Court : Mumbai
Reported in : 2008(6)ALLMR703; 2008(5)BomCR668; (2008)110BOMLR2560; 2008(6)MhLj819
..... of the constitution of india. such a view taken by this court has been approved by the supreme court by its judgment in the case of anand sharadchandra oka v. university of mumbai and ors. : air2008sc1289 .9. the order is made on an application made by the society and it is apparent that it benefits the society. therefore, ..... the other hand, relied on the observations of the supreme court in a constitution bench judgment in the case of daman singh and ors. v. state of punjab and ors. : [1985]3scr580 , the judgment of the supreme court in the case of state of u.p. and anr. v. c.o.d. chheoki employees' cooperative society ltd. and ors. ..... the provisions of co.operative societies and get appropriate resolution passed by the appropriate body of the society. according to the provisions of the maharashtra co.operative societies act the affairs of the societies are managed on democratic principles. a decision taken by managing committee is binding on all the members of the society. if according to .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)MhLj1132
..... figures of their sales reflected in the statement of sales.4. according to the respondents, the artistic work of 'prince santra' has been registered under the copyright act, 1957 ('act' for short) as reflected in the extract of the register of copyright. by deed of assignment dated 5th may, 2001, respondent no. 1 - company assigned ..... to this, is also manufacturing and selling country liquor under various trade labels one of which is prince santra.3. respondent no. 1 alleged that in the year 1985, it had engaged, for valuable consideration, the services of one mr. radheshwar fattu, sole proprietor of m/s nikhil enterprises, mumbai to design a label for ..... of copyright in support of its finding. to support this finding, learned counsel appearing for the respondents also heavily placed reliance on section 48 of the copyright act. he pressed into service the judgment delivered by learned single judge of this court in the case of hindustan lever limited (supra), wherein learned single judge .....
Tag this Judgment!Court : Mumbai
Reported in : [1988]64CompCas102(Bom)
..... , 1976. this appears also to be acknowledged in para 9 off the affidavit of the official liquidator dated september 13, 1985, in reply to the judges summons.13. mr. parekh replied upon section 132 of the companies act in support of his submission that a certificate of registration was imperative for the charge to be valid. section 132 states ..... filed by msfc and sicom, respectively: msfc's appeal impugns the order dated october 17, 1985. sicom's appeal impugns the order's of october 17 and october 25, 1985.10. counsel for msfc and sicom have drawn attention to section 125 of the companies act. sub - section (1) of section 125 needs to be exreacted.'125 (1). subject ..... of sicom claiming that his contention was not correct.6. on august 5, 1985, the msfc issued a judge's summons to which the official liquidator and sicom were made parties. prayer (a) thereof sough leave under section 446 and /or 537 of the companies act to file it. prayer (b) sough a declaration that mssfc was secured creditor .....
Tag this Judgment!Court : Mumbai
Reported in : 1985(1)BomCR679
..... the area required for the road-widening or for constructing new roads proposed under the development plan, or those proposed under any provision of the bombay municipal corporation act, if the owner (including a lessee) of such land is prepared to release such area for road widening or for construction new roads without claiming any compensation ..... this case. i am afraid, in this contract which if before me, there is no such negative stipulation saying that defendant no. 2 will not do certain act. the negative stipulation which a party wants to enforce must be quite clear and distinct from affirmative stipulation, in the contract itself. affirmative stipulation by itself cannot ..... sanction to the plans of defendant no. 2. however, the municipal corporation or a public body in granting sanction to the plans must be assumed to have acted in accordance with the rules. there is valid sanction in favour of defendant no. 2 on the strength of which he is constructing building and developing the .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)MhLj556
..... several text and notifications as to how valuation of the fruit bearing trees should be made. he filed a letter from the department of horticulture from mahatma phule university rahuri. he also relied on text book called 'maharashtratil fal zade', page 160. a circular issued by director of horticulture, maharashtra state pune dated 5th jan ..... , 1 find that this calculation is not available for me. therefore, i cannot take advantage of calculations made by my learned brother in l. r. no. 89 of 1985. the rates which have been found for the guava trees which were situated is s. no. 30/5 are very high and it appears that they were grafted guava trees ..... full realisation of the compensation from the state government.no order as to costs.3. the facts are as follows:a notification under section 4 of the land acquisition act (la act) dated 4-2-1981 issued for acquisition of lands for sub-mergence of the waghad dam. all the claimants/respondents herein have filed their respective claims. they are .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1985Bom253; 1985(2)BomCR119; 1985MhLJ34
..... required to be recovered by drawing an executable order by reason of sub-s (2) of s. 35b of the code. surely this shows that the provisions are not of universal application. on the contrary these are specifies of the statue. not by reason of s. 36 but by reason sub-s (2) of s. 35b of the code, the order ..... as thrown-away costs or special costs payable as a condition precedent only in the event the suit was to be restored and the notice of motion was to be acted upon leading to such a result of restoration of the suit. such special costs could be awarded so as to cover the expenses that might have been incurred had the ..... the impugned order court rejected the same.3. mr. tripathi relies on the provisions of s. 35b civil p.c. 1908, (hereinafter referred to as 'as code') inserted by amending act no. 104 of 1976 in the code. sub-section (2) of that provision permits the costs which are not paid to be included in the costs awarded in the bill .....
Tag this Judgment!Court : Mumbai
Reported in : 1984(2)BomCR595; (1985)87BOMLR278; 1984MhLJ828
..... , with no order as to costs.11. the defendants-judgment debtors will be granted one year's time to vacate the premises i.e. on or before 31st july, 1985 if they give an undertaking to this court on usual terms within a period of one month. it is made clear that in case of breach of the undertaking, without ..... this argument is ingenious, but is without substance. in jam . v. sadashiv sitaram, : air1967bom43 this court had an occasion to consider the provisions of section 5(11)(c) of the act. this is what the division bench observed in para 5 of its judgment :---'it is not possible from the language of the relevant provision to infer that the legislature intended ..... until the expiration of one month next after the notice in writing has been served upon the tenant in the manner provided in section 106 of the transfer of property act. admittedly, no such notice was served upon the defendant and therefore, the suit itself was not maintainable.6. the argument is no doubt ingenious, but i find it .....
Tag this Judgment!Court : Mumbai
Reported in : (1994)IILLJ438Bom
..... high court resolved the difficulty by referring to the hindi version, which, in no uncertain terms, indicated that what was defined as a misconduct could only be an act committed within the premises of the establishment or in the vicinity thereof. the supreme court specifically referred to this circumstance and distinguished mul-chandani's case (supra).in ..... to hold that the tribunal has erred in refusing to accord approval under section 33(2)(b) of the industrial disputes act to dismiss the second respondent from service. in the result, the impugned order, passed on june ,10, 1985, by the learned member of the industrial tribunal, in application it no. 113 of 1983, in reference it no ..... ashok agarwal, j.1. by judgment and order, passed by the industrial tribunal, on june 10, 1985, in application it no. 113 of 1983 under section 33(2)(b) of the industrial disputes act, in reference it no. 95 of 1978, the prayer of the petitioner for grant of approval of the company's action of dismissal of .....
Tag this Judgment!Court : Mumbai
Reported in : (1986)52CTR(Bom)293; [1986]162ITR556(Bom); [1986]26TAXMAN664(Bom)
..... . it filed a writ petition in the supreme court contending that it was not a manufacturer of carbon dioxide and that the said item in the central excise and salt act did not apply. the supreme court heard the assessee's writ petition along with a writ petition filed by south bihar sugar mills ltd. and delivered judgment on february 5 ..... gas. it uses this carbon dioxide too make soda ash.5. carbon dioxide was subject to excise duty under item 14h of schedule i to the central excises and salt act, 1944. by a notification dated july 7, 1962, the central government exempted carbon dioxide used in the manufacture of soda ash from so much of the excise duty as was ..... by the depreciation already allowed ?(2) whether, on the facts and in the circumstances of the case, the assessee was entitled to relief under section 91 of the income-tax act, 1961, in respect of dividends from united kingdom ?(3) whether, on the facts and in the circumstances of the case, the sum of rs. 8,65,208, being excise duty .....
Tag this Judgment!Court : Mumbai
Reported in : 1985(1)BomCR174; 1984MhLJ633
..... envisaged by the act, a statutory state board and a statutory division board for each of the three divisions (1) poona division, (2) aurangabad division and (3 ..... ) nagpur division have been termed. the state board is empowered to make regulations to carry out the purposes of the act. the maharashtra secondary and higher secondary education boards regulation, 1977 framed there under which came into force on and from 15th june, 1977 governs admissions to the junior ..... secondary education boards act, 1965'. that act which came into force on and from 15th june, 1977 introduced, what is now commonly known as 10+2+3 pattern of education, i.e. 10 years of secondary school education, 2 years of higher secondary education or junior college education and 3 years of university education.3. as .....
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