Court : Mumbai
Reported in : 1990(1)BomCR123; (1989)91BOMLR900; (1990)IILLJ280Bom
..... rations most of which no doubt deal with the concept of industry as defined under the industrial law and in particular the industrial disputes act, though in my opinion the basic foundation or concept can well be equated with that of business or trade in order to find out the real meaning of these terms used ..... -supposes the applicability of the provisions of the act because unless the applicability exists the question of exemption does not arise. in my opinion, this submission ..... no. 4 and column 3 indicates that the provisions of the bombay shops and establishment act are not applicable and are thus exempted from application to the bombay port trust. shri sanghvi, the learned counsel, is justified in submitting that the very foundation of this argument as also this schedule with reference to serial. no. 4 pre .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(3)BomCR437
..... to regulate the working of courts is a doctrine accepted for over century in all the civilised countries. indeed, independence of the judiciary is a basic foundation of establishment of rule of law and the constitution makers were fully conscious of the same. though the framers of the constitution did not completely insulate ..... this court in the judgment : air1982bom428 , bandra green park co-operative housing society ltd. and another v. mrs. devadasi kalia and others by amending act being maharashtra act 18 of 1982 which came into force from july 1, 1982, the parties to the dispute were permitted to directly approach the co-operative court without ..... large number of cases, the state government has direct interest in the outcome of the decisions. several financial societies are registered under the co-operative societies act and the control over these financial institution is that of the state government. in case, persons claiming against these institutions or defending actions against these .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(4)BomCR556; (1992)94BOMLR433
..... cases falling under order 2, rule 2, is 'whether the claim in the new suit is in fact founded upon a cause of action distinct from that which was the foundation for the former suit'. moonshee buzloor rusheem v. shumsunnisa begum 1867(11) m.i.a. 551: (2) the cause of action means every fact which will be necessary ..... of the two was also different.18. in this connection our attention was also invited on behalf of the defendants to sections 21 and 24 of the specific relief act. the submission is that in a suit for specific performance of contract the plaintiff may also claim compensation for its breach either in addition to or in substitution of ..... cou 110 wherein it is held that where no objection is taken to the admissibility of documents, it was unnecessary to consider whether the document was admissible under the evidence act or not. (2) p.c. purushottama reddier v. perural, : [1972]2scr646 , wherein objection to the admissibility of the police reports on the ground of their maker not .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(1)BomCR645
..... irresistible conclusion that the said temple is the subordinate temple of navadurga as its 'filial' without any autonomous entity. since there is no evidence available about its foundation this very admission that the mallikarjun temple is 'filial' of temple of navadurga defeats the plaintiffs' own case in respect of their temple's independent identity or ..... its own autonomy and the zolmis were to be held in full and exclusive control of their temple becomes without any substance and completely lacks a sound foundation either in facts or in law. to be noted also that nowhere the plaintiffs have pleaded that their temple being an autonomous temple had sought its ..... 'compromisso' to indicate the duties supposed to be rendered by the zolmis to the temple of navadurga is of no consequence. likewise the execution of different acts or duties by the zolmis in respect of navadurga temple and other affiliate temple of navadurga as any other servants of the said temple has established their status .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(1)BomCR279
..... if the impugned contract perishes the arbitration clause must perish with it. the court held that an agreement in writing is the very foundation of the jurisdiction of the arbitrators to act and that when there is no such agreement in existence at the time that the arbitrators enter on their duties then proceedings are wholly ..... there is inherent lack of jurisdiction, then subsequent conduct cannot cure that inherent jurisdiction. however, a distinction must be drawn between elements which are essential for the foundation of jurisdiction and the mode in which the jurisdiction has to be assumed and exercised.30. mr. tulzapurkar has submitted and in my view correctly, that this ..... matter so as to vitiate the entire proceedings. however, the court also held that a distinction must be drawn between elements which are essential for the foundation of jurisdiction and the mode in which such jurisdiction has to be assumed and exercised. the court held that when there is jurisdiction, but only non- .....
Tag this Judgment!Court : Mumbai
Reported in : [1993]76CompCas376(Bom)
..... messrs. alsales private limited, messrs. resourceful investments private limited and messrs. invaluable investments private limited have been already amalgamated with messrs. sir mathuradas vissanji foundation as transferee company by virtue of the order dated june 11, 1992, by a learned single judge at bombay, in company private limited, could not ..... scheme for amalgamation are trading companies carrying on commercial activities whereas the transferee company is a charitable institution incorporated under section 25 of the companies act and its main object is restricted to providing for charities and not doing any commercial activities. it has been, therefore, contended that if the ..... company will be lost and that would in terms violate the terms and conditions of the licence granted under the relevant provisions of the companies act. 4. shri cooper, learned counsel appearing for the petitioner company, contended that the same regional director had raised similar objection by an affidavit .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(2)BomCR329
..... as irrelevant. it presses for a place of primacy to be given to the document of 26-10-1950 as a guide to construction. that document was the foundation on which the conveyance ex. b came into existence. the admissibility and weight to be attached to the 26-10-1950 agreement (hereinafter to be referred to ..... matter of preventive injunctions a covenantor and covenantee may occupy the position contemplated by the presumption. section 11 mandates specific performance subject to the exceptions of the act where the act agreed to be done is in the performance, wholly or partly, of a trust. section 14(1)(a) stipulates a non-performance decree where compensation in ..... the first defendant that of keeping the same unbuilt upon and provide convenient ingress and egress? 15. (a) does defendant no. 1 establish that it entertained and acted upon a bona fide belief about the height restriction covenant being limited to site under the existing garages? (b) if so, whether enforcement of the height restriction .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(2)BomCR301
..... hafiz v. mohd. zakaria, 49. ind. appl. 9. the said decision defines the cause of action as that cause which had given the occasion for and formed the foundation of the suit. kewal singh v. lajwanti, : [1980]1scr854 , arises out of an application for eviction of a tenant on three grounds i.e. premises being then ..... this court for the initial institution of the suit. the initial lodgment passed the test of a provisional judicial scrutiny. the statutory change in the bombay court fees act, 1959 may have been overlooked-- a common enough lapse in these times of legislative plentifulness. it is not possible to see any duplicity, gross negligence or ..... 770). a laymen trampling into the quagmire of jurisdiction- pecuniary, territorial or subject wise is playing with fire and certainly cannot seek the aid of section 14 limitation act in the second round. the facts here are very different. plaintiff for all his meticulousness and determination to get even with defendant 1 and 2, did not arrogate .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(2)BomCR486
..... of the posts contemplated under the act but one created later. annexure-ii to the goa, daman and diu housing board cadre, recruitment of staff, functions, powers and sphere of duties of officers and other employees (fourth amendment) regulations, 1983 (hereinafter, for the sake of brevity called 'the regulations of 1993), provides for the hierarchy of ..... on to the fancies of individuals in authority. the employment is not a bounty from them nor can its survival be at their mercy. income is the foundation of many fundamental rights and when work is the sole source of income, the right to work becomes as much fundamental. fundamental rights can ill-afford to ..... the officers and other employees of the board. the regulations can provide for imposing punishments for misconduct. suspension is one of the punishments contemplated under the act. the act empowers the board to lay down the authority who is to be empowered with the power to impose punishments. the board is authorised by laying down .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(3)BomCR228; [1996]86CompCas371(Bom)
..... a shield to cover its wrong doings. the submission made on behalf of the plaintiffs that the corporate veil of the first plaintiff be lifted has no legal foundation and cannot be accepted. 25. the second plaintiff is a non-proprietary director of the seventh defendant and can have no right beyond those conferred on him ..... 1992 (arbitration petition no. 210 of 1989 in award no. 66 of 1989). as held by dhanuka j., advocates in their personal capacity are enjoined to act with complete impartiality and detachment and not entitled to identify themselves with their clients or cause personally. the paramount duty of an advocate is to assist the court in ..... income-tax, capital gains tax and capital transfer tax. the other inroads on the principle of separate corporate personality have been made by two sections of the companies act, 1948, by judicial disregard of the principle where the protection of public interests is of paramount importance, or where the company has been formed to evade obligations .....
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