Court : Mumbai
..... of the court of appeal erroneous. this judgment has been consistently followed in india to test awards under section 30 of the arbitration act, 1940. in the 1996 act, this principle is substituted by the 'patent illegality' principle which, in turn, contains three sub heads- (a) a contravention of the substantive law of india would result in ..... and 2 of the judgment which are extracted as under:- 1. this is an appeal on a certificate under article 133(1)(a) of the constitution before its amendment. the respondent (original plaintiff) was given a contract by the appellant (original defendant) for carrying out construction work on a certain project. according to the appellant, ..... what would otherwise be injurious to the public good at the relevant point as contradistinguished by the policy of a particular government. (see state of rajasthan v. basant nahata: (2005) 12 scc 77].) in dda v. r.s. sharma and co. (2008) 13 scc 80, the court summarized the law thus: 21. from the above decisions .....
Tag this Judgment!Court : Mumbai
..... the question of this courts jurisdiction. e-city obtained leave under clause xii of the letters patent. this was on the basis that imax did not carry on business in india and, specifically, in mumbai. it then filed a chamber summons for amendment in which it contended that imax did, in fact, carry on business both in india ..... materially different from an action that seeks a restraint against the enforcement of an arbitral award. as i understand it, dr. tulzapurkars submission is that the arbitration act has no application whatever to the award in question. he also points out that e-city has contested these proceedings at every stage in every forum overseas and it ..... an extreme proposition: every losing party in a foreign arbitration, with a foreign award against him, only has to lodge a petition under section 34 of the arbitration act (and no matter that that section and the entire part in which it sits applies only to domestic awards) and there is an instantaneous and automatic global stay .....
Tag this Judgment!Court : Mumbai
..... seller of his right in the trade mark or patent. as has been set out in the statement of objects and reasons leading to the amendments noted above that the same were proposed to prevent unintended loss of revenue. certain amendments were necessitated for the purpose of effective implementation of the bst act. some of the amendments were given retrospective effect. once this intent is ..... the seller is entitled to use a patent in respect of the method or process of manufacturing the goods sold; the statement of objects and reasons leading to the amendments reads as under: in view of the experience gained in the working of the bombay sales tax act, 1959, certain amendments are proposed to be made in the act to prevent unintended loss of revenue .....
Tag this Judgment!Court : Mumbai
..... of trial either original suit or at appeal . 12. after the judgment of full bench in prabhakarbhat (supra), the words at any stage were inserted by way of amendment in the section of return of plaint. earlier in the corresponding provision under section 57 or 52 (old) the said words were absent. however, full bench gave elastic ..... and others, reported in air 1989 bombay 359. in the said matter, the court was dealing with its power to receive the plaint under clause 12 of the letters patent. in the said matter, necessary leave, as the land is situated out of the territorial jurisdiction of mumbai, was not obtained and, therefore, the learned single judge ..... supreme court in raizadatopandas (supra) were referred, wherein the supreme court dealt with the interpretation of section 28 of the bombay rents hotel and lodging house rates control act, 1947. the suit was filed before the city civil court. the objection was raised and the city civil court held in favour of the defendant. the high court .....
Tag this Judgment!Court : Mumbai
..... times; and the expression or construct any additional structures in clause (ii) of sub-section (1) of section 7 as it existed before the commencement of the amendment act and the expressions constructed and completed in accordance with the plans and specifications aforesaid and any unauthorised change in the construction in sub-section (2) of section 7 ..... what i said then to you or how or why; i will now invoke my legal rights to take away the very thing i promised. this is patently inequitable. it cannot possibly be the intent of the mofa. 79. consider the statements made by the hiranandanis in their brochures, samples of which are at ..... as, indicating that these building plans were as submitted . the first of the buildings to be constructed was that of the 12th defendant, solitaire. between 1990 and 2005 occupation certificates were obtained for the ten buildings constructed (i.e., the nine residential buildings of the societies and the commercial building, galleria). mr. kapadia and mr. .....
Tag this Judgment!Court : Mumbai
..... by the decision of the supreme court in vikas sales corporation vs. commissioner of commercial taxes where it was observed that even incorporeal rights like trademarks, copy rights, patents and rights in personam capable of transfer or transmission are included in the ambit of "goods". in the instant case, the admitted position is that by the agreement ..... any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration in the state of maharashtra. the act originally enacted came to be amended from time to time. it is containing several definitions. the definition section is section 2 and which opens with the words in this ..... pursue the writ petition. 6. mr. kumbhakoni has relied upon a judgment of the kerala high court in that regard passed in writ appeal no.715 of 2005 decided on 20th october, 2005 in the case of assistant commissioner of central excise and ors. vs. krishna poduval and ors. 7. on the other hand, mr. chinoy, learned .....
Tag this Judgment!Court : Mumbai
..... the arbitral tribunal, there was no money claim made by the respondent during the pendency of the arbitration petition. the respondent had applied for amendment of the claim. the amendment was allowed by the learned arbitral tribunal on 21st august 2007. a perusal of the award indicates that the arbitral tribunal did not allow ..... before the income tax authorities and also certified that the petitioner had not claimed any depreciation on the said equipments. 10. by letter dated 24th november, 2005, petitioner informed the respondent that lease rentals paid by the petitioner were allowed as deductible expenses under the income tax computation of the petitioner. 11. in ..... of the arbitration award is accordingly set aside. 67. in my view, the entire award is patently illegal and is in conflict with the public policy and deserves to be set aside under section 34 of the arbitration and conciliation act, 1996. 68. i, therefore, pass the following order :- a) arbitration petition is made absolute .....
Tag this Judgment!Court : Mumbai
..... imitate it. thereafter the division bench in the case of m/s. maxheal pharmaceuticals (india) and others v. shalina laboratories pvt. ltd. (appeal no.88/2005 decided on 16.2.2005)referred to the decision of vimadalal, j. and observed that vimadalal, j. has pointed out that it is not the practice of this court to consider validity ..... of the designs act and the scheme of the patents act. as per the well-settled principles of statutory interpretation, the provisions in one statute are not to be interpreted by reference to the provisions in another statute. 39. dr. tulzapurkar drew our attention to the reports of the committees constituted to make recommendations to amend the act of 1940. he ..... by the defendant at an interlocutory stage in a suit for infringement of registered trade mark (judgment dated 16 february 2005 in m/s. maxheal pharmaceuticles v/s. shalina laboratories pvt. ltd. appeal no.88 of 2005 in n.m.no.2663 of 2004 in suit no.2663 of 2004) and the other decision in which the .....
Tag this Judgment!Court : Mumbai Nagpur
..... in view of the fact that relevant subsequent event is intended to be brought on record, application is allowed. office to register the application. petitioner to carry out amendment forthwith. 2. wp no. 396 of 2014 : rule. heard forthwith by consent of parties. 3. this petition involves a short but important question of law viz. ..... the superintendent of police, washim, clause 5 of the appointment order also could not have been pressed into service. the order of termination thus appears to be patently illegal. 23. it is further transpired that though a show-cause notice was issued to the petitioner before terminating his services and though petitioner has submitted his ..... were pending against him. on 13.8.2012 petitioner was relieved from his service. on 16.8.2012 petitioner preferred oa under section 19 of the administrative tribunals act, 1985 before the tribunal. oa so filed by the petitioner was dismissed on 27.8.2012. aggrieved thereby, the petitioner has filed the present writ petition. .....
Tag this Judgment!Court : Mumbai
..... . we are thus of a view that the scope of the reference under clause 36 of the letters patent is restricted to the points of reference formulated in order dated 9th august, 2011. the grounds raised in the amended petition are not covered by the reference hence it is not within our jurisdiction to consider the arguments or express our ..... members for fresh consideration. while quashing the order of the third member it was held that the third member, who is functioning under section 255(4) of the act cannot act as an appellate authority over the two members of the tribunal. it was held that the third member does not have such a power to direct the two members ..... . 28 issue 2 from uk (related to my ph.d. 4. expansion by inclusion-exclusion, the american mathematical monthly, may, 2005, vol. 112, nos. 5 from usa. 5. a result on fibonacci numbers, mathematical gazette, nov. 2005, vol. 9, no.5/6 from usa. 6. problem on lucas number, school of science and mathematics, jan. 2009, vol. 109 (1) from .....
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