Court : Mumbai
Decided on : Jul-09-2014
..... copy thereof: provided that, in case of such instruments executed on or after the 4th july, 1980, to the date of commencement of the bombay stamp (amendment) act, 1985, an extract of the instrument to be taken from the registration record shall be deemed to be the true copy accompanying the instrument, presented for ..... : provided further that, in respect of references pending with the collector of the, district, before the commencement of the maharashtra tax laws (levy second amendment and validation) act, 1996, for determination of true market value of the immovable property which is the subject matter of the instrument, the person liable to pay the ..... of such property: provided that, in respect of the instrument presented for registration before the date of commencement of the maharashtra tax laws (levy, second amendment and validation) act, 1996 where, in the opinion of the registering officer, the true market value of the immovable property, which is the subject matter of the said .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Jun-16-2014
..... encroachments. by the amendment, appellate power was conferred on the commissioner in place of standing committee of zilla parishad for obvious reasons. ..... so, in my opinion, sub-section (2) of section 53 of the said act gives a power and duty to the applicant village panchayat to remove the encroachment. in fact, proviso to sub-section 2 of section 53 was added by amending act no.38 of 2006 to provide for compulsion on the village panchayat to remove the ..... osmania university and others 3) 1986 mh.l.j. 618: gram panchayat kuhi vs. vijaykumar bhalotiya 4) 2010 (3) mh.l.j. 196: city of nagpur corporation vs. indian gymkhana 5) 2013 (5) all mr 190 : the commissioner akola vs. bhalchandra mahashabde 6. per contra, mr. avinash gharote, learned counsel for the non-applicants vehemently opposed the .....
Tag this Judgment!Court : Mumbai
Decided on : May-07-2014
..... entries in the register he would record a finding with reasons therefor. upon the charity commissioner's satisfaction the entries in the register would be amended or deleted. such order is appealable under the act and subject to such appeal the change would be final and conclusive. (ix) under section 70(b) the finding under section 22 is ..... defendants have raised the plea of the lack of this court's inherent jurisdiction upon it being impliedly barred under section 80 of the bombay public trusts act, 1950 (bpt act) and also on the ground that the first suit is filed for declaration and the second suit for injunction by the public trust or the plaintiffs as ..... order of the charity commissioner under section 22(3) of the bpt act. the change notice having been given, it would be for the authority under the act to consider whether the change has occurred along with the reasons. the authority would consider the amendment made in the entry in the register which would be final and conclusive .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-08-2014
..... , so far as applicable, shall apply to all proceedings under the companies act. the provisions relating to amendments of pleadings would, therefore, apply to amendment of pleadings under the companies act. there is no bar to an amendment which incorporates subsequent events if the amendment is otherwise necessary for proper determination of issue between the parties. in the ..... to the cash requirements of the company, as may be resolved by the board, the company can call upon the founding shareholder, the strategic investor and the indian investor, from time to time, for an agreed infusion of capital of up to rs.4,670,000,000 (rupees four billion six hundred and seventy ..... mr. madon stated that only two companies had been held to be guilty of a fraud and that in the other companies which continue to function the indian shareholders had exited. even ignoring mr. madon's contentions it would make no difference. the factors relevant to the financial and commercial viability of the companies .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Feb-28-2014
..... service) rules, 1981 and who continues to be in service in any school on the date of commencement of the maharashtra employees of private schools (conditions of service ( (amendment) rules, 1984, shall be continued in service on the condition that he obtains the prescribed training qualifications at his own cost before 1st june, 1987, unless he has already ..... dismissed or removed or his services shall not be otherwise terminated and he shall not be reduced in rank by the management except in accordance with the provisions of the act and the rules made in that behalf. rule 28 which deals with the termination of services of temporary employee is reproduced below; 28. removal or termination of service ..... in service by treating him to have been appointed on probation for a period of two years in terms of sub-section (2) of section 5 of meps act. it has further been held that the petitioner was not qualified as he did not possess the qualification of b.ed., at the time of his initial appointment. .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Feb-25-2014
..... road and take possession of the same within six months (the period of six months is now enhanced to twelve months by the amendment of 2009). it was stated in the said notice that the failure of the respondents to utilize the said land for the purpose of reservation shall tantamount to ..... the purpose of development as otherwise is permissible in the case of the adjacent land under the relevant act. 20. the twelve months (as amended by maharashtra act xvi of 2009 dated 25th june, 2009) time frame provided under the act from the date of receipt of the purchase notice under section 127 bind the acquiring body to take steps ..... of the road began which did not even touch the petitioners land. 8. the petitioner, therefore, issued a notice under section 127 of the maharashtra regional town planning act, 1966 (mrtp act?, for brevity, hereinafter) calling upon the respondents to commence the proceedings for fixation of the price of the land reserved for the garden and the ring .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-11-2014
..... had obtained ex-parte order of arrest on the ground that defendant no. 2 vessel owned the defendant no. 1 vessel and several other vessels. this was later amended to state that defendant no. 2 along with blt are the owners/beneficial owners/the entity which are in various fields (including defendant no. 1 vessel) formed ..... effected upon the defendant no. 1 and her sister vessels...........? (emphasis supplied) 6 after obtaining the order of arrest, the plaintiffs had on leave being granted amended para 2 and the amended para 2 reads as under:- the defendant no. 1 vessel is a foreign flagged vessel which is currently in port and harbour mumbai. the defendant no ..... for, a judgment in respect of that claim can be enforced against that ship by judicial or forced sale of that ship.? 34 indian law views each company incorporated under the companies act as a separate and legal entity from its shareholders and other companies and the fact that the two companies have common shareholders or common .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Jan-29-2014
..... wide ranging functions which are now enumerated in the constitution. they are now given a status under part ix a of the constitution introduced by the 74th amendment w.e.f. 1.6.1993. article 243-w lays down the powers of the municipalities to perform the functions which are listed in the twelfth ..... of monopolies and restrictive trade practices commission and former chairman of railway tariff committee, in his monograph jawaharlal nehru and the planning commission? (published by indian institute of public administration in september, 1964) notes that nehru linked up the work of planning commission directly to the fundamental rights and the directive principles ..... and onerous to fulfill the task and obligations in terms of the municipal law and the planning law. the scheme of the m.r.t.p. act, 1966 act has been set out and what is alleged is that the sanctioned development plan envisages designations, reservations and proposals for providing educational facilities, recreation, entertainment, .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-18-2014
..... of claim, shares were not sold by nse. in the alternative, learned counsel placed reliance on section 23(3) of the arbitration and conciliation act which permits a party to make amendment to his claim or defence during the course of arbitration proceedings. it is submitted that cause of action commences from the date of knowledge. though ..... have been rendered which cannot be interfered with and/or reappreciated by this court under section 34 of the arbitration and conciliation act 1996. 12. in so far issue of maintainability of application for amendment on the ground that on the date of making such application or on the date of sale of shares by the nse, ..... december 2002 and opposed the said submission. petitioner also contended that respondent no.1 could not amend the statement of claim without filing formal and appropriate application as set out in section 23(3) of the arbitration and conciliation act 1996. it was contended that there was change of cause of action and the application was .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-18-2014
..... of claim, shares were not sold by nse. in the alternative, learned counsel placed reliance on section 23(3) of the arbitration and conciliation act which permits a party to make amendment to his claim or defence during the course of arbitration proceedings. it is submitted that cause of action commences from the date of knowledge. though ..... have been rendered which cannot be interfered with and/or reappreciated by this court under section 34 of the arbitration and conciliation act 1996. 12. in so far issue of maintainability of application for amendment on the ground that on the date of making such application or on the date of sale of shares by the nse, ..... december 2002 and opposed the said submission. petitioner also contended that respondent no.1 could not amend the statement of claim without filing formal and appropriate application as set out in section 23(3) of the arbitration and conciliation act 1996. it was contended that there was change of cause of action and the application was .....
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