Court : Mumbai
Decided on : Feb-07-2014
..... its contractual obligations. (f) the copies of the agreement that reliance sent roml were, mr. jain said, only a proposal. under section 7 of the indian contract act, 1872, that proposal would result in a concluded contract only if the acceptance was absolute and unqualified. it was not. this was not even reliances case as ..... and the correspondence on which the contract depends. 10. countering these submissions, mr. jain cited the decision of the supreme court in rickmersverwaltung gmbh v indian oil corporation ltd (1999) 1 scc 1)for the proposition that the correspondence and other contemporaneous material must unequivocally and clearly show that the parties were ..... clause 11 of the agreement. this is a clause cast in a words common to such agreements. it says that no amendment to the sponsorship agreement (including its annexure) binds either party unless the amendment is in writing and signed by both parties. roml must, he submitted, be deemed to have accepted the agreement with .....
Tag this Judgment!Court : Patna
Decided on : May-14-2014
..... difficult to conclude that the division bench judgment of this court in the case of ram chandra pansari (supra) has been rendered without the benefit of having noticed the amending act 36 of 1987, the judgment of the supreme court in the case of wassan singh, radha kishan, shyam lal sharma, state of kerala vs. alasserry mohammed etc. ..... in respect of the commodity. it is, therefore, evident that division bench in the case of ram chandra pansari (supra) could not notice the amending act 36 of 1987 whereunder offence under the act is made cognizable as also the supreme court judgments noted above in the case of wassan singh, radha kishan, shyamlal sharma, state of kerala vs. ..... kishan vs. state of u.p.). the supreme court dealing with the issue of illegal search and seizure in context with an offence under section 52 of the indian post office act, 1898 held as follows: œ5 ..so far as the alleged illegality of the search is concerned it is sufficient to say that even assuming that the search .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-02-2014
..... permitted period of time. 18. the appellants filed their applications under section 5(1)(a) of the 1955 act for registration of their names as indian citizen on 31.08.1998, i.e. prior to coming into force 2004 amendment and when the unamended provisions of section 5(1)(a) was in force. since the appellants have claimed ..... for registration is eligible for consideration for registration as indian citizen. 17. sub-section (1) of section 5 has been substituted by act 6 of 2004, which came into effect from 03.12.2004. clause (a) of sub-section (1) of section 5, after such amendment, makes a person of indian origin, who is ordinarily resident in india for ..... not entitled to apply for registration of their names as indian citizen, cannot, therefore, be accepted. 19. the appellants in the writ petition have pleaded that they filed the applications for registration of their names under section 5(1)(a) of the 1955 act, prior to the 2004 amendment, which having not disputed by the state of assam or .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-07-2014
..... granted relief of possession when relief of possession is not sought for in the suit filed in o.s.130/1995. it is further argued that unless plaint was amended suitably to include relief of possession, suit filed for relief of mandatory injunction could not have been converted into suit for possession. in this regard, decision in ..... belonging to another by fixing stone slabs will not cloth him with the right over the property more particularly under section 53-a of transfer of property act. if the act of shylesh kumar of fixing stone slabs was not liked by radhamma and her son mukundakumarji, he would not have told srinivas murthy to remove the slabs ..... with rajagopal. srinivas murthy is not at all examined. non- examination of any material witnesses gives rise to drawn adverse inference under section 114(g) of evidence act against the plaintiff seeking equitable relief of specific performance. the author of the letter dated 28.1.1995 would have been the best person to explain the context of .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-30-2014
..... in the case of sha chunnilal sohanraj vs. t. gurushantappa reported in 1972(1) mys.l.j. page 327 db has held as under: "when an amending act has stated that the old sub-section has been substituted by the new sub-section the inference is that the legislature intended that the substituted provision should be deemed ..... dealing with the question whether a substituted provision necessarily means the amended provision is retrospective in nature has held as under: "a substituted section in an act is the product of an amending act and all the effects and consequences that follow in the case of an amending act the same would also follow in the case of a substituted ..... to have been part of the act from the very inception." 12. recently, the hon'ble apex court in the case of government of india vs. indian tobacco association reported in 2005(187) elt page 162 (sc), while dealing with the exemption notification which .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-16-2014
..... and 227 of the constitution. (2) interlocutory orders, passed by the courts subordinate to the high court, against which remedy of revision has been excluded by the cpc amendment act no.46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court. (3) certiorari, under article ..... 2(10) defines the expression "standard rent". section 10(1) provides that on and after the commencement of the bombay rents, hotel and lodging house rates control act (amendment) act, 1986 (maharashtra 18 of 1987), where a landlord is required to pay to government or to any local authority or statutory authority, in respect of any premises, ..... arise before the high courts. we sum up our conclusions in a nutshell, even at the risk of repetition and state the same as hereunder:- (1) amendment by act no.46 of 1999 with effect from 01.07.2002 in section 115 of code of civil procedure cannot and does not affect in any manner the jurisdiction of .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-15-2014
..... is not stamped and no ad valorum court fee is paid in this petition and hence the award cannot be enforced. 9. the object of the act is to consolidate and amend indian laws relating to domestic as well as international commercial arbitration and enforcement of foreign arbitral awards. it is held in the case of fuerst day lawson ltd ..... behalf of bil that the enforcement of the award would be required to be stamped in the case of madhya pradesh under the specific provisions contained in the indian stamp act applicable to madhya pradesh and that if so done court fee of rs. 4 million would be required to be paid. it is contended that the award ..... . vs. jindal exports ltd., (2001) 6 supreme court cases 356, that object of the act is to minimize the supervisory role of the court and to give speedy .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-13-2014
..... effective and to safeguard interests of the purchaser of the flats, the government of maharashtra considers it expedient to carry out certain amendments to the existing provisions of the said act. the important amendments produced to be carried out are as follows: (a) it is proposed to provide for appointment of one or more competent ..... act (except under section 12a), for a period of five years so as to debar him from being granted any permission by the local authorities under the relevant laws for undertaking construction of flats. (c) the proceedings before the competent authority are given the status of judicial proceedings for the purposes of sections 193 and 228 of the indian ..... adopted by the developers/promoters to deny the society or condominium of flat purchasers the conveyance of the property that the provisions of the mofa were amended so as to provide for the grant of unilateral deemed conveyance. in my view therefore, the order passed by the competent authority of making the .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-13-2014
..... prerogative writs under article 226 of the constitution of india. the jurisdiction under article 226 of the constitution of india can be taken away only by way of an amendment to the constitution of india. in the case of in re kerala education bill 1957, the apex court held that the law made by an appropriate legislature in exercise ..... , 32(3) and 367(1) of the constitution where it must mean law enacted by a legislature. he also relies on the definition of indian law in s.3(29) of the general clauses act and submits that the work law in cl.33 must mean a law of the same kind as the civil procedure code of 1908, that is to say ..... 2002 by framing the following three substantial questions of law:- (i) whether suit of the plaintiff is maintainable for want of notice under section 304 of the maharashtra municipalities act, 1965? (ii) whether the plaintiff can claim possession and is alleged to have been continued in possession despite the fact that the compensation of the said land declared as .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-20-2014
..... reads as under:- rule 46: forfeiture of service on resignation - (1) resignation from a service or a post entails forfeiture of past service. rule 67 of leave rules 1981 as amended in 2001 and applicable reads as under:- rule 67: leave beyond the date of compulsory retirement or quitting of service (1) . . . (2) . . . (3) ..... of a panchayat and was governed by service rules made by the state government. however, the respondent therein had applied to the controlling authority under the gratuity act, 1972 for payment of gratuity. the controlling authority therein without considering the fact that the respondent was an employee of the state and would be governed ..... by specific rules applied the provisions of gratuity act, 1972. it was in the above circumstances the court held that the orders of the controlling authority is without jurisdiction. to the same effect as the .....
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