Court : Mumbai
..... yearswhen the right to apply accrues 31. learned single judge of this court in case of rameshnivrutti bhagwat (supra) has held that article 137 of the limitation act would be attracted to the petition for revocation of letters of administration. paragraph 9 of the said judgment reads thus : 9. the letters of administration were ..... of probate. reference to article 137 and some of the judgments relied upon by mr menezes would be relevant. article 137 of schedule-i of limitation act reads thus :description of applicationperiod of limitationtime from which period begins to runart.137 any other application for which no period of limitation is provided elsewhere in ..... the rejoinder with the alleged signature on consent affidavit. learned counsel submits that though notice to next-of-kin is mandatory under the provisions of indian succession act and high court rules, no such notice came to be issued to the petitioners. no citation has been served upon the petitioners. petitioners did not sign .....
Tag this Judgment!Court : Mumbai
..... the central government is not to usurp, but only to usefully supplement and add value to the law enforcement duties with local limitations hitherto within the sole preserve of the individual state governments. this is because the union executive alone bears the ultimate responsibility for the protection of the sovereignty of india and is ..... through the superintendent of police, nia, new delhi in which some preliminary objections have been raised. however, on the main issue the stand is that the continuous preservation and promotion of national security is the first and final sovereign function of a country. if it fails in providing this, then, it remains a country no ..... the technical rules of evidence. "it is only by establishing the truth that the purity and integrity of public life can be preserved" and that is the object which the commissions of inquiry act seeks to achieve. 187. the first question which one must tackle is whether parliament has the legislative competence to enact the .....
Tag this Judgment!Court : Mumbai
..... is concerned with jurisdiction and jurisdiction alone involving a refusal to exercise jurisdiction where one exists or an assumption of jurisdiction where none exists, and lastly acting with illegality or material irregularity. it has been held that where there is no question of jurisdiction in this manner the decision cannot be corrected, for ..... subordinate court - (a) has exercised jurisdiction not vested in it by law, or (b) has failed to exercise jurisdiction so vested, or (c) has acted in exercise of its jurisdiction illegally or with material irregularity. iv) the 'exercise of jurisdiction illegally' means breach of the provision of law and with material irregularity ..... that court, cannot be corrected by the high court under s. 115. (11) the history of recent legislation in india shows that when legislatures pass acts dealing with socio-economic matters, or make provisions for the levy of sales tax, it is realized that the operative provisions of such legislation present difficult .....
Tag this Judgment!Court : Mumbai Nagpur
..... the jurisdiction, the said two provisions need to be looked at in their proper perspective. the said two provisions namely, section 41 of the bombay reorganisation act, 1960 (act no.11 of 1960) and the provisions of chapter xxxi of the bombay high court appellate side rules, 1960 are designed to meet administrative requirements, and administrative ..... arisen in bombay the writ jurisdiction of the high court bench at nagpur stands abridged by reason of the provisions of section 41 of the bombay reorganisation act, 1960 (act. no.11 of 1960) read with the provisions of chapter xxxi of the bombay high court appellate side rules, 1960, we do not see how ..... matrimonial house of the husband. it is also not in dispute that she has filed proceedings for maintenance and the proceedings under the provisions of the domestic violence act, in the courts at nagpur against the respondent-husband. the respondent-husband has filed matrimonial proceedings seeking a decree of nullity of marriage in the court at .....
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..... mentioned therein can be taken against movable property. clause (b) provides for securing the amount in dispute in arbitration. clause (c) provides for detention, preservation or inspection of any property or thing which is the subject matter of dispute in arbitration or as to which any question may arise therein or authorising for ..... court was dealing with the foreign award which falls in part-ii of the said act. the apex court was not considering the scope and purport of section 9 which deals with the interim measures in respect of protection and preservation of the subject matter of dispute in arbitration before or during the arbitral proceedings. ..... this judgment, therefore, cannot be made applicable to the facts and circumstances of the present case. 21. the division bench of this court in girishmulchand (supra) considered the scope and purport of section 9 of the said act. .....
Tag this Judgment!Court : Mumbai
..... of the second respondent, namely, caretaker's agreement which appears to us to be a facade to wriggle out of the provisions of the rent act. the rent act is no doubt enacted for protecting the tenants, and indisputably its provisions must receive such interpretation as to advance the protection and thwart the action of ..... of the pari passu charge holder being represented by the official liquidator would necessarily bring in the supervision of the company court as the official liquidator cannot act without directions from and the supervision of the company court. the realisation of the security can only be done by both charge holders joining and realising ..... learned senior counsel that even mr prabhakar barbole also succeeded in various proceedings filed before the authorities under the provisions of the bombay tenancy and agricultural lands act. writ petitions filed by mr prabhakar barbole are admitted by this court which are admitted. it is submitted that sale in favour of prabhakar barbole .....
Tag this Judgment!Court : Mumbai
..... to check the plinth and grant further commencement certificate. 13. on 16th july 2011, a notice under 354(a) of the mumbai municipal corporation act (mmc act) was issued to the respondent no.5 by the corporation. the schedule to notice specified in the notice was issued for misrepresentation while submitting the ..... depots, water jetties and existing govt. / semi govt. and corporation offices, tourist places identified by tourism department, important religious places of worship (registered under charity act), etc having inadequate public parking facilities50%a) island city = 4.00b) suburb and = 3.00extended suburbs independent as well as composite buildings for public parking.2remaining ..... permission shall have due regard to the provisions of any draft or final plan or proposals published by means of notice submitted or sanctioned under this act. 44. application for permission for development:- (1) except as otherwise provided by rules made in this behalf, any person not being central or .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Mumbai
..... gratitude by killing a member of the community which protects the murderer himself from being killed, or when the community feels that for the sake of self preservation the killer has to be killed, the community may well withdraw the protection by sanctioning the death penalty. but the community will not do so in every ..... dy. commissioner of police, of which the material part runs as under: "therefore, i hereby order and authorise u/s 5(2) of the indian telegraph act, 1885 that all telephonic communication to and from the mtnl landline numbers 27821806, 27820942 can be observed on interception office landline number 27560261. orange mobile no.9820350372 ..... and chit being found at the said place. similarly, considering the evidence of panch witnesses and panchanama exh.58, we find that section 27 of the evidence act has no application for said seizure panchanama effected regarding the article found in the said temple and as such the submissions canvassed by the learned counsel are thoroughly .....
Tag this Judgment!Court : Mumbai Nagpur
..... state of maharashtra, (supra), the learned single judge of this court has considered similar provision regarding consultation appearing in section 78 of maharashtra cooperative societies act. in para 13, the learned single judge has held that consultation is not a mere formality but has to be meaningful consultation. all material relevant ..... committees. section 39k is a power to make regulations with previous approval of state government. under subsection (1) regulations have to be consistent with 1963 act or 1967 rules and for the purposes of administration of its affairs. subsection (2) is a provision which without prejudice to generality of subsection (1 ..... amravati, a.p.m.c. by district deputy registrar, cooperative societies, amravati, an opinion that if the board of directors have violated provisions of 1963 act, 1967 rules or then byelaws, district deputy registrar, cooperative societies is permitted to take appropriate decision about the same should be approved. (emphasis added). thus .....
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