Court : Mumbai Nagpur
..... submits that all the questions, which are raised by the appellants, can be gone into by the learned arbitrator under section 16 of the said act. the learned counsel, therefore, submits that the letters patent appeal deserves to be dismissed. 7. shri jagtap, who appear for respondents 2 and 3, also submits that the suit itself was not maintainable ..... the firm. as already stated since the suit has been filed for declaration to declare that the revision petitioner is not a partner with effect from 18.11.2005, and for consequential injunction restraining the petitioner from disturbing the smooth functioning of the first respondent firm, the issue relates to the causes which compelled the respondents to ..... is prior to the judgment of the constitution bench of the apex court in case of sbp and co. v/s. patel engineering limited and another reported in (2005) 8 scc 618. in case of s.b.p. company, the apex court was considering the correctness of the view taken by the constitution bench of the apex .....
Tag this Judgment!Court : Mumbai Nagpur
..... seed price in maharashtra has been in the recital of the notifications and aims and objects of the maharashtra seed act apart from report prepared by the standing committee on food consumer affairs public distribution for examination of the essential commodities (amendment bill, 2005). the farmers/intervenors have also while backing the action of the state, elaborated their supportive case in affidavit. the ..... repugnancy principles applicable to the present case : the judgments on repugnancy/inconsistency : 15] both the counsel have cited various judgments revolving around the concept of repugnancy and principles behind it, based upon various different acts/orders, apart from .....
Tag this Judgment!Court : Mumbai Nagpur
..... ) notwithstanding anything contained in sub-section (1) as in force before the commencement of the maharashtra slum areas (improvement, clearance and redevelopment) (amendment) act, 1986 (hereinafter in this section referred to as "the amendment act") or in any other law for the time being in force, no person shall, except with the previous permission in writing of the competent ..... that the learned single judge has erred in interfering with the order of the executing court. in that view of the matter, the appeal succeeds. (a) the letter patents appeal is allowed. (b) the impugned order passed by the learned single judge is quashed and set aside. (c) the petition filed by the respondent/tenant is ..... the objection is such which is apparent on the face of the record. 23. insofar as the orders passed by the division bench in two letter patent appeals are concerned, the said orders are merely some orders inter se between the parties issuing directions and do not lay down any proposition of law and .....
Tag this Judgment!Court : Mumbai Nagpur
..... state government to collect toll either by itself or through its authorized agents. 8. section 20 of the motor vehicles tax act suffered another amendment in the year 1991 by amendment act 29 of 1991. by the said amendment, provision was made so as to enable the state government to recover the expenditure incurred on the said work which was ..... the judgment considering an un-amended provision of section 20 of the motor vehicle tax act, 1958. section 20 came to be amended from time to time. one of such amendment was by amendment act 15/1987. the object and reasons of the said act provided that the state considered it expedient to amend section 20 of the act so as to suitably ..... rule as necessary now, as it was when lord coke reported 'heydon's case (v) . in 'eastman photographic material co. vs. comptroller general of patents, designs and trade marks' 1898 act 571 at p.576 (x) earl of halsbury reaffirmed the rule as follows : my lords, it appears to me that to construe the statute in question, .....
Tag this Judgment!Court : Mumbai Nagpur
..... as much as challenge to s.41d has not been pressed and is given up by the petitioners. section 41c of the bombay dales tax act,1959 has been added to the statute book vide state amendment act xix of 1996 and come into force on 8.6.1995. its impact on 1979 sales tax incentive scheme as notified on 5.1.1980 ..... tax, the same is deemed to be extended also to the additional tax and turnover tax as they are based on sales. 24. section 41c has been added by maharashtra amendment act 12 of 1995 wef from 8.6.1995 and it reads:-- -section 41c- cancellation of certificate of entitlement (1) notwithstanding anything contained in this ..... , or (b) not being an unit referred to in entry (a) above, exceeds at any time, whether before or after, the date of commencement of maharashtra tax laws (levy, amendment and validation) act, 1995, the monetary ceiling as provided in the relevant package scheme of incentives. (ii) the period for which a certificate of entitlement was granted to an eligible unit, expires .....
Tag this Judgment!Court : Mumbai Nagpur
..... which judges function in bombay. all that happens is that the chief justice, under the powers given to him under the letters patent distributes the work to various judges and various divisional benches, and acting under that power he distributes certain work to the judges sitting at nagpur." he then continued: "all that rule 254 does is ..... we turn to the practical aspect, and let us consider whether this rule inconveniences the people at nagpur. if it does, it would certain call for an amendment of that rule. now, there is particular reason why all income tax references should be heard in bombay and that reason is this. the high court of ..... abridge the jurisdiction, the said two provisions need to be looked at in their proper perspective. the said two provisions namely, section 41 of the bombay reorganisation act, 1960 (act no.11 of 1960) and the provisions of chapter xxxi of the bombay high court appellate side rules, 1960 are designed to meet administrative requirements, and administrative .....
Tag this Judgment!Court : Mumbai Nagpur
..... by the learned single judge. i, therefore, hold in line with the said reasoning and confirm the finding recorded. in addition, mr. atrey invited my attention to the amended para 2(a), 2(b) and 12(a) to 12(d) of the petition so also rules and bye-laws of the i.c.a.r. he also referred ..... court in physical research laboratory v. k.g. sharma reported in : (1997) iillj 625 sc. physical research laboratory was a trust registered under the bombay public trusts act and was financed by the department of space, government of india. after considering the question as to what is industry as discussed in bangalore water supply and sewerage board v ..... 4. mr. atrey, learned counsel for the petitioners, further contended that the said judgment was put to challenge in letters patent appeal no.464/2009 decided on 23.11.2010. however, he submitted that in the said letters patent appeal, the point about petitioner not being an industry was not raised and, therefore, there was no occasion for the appellate .....
Tag this Judgment!Court : Mumbai Nagpur
..... when the legislature comes up with proper legislation, i.e. legislation by adoption, legislation by reference or legislation by incorporation or by amending the acts. it is not the job of the court to read the provisions of one act into another by adopting one of these methods since it is for the parliament or the state legislature to undertake this exercise and ..... of the apex court in para 29 of the judgment in the case of j.p. srivastava and sons (p) ltd. and others vs. gwalior sugar co. ltd. and others (2005) 1 scc 172, which are as follows: 29. therefore, although as a rule, trustees must execute the duties of their office jointly, this general principle is subject to the following ..... law laid down by honble supreme court in the case of j.p. srivastava and sons (p) ltd. and others vs. gwalior sugar co. ltd. and ors. reported in (2005) 1 scc 172, held that said question would have to be decided by the learned single judge on the facts and circumstances of the case, having regard to the law .....
Tag this Judgment!Court : Mumbai Nagpur
..... , there was also available on record, as submitted by learned counsel for the appellants, her death certificate indicating that she had expired on 30th january, 2005. therefore, the finding recorded by the trial court on this aspect of the case is not based upon the evidence available on record and has to ..... of lanka (supra) and appearing in paragraph 29, which are reproduced thus : ........whilst considering applications for condonation of delay under section 5 of the limitation act, the courts do not enjoy unlimited and unbridled discretionary powers. all discretionary powers, especially judicial powers, have to be exercised within reasonable bounds, known to the ..... further questions are: what the appellants did after the certified copies of the judgment and decree were delivered to them on 15.2.2010? whether they acted thereafter with sufficient promptitude or whether they were negligent and allowed the rights acquired by the respondents to be consolidated and finalized. 6. in order to .....
Tag this Judgment!Court : Mumbai Nagpur
..... age of attaining of superannuation for the post of driver. 7. learned advocate for the petitioner has submitted that the impugned order suffers from patent irregularity and illegality and is not sustainable in law. the learned advocate for the petitioner has submitted that respondent no.1 had accepted the ..... is also not proper. in that case, the employee was terminated and the employee's son made representation dated 10th october 2002 and 26th september 2005 seeking compassionate appointment and these representations were rejected on 7th march 2006. shri prakash vinayak naik (employee) had filed writ petition in august 2009 ..... departments/public sector undertakings, government companies declaring that the nonobservance of the scheme of reservation for persons with disabilities should be considered as an act of non-obedience and nodal officer in department/ public sector undertakings/ government companies, responsible for the proper and strict implementation of reservation for persons .....
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