Court : Mumbai
Reported in : 1982(1)BomCR197
..... are unable to uphold the preliminary objection raised by mr. seervai on the basis of the judgment in lakhanpal's case because in that case the very foundation of the petition had vanished before the petition could be disposed of. even the proposition on which mr. seervai has placed reliance is no bar to the ..... the said chapter; sometimes simultaneously, sometimes alternately. though, therefore, the commissioner or his delegate is exercising quasi judicial functions under section 105-b(2) of the act, it cannot be said that he is not discharging administrative functions as required by the other provisions of chapter v-a, referring to burmah shell oil storage and ..... court. on an exhaustive review of the same, we have come to the conclusion that the respondent did perform administrative duties under chapter v-a of the act and thus acquired administrative experience.23. admittedly the respondent had seven years' experience in a responsible position, that is the position of the ward officer, in the .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)ALLMR674; 2008(5)BomCR513; [2008(119)FLR641]; (2009)ILLJ491Bom
..... 2001 was under challenge and the learned judge of the employees' insurance court was pleased to dismiss application (esi) no. 18 of 1993 filed under section 75 of the employees' state insurance act, 1948 ('the esi act' for short). it appears that the sub-regional office of the appellant - corporation at pune had by its letter dated 17/8 ..... /1993 informed the company regarding the coverage of its establishment under the provisions of the esi act commencing from 27/11/1976 and the said decision of the corporation was upheld by the employees' insurance court at pune. ..... of law.(3) the period of limitation for an appeal under this section shall be sixty days.(4) the provisions of sections 5 and 12 of the limitation act, 1963 (36 of 1963) shall apply to appeals under this section.8. in the state of maharashtra, the state government has issued notifications appointing the industrial courts .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR887; 2008(2)BomCR860; 2007(6)MhLj712
..... jurisdiction, ii) several serious disputed questions of facts are involved, iii) there is effective efficacious remedy available to the petitioners under sections 17 and 18 of the securitisation act, by approaching the tribunal under 1993 act.56. in the circumstances, the writ petitions are dismissed.57. at the request of the petitioners, for a period of six weeks from today, the respondents shall ..... :16. petitioner's submission that section 37 of the securitisation act creates a non obstante clause only qua the provisions of transfer of property act and not as against any other law, is not based on any foundation whatsoever. section 37 is amply clear while it says that the provisions of this act (securitisation act) or the rules made therein shall be in addition and .....
Tag this Judgment!Court : Mumbai
Reported in : [1956]29ITR857(Bom)
..... it was not competent to the income-tax officer to taken any action against the firm of purshottum laxmidas in respect of their assessment year 1942-43. the very foundation of the authority or jurisdiction to issue the requisite notice was derived from section 34(1), and if, as i have already held, the provisions contained in the ..... its discretion will not readily interpose by issuing a writ simply because it is pointed out that some clear error of law has been committed by any authority acting under that act. but there is nothing sacrosanct and no element of untouchableness about any such legislation when the question arises whether any writ under article 226 of the constitution ..... case was governed by the provisions of the section as they stood prior to the amendment, that foundation was not there. it is undisputable that under the section read with the second proviso as it stood prior to the amending act it was not competent to the income-tax officer in any case to issue a notice under the .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(5)ALLMR642; 2007(4)BomCR613; (2007)109BOMLR1005; 2007(1)GLR518
..... having no jurisdiction is non est and its invalidity can be set up whenever it is sought to be enforced as a foundation for a right, even at the stage of execution or in collateral proceedings and a decree passed by a court without jurisdiction ..... 3 years and that was in accordance with the provisions of sub-section (3) of section 35 of the old act. the new act by virtue of sub-section (5) of section 45 provided that the term of office of the board of directors should ..... 4 became a deemed multi-state co-operative society by virtue of section 95 of the multi-state co-operative societies act, 1984 (old act, for short). the tenure of the board of directors then was for a period of 3 years and that was in ..... the learned author further observed that to the same effect is the statement by lord irvine lc. the question whether unlawful administrative acts were void or merely voidable became a source of confusion in the period when landmark decisions were revitalising administrative law. historically .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR4251
..... the vesting of the suit plot in favour of the municipal corporation, purportedly on the basis of the arbitrator's award, does not arise and, therefore, the basic foundation of the impugned notice of possession dated 2/12/1997 and the alleged paper possession of 13/5/1999 stands demolished.18. in the premises, this petition succeeds partly ..... (2) or having been made, the aforesaid period expired at the commencement of the maharashtra regional town planning (amendment) act, 1993, (mah. x of 1994) the state government may make a fresh declaration for acquiring the land under the land acquisition act, 1894 (i of 1894) in the manner provided by sub-section (1) and (3) of this section, subject ..... as of now. the state government has supported the stand of the municipal corporation that the suit plot has vested with the municipal corporation absolutely. the foundation of these contentions is based on two factors, namely, (a) the arbitrator has passed an award under section 72 of the m.r.t.p .....
Tag this Judgment!Court : Mumbai
Reported in : I(2003)BC355; 2003BomCR(Cri)201
..... but on one of the parties. thus, the offence committed by the person concerned is qua the party not qua the court, and, therefore, the very foundation for proceeding for contempt of court is completely absent in such cases. in these circumstances, we are satisfied that unless there is an express undertaking given in ..... under section 138 of the negotiable instruments act read with sections 420 and 406 of the indian penal code. process was issued by the learned magistrate against the accused and the said criminal complaint is ..... deliberately interfered and obstructed in the process of administration of justice and, therefore, they were liable under section 2 sub-clause (c) of the contempt of courts act, 1971.5. the petitioner herein immediately on the dishonor of the cheques, initially filed a criminal complaint in the court of ii judicial magistrate first class, nagpur .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2007Bom15; 2007(3)BomCR458
..... bol is well defined, interpreted and recognized term in any sort of trade, commerce and business at national or international level.23. the multimodal transportation of goods act, 1993 (act 28 of 1993) came into force on 16th october, 1992 which provides for regulation of the multimodal transportation of goods from any place in india to a place outside india ..... should be determined at the hearing of the suit in accordance with the law.37. the averments made in the said affidavit by defendant no. 5 has also foundation of criminal complaint dated 15th september, 2004 against defendant no. 1, and other board of directors of defendant no. 1 including other agents and officers for ..... claim is not exclusively based on the issues covered by the bol. the allegation of fraud and the damages as claimed, based on bol, itself is the basic foundation of the fraud. it is true that plaintiffs need to prove the allegations of fraud. but considering the facts and circumstances in the present case, at this .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(4)BomCR731
..... ot the lands are situated outside jurisdiction; provided some lands are situated within jurisdiction and leave has been obtained under clause 12. but the very foundation of the jurisdiction of the court is leave granted on the basis of some immovable property situated within jurisdiction. the granting of leave is a judicial ..... of the respondents, reliance has been placed upon a decision in the case of maharashtra tubes ltd. v. s.i.i. corporation of maharashtra ltd., reported in : [1993]1scr340 wherein it has been observed as follows :--'the expression 'proceedings' under section 22(1) must be widely construed. it cannot be confined to legal proceedings understood in ..... been placed upon a ruling in the case of ananta udyog p. ltd. v. cholamandalam invest, 1993 83 comp cases 498 wherein it has been observed as follows :--'the proceedings which can be stayed under section 22 of the act are the proceedings against the properties of the industrial company alone. the property to be seized and sold .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)BomCR189; 2008(224)ELT230(Bom)
..... that inobedience of the honble high courts order dated 7th april, 2006, my office in exercise of powers conferred under rule 8 of the foreign trade (regulation) act, 1993 amended the special imprest licence no. p/k/2993896 dated 30th may, 1983 into project import licence, which entitles petitioner to make regularisation of import already under ..... the licence is changed from special imprest licence to project import licence, in pursuance to powers conferred under rule 8 of the foreign trade (regulation) rules, 1993. however, the custom authority is free to check up the eligibility of the applicant firm for allowing import under project import licence category.yours faithfully,sd/(s. ..... its judgement dated 7th april, 2006 stating that 'jcci&e;, mumbai shall exercise of powers conferred under rule 8 of the foreign trade (regulation) rules, 1993 shall within 6 weeks from today amend the special imprest licence no. p/k/2993896 dated 30th may, 1983 into a licence which may entitle the petitioner .....
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