Court : Mumbai
Reported in : (1986)IILLJ31Bom
..... union v. national seeds corporation, in reported : (1973)illj254del where a writ of mandamus was sought for non-compliance of s. 9a of the industrial disputes act. the division bench declined to grant relief holding that there is no statutory obligation on a private employer like a company to follow s. 9a and the alleged violation ..... issued to such society. the madhya pradesh high court felt that as the co-operative society is registered under the provisions of the madhya pradesh co-operative societies act, normally such societies will not be amenable to writ jurisdiction. it was further observed that in cases where according to the provisions of the statute or rules ..... maintainability of the petition submitting that the writ of mandamus cannot be issued against respondent no. 2 which is a private company incorporated under the indian companies act. as the preliminary objection raised by shri srikrishna goes to the root of the matter, i heard the counsel at great length and i find that the .....
Tag this Judgment!Court : Mumbai
Reported in : [1989]66CompCas241(Bom)
..... that the documents tendered on behalf of defendant no. 4 were fraudulent, that would not necessarily lead to the conclusion that swiss bank was not entitled to act on these documents and accept the bill of exchange unless it is further established that swiss bank had knowledge that defendant no. 4 was guilty of fraud and ..... to pay a huge amount, instituted suit no. 807 of 1986 on the original side of this court on march 20, 1986 claiming a declaration that canara bank acted negligently in the matter relating to opening of letter of credit and examination of documents and, therefore, are not entitled to claim or recover any amount from the ..... required to be negotiated before october 21, 1985. a plain reading of the conditions of the letter of credit indicates that the act of presentation and the act of negotiation are two separate and distinct acts and it is not possible to confuse the expression 'presentation' with 'negotiation'. the documents were required to be presented for negotiation and .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(2)BomCR61
..... 8 of the family courts act, 1984. i hold that this court has the jurisdiction to entertain and try the suit and the preliminary issue is accordingly answered.9. mr. vashi, then ..... provision of law and the decisions, the jurisdiction of this court on its original side is not ousted of any of the provisions contained in the family courts act, 1984 and this court shall continue to exercise the jurisdiction vested in it under the letters patent and all other laws, notwithstanding the provisions sections 7 and ..... plaintiffs. mr. vashi, the learned counsel appearing for the defendant, has submitted that the suit being for recovery of maintenance, under the provisions of the family courts act, 1984, this court has no jurisdiction. mr. vashi has further submitted that the issue pertaining to the jurisdiction of this court has to be tried as a preliminary .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(2)BomCR436
H.W. Dhabe, J.1. Since we have heard the learned Counsel for the appellants at length, we admit this appeal and dispose it off on merits. Since the grievance of the appellants was that because of lack of communication to the advocate at Nagpur, the appellants remained unrepresented when the writ petition was heard and decided on 7-2-1989, without referring to the judgement of the learned Single Judge, in view of the submissions made on behalf of the appellants, we have gone through the entire evidence in the instant case. It is only thereafter that on the contention being raised that there was no error apparent on the face of the record in the judgment of the learned Rent Control Appellate Authority, either original or in review, that we have perused the judgment of the learned Single Judge to consider the contention raised on behalf of the appellants, whether it was open to the learned Single Judge to interfere with the orders of the above authority in his jurisdiction under Article 2...
Tag this Judgment!Court : Mumbai
Reported in : II(1992)DMC623
..... court has the jurisdiction to entertain andtry the suit and the preliminary issue is accordingly answered.8. mr vashi, then submitted that section 13 of the said act does notprovide for awarding of interim maintenance pending decision on the claim tomaintenance in contest in the suit. in the submission of mr. vashi, this courthas no ..... provisions of law and the decisions,the jurisdiction of this court on its original side is not ousted of any of theprovisions contained in the family courts act, 1984 and this court shallcontinue to exercise the jurisdiction vested in it under the letters patent andall others laws, notwithstanding the provisions of sections 7 and ..... suit or proceeding in relation to the guardianship of the personor the custody of, or access to, any minor.(2) subject to the other provisions of this act, a family court shallalso have and exercise:(a) the jurisdiction exercisable by a magistrate of the first classunder chapter ix (relating to order for maintenance of wife, .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)ALLMR1054; 2004(2)BomCR352; 2003(3)MhLj979
..... of maintainability of the suit at amravati could be decided without taking into consideration the question of transfer of property in the goods under the sale of goods act and lastly, (4) whether the trial court could dismiss the suit on the ground that it had no territorial jurisdiction to decide the suit though a ..... be returned to the plaintiff for presentation to the proper court. it was further contended that the suit firm was not registered under the provisions of indian partnership act and, therefore, the suit was not maintainable. they further denied that they had placed any order with the plaintiff on telephone in the month of october 1981 ..... division, amravati, who had dismissed the suit with costs. 2. brief facts are as follows : the plaintiff is a registered partnership firm duly registered under the partnership act and was carrying on business of manufacturing kumkum, gulal, lobhan etc. and was having its place of business at amravati. in the month of october 1981, the defendants .....
Tag this Judgment!Court : Mumbai
Reported in : [1990]78STC311(Bom)
..... although in the judgment delivered in khosla & co. (p.) ltd.'s case : [1966]3scr352 , there was no categorical statement to the effect that messrs. khosla & co. had acted as agents and not as principals, in some of the subsequent supreme court decisions, the decision in khosla & co. (p.) ltd.'s case : [1966]3scr352 , was distinguished on ..... according to shri jetly, was the majority decision in the case of coffee board v. joint commercial tax officer : [1970]3scr147 . under section 5 of the central sales tax act (as the said provisions stood then), according to the majority view, the phrase 'sale in the course of export' comprises three essentials : (i) there must be a sale ..... 's case : [1970]3scr147 , from the view expressed by hidayatullah, c.j. thereafter the legislature inserted subsection (3) in section 5 of the central sales tax act to extend the expression 'sale in the course of export' to the last sale or purchase which took place after, and was for the purpose of complying with, the .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(2)BomCR169
..... that transplanting the meaning accorded to 'private forest' from kerala law reforms act to kerala vesting act was not proper. in its observations the court emphasised that not ..... private forest (vesting and assignment) act (1971) and the other the kerala law reforms act, 1964 and the question which arose was regarding the meaning of the words 'private forest'. the land involved were all forests as defined in madras preservation of private forests act, 1949. the court then held ..... 'bulk drug' means any substance including pharmaceutical, chemical, biological of plant product of medicinal gas conforming to pharmacopoeial or other standards accepted under the drugs and cosmetics act, 1940 (23 of 1940), which is used as such, or as an ingredient in any formulation. (b) ....................................... (c) ....................................... (d) 'drug' includes .....
Tag this Judgment!Court : Mumbai
Reported in : [1979(38)FLR179]; (1979)IILLJ24Bom; 1979MhLJ420
..... permit such exercise in futility. 12. fifthly, and more importantly, legislature, in its wisdom has already prescribed limitation of three months under s. 79(3) of the act for such application. the same is merely extended under the explanation to s. 78 by such period as would be strictly necessary to arrive at the agreement, on approach ..... ). in the miscellaneous petition by the employee against this order of the labour court, the learned judge did hold that proviso to s. 42(4) of the act contemplates prescribing limitation only for the period, within which the agreement between the employer and employee should be arrived at, after approach by the latter and not for ..... in its entirety is ultra vires. the employee in that case had first approached the labour court without complying with the proviso to s. 42(4) of the act. he, however, withdrew the said application and filed a fresh one after approaching the employer and securing his written refusal to cancel the impugned order. employer's .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(2)BomCR551
..... this constitution shall continue in force therein until altered or repealed or amended by a competent legislature or other competent authority. quite clearly the bihar act is a pre-constitution act and it could have continued to be in force only till it was altered, repealed or amended by a competent legislature or other competent authority ..... similarly, the special provisions made in sub-section (3) will apply to such a suit and consequently no appeal will lie against an order passed under the act. the legislature intended to create a special jurisdiction in a court for providing a quicker and summary remedy for a person who has been dispossessed recently within ..... appeal is not maintainable. on the other hand, the learned counsel for the appellant contended that having regard to the provisions of the bombay city civil court act, an appeal lies against every decree passed by the city civil court.the short point for consideration is whether the present appeal against an order under section .....
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