Court : Mumbai
Reported in : 2008(1)ALLMR604; 2008(2)BomCR780; [2009]147CompCas579(Bom); [2008]82SCL79(Bom)
..... notice at this stage a decision of this court in universal imports agency (universal imports agency v. chief controller of imports and exports) : [1961]1scr305 . in that case under the indo french agreement entered into by and between the two nations on 1111954, the entire administration of french settlement vested in the government of india. the territory of pondicherry, thus, became .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)ALLMR355; III(2008)BC149; 2007(5)BomCR125; (2007)109BOMLR1273; 2007(4)MhLj149; [2008]81SCL477(Bom)
N.V. Dabholkar, J.1. Appellant-original Plaintiff, by present appeal, challenges the judgment and order dated 23.12.2005 delivered by 4th Adhoc Additional District Judge, Jalgaon, in Special Civil Suit No. 212 of 1999. By the impugned judgment and order, learned Additional District Judge was pleased to reject the plaint and dispose of suit, by arriving at a conclusion that Civil Court had no jurisdiction to entertain the suit. Although suit is disposed of by rejection of plaint, since the decree as defined by Section 2(2) of the Code of Civil Procedure, 1908, includes 'rejection of plaint', appeal under Section 96 is preferred, challenging the said judgment and order.2. Special Civil Suit No. 212 of 1999 was filed in the court of Civil Judge, Senior Division, Jalgaon, by present appellant for the purpose of recovery of amount of Rs. 1,80,19,089.55 along with future interest at the rate of 22% per annum on the basis of averment to following effect; Plaintiff is the sole proprietor of th...
Tag this Judgment!Court : Mumbai
Reported in : 2010(1)MhLj658
A.M. Khanwilkar, J.1. The question as referred by the Learned Single Judge of this Court for consideration of the larger Bench, is as follows:Whether in view of the provision of Section 5 of the Arbitration and Conciliation Act, 1996, if any Agreement between Licensor and Licensee contains a clause for arbitration, the jurisdiction of the Small Causes Court under the Presidency Small Cause Courts Act, 1882 would be ousted?2. The background in which the matter has been placed before us to examine the above question can be briefly mentioned as follows:The Petitioners are lessees in respect of godown premises admeasuring 18,850 sq. meters being Shed TW-1 at Cotton Green Depot. The Mumbai Port Trust is the owner thereof who vide letter dated 26th February, 1975 gave the said premises on lease to the Petitioners. Sometime on or around 19th September 2002, the Respondents approached the Petitioners for storage facilities. By a Memorandum of Agreement dated 19th September 2002, the storage fa...
Tag this Judgment!Court : Mumbai
Reported in : [2002]109CompCas18(Bom)
..... mah. lj 940. that judgment refers to the statement of objects and reasons for adding section 9a which in turn refers to an earlier judgment in the case of institute indo/portuguese v. borges : air1959bom275 , wherein this court had taken a view that the city civil court need not go into the question of jurisdiction while granting interim relief. this had .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)BomCR293
..... corruption tends to be more widespread in authoritarian or totalitarian regimes and when public opinion and the press are unable to denounce corruption. corruption develops because of confusion about the borders between state and society and between traditional and modern values. it can be expected to grow during phases of transition. corruption should disappear in modern stable democratic societies. instead, it ..... 's playground, playground, park, garden, green belt, fire brigade, parking, p.m.t parking, pumping station, office complex, civic and cultural centre, slum improvement, post office, economically weaker section housing, police chowky, municipal purpose, high level after tank, cremation and burial ground, cattle shed and industrial zone. the relevant entry is at serial no. 8. serial no. 8 shows that in .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)ALLMR164; 2008(6)BomCR789; (2008)110BOMLR2621; 2009(2)MhLj56
..... practice at other offices in goa and that there were similar alleged lapses.16. shri kakodkar then submits that inquiry officer relied upon statements of some persons given before the police which were attached by the presenting officer to his written brief after closure of the inquiry which were not given to the petitioner during the course of inquiry. shri kakodkar .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(6)MhLj545
1. The learned Single Judge (Coram : V.R. Kingaonkar, J.) by his order dated 24.4.2007 has made Reference to Larger Bench and accordingly by orders of Honourable the Chief Justice this Special Bench is constituted. The point of Reference can be summed up as follows:Whether as against interim order of suspension passed under Section 41D(3) of the Bombay Public Trusts Act, 1950, an application to District Court and against order of District Court in such application, an appeal to High Court are tenable2. In Second Appeal No. 824 of 2006 the learned Judge has expressed view that application to District Court or an Appeal to this Court are not tenable against interim order passed under Section 41D(3) of the Bombay Public Trusts Act, 1950 (hereinafter referred to, 'the Act of 1950'); whereas in Writ Petition No. 656 of 1999 view is expressed by the learned Judge (Coram : B.H. Marlapalle, J.) that such application to District Court and an appeal to High Court are tenable.3. Before we proceed...
Tag this Judgment!Court : Mumbai
Reported in : 1994(3)BomCR403
..... municipal corporation act, it has been observed at page 2293 of the report as under :-'41. it seems to us the words of section 170(b) are capable of a border interpretation. a perusal of section 170 shows that the section uses three different expressions 'heard or determined', 'brought' and 'admitted' in relation to an appeal and some significance is to .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)BomCR419
..... and 398 of the companies act and sought supersession of the board. it was sought to be urged, on the basis of an affidavit filed by the deputy' superintendent of police in the supreme court, that the balaji group were guilty of serious improprieties and fraudulent transactions. mr. nariman, strongly objected to this court entertaining the plea urged on behalf of ..... its application to the state of maharashtra. particular reliance was placed on two decisions of this court in meher singh v. deepak sawbay 1998 (4) all mr 536 and institute indo portuguese v. borges : air1959bom275 . reliance was also placed on the judgment of a single judge of this court in ignatius o'cunbo v. eather denis 1993 (2) mlj 1441. 46 .....
Tag this Judgment!Court : Mumbai
..... income taxation (foundation press 2003). liable to result in double tax which is generally regarded as being unfair because it may create substantial barriers to cross border activity and investment. international tax policy seeks to mediate between the claims of residents and source in an effort to ensure that income is taxed only once ..... . this is an area of legislative intervention. in india, parliament has amended the law by incorporating a full chapter on transfer pricing to deal with cross-border transactions. however, section 9 has not been amended. a look-through provision cannot be introduced by judicial interpretation;(6) the spa represents an arms length commercial ..... petitioner directly and without intervention of any intermediate company, there would be no liability to capital gains tax because it would be fully covered by the indo-mauritius tax treaty. the department would not in law be permitted to go behind a corporation resident in mauritius in view of the judgment of the .....
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