Court : Mumbai
..... singhania and others air 2008 sc 2488. by relying upon the said decision, he urged that the family arrangement has to be treated differently from any other commercial settlement. lastly, he invited our attention to a decision of the division bench of delhi high court in the case of jaininder jain and others v. arihant jain and ..... a divisible asset. he urged that the trade mark was admittedly in the name of the second appellant and even after the execution of the memorandum of family settlement, the mark was renewed in the name of the second appellant. he pointed out that shri hemant mehta was claiming an independent right of proprietorship in the ..... taken us through the pleadings, documents on record and the findings recorded by the learned single judge. he invited our attention to the memorandum of understanding/family settlement relied upon by the respondents. he submitted that the memorandum of understanding does not mention that there was a division of the property in trade mark in the .....
Tag this Judgment!Court : Mumbai
..... cotton bales as per the description given below subject to bye-laws of the east india cotton association ltd., bombay which contain amongst other things, provisions for the settlement of disputes by arbitration on account of quality." 15. in the above circumstances, the stand of the federation as indicated by mr. belosay in writing today is ..... we are concerned with chapter iv, which contains provisions regarding procurement, grading and pooling cotton. in the present case, chapter v, namely, "mode of fixing and payment of price for cotton tendered at collection centres" need not be referred in details given the nature of the contract. once the contract was understood by the parties as ..... in recent years. it has been brought to the notice of the government of maharashtra that because of too many intermediaries and also defects in the marketing system, growers of cotton in the state do not get a fair share of the price for their crop. it was also necessary to supply unadulterated cotton to .....
Tag this Judgment!Court : Mumbai
..... a bill of exchange, cheque, promissory note, bill of lading, letter of credit, policy of insurance, transfer of share, debenture proxy and receipt. section 2(t) : settlement means any non-testamentary disposition in writing of movable or immovable property made, - (i) in consideration of marriage , (ii) for the purpose of distributing property of the ..... in accordance with its rules and bye-laws with the requisite amount of stamp duty, within two months from the date of its execution.] section 19 : payment of duty on certain instruments [or copies thereof] liable to increased duty in [maharashtra state] where any instrument of the nature described in any article in ..... exemption, the government would be liable to pay the duty chargeable in respect of such instrument [or where the government has undertaken to bear the expenses towards the payment of the duty ]; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship .....
Tag this Judgment!Court : Mumbai Aurangabad
..... . as the factual exposition would reveal, respondent 3 had prosecuted the earlier authorities and after the matter is dealt with by the high court in a writ petition recording a settlement, he does not withdraw the criminal case and waits for some kind of situation where he can take vengeance as if he is the emperor of all he surveys. it ..... the instance of the present appellant 1. we are only stating about the devilish design of the respondent 3 to harass the appellants with the sole intent to avoid the payment of loan. when a citizen avails a loan from a financial institution, it is his obligation to pay back and not play truant or for that matter play possum. as .....
Tag this Judgment!Court : Mumbai
..... examined the procedure required to be followed by the bank or the financial institutions, when the secured assets of the borrowers are sought to be sold for settlement of dues of the bank or the financial institutions by noting the enforcement rules, but with clear rider that "such enforcement should be in conformity with the ..... .p. no.1150 of 2015) as a part of hotel operations service, hyatt has been authorised to collect monies from the guests, put up credit card systems, recruit employees for blue coast at the hotel and pay salaries from out of the operating bank account (as provided in section 5) maintained by blue coast ..... relating to assets classifications issued by the reserve bank;]" "(t) "property" means- (i) immovable property; (ii) movable property; (iii) any debt or any right to receive payment of money, whether secured or unsecured; (iv) receivables, whether existing or future; (v) intangible assets, being know-how, patent, copyright, trade mark, licence, franchise or any .....
Tag this Judgment!Court : Mumbai
..... in the official gazette and in terms of sub-section (3) of section 10. the government receipt accounting system regulates the use of e-payment and the procedure to regulate this payment through this accounting system has to be determined by the chief controlling revenue authority. the banks in the present case have to ensure ..... of a franking machine, by means of cash, by demand draft, by pay order or by e-payment and the procedure to regulate the use of that payment through government receipt accounting system (virtual treasury) for payment of duty shall be such as the chief controlling revenue authority may by an order determine. therefore, there ..... section 4 of the act provides for chargeability of duty on several instruments used in a single transaction of (development agreement) sale (lease) mortgage or settlement. section 5 which falls in the same chapter ii deals with instruments relating to several distinct matters and section 6 deals with instruments coming with several descriptions .....
Tag this Judgment!Court : Mumbai Goa
..... . section 84(5) provides that the provisions of the said arbitration act, 1996 shall apply to all arbitrations under that act as if the proceedings for arbitration were referred for settlement or decision under the provisions of the arbitration act, 1996. in the present case, it is not disputed that after the award came to be passed by the arbitrator, the ..... . according to the argument of the learned counsel for the petitioner during the period 14th december, 1957, to 30th june, 1958, the petitioner was liable neither to payment of excise duty nor to payment of sales tax. we do not know why there should have been such an exemption. the language of the notification might well be read as meaning that the .....
Tag this Judgment!Court : Mumbai Nagpur
..... , wells and embankments constructed and permanent fixtures made and the value of any trees planted on the land by the landlord after the period of the last settlement or where no such settlement is made during the period of thirty years before the commencement of this act and the amount of the arrears of rent, if any, lawfully due on ..... price, mode of payment, etc. (1) (a) a tenant who desires to exercise the right conferred by section 41 shall make an offer to the landlord stating the price at which he is prepared ..... otherwise shall not be less than one family holding. 13. section 43 of the said act deals with the tenant to make an offer, determination of purchase price, mode of payment, etc. clause (a) of sub-section (1) of section 43 of the said act being relevant, is reproduced below : 43. tenant to make an offer, determination of purchase .....
Tag this Judgment!Court : Mumbai Aurangabad
..... such a document. item 9 of schedule iv, though has a large compass for looking into the contentions of the complainants, cannot appreciate a document, which is not a settlement, an agreement or an award. even on this count, the industrial court could not have considered the minutes of discussions and its purported non-production as a ground for ..... 2(p) r/w section 18 of the industrial disputes act signed between the petitioner corporation and the union representing the respondents, which could be termed as being a settlement applicable and binding upon the parties. 20. the contention of one of the respondents and that too after the conclusion of the enquiry, is that there was an ..... before the expiry of 14 days from the date of the receipt of the strike notice, and (3) was the strike in respect of demands covered by the subsisting settlement ? the first is a question of law and the other two are questions of fact. the first question revolves round the meaning of the expression "deemed to be .....
Tag this Judgment!Court : Mumbai
..... revenue s report was never supplied to the petitioners nor were the petitioners given an opportunity of dealing with it. the petitioners also claim that the settlement commission accepted the revenue s contentions regarding discrepancies without giving the petitioners an opportunity to explain that there were in fact no such discrepancies. in the ..... and balance sheet to reflect any write off; and that the petitioners had not accepted their full liability (exhibit k , pp.89-93). 12. the settlement commission fixed a personal hearing on 30th october 2014. during the course of this hearing, the petitioners inter alia accepted an additional liability, thus taking their total ..... duty liability, to obtain immunity from payment of penalty and prosecution. to merely opine only on the basis of revenue s report that because there was a difference between the petitioners case and that of the revenue, no settlement is possible is directly contrary to the statutory mandate. in no case, ms. patil says, .....
Tag this Judgment!