Judgment Search Results Home > Cases Phrase: preservation of trees act 1976 chapter 1 preliminary Court: mumbai Page 13 of about 413 results (0.364 seconds)

Hindustan Unilever Limited Vs. Member, Industrial Court and ors.

Court : Mumbai

..... lithography, photogravure or other similar process or book binding; or (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or (vi) preserving or storing any article in cold storage." the manufacturing process includes various activities of production and, therefore, the term "industrial establishment" under section 25k(1) read ..... being paid of legal dues, including the compensation, as provided for under section 25-fff read with section 25f of the industrial disputes act, 1947 ("id act" for short). 10. this notice dated 5-1-2001 was the subject-matter of challenge before the industrial court at nagpur by the ..... functional integrality, interdependence, etc., and, therefore, the same exercise is applicable for the purposes of determining the applicability of the industrial employment (standing orders) act and the model standing orders framed thereunder, is rejected, and it is held that clause 8(3) of the model standing orders was not applicable in .....

John Francis Anthony Gonsalves of Mumbai Indian Christian and Another ...

Court : Mumbai

..... this decision a question arose as to whether, before ordering eviction of an allottee from the municipal premises under section 105-b of the bombay municipal corporation act, it was incumbent on the municipal corporation to issue notice in writing to all the persons residing with the allottee. the learned single judge considered the provisions ..... ors. vs. manhabalajeram damodar and anr., agreed with the reasoning of the full bench. 36 the apex court held that the definition of 'licensee' under the act will include a gratuitous licensee. the apex court emphasised that all suits relating to licencee should be under one umbrella to avoid multiplicity of proceedings, and held ..... the principle noscitur a sociis demands that words must take colour from words with which they are associated. reading of section 41 of the presidency small cause courts act. 1882 shows that it is equally applicable to proceedings between "a licensor and a licensee" or "a landlord and a tenant" relating to the recovery of .....

Century Textiles and Industries Ltd. Vs. Nusli Neville Wadia, of Mumba ...

Court : Mumbai

..... to recovery of possession and license fee vests exclusively with small causes court under one umbrella under section 41(1) of the presidency small causes court act, jurisdiction of the civil court is expressly barred. even otherwise since jurisdiction to try such cases vests in a particular court having special jurisdiction, jurisdiction ..... legislature had considered it appropriate to monitor the working of the newly inserted chapter vii before similar amendments were made to the provincial small cause courts act, 1887 which operate outside greater mumbai. the experience in regard to chapter vii was found to be satisfactory by the legislature and the amendments of ..... while considering that question, the division bench has also considered the jurisdiction of the small causes court under section 41 of the presidency small cause courts act.? 22. mr. dada, learned senior counsel appearing for the defendant submits that this court has no jurisdiction to try this originating summons as it raises .....

Ashok Dattatraya Kulkarni and Others Vs. The State of Maharashtra and ...

Court : Mumbai

..... the amendments to the plaint and to submit that important triable issues arise there-from. the suit is comprehensive and until its trial, the protection and preservation of the suit property becomes necessary. mr. samdani has urged and with all vehemence at his command that the whole purpose of the contesting parties ..... k-west ward, the plaintiff no. 1 filed application no. 22 of 2012 before the divisional joint registrar, cooperative societies under section 21a of the said act for deregistration of defendant no. 5 and challenged the grant of impugned registration certificate dated 28th february, 2012 issued by the deputy registrar, cooperative societies, k ..... defendant no. 2 is maharashtra housing and area development authority ('mhada' for short) and which is an authority constituted under the maharashtra housing and area development act, 1976. the original defendant no. 3 is the collector of mumbai suburban district. the original defendant no. 4 is a partnership firm registered under the .....

Enercon (India) Ltd. and Others Vs. Enercon Gmbh and Another

Court : Mumbai

..... have powers to award and/or enforce specific performance. the award of the arbitrators shall be final and binding on the parties. in order to preserve its rights and remedies, either party may seek preliminary injunctive relief or other temporary relief from any court of competent jurisdiction or from the arbitration tribunal ..... makes it clear that the matter in dispute shall be referred to and finally resolved by arbitration in accordance with the provisions of the arbitration and conciliation act, 1996 (or any statutory modification, enactment or amendment thereof) and the venue of arbitration shall be hong kong. this interpretation does not render any ..... costs and reasonable expenses (including reasonable fees of counsel) to the parties that substantially prevail on merit. the provisions of the indian arbitration and conciliation act, 1996 shall apply as can be seen that after providing for award costs and reasonable expenses (including reasonable fees of counsel) to the parties that .....

Nitesh Prataprai Kothari Vs. John Braganza and Others

Court : Mumbai

..... change in the statutory provisions of limitation in respect of suits for possession based on title. the court noticed that the relevant provisions of the old limitation act (limitation act, 1908), namely, articles 142 and 144, required the plaintiff not only to prove his title but also to prove his possession within 12 years preceding the ..... date of institution of the suit. the court noticed the change in the legal position effected by articles 64 and 65 of the limitation act, 1963, under which once the plaintiff proves his title, the burden shifts to the defendant to establish acquisition of title by adverse possession. this proposition was ..... exercised his ownership rights in respect of the land inter alia by filing an application for exemption under section 20 of the urban land (ceiling and regulation) act, 1976 as also converting the same from agricultural to non-agricultural use by n.a. orders. prataprai also obtained municipal sanction to the building plans for .....

Siddhivinayak Realties Pvt. Ltd. Vs. V. Hotels Limited and Others

Court : Mumbai

..... reported in 1987 (supp) scc 340 and in particular paragraph 14 of the said judgment which reads thus:- 14. section 20 of the specific relief act, 1963 preserves judicial discretion to courts as to decreeing specific performance. the court should meticulously consider all facts and circumstances of the case. the court is not bound ..... v. nedumbara kuruvila's son, this court cautioned and observed as under: (scc p. 345, para 14) 14. section 20 of the specific relief act, 1963 preserves judicial discretion to courts as to decreeing specific performance. the court should meticulously consider all facts and circumstances of the case. the court is not bound to ..... part of contract and even assuming that the defendant was not entirely vigilant in protecting their rights in the proceedings before the competent authority under the 1976 act, the same by itself would not mean that a decree for specific performance of contract would automatically be granted. while considering the question as to whether .....

Gyanchand Verma Vs. Sudhakar B. Pujari and ors.

Court : Mumbai

..... those absolute personal rights equal in dignity and importance to security from violence. according to chancellor kent, "as a part of the rights of personal security, the preservation of every person's good name from the vile arts of detraction is justly included. the laws of the ancients, no less than those of modern nations, made ..... manner to connect every link in the chain of prosecution case while collecting the complete evidence except to the extent expressly prohibited by the code or the evidence act or the constitution of india. in view of the arduous task involved in the investigation, the investigating officer has been given full liberty to collect the ..... section 164 of the code or to conduct identification parade of the accused or the articles of crime or recording dying declaration under section 32 of evidence act.15. the focal point of discussion from the above backdrop is as to whether the charge sheets including supplementary police reports are vitiated by the alleged mala .....

Anil (Vidyarthi) and Another Vs. State of Maharashtra Represented by t ...

Court : Mumbai

..... to question the election, then, to make a distinction as is sought between election and nomination would run counter to the object and purpose of the act. the act envisages a municipal corporation comprising of both, the elected and the nominated councillors. if that is how the corporation is understood as a body or a ..... in this part, any provision of any law relating to municipalities in force in a state immediately before the commencement of the constitution (seventy-fourth amendment) act, 1992, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent ..... considering the recommendations of the municipal commissioner. 6. it is in these circumstances that after registering their protest and seeking information under the right to information act, 2005 that the petitioner challenged the nominations on various grounds set out in the petition. 7. the prayer in the petition is to call for the .....

Baburao Vishwanath Mathpati and Etc. Vs. State of Maharashtra and Othe ...

Court : Mumbai

Reported in : AIR1996Bom227; 1996(3)BomCR15; (1996)98BOMLR384

..... supersession of the municipal council by appointing an administrator. there the word 'misconduct' has been interpreted to mean 'gross misconduct'. section 55a of the act no doubt confers power on the state government to remove the president on account of 'misconduct, neglect of duties, incapacity to perform duties and disgraceful ..... collector, the divisional commissioner and the regional director or municipal administration as well as the resident deputy collector are the authorities under the maharashtra municipalities act to make the reports to the state government as regards the state of affairs prevailing in the concerned municipal council against whom inquiry is directed ..... belonging to the congress i despite the fact that the collectors of the respective districts had recommended to initiate proceedings under section 55a of the act against them.therefore, it is submitted that the action under section 55a against the petitioner was politically motivated and the impugned order was passed .....