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 .....
Tag this Judgment!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 ..... award 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 .....
Tag this Judgment!Court : Mumbai
..... such powers, as to bringing and defending suits in the courts or filing and defending applications before the tribunal and for the realisation, management, protection, preservation and improvement of the property, the collection of the rents and profits thereof, the application and disposal of such rents and profits, and the execution of ..... of being challenged in appeals, makes a separate provision for appeal from order and appeal from decrees. accordingly, while engrafting some of these aspects into mcs act, the legislature provided for remedy of appeals to challenge both orders." "similarly, as far as recovery of monies are concerned, section 98 makes the aspect ..... right in favour of the developer and particularly to undertake re-development work. there is non compliance with the directives issued under section 79a of the act, vide government resolution dated 3rd january 2009. for all these reasons and the entire decision and resolution being illegal and under challenge by the petitioner .....
Tag this Judgment!Court : Mumbai Nagpur
..... endeavor by developing higher educational network with use of modern communication media and technologies appropriate for a learning society; (10) to promote national integration and preserve cultural heritage; (11) to develop work culture and promote dignity of labour through applied components in the syllabi; (12) to build up financial self ..... and influence of its corporate life on society in general, and in particular the objects shall be (1) to carry out its responsibility of creation, preservation, and dissemination of knowledge; (2) to promote discipline and the spirit of intellectual inquiry and to dedicate itself as a fearless academic community to the ..... also without any basis or substance. section 4 of the maharashtra universities act, 1994 sets out the objects of the university and reads as under: 4. objects of university. the objects of the university shall be to disseminate, create and preserve knowledge and understanding by teaching, research, extension and service and by .....
Tag this Judgment!Court : Mumbai Nagpur
..... human endeavor by developing higher educational network with use of modern communication media and technologies appropriate for a learning society; (10) to promote national integration and preserve cultural heritage; (11) to develop work culture and promote dignity of labour through applied components in the syllabi; (12) to build up financial self ..... and influence of its corporate life on society in general, and in particular the objects shall be (1) to carry out its responsibility of creation, preservation, and dissemination of knowledge; (2) to promote discipline and the spirit of intellectual inquiry and to dedicate itself as a fearless academic community to the ..... also without any basis or substance. section 4 of the maharashtra universities act, 1994 sets out the objects of the university and reads as under: 4. objects of university. the objects of the university shall be to disseminate, create and preserve knowledge and understanding by teaching, research, extension and service and by .....
Tag this Judgment!Court : Mumbai Goa
..... prescription. article 474 of the civil code provides as under: "possession is the retention or fruition of a thing or a right. para one - permissive acts or acts out of tolerance do not constitute possession. para 2nd - the possession continues when the retention or fruition of the thing or the right lasts or the possibilities ..... the defendants. 10. as far as the first substantial question of law is concerned, the learned counsel for the plaintiff submitted that the indian easement act, 1882 (said act) came into force in goa on 01/11/1978 whereas the cowshed of the plaintiff was existing since much prior to that and therefore the provisions ..... in the circumstance above, in my considered opinion, the absence of specific plea of irrevocability of license cannot preclude application of section 60(2) of the said act since such irrevocability is merely a consequence of law. substantial question: (b), therefore gets answered in favour of the defendants. however that does not help the defendants .....
Tag this Judgment!Court : Mumbai Goa
..... kiadb to leave a land of one kilometer as a buffer zone from the outer periphery of the village in order to maintain a ''green area'' towards preservation of land for grazing of cattle, agricultural operation, etc. the court, however, directed that in future, before acquisition of lands for development, the kiadb ..... assistance that the state government deems fit. 101} both, the learned advocate general and the assistant solicitor general, place reliance on the air craft act, 1934. the said act is an act to make better provision for the control of the manufacture, possession, use, operation, sale, import and export of aircraft. in section 2, ..... from claiming compensation for the acquisition of their lands and even objecting to the compensation offered by taking recourse to section 18 of the land acquisition act. equally, on instructions the learned advocate general makes a statement that the state government will provide employment opportunities to the petitioners and the affected occupants .....
Tag this Judgment!Court : Mumbai
..... urged that sub- section (1) deals with judicial independence, whereas sub- section (2) deals with judicial accountability and, therefore, the high court while acting under its writ jurisdiction under article 226 of the constitution of indian and under inherent jurisdiction under section 482 of the criminal procedure code was not competent to quash ..... of the material collected during investigation. it was also contended that the authorities passing orders under section 7a of the employees' provident funds and miscellaneous provisions act, 1952 are not judges and in support of the said submission reliance was placed on the following judgments:- (1) brajanandan sinha vs. jyoti narayan ..... and purchasers of certain immovable properties which were sold/purchased under five different sale deeds and these sale deeds were registered under the indian registration act at the office of sub-registrar, ujjain. the said sale deeds were referred to the collector, stamps for determination of the market value .....
Tag this Judgment!Court : Mumbai
..... proposals for designation of sites for service industries, industrial estates and any other development on an extensive scale;(h) preservation, conservation and development of areas of natural scenery and landscape;(i) preservation of features, structures or places of historical, natural, architectural and scientific interest and educational value and of heritage buildings ..... permitted to implement the existing development plan or draft development plan made under the provisions of the said act of 1966, the same will completely defeat the provisions of the constitution of india. he submitted that the impugned notification of acquisition was issued ..... area was constituted and only the draft development plan or the development plan prepared by the metropolitan planning committee in accordance with the said act of 1999 will prevail. he submitted that if after constitution of metropolitan area, the town planning authority or the special planning authority is .....
Tag this Judgment!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 .....
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