Court : Mumbai
Reported in : 2002(5)BomCR95; (2002)3BOMLR281; 2002(3)MhLj659
..... ashram schools or primary ashram schools ought to be provided that remedy of an appeal under section 9 of the m.e.p.s. act it could do so only by amending the relevant provisions of the said act so as to make it applicable to an employee in any school. this has not yet been done by the legislature. what is required ..... (sc) . we, therefore, hold that the remedy of an appeal provided under the code is not available to the employees working in the basic/ primary ashram schools.19. in letters patent appeal nos. 111 and 112 of 2001, a division bench of this court has already noted that the employees working in the basic ashram schools have been provided with a ..... schools or the ashram schools which have classes upto 10th standard or 12th standard.15. on considering the views taken in writ petition no. 2919 of 1999 (supra) and letters patent appeal no. 293 of 1999 (supra), we have no doubt in our mind that they are not contrary to each other and the respective views lay down the correct position .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR14
..... 12th march, 2009 and thereafter, he was recommended for the subject work. apart from the fact that this action is alleged to be patently illegal, arbitrary and not in public interest, by amending the petition, it is pointed out that the action is sought to be justified on the ground that the 5th respondent is registered with ..... judicial review. in a case where a public law element is involved, judicial review may be permissible. [see binny ltd. and another v. v. sadasivan and ors. : (2005)iiillj738sc and g.b. mahajan and ors. v. jalgaon council and ors. : air1991sc1153 ].xxxxx xxxxx30. another field where judicial review is permissible would be when mala fide or ..... persons desirous of purchasing kendu leaves purchased or collected by government or by their officers or agents under the provisions of orissa kendu leaves (control of trade) act, 1961. the last paragraph of the tender notice before the hon'ble supreme court provided that the government may grant to the purchaser a renewal of his .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)ALLMR383; 2007(4)BomCR400; 2007(4)MhLj311
..... the learned executing court is without jurisdiction. he submits that in view of section 22 of the specific relief act, a relief of possession could not be granted unless it is claimed for. he submits that though the court has power to grant amendment for claiming such a relief, unless such a relief is claimed, the court has no jurisdiction to grant ..... said matter was, as to what was the suit for land for determining the jurisdiction of the division bench of the bombay high court under clause 12 of the letters patent.in para. 18 of the judgment, the apex court has observed thus:in the instant case the suit is for specific performance of agreement for sale of the suit property ..... lordships of the apex court was, as to what was the suit for land so as to consider the jurisdiction of the division bench under clause 12 of the letters patent.10. the apex court has directly considered the question as to whether a prayer for possession could be made at the execution stage though such a prayer is not .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(4)MhLj429
..... sought to be put on said word by original plaintiff was never intended or meant. it is contended that suit was filed prior to coming into force of amended provisions of civil procedure code and said fact has been overlooked by the trial court. the respondents have also tendered unconditional apology in the matter.5. we have heard advocate ..... of temporary injunction but did not permit filing of written statement in view of provisions of order 8, rule 1, civil procedure code. this court has on 1-12-2005 while disposing of 2 appeals permitted filing of this written statement also. the respondents then filed application under order 47 rule 1 for reviewing this order dated 30 ..... through a large volume of english and indian case law before they could hold that the act of the appellants constituted contempt and thus it could not be said that the matter was so patent that on the face of it, their act amounted to contempt.moreover, it appears from the proceedings that the counsel were genuinely under .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(5)BomCR425
..... learned judge of the high court of a.p. observed after discussing the scope of order 21, rule 97 in paragraph 4:---'it is to remember that preceding the civil procedure code amendment act, 1976, the enquiry under rules 97 and 99 was only summary subject to right of suit whereas the questions relating to right, title or interest were to be established. with ..... the rule of law and any weakening link in this regard would rip apart the edifice of justice and cause disillusionment to the people in the efficacy of law. the acts of the court should not injure a party. when the stains on the purity of fountain of justice is apparent, it is but the duty of the court to erase .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3003; 2009(6)MhLj660
..... 972.87------------------he failed to ensure and protect the interests of the bank which is violative of regulation 3 of uco bank officer employees' regulations, 1976, as amended.4. shri motwani concealed from head office materials facts about a party while recommending certain credit facilities in its favour. he committed breach of faith in the ..... credit racitlities far in excess of his sanctioning powers. he thus abused his official position and powers and acted in a manner violative or regulation 3 of uco banki officer employees (conduct) regulations, 1976, as amended.3. shri motwani acted in a manner which has resulted in the bank being exposed to huge loss of money. the ..... patil v. purushottam onkar patil, : (2006) 11 scc 161; m.p. seb v. union of india : (2006) 10 scc 736; maruti udyog lad v. ram lal : (2005) 2 scc 638; barat petroleum corpn. ltd v. p. kesavan : (2004) 9 scc 772. 21. the aforementioned regulation, however, could be invoked only when the disciplinary proceedings had .....
Tag this Judgment!Court : Mumbai
Reported in : I(2002)ACC642; 2002ACJ642; AIR2002Bom27; 2002(2)BomCR682; (2002)1BOMLR22; 2001(4)MhLj562
..... of as aforesaid in the first place. with a view to give effect to the said directive contained in section 92-b of the act, the maharashtra government has amended the rules and has inserted special provisions in respect of claims under section 92-a in rules 291-a, 291-b, 297(2), ..... compensation under section 92-a to the legal heirs in case of death. the submission of shri sanghi is that in spite of the aforesaid amendments which have been introduced in the rules after the enactment of section 92-a, the claims tribunal is required to follow the procedure contained in ..... appeal no. 626/1986 by the judgment dated 4-9-1992 has given rise to present letters patent appeal.3. as to the scope of the enquiry under section 92-a to the motor vehicles act, 1939 and relevant rules of bombay motor vehicles rules, 1989 legal position is no more res integra ..... r.m. lodha, j. 1. this letters patent appeal is directed against the judgment/ order passed by the learned single judge on 4-9-1992 whereby the learned .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(3)ALLMR171; 2007(1)BomCR915; (2007)109BOMLR107; 2007(1)MhLj545
..... where the words of a will are unambiguous, but for its applications extrinsic evidence may be necessary. but section 81 makes extrinsic evidence inadmissible in case of patent ambiguity or deficiency.section 82 highlights that the meaning of any clause in a will is to be collected from the entire instrument, and all its parts are ..... the said estate until zenia attained the age of 21 years. questions raised in the originating summons no. 309 of 2000 from which appeal no. 163 of 2005 arieses, are concerned, the counsel for the appellant did not specifically argue the said appeal and he submitted that the questions raised in originating summons no. 447 ..... as far as possible to every testamentary intention contained in the will.8. we need not multiply the authorities as the legal provisions enshrined in the indian succession act and the principles culled out by the supreme court in respect of construction of the wills, provide enough guidance, approach and direction for construction of the wills .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(1)BomCR333; 2009(111)BomLR3853
..... and two definitive documents (ssa and sha) have been executed by all the parties, yet on 29.11.2007 the company's articles of association were amended. therefore, as of today, prima facie, all these parties are bound to resolve their dispute through arbitration clause4 71 of the articles of association. i ..... life insurance corporation of india and anr. 1962 (2) scr 887]. [dale & carrington invt.(p) ltd. and anr. v. p.k. prathapan and ors. : (2005) 1 scc 212]69. therefore, it follows that all subsequent actions, resolutions exhibit j, forms 18, 32, subsequent correspondence to the authorities, letters dated 27.05.2009, 28. ..... tribunal has also power to decide on its jurisdiction, objection to the existence, termination or validity of the arbitration agreement unless agreed otherwise. the international arbitration act (chapter 143a) will be the governing law.76. the allegations, claims/counter claims so raised on various factual aspects covering misappropriation, fraud, defaults need detail .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1963Bom173; (1962)64BOMLR765; ILR1963Bom68; 1963MhLJ44
..... to us that the order made by the learned judge must clearly result in denying to the applicant reliefs either under section 397 or 398 of the companies act. if he did not amend the application as directed by the learned judge, either one or both the prayers may be rejected. in either event it clearly appears to us, therefore, ..... opportunity to the applicant to file his petition for reliefs under either of the two sections and adjourned the matter for amendment of the petition within a fortnight from the date of his judgment, the applicant filed the letters patent appeal.3. mr. phadke has raised a preliminary objection that the appeal from an order like the present is incompetent ..... tinder clause 15 of the letters patent. according to him, it is merely a processual order and not one which, in any manner, deals with the merits of the case between the parties and, therefore, does .....
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