Judgment Search Results Home > Cases Phrase: kalakshetra foundation act 1993 section 15 academic committee Court: mumbai Page 4 of about 4,203 results (0.122 seconds)

The Companies Act, 1956, Having Vs. Office At 'S.V.C. Tower' And Ors.

Court : Mumbai

..... business of the borrower." 8. the supreme court further made it clear that recovery of debts due to banks and financial institutions act, 1993 (for short, "the drt act") did not provide for assignment of assets to securitization companies. the secured assets could not be liquidated in time. the sarfaesi ..... legal position, are issuing notices to borrowers, granting intervention applications and adjudicating rights of the parties while dealing with applications under section 14 of the sarfaesi act. such exercise is totally contrary to law laid down by the supreme court, this court and various other high courts. at that stage, adjudication of rights ..... and financial institution needs to be enforced expeditiously without the intervention of the court and that enforcement could take place by non-adjudicatory process. the sarfaesi act provides for recovery of possession by non-adjudicatory process and it removes all fetters on the right of the secured creditor. the supreme court further clarified .....

Barium Chemicals Ltd. Vs. Union of IndiA.

Court : Mumbai

Reported in : 1993(63)ELT209(Bom)

..... the terms of government's representation. in a case such as the present the legislature could also resolve under the provision of section 159 of the customs act to abrogate government's representation. the legislature's legislative powers are plenary and cannot be cut down. they certainly cannot be cut down because government has ..... two cases, therefore, did not cover the situation where the government was exercising the powers conferred upon it by statute or powers of subordinate legislation in acting contrary to the terms of the representation it had made earlier. reiterating that the doctrine of promissory estoppel was not available against the legislative power which was ..... period. in bharat commerce & industries' case, on 5-1-1979 a notification was issued by the central government under section 25(1) of the customs act exempting certain goods imported into india from certain duties. the notification specified that it shall be in force upto and inclusive of 31st december 1979. by the .....

Jimmy Abraham Thomas and ors. Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : 2002(1)ALLMR1; 2002(3)BomCR219

..... permission for certain existing medical colleges, etc.-(1) if, after the 1st day of june, 1992 and on and before the commencement of the indian medical council (amendment) act, 1993 any person has established a medical college or any medical college has opened a new or higher course of study or training or increase the admission capacity, such person or ..... this serious mistake resulting into denial of as many as 13 marks to a large number of students who were rightfully entitled to receive better marks, the basis and foundation of the earlier merit list and the admissions granted on that basis itself gets vitiated. it is a mistake going to the root of the matter. it cannot ..... section of the c.e.t. they also prayed for a stay on the selection of the candidates pending the hearing and final disposal of this petition.8. foundation for these prayers is laid by submitting as follows in para 11 of the petition.'the petitioners submit that the entire examination results would be vitiated if it is .....

Mangesh Janardhan Mohite (President) and ors. Vs. State of Maharashtra ...

Court : Mumbai

Reported in : 2002(3)ALLMR660; 2002(5)BomCR653

..... that government was examining the scheme with a vide spectrum and government's written consent would be delayed. monsoon was round the corner and therefore prior to that foundation work should be executed provided the work is started within 10-15 days. thereafter it is stated as follows :'considering above and in case government's written ..... to acquire be initiated. addition of chapter viii-a providing acquisition in a third situation87. it is thereafter that chapter viii-a was added in the mhad act by maharashtra act no. 21 of 1986 to provide for acquisition of cessed property for co-operative societies of occupiers. it is in this chapter that a third mode of ..... of respondent no. 2 mhada was shown as the owners.39. in the fourth affidavit of mr. trivedi affirmed on 10th september, 2001, the steps taken from 1993 onwards for re-development of this property have been placed on record. it points out that quotations were invited in august 1994 for soil investigation work. initially by july .....

The Maharashtra State Cooperative Bank Limited Through Its Chief Offic ...

Court : Mumbai

Reported in : 2008(4)BomCR719

..... , therefore, the court should not interfere with the same. learned government pleader has placed reliance upon observations of the supreme court in the matter of ekta shakti foundation v. govt. of nct of delhi 2006 (6) scc 372. it is a judgment in the writ petitions challenging legality of certain terms in inviting offers ..... within the meaning of 'banking company' as defined in section 5(c) of the banking regulation act, 1949. the issue was answered in the negative and, therefore, the provisions of recovery of debts due to banks and financial institutions act 1993, were held not applicable to the recovery of dues by the cooperative from their members. we ..... government specified 'cooperative banks' as defined in clause (cci) of section 5 of the banking regulation act, 1949 (10 of 1949) as 'bank'. (this was used as a foundation to advance a proposition that the provisions of the securatization act are not available to msc bank). according to the board of liquidators, msc bank, as a creditor .....

Pralhad Lokram Dodeja and ors. Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : 2001(4)BomCR35; (2001)3BOMLR65

..... such factual matrix cannot remain in the realm of insinuation, surmise or conjecture.' he. therefore, submitted that on all these counts the petitioners have failed to lay down any foundation in support of the allegations of malafides and the same ought to be rejected.75. as far as the state government is concerned, it has taken a peculiar stand ..... continues with the land owner thereafter is immaterial and this cannot be an explanation for not challenging the notification under sections 4 and 6 of the act as held by the apex court in ram/as foundation v. union of india (supra). as observed by the apex court in larsen & toubro (supra) the petitioners cannot sit on the fence and ..... to a judgment of the apex court where the apex court ruled that holding of the possession by the party concerned was irrelevant. that was in the case of ramjas foundation v. union of india,. in that matter, if we refer to para 13 of the judgment, it was canvassed on behalf of the appellants that they continued in .....

Partha Ghosh (Chartered Accountant of Mumbai Inhabitant) and D.V.P. Ra ...

Court : Mumbai

Reported in : 2009(3)BomCR610; 2009(111)BomLR1874

..... proceeds to pronounce upon his guilt. as we have seen, the finding by the council operates with finality in the proceeding, and it constitutes the foundation for the penalty imposed by the council on him. we consider it significant that the power to find and record whether a member is guilty of ..... authorities or tribunal exercising quasi-judicial functions and now even to administrative authorities, which can determine civil right or obligations ( rattan v. managing committee : (1993)iillj549sc ).34. learned counsel appearing for the council emphasized that the adequate checks and balances had been provided under the regulations itself and in terms of section ..... -judicial function and has the authority to make recommendations which casts the petitioners with serious civil consequences, and as such the committee is expected to act in conformity with law. declining the application dated 23rd march 2009 of the petitioners and even declining an adjournment is also violative of principles of .....

Vijay Krishna Kumbhar Vs. the State of Maharashtra and Others

Court : Mumbai

Reported in : 2000(2)BomCR293

..... 10.16, the learned author classifies them in six categories, viz., (1) improper purpose; (2) erroneous and extraneous considerations; (3) erroneous legal or factual foundation; (4) failure to consider relevant considerations; (5) inaction or delay; and (6) departure from established precedents or practice. citing the case of morrill v. jones ..... by the learned counsel that these two earlier judgments had already held a contrary view and, therefore, the judgment in writ petition no. 2087 of 1993 must be treated as per incuriam. the judgment of this court in yeshbhai v. ganpat, : air1975bom20 was cited in support, emphasising the observations in ..... government in office misuses its powers figuratively, we refer to the individual minister/council of ministers who are constituents of the government. the government acts through its bureaucrats, who shape its social, economic and administrative policies to further the social stability and progress socially, economically and politically. actions of .....

Bomi Munchershaw Mistry Vs. Kesharwani Co-operative Housing Society Lt ...

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 .....

Bomi Munchershaw Mistry Vs. the Kesharwani Co-operative Housing Societ ...

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 .....