Court : Mumbai
..... of the probate to all the 4 executors. ? 4. according to the respondent, since the appellants were the petitioners, it was their duty to take steps to re-amend the petition and therefore delay in re-verification was caused by the appellants herein. 5. the learned single judge, however, by her order dated 3rd april, 2013 held ..... the remedy which was available to the respondent was either to file a review petition seeking review of the order dated 3rd april, 2013 or file a letters patent appeal. it is submitted that on this count alone, the order passed by the learned single judge is liable to be set aside. he has relied on ..... present in the court. as she had not verified the petition, she was directed not to act as an executrix. the order of 10th january, 2013, in para 5, interalia, records that : 5. ...... the petitioners shall amend the probate petition with all necessary amendments accordingly. both the aforesaid executors shall re-verify the probate petition. the petition shall proceed .....
Tag this Judgment!Court : Mumbai
..... dani, therefore, would submit that the rules in question completely disregard these parliamentary statutes. the chronological age is therefore given a complete go bye. such rules are patently discriminatory. they are excessive and arbitrary because the test results have been given a finality. 14. alternatively and without prejudice and assuming that all the concerned rules ..... on 22nd september, 2015. 10. it is in the light of the above affidavit and the contents thereof that the petition has been amended. there are sufficient grounds in the petition which would indicate that the petitioner had knowledge of these rules and the policy. it is therefore that by ..... sport activities undertaken by monopoly organisations like the bcci. such is not a case before us. we have not found from the records that the bcci has acted arbitrarily, unreasonably or has discriminated by only excluding the petitioner from the selection process. the tests have been conducted on several participants. some of them may .....
Tag this Judgment!Court : Mumbai
..... the said appeal and sought liberty to raise an objection to the jurisdiction before the learned arbitrator. the learned arbitrator allowed the application of the petitioner to amend the written statement in order to make a counter claim subject to the payment of costs and other conditions. 16. both the parties led oral evidence before ..... the respondent as well as the quantification and proof in respect thereof was to be proved by the respondent and not by the petitioner. the award shows patent illegality. a perusal of the record indicates that the petitioner had raised an issue of jurisdiction before the learned arbitrator including on the ground that the ..... realization and cost of rs.10,00,000/-. 17. the petitioner filed this petition under section 34 of the arbitration and conciliation act, 1996 and impugned the said arbitral award dated 30th june, 2005 on various grounds. this court by an order and judgment dated 9th november, 2006 in this petition allowed the said arbitration petition .....
Tag this Judgment!Court : Mumbai
..... (vol. a, part (a), p. 39). 7. on 15th december 2008, the 1st defendant ( sergi ?) filed an application under the right to information act 2005 enquiring about ctr s patent application status. on 30th january 2009, the patent office replied, saying that patent no. 202302 had been granted on 3rd august 2006. on 9th may 2009, sergi enquired of the mumbai ..... and/or other sensing means ? in relation to the buchholz relay to say that even ctr acknowledged the need for a prv or an rprr in its patent application amendments, but took these out later. ctr thus narrowed its claim to finally yield a complete disclaimer of the prv. since the prv is an essential component, ..... say that when ctr first moved court it did so not on its complete specification but on its provisional specification, one that had later suffered at least two amendments. he read this with the specifications and claims to show that the claims had altered between the time of the application and so had the specification. specifically .....
Tag this Judgment!Court : Mumbai
..... consideration of the division bench. hence, the petitioner cannot rely upon this decision. 28. section 5 of the standing orders act lays down the methodology for amendment of the standing orders. section 5 reads as under: sec.5. certification of (amendment). (1) on receipt of the draft under section 3, the certifying officer shall forward a copy thereof to the ..... (b.p. dharmadhikari, j.) in the case of raymond u.c.o. v/s praful warade (2010 (3) clr 1059), and this decision was challenged by a letters patent appeal and the order is stayed. nothing has been placed on record that the declaration of law laid down by the learned single judge in the case of raymond u ..... was issued on that date. the rule was issued only on the issue of back wages. the petitioner challenged the order dated 20 march 2012 by way of letters patent appeal. by order dated 17 april 2012, the issue of interim relief was directed to be decided afresh. thereafter the matter was placed before the learned single judge again .....
Tag this Judgment!Court : Mumbai Goa
..... 1. 11. mr. nitin sardessai, the leaned senior counsel appearing for the applicant has argued that the order passed by the judicial magistrate first class allowing to amend the typographical mistake is an interlocutory order. therefore, the criminal revision application against the said order is not maintainable. 12. as against this, mr. teles, the ..... term of well-known legal significance and does not present any serious diffident. it has been used in various statutes including the code of civil procedure, letters patent of the high courts and other like statutes. in webster's new world dictionary "interlocutory" has been defined as an order other than final decision. decided ..... :coming back to the facts pleaded in the present case and bearing in mind the essential ingredients of offence under section 138 of the negotiable instruments act, if the cheque was dishonoured and returned for non-payment in respect of which demand notice was sent and served and furthermore if the amount demanded .....
Tag this Judgment!Court : Mumbai
..... amount of gratuity which was arbitrarily withheld by the respondent. according to the petitioner, the said amount was subsequently released by the respondent. the petitioner had amended their claim before the learned arbitrator and restricted their claim only towards interest. learned counsel for the petitioner has placed reliance on section 4 (a) of ..... on page 893 of vol.v and would submit that the respondent had admitted its liability. reliance is also placed on a letter dated 15th march, 2005 from the petitioner to the respondent and it is submitted that the petitioner had submitted all requisite details and proof of submission of returns and payment. ..... is concerned, the said judgment is delivered by the supreme court under the provisions of the arbitration act, 1940. in my view, since the award shows perversity and patent illegality, this court thus can interfere with the said patently illegal award and with such perverse findings. other judgments relied upon by the learned counsel for .....
Tag this Judgment!Court : Mumbai
..... control was infringing upon its independence as a quasi-judicial body. various changes were brought about by the companies amendment act, 1988 as regards the powers and functions of the board. this amendment was preceded by setting up of a committee who submitted its report. the committee noted that there was need ..... glance the reader gets an impression that eg instituted sixteen proceedings in different courts while mehras instituted only six. the proceedings instituted by eg for patent infringement in different courts have been specifically listed. however when it came to mehras chart, 47 revocation petitions have been clubbed under one serial number ..... of eg and its directors was in contravention of their fiduciary duty as shareholders of eil. eg refused to provide transfer pricing information after 2005-2006. eil being indian subsidiary of foreign principal was required to produce material before tax authorities which was unjustifiably withheld despite repeated reminders causing problems .....
Tag this Judgment!Court : Mumbai Nagpur
..... respondent no.5 was a bonded candidate, which according to him, is totally false and baseless. according to him, the information gathered under the r. t. i. act clearly reveals that no such certificate was issued in favour of respondent no.5. he, therefore, submitted that the petitioner was unnecessarily put to sufferance only because respondents wanted ..... sandip gujar was appointed as a bonded candidate. in support of the contention, the petitioner has filed the information received by him under the right to information act that the certificate of dr. gujar of bonded candidate was never issued nor was it issued by any competent authority. the information received under the r. t. i ..... this petition in paragraph nos. 18a and 18b along with documents. the averments in the amended petition have not been refuted. he was then given appointment w.e.f. 22.04.2004 to 21.03.2005 and was again appointed by order dated 18.01.2006. however, suddenly w.e.f 20.07.2007, he was discontinued from service .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the 42nd amendment, the second right was altered. the right to show cause on the quantum of punishment was taken away and the right to show cause on the findings of the enquiry ..... ecil, hyderabad vs. b.karunakar, air 1994 sc 1074 = (1993) 4 scc 727, has dealt with the aspect of the right of a workman in disciplinary proceedings. the 15th amendment to the constitution gave the workman / employee a right to show cause on the charge sheet and then the second right to show cause on the quantum of punishment. by ..... high court it would have been termed, properly speaking, as a writ of prohibition. a writ of prohibition is issued only when patent lack of jurisdiction is made out. it is true that a high court acting under article 226 is not bound by the technical rules applying to the issuance of prerogative writs like certiorari, prohibition and mandamus in .....
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