Court : Mumbai
Reported in : AIR1967Bom373; (1967)69BOMLR237
..... 1940 it was not obligatory on the arbitrators when they were even in number to appoint an umpire. the corresponding clause in the first schedule to the indian arbitration act of 1899 provided that the arbitrators 'may appoint an umpire at any time within the period during which they have power to make an award' in ..... that the two arbitrators 'shall nominate an umpire' the clause did not provide the time within which the nomination was to be made. section 3 of the arbitration act, 1940, which relates to an arbitration without the intervention of a court lays down that-'an arbitration agreement, unless a different intention is expressed therein, shall be deemed ..... civil court for setting it aside. the main ground advanced on their behalf was that the provision contained in clause 2 of the first schedule of the arbitration act, 1940, which required the arbitrators to appoint an umpire was a mandatory provision and that the breach of that provision by the arbitrators rendered the award invalid. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom413
..... petition filed by the non-applicant no. 1 suwalal, challenging the election of the application jaikumar to the janapad sabha, washim.2. the learned judge held that the acts of the applicant in using loud-speakers and in conveying voters to the polling booths constituted corrupt and illegal practices, that the result of the election was adversely affected ..... to be corrupt and illegal practices: (a) bribery, undue influence and personation as defined in sections 171b, 171c and 171d of chapter ix-a of the indian penal code; (b) the employment, or connivance at the employment, of any officer or servant of a sabha as an agent or for canvassing; (c) the ..... do not fall within the definition of corrupt and illegal practices contained in the rules framed under section 182(2)(vi) of the central provinces and berar local government act, 1948. the expression 'corrupt and illegal practices' has been defined thus in rule 1 of the rules framed under section 182(2)(vi):'the following shall be deemed .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1941Bom198; (1941)43BOMLR206
..... personam and not in rem, but it is an obligation annexed to the ownership of immovable property and is in the nature of a trust under section 91 of the indian trusts act. it is, therefore, clearly 'a right within the meaning of that term in order xxxviii, rule 10, and the attachment under section 64 is subject to that right. if ..... is whether a transfer of property in pursuance of such a right would be affected by the attachment. it is true that under section 54 of the transfer of property act a contract for sale of immoveable property does not, of itself, create any interest in, or charge on, such property, but it is also true that an attachment, whether ..... in connection with the question:--section 64, order xxi, rule 54, and order xxxviii, rule 10, of the civil procedure code, and sub-section 40 and 54 of the transfer of property act. section 64 and order xxi, rule 54, might seem at first sight to make the rights of the purchaser under the sale-deed subject to the rights of the attaching .....
Tag this Judgment!Court : Mumbai
Reported in : (1940)42BOMLR199
..... to issue any export quota rights in respect to it. subsequent to the execution and registration of the conveyance of the estate to the defendants, the dantmara tea company, limited, the licensing committee have recognised them as entitled to the export quota rights of the estate. thus the plaintiffs have in part at least possession of the ..... , any other reading of it would make a serious inroad on the whole scheme of the transfer of property act.10. it was suggested that by obtaining the export quota rights from the licensing committee the dantmara tea company, limited, as persons claiming under the transferors, were enforcing a right in respect of the property against the ..... of 1933), which was passed inter alia to regulate the export of tea from india. by section 3 of that act an indian tea licensing committee was set up and under other provisions of the act it was entrusted with the task of determining the total quantity of tea, termed the ' export quota,' which the owner of each .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1955Bom363; (1955)57BOMLR367; ILR1955Bom467; (1955)ILLJ13Bom
..... a short question has been raised in this appeal which however interesting is really not capable of very great elaboration. the petitioners, which are two limited companies, submitted certain draft standing orders to the commissioner of labour and the commissioner certified them with certain, modifications. the petitioners objected to the modifications made ..... parties we have to consider and construe a very short, and in our opinion a very simple act passed by the indian legislature being the industrial employment (standing orders) act (20 of 1946). the act is entitled: 'an act to require employers in industrial establishments formally to define conditions of employment under them.' .the preamble ..... .it may be pointed out that the case of the two companies in the petition is that they had, prior to the act coming into force, prepared certain standing orders which would apply to the employees of both the companies and therefore according to them there were existing conditions of service .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR115
..... entitled, and any act done with the intention of wrongfully depriving him of the benefit of such right would, in popular language, amount to an attempt to defraud him. it is for instance, commonly applied to the case of a person travelling on a railway without a ticket. this is referred to as an attempt to defraud the railway company. in that ..... . dealing with the last point first, i do not think that the magistrates did in fact err in allowing that evidence to go in. section 14 of the indian evidence act provides that facts showing the existence of any state of mind, such as intention or knowledge, are relevant, when the existence of any such state of mind is ..... is this sub section. no doubt if the word 'defraud ' is taken to be used in its ordinary legal sense, as it is, at any rate, used in the indian penal code, then i am of opinion that the conviction of the accused cannot be sustained, because in the ordinary legal sense the expression ' intent to defraud ' implies conduct coupled .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1983Bom258; (1983)85BOMLR129
..... and occupation which is the minimum that is required to be permitted by reason of the act that the premises are a matrimonial home.10. unlike the provisions of the married women's property act, 1882, the position in the context of the indian law is quire different and still follows the rule of title to the property and the ..... obligations arising out of marriage. the earlier case of this court (a. v. b) 1978 (80) bom lr 382 is distinguishable because of the act that the house belonged ..... that in the divorce petition filed by the husband.12. the position of matrimonial homes available to spouses governed by provisions of the hindu marriage and hindu succession act does not support such conduct. only in given and exceptional cases on the ground of extraordinary immoral, vexations conduct the interim relief of the kind may be extended .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(1)BomCR281
..... included in the value of indian made foreign liquor for the purposes of calculating octroi when it is imported under bond into greater bombay from a state other than maharashtra? the question must be answered with reference to the octroi rules of the municipal corporation of greater bombay.2. the bombay prohibition act, 1949 defines, in ..... liable to octroi into greater bombay from any other areas outside greater bombay.' under rule 2(4) 'place of import' means 'the docks, bunders, wharfs, railway yards, sidings, depot, air port terminus, municipal octroi posts at roads across greater bombay limits and such other places at which the articles arrive within greater bombay for ..... mean the conveying of any article liable to octroi into greater bombay from outside greater bombay. the place of import is defined to mean the docks, railway yards, air ports and octroi posts at roads across greater bombay limits and such octroi place at which articles arrive within greater bombay. the emphasis is .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(3)BomCR616
..... , maintaining and providing services, and facilities, rather than in the production of or trade in goods. for the purposes of co-ordination with various government agencies, a joint stock company under the indian companies act may be ill-suited. the decision of government on the recommendations of administrative reforms commissions was that the statutory corporation form is preferable for enterprises providing public utilities as ..... to any such controlled industry as may be specified in this behalf by the central government, or (ii) any establishment of any railway, cantonment board, major port, mine or oilfield, or (iii) any establishment of a banking or insurance company, the central government, (2) in relation to any other establishment, the government of the state in which that other establishment is situated .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom325
..... class of subjects to which it really belongs.'13. the said doctrine of pith and substance has been made appliance ot the cased under the government of india act, 1935 and the indian constitution also. see prafulla kumar v. bank of coomerce, v. mutuswami, air 1941 fc 60, subramanyan v. mutuswami, air 1941 sc 297 ; and ..... powers of the courts, itself shows that the subject matter of the law relating to procedure, jurisdiction and powers of the authority created under the ceiling act is not necessary connected with the primary purpose of te enactment with the primary purpose of the enactment viz. a legislation relating to land or a legislation ..... has approached this court by preferring the instant writ petition challenging the initiation of the aforesaid revisional proceedings against her under section 45(2) of the ceiling act, on the ground that the said revisional proceedings are liable to be quashed and set aside and the additional... the said revisional proceedings against her. the .....
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