b) which comes into existence thereafter, shall comply with the requirements of this section: provided that nothing contained in this ..... no. 1). after a couple of unsuccessful attempts to sort out the matter, the plaintiffs filed the present suit asserting their rights inter alia as indian partners to act jointly in the matter of nomination of i p representative directors of defendant no. 6 under the articles. the plaintiffs inter alia challenged the items ..... and assigns. the articles and the agreements required the board of defendant no.6 to consist of representative directors and independent directors. each of 'rabo' and 'indian partners' had the right to recommend the appointment of three directors as representative directors? to be known, respectively, as rabo representative directors? and ip representative .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Mar-21-2014
..... learned presiding officer rejecting the application seeking permission to amend the written statement filed by the appellant no.1. however, the appellants have neither prayed for setting aside that order nor a copy of that order ..... written statement of general denial. the appellant no.2 has not filed the written statement. the appellant no.1 had filed an application praying for permission to amend the written statement. however, the learned presiding officer had rejected the application. the appellants have raised grounds about the legality of the order passed by the ..... not making deduction and for personal expenses as laid down in the note below schedule ii of the motor vehicles act? (iv) whether the order rejecting the application filed by the appellant no.1 praying for amendment of the written statement has to be set aside? (v) whether the award passed by the tribunal is in .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Mar-20-2014
..... penal statutes of the states in u. s. a. framed after furman v. georgia, in general, and clauses 2 (a), (b), (c), and (d) of the indian penal code (amendment) bill passed in 1978 by the rajya sabha, in particular, dr. chitale has suggested these "aggravating circumstances" : "aggravating circumstances : a court may, however, in the following ..... of death sentence is concerned, the learned public prosecutor submits that the accused persons, with ill motive of causing terror in the society, have committed drastic act of kidnapping the deceased from her home, and when she tried to save her and sought shelter in her uncles home, they forcibly took her to the ..... some boys tried to rescue kanchan and the police station was informed about the incident by telephone. the first informant and the villagers were frightened due to said act of rakesh and his accomplice since they were armed with deadly weapon. therefore, villagers could not dare to rescue kanchan. on gathering information as to who .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-20-2014
..... has placed on record a letter dated 28th february 2014 addressed to him by the state government which records that the state government proposes to make necessary amendments to the impugned government resolution dated 30th november 2011 with a view to make the process fair and transparent. the letter records the proposed modifications and ..... decision has recognized that the government, in a welfare state, is in a position of distributing largesse in a large measure and in doing so the government cannot act at its pleasure. this court perusing the new jurisprudential theory of professor reich in his article on the new property? accepted the following dictum contained therein: ..... of largesse by the state or its agencies/instrumentalities by treating the exercise as a private venture is liable to be treated as arbitrary, discriminatory and an act of favouritism and/or nepotism violating the soul of the equality clause embodied in article 14 of the constitution. 67. this, however, does not mean .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-20-2014
..... subordinate legislative body to enact a particular rule. in state of tamil nadu vs. k. shyam sunder, the supreme court held that if an amending act of the legislature is struck down for want of legislative competence or on the ground that it is violative of the fundamental rights in part-iii of ..... petitioners referring to the supreme court judgment christian medical college (supra) and even referring to the relevant notifications under the indian medical council act (for short, the imc act?) including the subsequent notifications, (amending the 2000 mci regulations) pointed out that 2009 regulations are superseded and/or cannot be relied upon by the state, ..... -service candidates was on record even on 20 october 2008. 9. the state therefore, knowing fully the effect of mci regulations under the indian medical council act (for short, the imc act) proceeded to continue with 25% seats for diploma and for degree courses for in-service candidates, practically every year. throughout the state, .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Mar-19-2014
..... , upon receiving the copy of the criminal complaints no.119/2011 and 02/2012 filed by the appropriate authority under pcpndt act before hon'ble jmfc, khamgaon, for violating various provisions of pcpndt act as amended up to date. upon perusal by the executive committee of the maharashtra medical council on 04.12.2013, it is noted ..... you are hold on suspension from the practice on considering public interest and by allowing you in medical practice lead to further violation of pcpndt act, as amended up to date till the inquiry is completed by the council. thus your registration no.56463 with the maharashtra medical council is hereby suspended ..... in public interest. the registrar is directed to comply as above and frame the charges accordingly.? 8. my attention is also invited to clause 7.6. of the indian medical council (professional conduct, etiquette and ethics) regulations, 2002, which is reproduced below : sex determination tests. on no account sex determination test shall be undertaken .....
Tag this Judgment!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
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 : Mar-14-2014
..... precincts, special permission from the municipal commissioner may be obtained if the height of the building exceeds 24 mtrs excluding height of stilt on ground floor.? the above amendment extends the facility to reconstruct a building of a height in excess of 24 mtrs. inter alia even to redevelopment projects under regulation 33(6) of the dcr ..... that the erstwhile commissioner who had granted permission to vasant sagar to construct a building in excess of 24 mtrs. in height had post his retirement from the indian administrative service joined a company in zee group to which vasant sagar also belongs. therefore, it is submitted that the exercise of discretion on the part of ..... case amendments in 1999 and 2009 of regulation 67 of the dcr 1991 would itself indicate that the government directive dated 25 april 1995 came to an end as the same was not incorporated into the dcr 1991. alternatively, it is submitted that unless the directive which is issued under section 37 of the mrtp act is acted .....
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