Court : Mumbai
Decided on : Aug-11-2014
..... and reasons runs thus: statement of objects and reasons the law commission of india has recommended in its 97th report that section 28 of the indian contract act, 1872 may be amended so that the anomalous situation created by the existing section may be rectified. it has been held by the courts that the said section 28 ..... be sound in theory but, in practice it causes serious hardship and might even be abused. 2. it is felt that section 28 of the indian contract act, 1872 should be amended as it harms the interests of the consumer dealing with big corporations and causes serious hardship to those who are economically disadvantaged. 3. the bill ..... serious hardship to parties and could be abused specially if they were consumers dealing with large corporations. the legislature, therefore, did the act of power balancing. the law came to be amended. the amended law, therefore, caused all contracts where the remedy was relinquished as also where the right to sue was extinguished or a discharge was .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-24-2014
..... schedule means the resolution no.mut-1004/1671/158/2004/ld10 dated 19th august 2004 issued by gom in exercise of the powers conferred by the indian tramways act 1886 (bombay amendment act 1948) in respect of the levy and collection of the toll from commuters and a copy of which is at schedule-l. 5. under ..... dated 28/08/2013 to the said company, recorded that mmrda vide letter dated 19/03/2012 had advised the respondent no. 3 company to follow metro act (amendment) act, 2009 for obtaining clearance. mmrda made reference to state government to issue notification recognizing the said company as metro rail administration. by the said letter, the ..... rapid transit system (mrts) along the versova-andheri-ghatkopar corridor through a concession on public private partnership format and approved the said project under the provisions of indian tramways act 1886. 3. on 21st august 2004, mmrda invited proposals for selection of a bidder for development and operation of the said project on build, own, .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-13-2014
..... list iii under the seventh schedule to the constitution of india. it is observed in the judgment that the advocates act, 1961, was passed to amend and consolidate the law relating to legal practitioners and the object of ihe act was to constitute one common bar for the whole country and to provide a machinery for its regulated functioning. in ..... which was the basis for the 2008 rules, in the absence of any apparent arbitrariness or illegality. the petitioners are not enabled to draw any sustenance from the decision in indian council of legal aid and advice and others vs. bar council of india and another, (1995)1 scc 732, as it was rendered in a wholly different context. ..... candidate desiring enrollment as an advocate must fulfill the conditions set out under the relevant clause of section 24 read with rule 1(1 )(c) of the rules." in indian council of legal aid and advice and others vs. bar council of india and another, (1995) 1 scc 732, the issue that arose for consideration was. the validity .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-09-2014
..... in s.a.no.566 of 2011, at length. 2. the question whether section 6 of the hindu succession act, 1956 (for short 'principal act') as amended by the hindu succession (amendment) act, 2005 (for short 'amendment act') is prospective or retrospective in operation, falls for consideration. some of the learned counsel submitted that the said section is ..... sai reddy case and observed that the legal position enumerated therein is wholly and squarely applicable. in other words, he submitted that section 6 of amendment act is retrospective. though the apex court held in ganduri koteshwaramma that section 6 is retrospective, the decision of the division bench in vaishalisatish ganorkar is given ..... , christian, parsi or jew by religion. in the case of a testamentary disposition, this act does not apply and the interest of the deceased is governed by the indian succession act, 1925. 2. section 6 of the act deals with devolution of interest of a male hindu in coparcenary property and recognises the rule .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : May-08-2014
..... of which the honble supreme court has held that 4. on going through the changes, quoted above, made to s.147 of the act, we find that, prior to direct tax laws (amendment) act, 1987, reopening could be done under above two conditions and fulfillment of the said conditions alone conferred jurisdiction on the ao to make a back ..... that there is escapement of income from assessment. reasons must have to s. 147 of the act, as quoted the belief. our view gets support form the changes made to s. 147 of the act, as quoted hereinabove. under the direct tax laws (amendment) act, 1987, parliament not only deleted the words reason to believe? but also inserted the word ..... a division bench of the madras high court interpreting the scope of the words 'information which has come into his possession' found in sec. 34 of the indian income tax act, observed thus: we are unable to accept the extreme proposition that nothing that can be found in the record of the assessment which itself would show escape of .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-03-2014
..... . pande, ex head master of bansidhar agarwal school was not connected with the management. the management had filed a copy of schedule iii maintained under bombay public trusts act, 1950 as regards the amendment on the constitution of trust which permitted the trust board of the management to nominate or appoint an employee or a person not related to the trust or ..... nominates a person not related to trust or institution for any administrative work or investigation or any committee including enquiry committee formed under the government act or the rules. it was submitted that pursuant to this amendment, a resolution has been passed appointing mr.pande as a member in the enquiry committee. as far as the matters of internal administration are concerned .....
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 .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Feb-24-2014
..... a reference made under section 18 prior to 24.9.1984 in respect of land covered by the same notification any award made under section 26, prior to the amendment act had come into force, the award under section 11 is not liable to be reopened for redetermination of compensation even through three months period has not expired by 24. ..... come into force. the amount "awarded" speaks of past tense. in other words there must be an award in existence under section 26 made after the amendment act came into force. the right and remedy to claim redetermination accrues to an interested aggrieved persons after 24.9.1984. the proviso amplifies it when it speaks of exclusion ..... prospective operation of the provisions in section 28a(1) consistent with the language as explained earlier and the object of the amendment.? 8. the issue of delay in filing an application u/s 28a of the land acquisition act, 1894 was considered by the learned single judge of this court in the case of state of goa and another vs. .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-24-2014
..... a reference made under section 18 prior to 24.9.1984 in respect of land covered by the same notification any award made under section 26, prior to the amendment act had come into force, the award under section 11 is not liable to be reopened for redetermination of compensation even through three months period has not expired by 24. ..... come into force. the amount "awarded" speaks of past tense. in other words there must be an award in existence under section 26 made after the amendment act came into force. the right and remedy to claim redetermination accrues to an interested aggrieved persons after 24.9.1984. the proviso amplifies it when it speaks of exclusion ..... prospective operation of the provisions in section 28a(1) consistent with the language as explained earlier and the object of the amendment.? 8. the issue of delay in filing an application u/s 28a of the land acquisition act, 1894 was considered by the learned single judge of this court in the case of state of goa and another vs. .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-05-2014
..... : provided that, a person having more than two children on the date of commencement of the maharashtra municipal corporations and municipal councils, nagar panchayats and industrial townships (second amendment) act, 1995 (hereinafter in this clause (referred to as "the date of which commencement"), shall not be disqualified under this clause so long as the number of children he ..... stands disqualified on account of the fact that a third child is born to him on 8-12-2003. the said provision has been inserted in the said act sometime in the year 2001. one of the reasons possibly of inserting the said provision was to make the peoples representatives as the trend setters, so that they ..... serjil being born after the cut-off 12/09/2001. the petitioner on account of the said fact would stand disqualified under section 10(1)(i) of the said act. in my view minor discrepancies in the evidence led on behalf of the respondent no.1 herein would have no bearing on the conclusion reached by the trial court .....
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