Court : Mumbai
Decided on : Mar-13-2014
..... 5.08.2008 notification was issued proposing modifications to the reservation of railway reservation to dp road reservation and objections and suggestions were invited to the said amendment. 9. on 23.11.2009/24.12.2009, the petitioners' architect, space age consultant made an application to mumbai municipal corporation to allow residential ..... 2014) 2 scc 491), dealt with mrtp act, dc regulations, referring to permission and change of land use. it is observed that the mrtp act being an act to provide for planned development, the provisions of the dcrs will have to be read purposively and harmoniously, and not disjunctively.?. the plain reading of the ..... application for permission shall have due regard to the provisions of any draft or final plan [or proposal] [published by means of notice] [submitted] or sanctioned under this act. regulation 2 (7) of dc regulations defines amenity?. it reads thus: amenity? means roads, streets, open spaces, parks, recreational grounds, play grounds, gardens, .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-13-2014
..... 5.08.2008 notification was issued proposing modifications to the reservation of railway reservation to dp road reservation and objections and suggestions were invited to the said amendment. 9. on 23.11.2009/24.12.2009, the petitioners' architect, space age consultant made an application to mumbai municipal corporation to allow residential ..... 2014) 2 scc 491), dealt with mrtp act, dc regulations, referring to permission and change of land use. it is observed that the mrtp act being an act to provide for planned development, the provisions of the dcrs will have to be read purposively and harmoniously, and not disjunctively.?. the plain reading of the ..... application for permission shall have due regard to the provisions of any draft or final plan [or proposal] [published by means of notice] [submitted] or sanctioned under this act. regulation 2 (7) of dc regulations defines amenity?. it reads thus: amenity? means roads, streets, open spaces, parks, recreational grounds, play grounds, gardens, .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Mar-10-2014
..... regarding tampering of evidence is taken by the prosecution almost in all the cases. by resorting to section 288 of municipalities act, he submitted that the act of the applicant was in good faith. he also contended that section 304 of ipc cannot at all be applied to the present case. 11. on the contrary, mr. rivankar, learned public prosecutor ..... building operation is in conformity the provisions of the bye-laws. (e) it shall be necessary for every person whose plans have been approved or otherwise, to submit amended plans for any deviations that he proposes to make during the construction of his building work and the procedure laid down for plans and/or other documents here-to- ..... fore shall apply to all such amended plans; (f) the decision of the council in pursuance of the application referred to in bye-laws 5(d) shall be communicated to the person or to .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Mar-07-2014
..... as the stand in all other connected writ petitions. the respondents have submitted that rule 19 as amended is within the rule making power of the state government and is not contrary to the provisions of the prisons act, which by section 59 empowers the state government to frame such rules. it has further been stated ..... that considering the previous experience of the convicts to misuse and/or abuse benefit of parole leave, rule 19 was accordingly amended. in paragraph 11 of aforesaid affidavit, it ..... the learned counsel, therefore, prayed for dismissal of the writ petitions. statutory provisions: 5. since there is a challenge to the validity of the proviso to the amended provisions of rule 19 of the rules of 1959, it would be advantageous to refer to the relevant statutory provisions while considering the aforesaid challenge. the rules of .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-06-2014
..... the permission of the court before filing proceedings. nor do we see any reason to read such a requirement in section 13 or in any other provisions of the indian trusts act, 1882. 46. mr. chinoy's reliance upon the judgment of the supreme court in official trustee of tamil nadu vs. udavumkarankal and ors. [1993 supp. ( ..... of the mukesh mills property will be in accordance with the 1967 dc rules and the 1991/2011 crz notification, but this is not inconsistent with the amended dcr 58 under which the monitoring committee must oversee questions, among others, of surrender of land for public purposes to government agencies and authorities, the utilization and ..... corporation of greater bombay and other concerned authorities for obtaining approval of the same and to submit proposals and obtain approval from time to time for the amendments of such plans to the municipal corporation of greater bombay and other concerned authorities and to take such steps as are necessary with a view to obtain .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-05-2014
..... 3rd adjustment, plus the 4th adjustment and plus the 5th adjustment and bonds b shall be subject to plus the 6th adjustment.? 3. by an agreement titled second amendment agreement dated 13.08.2004, clause 4 of the agreement dated 31.05.2004 was modified as follows :- 2 consideration clause 4 of the agreement is hereby ..... paid to bbl by olympus (including all adjustments) as stated in clause 4 of the acquisition agreement shall be a fixed sum of three hundred and sixty-five million indian rupees (inr 365,000,000) (hereinafter referred to as the consideration?) which includes the agreed aggregated value of bonds a and bonds b of inr 117, rs ..... tiger elevator private limited and kone elevator india private limited (tepl). under the agreement subject to the orders of this court under sections 391 and 394 of the act, tepl and the petitioner agreed to implement the scheme of arrangement whereby the petitioner was to transfer its lift field operations business to tepl for the consideration and .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Mar-05-2014
..... corporation vs. lakshmidevamma - air 2001 sc 2090 (five judges' bench) was not considered by the labour court, which rejected the application of the petitioner and allowed the amendment application of the respondent. this order dated 26.12.2005 was not immediately challenged by the petitioner. 14. it is further submitted that the labour court considered the ..... regarding the defeat in the domestic enquiry by the written statement of defence filed by him in the application filed by the management under section 33 of the act. then, if the management chooses to exercise its right it must make up its mind at the earliest stage and file the application for that purpose without ..... any unreasonable delay. but when the question arises in a reference under s.10 of the act after the workman had been punished pursuant to a finding of guilt recorded against him in the domestic enquiry there is no question of the management filing any .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-28-2014
..... maintenance charges for the entire unexpired lock in period.? 13. two other clauses are material. clause 9.9 deals with liquidated damages, and clause 15.2 with amendments to the agreement. this is how they are cast: 9. covenants of the parties 9.9 upon the expiry of this license or on sooner determination/termination ..... law enunciated in union of india v raman foundry.(air 1974 sc 1265)four decades after it was delivered, that decision is still a locus classicus. in indian law, raman foundry says, there is no qualitative difference between liquidated damages and un-liquidated damages. all that section 74 does is to eliminate the nice distinctions ..... 28th february 2013, indiabulls denied treasure worlds contentions and reiterated its demand. this letter was issued as a statutory notice under sections 433 and 434 of the companies act, 1956. the petition was thereafter filed and served. treasure world filed an affidavit in reply, to which indiabulls filed a rejoinder. 10. i have heard mr. .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-28-2014
..... the findings of the commission on the above issue. (b) we also do not find merit in the petitioner's contention that as chapter xix-a of the act was amended w.e.f. 1 june 2007 till which date according to the petitioner, the applications had not been admitted, the proceedings should have been pending before the assessing ..... name of respondentsettlement application filed for1resp.no.2 star ltd.a.y. 2003-04 to 2006-072resp.no.3 asian broadcastinga. y. 2002-03 to 2006-073resp.no.4 indian region broadcasting ltd.a. y. 2001-02 to 2006-074resp.no.5 sgl entertainment ltd.a. y. 2004-05 to 2006-075resp.no.6 star television entertainment ltd.a. ..... , respondent nos.3 and 4 have filed appeals and the appeals are still awaiting disposal; (x) respondent no.5 was an intermediary company engaged in acquiring contents from indian and foreign sources to provide them to the channel companies. this was also brought to tax by the assessing officer for the first time during assessment year 2004-05. being .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-28-2014
..... there is no full utilization of the subject property or the said property in accordance with the terms and conditions of the exemption order dated 21.3.1981 as amended from time to time. 5. on 11.03.2004, presumably relying upon condition no. 2 in the exemption order dated 21.03.1981, which provides for ..... locus standi to challenge the validity of the subordinate legislation in question.? 48. the aforesaid opinions expressed by english jurists and judges have been quoted with approval in the indian context by the supreme court of india in the cases of (i) state of punjab and ors. vs. gurdev singh (1991) 4 scc 1), (ii) ..... consider whether aaifr has the jurisdiction to adjudicate upon the validity of action under the provisions of securitization and reconstruction of financial assets and enforcement of security interest act, 2002 (sarfaesi act). the division bench, in the said case observed as follows: .. in our opinion, therefore, the aaifr was perfectly justified in taking the view that .....
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