Court : Mumbai
..... , entitled to an injunction. (iv) in the appeal filed by milment, the supreme court considered the question and following its decision in n.r. dongre vs. whirlpool corporation (supra)and cadila health care ltd. v. cadila pharmaceutical ltd. (2001 ptc 300 (sc), the supreme court made the following observations: 9. we are in full agreement ..... ) the expression 'if valid' in section 28 and the words 'prima facie evidence of the validity of the trade mark' in section 31 of the trade marks act, 1999 (the act) must be given their plain and natural meaning. the plain and natural meaning is given to these phrases by various high courts. (paras 24, 26, 29, ..... will have the effect of depriving a defendant of an important right (defence), which the statute itself confers upon him. there is nothing in the language of the act nor can anything be inferred by implication, which denies the defendant such an important defence.submissions in rejoinder 9. dr. tulzapurkar, learned senior counsel for the plaintiff .....
Tag this Judgment!Court : Mumbai Aurangabad
..... further events told by approver during their presence in the crematory (vaikunthdam). it is admitted position that, accused no.1 yuvraj was not employee of the corporation or government. he used to carry unidentified and unclaimed bodies for cremation in his vehicle by accepting about rs.300/per trip to crematory (vaikunthdam) frequently, ..... guilt of the accused is sought to be established by circumstantial evidence. 111. we are conscious of the fact that, one woman medical officer lost her life and society is deprived from her services. however, in absence of cogent, trustworthy, reliable and sufficient evidence, we are unable to subscribe the view taken ..... looked with great suspicion. consequently, in the event the suspicion which is attached to the evidence of accomplice is not removed, his evidence could not be acted upon unless corroborated in material particulars. 38. in the present case, the additional sessions judge accepted the evidence of approver-gulab as trustworthy, and relied .....
Tag this Judgment!Court : Mumbai
..... laws are undergoing a change. that change is visible if one peruses the provisions and amendments to corporate laws. similarly, the enactments such as securities and exchange board of india act, 1992, insurance regulatory and development authority act and competition act etc., result in further opportunities to the advocates of providing varied services to business entities. thus ..... the courts lean more readily in favour of upholding the constitutionality of a taxing law in view of the complexities involved in the social and economic life of the community. it is one of the duties of a modern legislature to utilize the measures of taxation introduced by it for the purpose of ..... invalidity. the courts lean more readily in favour of upholding the constitutionality of taxing laws in view of the complexities involved in the social and economic life of the community. in light of the afore-going, i say that the reasonable classification for taxation purpose is well within powers of the parliament. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... were tenants from 1965 on the basis of batai. the possession of the respondents from 1966-67 was established from the extracts of ror. 18. during the life time of the land lady limbabai, an agreement for purchase of the said land was made. an affidavit dated 29.4.70 which is questioned by the ..... has almost obliterated the distinction between the two jurisdictions. while exercising jurisdiction to issue a writ of certiorari the high court may annul or set aside the act, order or proceedings of the subordinate courts but cannot substitute its own decision in place thereof. in exercise of supervisory jurisdiction the high court may not only ..... vii and v11i are deleted. chapter ix provides for the procedural framework, powers of the tenancy authorities and appellate remedies. chapter x deals with the offences under the act, whereas the chapter xi deals with miscellaneous statutory provisions. it is in this chapter xi, there is a provision for summary eviction, validation of alienations made before .....
Tag this Judgment!Court : Mumbai Goa
..... of rape or similar offence was done by her. a suggestion has been put to her that she falsely implicated the accused in this case in order to claim insurance. in her examination-in-chief, pw1 stated that the accused committed rape without using contraceptive i.e. condom. if condom is not used, there is possibility of ..... that i am not aware and hence by his aforesaid adamant attitude he lost the opportunity to rebut the legal presumption arising under section 114-a of the evidence act, in favour of the victim girl, whose evidence was other wise cogent and reliable. the trial court held that the prosecution proved beyond reasonable doubt that the accused ..... for punishment of rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine. in the present case, inter alia, the accused was charged for offence punishable under .....
Tag this Judgment!Court : Mumbai Aurangabad
..... properly meant for the legislature. 32. moreover, sections 12(5) and 15(5) of the act while providing that chief information commissioner and information commissioners shall be persons with eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media ..... of the record. 22. as we have noticed, sections 12(5) and 15(5) of the act provide that chief information commissioner and information commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media ..... state information commission autonomously without being subjected to directions by any other authority under this act.(5)the state chief information commissioner and the state information commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism .....
Tag this Judgment!Court : Mumbai
..... and prestigious community; (c) the maharashtra state backward class commission (msbcc), which is a statutory commission constituted under the maharashtra state commission for backward classes act, 2005 ( 2005 act ), by its 22nd report dated 25 july 2008 has categorically rejected the demand for inclusion of 'marathas' as 'other backward class' for the benefits ..... promulgated by the governor to deal with situation which requires immediate action and which cannot wait until the legislature reassembles, must necessarily have a limited life. it is settled law that a constitutional authority can not do indirectly what it is not permitted to do directly. if there is a constitutional ..... (regulation of supply and purchase) ordinance, 1968 was first promulgated on 13 january 1968 and re-promulgated 39 times till august 1981. thus, the life of ordinance was continued for 14 years without placing it even once before the state legislature. it was in the above factual backdrop that the supreme court .....
Tag this Judgment!Court : Mumbai
..... was certainly not executing any order in signing the warrants for those who had been acquitted. hence, the magistrate was not protected by the judicial officers' protection act for signing the warrants negligently. the high court, therefore, passed a decree of damages against the magistrate and set aside the decree for damages against the state ..... on the part of the presiding officer, howsoever grave the provocation to him, cannot be countenanced as an action sustainable as one performed by him while acting or purporting to act in the discharge of his official duty. in the facts of the present case, no such unparliamentary words are attributed to the learned judge. hence ..... dalvi, the division bench of this court specifically brought to his notice, through his counsel, the provisions of section 13(b) of the contempt of courts act, 1971 that justification by truth could be pleaded as a defence. however, sanjay punamiya stated in the court that he wanted to tender an unconditional apology and .....
Tag this Judgment!Court : Mumbai
..... observed that it was inclined to accept the deposition of the management witness that the petitioner did not act in a manner conducive to the best interest, credit and prestige of the corporation and had also indulged in an act subversive of discipline and good behaviour. in its opinion, the petitioner could not, after pleading guilty ..... , claim that he had not acted in the manner which was not conducive to the best interest, credit and prestige of the corporation and that he had not indulged in an act which is subversive of discipline. the committee also observed that while the management had ..... service regulations. the petitioner was, therefore, charge with the following: (i) commission of act subversive of discipline and of good behaviour. (ii) conducting himself in a matter not conducive to the best interest, credit and prestige of the corporation. (iii) conviction in a court of law for a criminal offence involving moral turpitude. .....
Tag this Judgment!Court : Mumbai
..... highways authority of india. 41] we have invited mr. iranis attention to the judgment of the honble supreme court in the case of m/s. international tourist corporation etc. v/s. state of haryana and others reported in air 1981 supreme court 774. 42] there, the honble supreme court was concerned with the constitutional ..... earnings.... the 6th edition defines it, inter alia, in the following ways: in accounting, spreading out the cost of a capital asset over its estimated useful life. a decline in the value of property caused by wear or obsolescence and is usually measured by a set formula which reflects these elements over a given ..... state ceased to be the owner and, therefore, cannot maintain the suit for evicting the respondent. the municipalities in various states were created under the respective municipalities acts, in order to facilitate the efficient administration of the municipal areas and to provide lighting, watering and maintaining of public streets and places. the duties of .....
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