Court : Mumbai
Reported in : 1985(1)BomCR657
..... the court's jurisdiction to see to it that a dispute is effectively adjudicated upon should be constricted by virtue of the provisions of section 19 of the specific relief act which alms at giving equitable jurisdiction to the court.13. i may, however, mention that so far as the ultimate decision of the full bench is concerned, there ..... , the courts of equity will be chary in the matter of giving to him the equitable relief of specific performance. to hold that section 19 of the specific relief act is exhaustive is to hold that the said section 19 overrides the provisions of order 1, rule 10 of the code. with great respect 1 find no justification for ..... proper parties to the suit.for coming to this conclusion reliance was placed by the learned judge of the madhya pradesh high court upon section 19 of the specific relief act. the said section 19 provides that specific performance of an agreement may be enforced against various persons and a list of persons is mentioned in the said section. the .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(5)BomCR535
..... .e. upto to 1976 because the goods are landed in 1974. thus in that view of the matter the claim of the plaintiff which has been filed in 1985 is hopelessly barred by the law of limitation. therefore the suit is required to be dismissed. itis also contended by him that the 2nd defendant being only canalising ..... or any aircraft making use of any port, includes any part-owner, charterer, consignee, or mortgagee in possession thereof.'prior to the amendment effected on february 1, 1975 by act no. 29 of 1974, the words 'loading or unloading of the such goods' were absent and the expression 'owner' in relation to goods merely included 'any consignor', consignee ..... relied upon the subsequent passage in the dictionary which reads as follows :'but 'include' is susceptible of another construction which may become imperative if the context of the act is sufficient to show that it was not merely employed for the purpose of adding to the nature significance of the words or expressions defined. it may be .....
Tag this Judgment!Court : Mumbai
Reported in : (1995)IIILLJ123Bom
..... division at their head office as 'b' grade clerk. the first petitioner is a qualified employee holding to his credit master degree in law from bombay university and also diploma in labour laws, the company is a limited company and it carries on business of manufacturing and distribution of various engineering, and other items ..... sent to the industrial relations department (or administrative officer assistant where there is no ird), who will screen the recommendations concerned. the industrial relations assistant shall act as ex officio secretary of the promotion committee.c. the ird will then put up the recommendations before the promotion committee consisting of three to five senior ..... complaint was that the promotion policy was not objective and it should be amended. certainly this issue would not be debated in a complaint under the act. i must therefore proceed on the footing that the company did follow the promotion policy.10. the learned trial judge found that the confidential record of .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(3)BomCR351
..... suit agreement as subsisting all these years. the defendants no. 1-firm accepted monies from the plaintiffs in part performance of the said agreement even in the year 1985. the defendant no. 1 called upon the plaintiffs to make further payments by a letter dated 18th december, 1987. prima facie, this contention raised on behalf ..... into a contract for the purposes of the company and such contract is warranted by the terms of the incorporation. similarly, section 19(e) of specific relief act, 1963 provides that specific performance of a contract may be enforced against the company when the promoters of a company have, before to incorporation, entered into a ..... binding on the corporation when it is incorporated unless the corporation adopts a contract or enters into a fresh contract. section 15(h) of the specific relief act, 1963 specifically provides that the specific performance of the contract may be obtained by the company when the promoters of the company have, before its incorporation, .....
Tag this Judgment!Court : Mumbai
Reported in : [1985]57CompCas742(Bom)
..... of the obligation. hypothecation could only prevent the official liquidator from impairing the security of the bank. subject to this limitation, the liquidator had to act. he did act accordingly. the circumstance that the bank furnished the required money and legal services cannot alter the legal position.14. section 458a is clearly intended to ..... initiate recovery proceedings and (2) that such other person may not be able to claim the benefit of extended limitation under s. 458a of the companies act.28. in our opinion, the contention is based on some misunderstanding. the section does not refer to official liquidator. the benefit of extended limitation is available ..... before the company's ultimate dissolution. the fact that this process benefits secured editors and debenture holders along with unsecured creditors and shareholders cannot make the act otherwise than in discharge of his duties, or as such liquidator.27. it was also strongly urged that such an interpretation of s. 458a will .....
Tag this Judgment!Court : Mumbai
Reported in : I(1994)ACC507; AIR1993Bom300; 1993(1)BomCR709
..... was not quantified or clarified, will not render ex. 35 any the less an acknowledgment. to quote the words of the explanation to s. 18 of the limitation act 'an acknowledgment may be sufficient though it omits to specify the exact nature of the property or right'. it will not be correct to say that there is ..... demurrage and unloading charges was within limitation? we answer this point in the affirmative and our reasons for so doing are given below. 4. section 18 of the limitation act, 1963 prescribes the effect of an acknowledgment in writing vis-a-vis liabilities for which the limitation has expired. excluding the unnecessary words, this section reads as follows :-- ..... over defendant no. 1 and hereinafter two defendants shall be referred to as a single entity by the expression 'corporation'. plaintiff is a firm registered under the partnership act and carries on business as a public carrier of goods by road. it has a branch at bombay and in july 1977 agreed to transport goods belonging to .....
Tag this Judgment!Court : Mumbai
Reported in : (1986)52CTR(Bom)338; [1986]160ITR650(Bom)
..... to clause (vi) of sub-section (2) and the written down value under clause (b) of sub-section (5) of section 10 of the said act.'8. the act referred to is the act of 1922. there is a proviso to clause 2 of the said order which is not material for our purposes.9. it was the submission of mr ..... rules was not taken away. in connection with this question, the supreme court recited the events which had led to the enactment of the madhya bharat taxes on income (validation) act, 1954, by parliament and, in setting out that historical background, the supreme court observed, inter alia, as follows (at p. 586) :'then came the constitution of india ..... that assessment year with appropriate adjustments in the succeeding assessment years. it was contended by the assessee that as the assessee had not been allowed any depreciation under the act of 1922, it was the original cost of machinery, etc., which had to be taken as basis for allowing depreciation without taking into consideration the number of years .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1986Bom15; 1986(1)BomCR33; 1985MhLJ625
..... with a prayer for possession cannot be enlarged and the suit turned also into a title suit unless it come under cl. (c) of s. 19. specific relief act 1963 as illustrated in bhagwan v. krishnaji 22 bomlr 997 : air 1920 bom 104. the plaintiffs after perfecting their title by obtaining specific performance against the executants of the ..... of suits. however, if there is a statutory restriction to the scope of the suit having regard to the provisions of ss. 15 and 19 of the specific relief act, 1963, considerations regarding the likelihood of multiplicity of proceedings cannot be brought in an would be extraneous to defining the scope of such a suit. in view of ..... hindu family are placed in a different category to joint tenants, it will have to be held that the illustration was binding. pollock and mulla in their specific relief act, 9th edition at page 866 observe as follows:-'s.19 is a counterpart of s. 15, enumerating classes of possible defendants to a specific performance suit who were .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1986Bom1
..... view is approved by the supreme court in the case of k. kamalajammanniavaru v. special land acquisition officer : [1985]2scr914 . in fact, the supreme court has held that s. 30 of the amendment act did not make the amended s. 23(2) which increased the solatium to 30 per centum applicable to all proceedings in regard to compensation which ..... , 1982 and before 24th sept. 1984 also and further to appeals to the high court and supreme court arising from such awards. the bill which ultimately became the amendment act was introduced into parliament on 30th april, 1982. parliament obviously desired to give effect to the amended s. 23(2) from the date of introduction of the bill. ..... made his award for the purposes of granting to the respondents the additional compensation they are entitled to under sub-sec.(1-a) of s. 23 of the act. thus, we hold that the respondents should be paid an additional compensation calculated at the rate of twelve per centum per annum on the compensation awarded by the .....
Tag this Judgment!Court : Mumbai
Reported in : 1989(2)BomCR570; (1989)91BOMLR1
..... government resolution dated 12th february, 1987 itself indicated that in order to implement the said resolution amendment of section 69-a of the co-operative societies act would be required. by the said resolution dated 12th february, 1987, the government purports not only to effect changes in the administrative resolutions and ..... of the secretaries, etc. employed in certain co-operative societies and deputation of the secretaries appointed by the central societies to individual co-operative societies. the act also provides for creation of the fund for meeting the expenses of payment of salaries, allowances, etc. of these encadred secretaries.13. we are, however, ..... was clearly upon the petitioners to satisfactorily establish that the secretaries of co-operative societies who have been encarded in terms of section 69-a of the act have some responsibility, confidentiality, relationship with their employers and the public etc. as those of the gram sevaks and, therefore, there was no reasonable .....
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