Court : Mumbai
Reported in : [2008]82SCL220(Bom)
..... . cas. 642 (clb).4. needle industries (india) ltd. v. needle industries newey (india) holdings ltd. : [1981]3scr698 .5. sangramsinh p. gaekwad v. shantadevi p. gaekwad [2005] 57 scl 476 (sc).6. jyotsna nalinikant kilachand v. nandlal kilachand investment (p.) ltd. : 1993(3)bomcr512 .7. the undisputed position is that, respondent (original petitioner) is holding ..... , 2001, the respondent files a petition no. 2 of 2002 under sections 397 and 398 of the companies act, 1956 before the company law board, new delhi against the appellants.3. on 27-1-2005, by the impugned order the clb though holds that no case of oppression has been made out by the ..... the appellants, (original respondent) being dissatisfied by the impugned order dated 17-1-2005 passed by the company law board, principal bench, new delhi (for short, 'clb'), have preferred present appeal under section 10(f) of the companies act, 1956 (for short, 'companies act').2. in the year 2000-01 the respondent raises certain disputes with the .....
Tag this Judgment!Court : Mumbai
Reported in : (1999)101BOMLR824
..... having restored to the high court the power of judicial superintendence it had under section 15 of the high courts act, 1861, and section 107 of the government of india act, 1915.103. under clause 15 of the letters patent of the bombay high court no intra-court appeal lay against an 'order passed or made in the exercise of ..... the cumulative effect of all the factors mentioned above.28. we may at this stage refer to the maharashtra act xvii of 1986, namely, maharashtra high court (hearing of writ petitions by division bench and abolition of letters patent appeals) act, 1986 which is stated to have come into effect from 1st july, 1989. under section 3 of the ..... andin the matter of article 227 of the constitution of india;andin the matter of the bombay rent act.9. the question which arises for our determination is about the maintainability of a letters patent appeal under clause 15 of the letters patent of the chartered high courts, which reads as under;15. appeal to the high court from judges .....
Tag this Judgment!Court : Mumbai
Reported in : 2010CriLJ1990
..... therefore, a fresh bail application was filed. the supreme court was pleased to grant bail on certain stringent conditions.in the case of state of u.p. v. amarmani tripathi : (2005) 8 scc 21, the supreme court held that while considering the application for bail what is required to be looked into is, (i) whether there is any prima facie or ..... in the second round for being released on bail.5. the appellant has also pointed out that against the order dated 24/2/2006, dismissing criminal appeal no. 298 of 2005, he has filed slp (cri) no. 2360 of 2006 and the same is pending before the apex court. it is the case of the appellant that notwithstanding the pendency ..... approached this court in criminal appeal no. 298 of 2005 and it was dismissed on 24/2/2006 by the division bench. he claims that in response to his application made under the right to information act on 17/4/2007, he received some additional information/ material on 23/5/2007 and based on that he preferred a fresh bail application .....
Tag this Judgment!Court : Mumbai
Reported in : 2006CriLJ2219
..... to be registered against the petitioner and others for an offence punishable under section 3z2(6) of the maharashtra slum areas (improvement clearance and redevelopment) act, 1971 on 2/1/2005 on the complaint filed by shri sunil kashinath bhutale who was at the relevant time working as nayab tahsildar, encroachment and demolition department, chembur, mumbai. the ..... was rejected by the state government by its order dated 13/7/2005, this petition was filed on or about 2/7/2005, it was admitted on 7/7/2005 and was made returnable for final hearing after six weeks. subsequently, the petitioner sought leave to amend the petition and the same was granted by an order dated 26 ..... /9/2005. the petitioner applied for amendment of the petition memo for the second time and the same was granted on 22/12/2005 and that is how the petition remained pending on the file .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1986Bom54; 1985(2)BomCR582
..... for his needs, is ultra vires as it violates the fundamental right guaranteed under article 19(1)(f) of the constitution, the restrictions put thereon being unreasonable. by the 44th amendment to the constitution, which came into force on 30-4-1979, sub-clause (f) of article 19(1) of the constitution was deleted. article 13(1) of the constitution ..... were dismissed and so were the three writ petitions which they had filed against the orders of the rent control authorities and that gave rise to these three letters patent appeals.3. the first challenge by the appellants was to the refusal by the learned single judge to apply the proviso to clause 13(3)(vi) of the ..... view of the observations of the supreme court in mahendra lal jaini v. state of uttar pradesh : air1963sc1019 , as the c.p. & berar regulation of letting of accommodation act, 1946 (act no.xi of 1946) and the rent control order, 1949, were pre-existing laws, the doctrine of eclipse would apply and the proviso to clause 13(3)(vi) of .....
Tag this Judgment!Court : Mumbai
Reported in : 2001ALLMR(Cri)624; 2001BomCR(Cri)598; (2001)3BOMLR326; 2001CriLJ3097; 2001(3)MhLj64
..... detaining the detenu under subsection 1 of section 3 of maharashtra prevention of dangerous activities of slumlords, bootleggers, drug offenders and dangerous persons act, 1981 (no. lv of 1981) (amendment 1996).the detention order along with the grounds of detention which are also dated 17.3.2000 was served on the detenu 29.3.2000 ..... of the detenu.15. we make no bones in observing that in the maharashtra prevention of dangerous activities of slumlords, bootleggers. drug offenders and dangerous persons act, 1981, there is no provision which warrants that the state government is bound to take into consideration a representation made by any person other than the ..... case of awadh kumar shukla v. adhikshak, kendriya karagar, nairn, allahabad, 'a division bench of this court has, after noticing the scheme underlying the national security act, 1980, observed that the provisions contained therein do not carry any such implication that the central or the state government, as the case may be, is bound .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(4)BomCR1; (2001)3BOMLR636; I(2002)DMC136; 2002(1)MhLj7
..... avoiding a possible confusion.supreme court in lila gupta's case (supra), also took a note of the fact that by subsequent marriage laws (amendment) act, 1976, the said proviso to section 15 of the act came to be deleted. it therefore observed that if the proviso was so sacrosanct that its violation would render the marriage void, then it ..... (consolidation and of the deputy director of consolidations) and restored the order of the consolidation officer. the appellant lila gupta then preferred six different appeals under the letters patent. the division bench dismissed these appeals and confirmed the order of the learned single judge. the division bench also granted certificate under article 133(1)(c) to the ..... 31st december, 1999 also will have to be dismissed.15. this leaves us to decide family court appeal no. 3 of 2001 filed by reeta, the two letters patent appeal nos. 86 of 1994 and 87 of 1994 again filed by reeta, and family court appeal no. 15 of 2000 filed by indu. 16. by the impugned .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR221; [2005(107)FLR348]; 2005(4)MhLj163
..... appears that the decision of this court in sur enamel and stamping works ltd. v. workmen interpreting sections 2 (eee) and 25b led to the amendments made by the amending act of 1964. in sur enamel interpreting sections 2 (eee) and 25b, it was held that twin conditions were required to be fulfilled before a workman ..... and 11 of the report, it was held thus :'9. the amending act of 1964 deleted section c, having incorporated in section 25b itself the definition of 'continuous service'. it ..... consider the judgment. adjourned to 20.6.2005. both parties agree that the appeal may be disposed of at the admission stage itself.'6. in u.p. drugs & pharmaceuticals co. ltd., the supreme court discussed section 25b as existed originally and so also after amendment by the industrial disputes (amendment) act, 1964. in para 9, 10 .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(4)BomCR288; (1996)IILLJ959Bom; 1995(2)MhLj836
..... at, or order made, in such proceeding shall be binding on all the employees in such undertaking; and accordingly, the provisions of the central act, that is to say, the industrial disputes act, 1947, shall stand amended in the manner and to the extent specified in schedule i.' schedule i of m. r. t. u. and p. u. l. ..... same is not illegal the question of its being deemed illegal does not arise. with this finding it would ordinarily have been enough for the disposal of the letters patent appeal. the finding of the tribunal that no offence is made out under schedule ii, item 6 and schedule iv. items 9 and 10 deserves to be upheld ..... the learned single judge has proceeded to reject the petition. taking exception to the aforesaid summary rejection of the writ petition the appellant-union has preferred the present letters patent appeal. 9. shri deshmukh, the learned counsel appearing on behalf of the appellant-union has strenuously submitted that the non-existing thing cannot be a reason for doing .....
Tag this Judgment!Court : Mumbai
Reported in : [2006]131CompCas747(Bom); (2006)5CompLJ282(Bom); [2006]70SCL93(Bom)
..... to carry on the business of preparing for sale or otherwise the formulas for the manufacture of pharmaceutical drugs and medicines, injections, capsules, tablets, lotions, patent and proprietary medicines, common medicinal preparations, elixirs, drops, tonics other liquid drugs and medicines, medicinal preparations containing anti-biological pharmaceutical tablets, biological and non-biological ..... of its customers.6. as mentioned earlier, for the offer made by the said wanbury limited who has come forward to act as strategic partner, on april 14, 2005, the board of directors of the petitioner-company considering all the aspects of the matter resolved that subject to the directions and ..... the public interest. the second objector is tata finance ltd. who has caused to file two affidavits before this court dated august 19, 2005 and september 16, 2005, respectively. the substance of the objection is that they had offered bill financing facility. as the petitioner-company failed to discharge its .....
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