Court : Mumbai Nagpur
..... guarantee is given is called the 'principal debtor', and the person to whom the guarantee is given is called the 'creditor'. 20) section 31 of the indian contract act, 1872, defines the contingent contract and the same is reproduced below chapter iii : of contingent contracts "section 31. "contingent contract" defined.- a "contingent contract" ..... eventualities mentioned in the deed of guarantee. 19) in the context of the aforesaid position of law laid down by the apex court, section 126 of the indian contract act, 1872, regarding contract of guarantee needs to be seen. the said provision of section 126 is, therefore, reproduced below-- section 126. 'contract of guarantee', 'surety', ..... communication dated 17.2.2011 is not a valid demand. further, the relief of injunction is claimed, restraining the defendants from invoking the bank guarantees and acting upon the communication dated 17.2.2011. an application (exh.5) was also filed for grant of temporary injunction under order 39 rule 1 and 2 .....
Tag this Judgment!Court : Mumbai Nagpur
..... arises in the office of the vice chancellor temporarily because of leave, illness or other causes, normally a pro-vice chancellor is appointed to act as an acting vice chancellor. however, the eligibility criteria for appointment of the vice chancellor and the pro-vice chancellor are totally different. it is, therefore, ..... to bring about better living, better business and better methods of production". the objectives are clear; the guidelines are there. there are numerous provisions of the act dealing with registration of societies, rights and liabilities of members, duties of registered societies, privileges of registered societies, property and funds of registered societies, inquiry ..... chancellor, the honble chancellor is required to follow the procedure prescribed under sub-sections 1 to 4. however, while making an appointment of the acting vice chancellor, he need not follow that procedure. it is submitted that this is the only difference. the learned amicus further submits that the .....
Tag this Judgment!Court : Mumbai Nagpur
..... when the judicial officers of the rank of district judge presides over as joint charity commissioner. it has given rise to conundrum. under the maharashtra cooperative societies act, 1960, all types of disputes are to be decided by cooperative court, appeal/revision by cooperative appellate court. in fact, no disputes are now required to ..... of the trust for alleged misconduct. it is noteworthy that 'court' under section 2 (4) means only 'district court' for the purposes of the act. the legislature does not appear to have desired that all and sundry disputes about personal rights or legal injury should compulsorily be placed with the jurisdiction of ..... such trusts are properly administered public interest will suffer. therefore, matters affecting administration of such trusts are covered under section 50 of the bombay public trusts act. this situation is somewhat similar to suits under section 92 of the code of civil procedure. these suits are suits in representative capacity and pertain to .....
Tag this Judgment!Court : Mumbai Nagpur
..... getting any opportunity to get such a decree set aside on legally permissible grounds. consequently, it may be held that once the petition under section 13 of the hindu marriage act results into any decree of divorce either ex parte or bipartite then the concerned aggrieved spouse who suffers from such pernicious legal effects can legitimately try to get them reversed ..... exercise, all other legal heirs of deceased spouse who are interested in getting such a decree maintained can be joined as necessary parties. section 13(1) of the hindu marriage act can obviously come in the way of such proceedings being maintained against the legal heirs of the decree- holder spouse. in a decree of divorce on these grounds whether ex .....
Tag this Judgment!Court : Mumbai Nagpur
..... 2011 passed by the sub divisional magistrate, morshi, district amravati, who, in exercise of the power under section 56 (a) and (b) of the bombay police act , 1951 ordered externment of the petitioner for the period of two years from the district on the ground that the petitioner is indulging in various types of cases and due to ..... 4. on 07/12/2010, the sub divisional police officer was directed by the sub-divisional magistrate, morshi to conduct inquiry under section 59 of the bombay police act, 1951 and to submit report within 7 days. on the same day, a show cause notice was issued to the petitioner by the sdm morshi stating therein that the ..... and therefore, deserves to be set aside. the petitioner was also arbitrarily restricted to bring only two witnesses during an inquiry under section 59 of the bombay police act. the sub-divisional magistrate failed to note that many allegations made by the sub-divisional police officer were not substantiated by any evidence. 11. the learned app .....
Tag this Judgment!Court : Mumbai Nagpur
..... there has been prejudice on merits. ....."it was held further that mere change of forum is not prejudice within the meaning of section 11 of the suits valuation act. legal position is thus clear that unless consequent failure of justice has occasioned, no objection as to jurisdiction both territorial and pecuniary can be entertained in appeal or ..... court ) and the appeal was allowed to be decided on merits. it cannot be said that appellant was not aware of section 26 of the bombay civil courts act when appeal was heard. therefore, therefore, question of jurisdiction cannot be allowed to be raised at the belated stage of second appeal. plea not taken up in the ..... years and submitted that the court has no jurisdiction to entertain and try the suit.4. the trial court held that the plaintiff sustained loss due to illegal act on the part of defendants and the plaintiff is entitled to damages and compensation/money decree, and decreed the suit by directing the defendants to jointly and severally .....
Tag this Judgment!Court : Mumbai Nagpur
..... complete owners and they cannot seek eviction decree against wamanrao.6. the learned counsel for wamanrao invites attention to provisions of section 16(2) of the rent act to urge that even if bonafide need is established, the norm of comparative hardship is required to be independently applied, feasibility of eviction from part of tenanted ..... mind. the perusal of earlier judgment of learned single judge of this court in the case of yogesh dattaram vs. shrikrishna shriram,(supra) on bombay rent act, shows that there the tenant was not financially in a position to afford the other accommodation. consideration in para 12 shows that the petitioner there had pleaded ..... before this court that when suit was filed, the proceedings before rent controller were actually pending. the provisions of section 58(2) of the rent act show that the proceedings already filed and being prosecuted before rent control authorities under the provisions of rent control order can be continued further and are required .....
Tag this Judgment!Court : Mumbai Nagpur
..... the emergency. the application of mind, therefore, cannot be said to be either erroneous or perverse. the provisions of section 32(4) of the maharashtra universities act, 1994, were also pointed out to the hon'ble chancellor. petitioner before this court is not complaining of any procedural violations.15. looking to the finality ..... made final. both these provisions therefore indicate the important position assigned to the hon. chancellor by the legislature in the working of the universities under the act.14. the perusal of impugned order dated 30.04.2009 shows that it makes reference to two petitions dated 20th and 21st november 2006 questioning purported emergency ..... any resolution, order or proceeding of any authority, body, committee or office or officer, which in the opinion of the chancellor is not in conformity with the act, statutes, ordinances and regulations made there under or then is not in the interest of university and the university authority, body, committee, etc. has to comply .....
Tag this Judgment!Court : Mumbai Nagpur
..... before it were for awarding decree for divorce by annulling marriage of parties by waiving statutory period of six months provided under section 13-b (2) of the hindu marriage act 1955. the observations in paragraph 22 show that when petitioner's counsel was not able to raise any factual or legal challenge, the court cannot allow petition on such challenge .....
Tag this Judgment!Court : Mumbai Nagpur
..... . the orissa estates abolition collector (tahsildar) is the primary authority, while the additional district magistrate is the appellate authority under said enactment namely - orissa estates abolition act, 1951. the member, board of revenue is the revisional authority. 13. division bench of this court in association of engineering workers .vrs. indian smelting and refinery co. ..... error or perversity. the fact that the present appellant is already in appeal before the district and sessions court as per section 34 of the 1999 act, itself shows futility of argument of deprivation of appellate remedy. the appellant did not raise defence of sufficiency of partial eviction or otherwise before the ..... not considered whether partial eviction of tenant from premises would meet the needs of respondent / landlord. this requirement of section 16[2] of the 1999 act, is found to be not satisfied, hence the matter came to be remanded to the appellate court for recording additional evidence, if any, and to .....
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