Court : Mumbai
..... either case, the scheme of the particular act must be examined because it is a relevant enquiry. (g) an exclusion of the jurisdiction of the civil court is not readily to be inferred unless the conditions above set down apply. [see also rajasthan state road transport corporation and anr. v. krishna kant and ors. manu/sc/0786/1995 : (1995 ..... has been further suggested that there should be a limitation in age of the trustees who are eligible to become member. no trustee should be permitted to be a life time trustee of the parsee panchayat. c. it has been also contended that the clarification should be issued to the proposed amendment under which now the trusteeship is ..... that status when the constituent assembly was debating the constitution. but even then, it is open to that community to try to preserve its culture and way of life and in that process, to work for the advancement of members of that community by enabling them to acquire membership in a society and allotment of lands or .....
Tag this Judgment!Court : Mumbai
..... company private limited and centrino trading company private limited. the relevant provisions thereof read as under : 1.1 definitions "affiliate" when used with reference to any corporate entity shall mean another company controlled by, controlling or under common control with that entity, where "control" means either (i) the ownership, either directly or ..... new remedy, that remedy is the only one that could be pursued. that was a case under the taxation of income (investigation commission) act, 1947. that act provided an alternate remedy against an order of the investigating commission by applying to the commissioner of income-tax to refer to the high court ..... submissions, the advocate general raised several preliminary objections to the maintainability of the writ petition. he firstly contended that the petitioner has alternate remedies under the act. he also submitted that the petition ought not be entertained as (i) the petitioner had filed objections and had appeared before the drp; (ii) .....
Tag this Judgment!Court : Mumbai
..... the matter was before the company law board as well. the reserve bank of india has treated the kifl as non banking finance corporation, but registered and incorporated as company under the indian companies act, 1956. our attention has been invited to the orders and directions of the company law board and equally to section 45qa of the ..... of any goods to a hirer under a hire-purchase agreement as defined in clause (c) of section 2 of the hire-purchase act, 1972 (26 of 1972); (iv) the carrying on of any class of insurance business; (v) managing, conducting or supervising, as foreman, agent or in any other capacity, of chits or kuries as defined in ..... in the economic as well as social life of such depositors who were exploited by false promise of high return of interest. these financial institutions/establishments did not come either under the reserve bank of india act or the banking regulation act, and hence they escaped from public control. by the impugned act the state not only proposed to .....
Tag this Judgment!Court : Mumbai Nagpur
..... state government to defend the validity of rule 5, the high court ought not to have modified or read down the said rule. the division bench of this court in life insurance corporation of india vs. deputy collector and ors. (2005) 3 mh.l.j. 1153, holds that when the statutory provision enacted by the competent legislature is clear and unambiguous ..... village to include a town or city and all the land belonging to a village, city, town. s.2(3) of the maharashtra zilla parishad and panchayat samities act defines block to mean such local area in a district as the state government may by notification declare to be block under s.5. as per s. 4, the ..... in hilly area. 11. concept of village is in maharashtra land revenue code, 1966, while the concept of block can be found in maharashtra zilla parishad and panchayat samities act, 1961. as per s.4 of the land revenue code, the state government by notification in official gazette specify the districts which constitute a division, the subdivisions which .....
Tag this Judgment!Court : Mumbai Nagpur
..... . the exclusive right of possessing, enjoying and disposing of a thing is property in legal parameters. therefore, the word 'property' connotes everything which is subject to ownership, corporeal or incorporeal, tangible or intangible, visible or invisible, real or personal; everything that has an exchangeable value or which goes to make up wealth or estate or status. ..... hands of the appellant. the appellant has, in fact, clearly admitted that he has not paid any amount from aforesaid sale consideration either to narendra during his life time or to the respondent after she issued legal notice vide exh.24 to the appellant demanding maintenance. 21. as stated above, the share of narendra in ..... suit land pursuant to the will of her father dated 21-8-1959 or whether she had only a life interest therein, which did not mature into full ownership in her favour under section 14(1) of the hindu succession act, 1956. the trial court, in the suit filed by the respondent-plaintiffs, took the view that .....
Tag this Judgment!Court : Mumbai
..... between the parties the courts in bombay alone had jurisdiction in the matter. the appeal was accordingly dismissed. this view was reiterated by this court in globe transport corporation triveni engineering works and anr. manu/sc/0011/1983 : (1983)4scc707. 8. reliance has been placed by learned counsel for the appellant on these two ..... in connection with the contract'. on the question whether the arbitrators had jurisdiction to adjudicate upon that claim this court, relying upon its earlier decision in ruby general insurance co. ltd. v. peary lal kumar manu/sc/0001/1952 : [1952]1scr501 held, that the test for determining the question is whether recourse to the contract ..... hakam singh v. gammon (india) ltd. manu/sc/0001/1971 : [1971]3scr314 it was held that "corporation" referred to in section 20 meant not only a statutory corporation but also a company registered under the indian companies act. it was also eld that it is not open to the parties by agreement to confer jurisdiction on any court .....
Tag this Judgment!Court : Mumbai
..... . the earlier decision in kishorilalgupta was considered by the supreme court in a judgment of two learned judges in damodarvalley corporation vs. k.k. kar (1974) 1 scc 141).the supreme court held as follows: we have adverted to ..... naihati jute mills ltd. v. khyaliram jagannath (air 1968 sc 522). in the judgment of the supreme court in national insurance co. ltd. vs. boghara polyfab private limited, (2009) 1 scc 267)mr.justice r.v.raveendran dealt with the applicability ..... 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 ..... designate of the learned chief justice of india, while exercising the jurisdiction under section 11 of the arbitration and conciliation act, 1996, considered the question as to whether an arbitration clause comes to an end if the contract containing such an .....
Tag this Judgment!Court : Mumbai
..... , however, be exercised with circumspection and care must be taken not to trench on the rights of other citizens or to jeopardise public interest. (see life insurance corporation of india v/s manubhai d. shah (1992)3 scc 637). in this context, what has been held by the honourable supreme court in the ..... person, however, big he may assume or claim to be, should be allowed irrespective of the position he may assume or claim to hold in public life to either act in a manner or make speeches with would destroy secularism recognised by the constitution of india, 1950. .... 8. .... the valuable and cherished right of ..... security practices and procedures relating to these applications of electronic communications have assumed greater importance and they require harmonisation with the provisions of the information technology act. further, protection of critical information infrastructure is pivotal to national security, economy, public health and safety, so it has become necessary to declare such .....
Tag this Judgment!Court : Mumbai
..... said proceedings could not be transferred. section 15 of the life insurance corporation act, 1956 -- which we may say, roughly corresponds to section 17 of the rdb act enabled the life insurance corporation of india to file a case before a special tribunal and recover various amounts from the erstwhile life insurance companies in certain respects. section 41 of the life insurance corporation act conferred exclusive jurisdiction on the said tribunal just like section ..... 18 of the rdb act, 1993. there the company was ordered to 24 of .....
Tag this Judgment!Court : Mumbai
..... the bar of order ii rule 2 rendered by the trial court. 45. the learned senior counsel distinguished the judgment of the supreme court in case of municipal corporation of delhi and others (supra) relied upon by mr.dvitre, the learned senior counsel appearing for the appellants. the learned senior counsel also placed reliance upon the ..... district judge are not appealable under section 37. the learned senior counsel placed reliance upon the judgment of the supreme court on this issue in case of municipal corporation of delhi and others vs. international security and intelligence agency ltd. reported in (2004) 3 scc 250 and in particular paragraphs 4 to 11, 13 to 15 ..... the division bench as barred by time consequent upon the dismissal of its application under section 5 of the limitation act. feeling aggrieved by the judgment dated 12.7.2002, slp(c) 20508/2002 has been filed by municipal corporation of delhi. 8. subsequently by an order dated 20th september, 2002, the first appeal filed by the .....
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