Court : Mumbai
..... equated to 'suit'. in fact, the apex court in the raheja universal vs. nrc limited and ors. matter and lloyd insulations (india) and ors. vs. cement corporation of india matter has categorically said the terms proceedings? and suit? are totally different from each other. moreover, in the judgment of hindustan antibiotics, the division bench ..... proceedings, contractual and non-contractual liabilities, within the ambit and scope of he bar and restrictions contained in sections 22(1) and 22(3) of the act of 1985 respectively. (e) relying on raheja universals judgment, he also submitted that any proceeding before the bifr or aaifr should remain obstruction free and the ..... , contractual and non-contractual liabilities, within the ambit and scope of the bar and restrictions contained in sections 22(1) and 22(3) of the act of 1985 respectively. the legislative intent is explicit that the bifr has wide powers to impose restrictions in the form of declaration and even prohibitory/injunctive orders .....
Tag this Judgment!Court : Mumbai
..... that it is the victim of systematic fraud perpetrated by a director of the petitioner, one jayesh desai, in collusion with some officers of the maharashtra state trading corporation (mstc?), and of the pen co-operative urban bank limited (pen bank?). the companys version is this: it claims that in september 2008 it started a ..... especially in uae and kuwait. however, the transhipment of these goods was the responsibility of the company. as a result, the company paid all shipping expenses, including insurance. all shipping documents stood in the name of the company on account of mstc?. however, export invoices and bills of exchange were in mstcs name. mstc directly ..... the petitioner and this seems to have resulted in an award against the petitioner. 13. the courts jurisdiction under sections 433 as and 434 of the companies act, 1956 is a summary jurisdiction. it does not lend itself to the minute scrutiny and examination of evidence that is possible in a regular civil proceeding. the .....
Tag this Judgment!Court : Mumbai
..... possibility for the court to take any other view in relation to an application under section 45 of the 1996 act. since, the categorization referred to by this court in the case of national insurance company ltd. (supra) is founded on the decision by the larger bench of the court in the case ..... consequences of separability. the doctrine of separability underlines the potential width of an arbitration agreement because it establishes that an arbitration agreement has a separate life from the matrix contract for which it provides the means of resolving disputes. this enables the arbitration agreement to survive breach or termination of the matrix ..... petitioner thereafter filed an application under section 9 of the arbitration and conciliation act, 1996 in this court inter alia praying for injunction against the respondent from operating the bank account bearing no.44000531 with the sumitomo mitsui banking corporation. by an order dated 1st november 2002, the said arbitration petition was .....
Tag this Judgment!Court : Mumbai
..... do not find any substance in the above submissions. 23. it was next contended that the issue arising herein namely whether regulations framed under the air corporations act 1953 continue to apply to the employees of the merged entity i.e. air india limited has already been referred to national industrial tribunal for its opinion ..... the validity of the notification and therefore, do not apply. 14. we note that once the apex court holds that on repeal of the air corporations act, 1953 the regulations framed thereunder cease to exist, it must follow the notification dated 29 august 1960 cannot apply. therefore, we are bound by both ..... part of a merged/ amalgamated (transferee entity) called air india limited; (b) the erstwhile air india and indian airlines were formed as statutory corporations under the air corporations act, 1953. the erstwhile air india operated flights to foreign lands while the erstwhile indian airlines operated in the domestic sector with a few destinations in neighboring .....
Tag this Judgment!Court : Mumbai
..... the exclusion of applicability of indian law as the governing law of arbitration agreement except applicability of section 9 of the arbitration and conciliation act. 69. in case of national thermal power corporation (supra) it is held that if there is no express choice of law governing the contract as a whole or the arbitration agreement ..... that the petitioner had invested us $ 60 million in respondent no.1 company based on the representations made by the respondents which included the deal with british broadcasting corporation (bbc), respondent no.1 having the benefit of number of material contracts with parties such as kinden holdings s.p.c. (kinden), strategic publicity and advertising wll ..... express or implied consent, or by repudiation or frustration, in much the same manner as in more ordinary forms of contract. since this agreement has a distinct life of its own, it may in principle be governed by a proper law of its own, which need not be the same as the law governing the substantive .....
Tag this Judgment!Court : Mumbai
..... no. 8077. in fact he answered in reply to question no.14 that his account no.8077 was linked with the clearing houses and other banks like corporation bank. he has stated in reply to question no. 20 that he had accounts in both these banks. he has accepted the execution of the contract notes ..... . he claims to throw his hands up from the affairs of the proprietary concern which is not a separate legal entity. the proprietary concern would even otherwise act through its proprietor. accused no.1 as the proprietor admittedly executed the power of attorney, exhibit 121 in favour of kanani who admittedly executed the contract notes ..... . 5. upon such paraphrasing and precising the verbose, numerous and voluminous charges the following points of determination arise; 1 whether any of the accused committed any act of criminal conspiracy defined under section 120a and punishable under section 120b of the ipc, dishonestly received stolen property defined under section 410 and punishable under section 411 .....
Tag this Judgment!Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... under the guidance of managing director i.e. her husband. she has obtained her director identification number i.e. din 01887429 by making application to ministry of corporate affairs, din cell, sometime in february 2008. din was allotted to her on 28/02/2008. copy of din of complainant no.1 is filed on ..... a cardiac ot, a surgical icu, micu, diagnostic labs, ct, sonography, pathology lab, dialysis unit. operation theatre has also all emergency drugs, oxygen and other life saving equipments. all types of minor, major and supra-major surgeries are being undertaken at the hospital. a large number of prominent doctors offer their services at the ..... has performed several complicated successful surgeries. he was elected as a fellow of association of surgeons of india and international college of surgeons (usa). he is acting as a consultant surgeon at lilavati hospital and research centre, jaslok hospital and research centre and head of the department of surgery at saifee hospital. certainly, .....
Tag this Judgment!Court : Mumbai
..... of admission. but it is alleged that the process is contrary to the provisions of the education act. a reply was also filed by the assistant administrative officer of the school board of the pune municipal corporation raising similar contentions. facts of writ petition no.7505 of 2013 20. as far as this ..... -in-aid is provided for payment of actual expenditure on salaries of teaching and nonteaching staff, leave salaries, provident funds contribution, amount of rent, taxes, insurance of the building and playgrounds, office expenditure such as printing of letterheads, etc., furniture and equipments, repairs to the school building, electricity charges and medical ..... charges. there is a separate grant-in-code which is applicable to primary schools under the municipal corporation of greater bombay. chapter iii and in particular rule 45 thereof provides that while assessing the grant-in-aid in favour of the schools, the expenditure .....
Tag this Judgment!Court : Mumbai
..... had an opportunity to produce the said evidence, this court has drawn adverse inference against the plaintiff for withholding such evidence under section 114(g) of the evidence act and the issues are answered accordingly. defendant has proved that the last will and testament dated 26th may 1986 was not valid and issue no.6 is accordingly answered ..... got paralytic stroke and elphantitis after execution of alleged will and was operating the bank account by affixing her signature. 57. under section 114(g) of the evidence act 1872, it is provided that the court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of ..... have bequeathed some of the properties in which caveator has share. it is alleged in the caveat that the said alleged will was not intended to be acted upon and was not acted upon. 9. mr shah, learned senior counsel invited my attention to the said will to demonstrate as to why the said deceased had disinherited the .....
Tag this Judgment!Court : Mumbai
..... .4 and 5 and late bhawabai pamnani and late jaiprakash pamnani were carrying on business in partnership under the name and style of m/s. jeevan development corporation . the terms of the said partnership deed was varied by another deed of partnership dated 22.08.1979 and was further modified by partnership deed dated 1st ..... including the contention of limitation, maintainability and res judicata, before the arbitrator. i am respectfully bound by the judgment of the supreme court in the case of national insurance company and in the case of indian oil ltd. (supra). paragraph 19 of the judgment of the indian oil ltd. (supra) reads thus : 19. the ..... 2003 the applicants filed arbitration petition bearing no. 266 of 2003 before the chief justice for appointment of arbitrator under clause 11(6) of the arbitration and conciliation act, 1996. by an order dated 20th february, 2004, designate of the chief justice appointed mr. shailesh shah as sole arbitrator. the respondents opposed appointment of the .....
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