Judgment Search Results Home > Cases Phrase: rajghat samadhi act 1951 preamble 1 rajghat samadhi act 1951 Court: mumbai Page 11 of about 13,256 results (0.502 seconds)

Mancherji Hormusji Vs. Thakordas Hurkisondas

Court : Mumbai

Reported in : (1906)8BOMLR963

..... are proceedings under a decree for sale and therefore payment by instalments can be decreed.12. as regards limitation the point does not arise, as the dekkhan agriculturists' relief act was not applied to surat till the 15th august 1905, and the present application was made within one month after that date.13. the result is that the decree ..... must be reversed and the case remanded for decision on the merits. costs will abide the result.beaman, j.14. i concur.15. i am of opinion that act xvii of 1879 was intended to afford the amplest protection to those classes within its scope. possibly for that reason, section 15b has been advisedly framed somewhat loosely, and ..... with a want of technical precision. but reading the section as a whole, and in the light of what i believe to have been the policy underlying the act throughout its history, i cannot seriously doubt that in all the cases mentioned in the section, the intention of the legislature was to afford the debtor a locuspachitentice up .....

Narendra Keshrichand Fuladi and Another Vs. State of Maharashtra

Court : Mumbai

Reported in : (1985)IILLJ24Bom; 1985MhLJ1

..... we say nothing in this judgment about the other categories included within the definition of 'commercial establishment' under s. 2(4) of the shops act by the amending act, viz., the maharashtra act no. lxiv of 1977, as the arguments and submissions in these special civil applications were confined only to the establishment of a legal practitioner, ..... made by the kerala high court in sasidharan v. peter and karunakaran 1978 lab. i.c. 1614.14. that brings us to the challenge that amendment act (maharashtra act lxiv of 1977), in so far as it includes the establishment of a legal practitioner in the category of 'commercial establishment', violates art. 14 of the ..... 26 of that list which deal with legal, medical and other professions, and there could not be any repugnancy between the provisions of the shops act and the advocates act, as the amending act lxiv of 1977, after being passed by the state legislature, received the president's assent on the 29th november, 1977 and would, therefore, .....

Krishna Kashinath Patil Vs. S. Mohandas Kamath

Court : Mumbai

Reported in : 2002(1)ALLMR353; 2002(2)MhLj924

..... amount by initiating execution proceeding. the defendant had agreed to hand over vacant possession of the suit premises to the plaintiff after expiry of 15 years.compromise acted upon.8. in pursuance of the aforesaid compromise decree, the original plaintiff/decree holder/present petitioner was paid rs. 1,000/- and in turn he had ..... petitioner found it difficult to meet the legal contentions raised by the learned counsel for the respondent. consequently, shri m.s. karnik, advocate, was requested to act as amicus curie. he was requested to argue this petition on behalf of the petitioner.13. shri karnik, learned counsel appearing for the petitioner contended that the ..... the mode provided in two different clauses is understandable because a tenant who may otherwise be liable to ejectment, may be protected by provisions of the rent act. assuming that tenancy of the respondent has come to an end, the respondent cannot be evicted from the suit premises in his possession without taking appropriate .....

Neena Sudarshan Wadia (Smt.) Vs. Venus Enterprises

Court : Mumbai

Reported in : 1984(2)BomCR505

..... sold to intending purchasers on ownership basis. in order to prevent such malpractices, which were increasingly being practised, according to the legislature, the ownership flats act was made to regulate the activities of promotion of the construction of, the sale and management and transfer of flats taken on ownership basis. while ..... in respect of their respective flats. unless such agreements are duly registered the flat owners cannot avail of section 7. according to shri sawant, the act presents a composite scheme and section 7 is not an independent right. shri pandey, learned counsel appearing for the respondents-plaintiff in the second matter, ..... the plaintiff. he contended for sale envisaged under section 4 in respect of the flat purchased by the plaintiff and its registration under the indian registration act, 1908, as mentioned section 4 does not debar the plaintiff from preventing the defendant promoters from contravening the provisions of section 7, by constructing additional .....

Prahladrai Dalmia Lions College of Commerce and Economics and ors. Vs. ...

Court : Mumbai

Reported in : 1988(3)BomCR564

..... proceedings before of enquiry officer when the evidence of one of them was being recorded. shri jhunjhunwala and shri r.j. shah acted as prosecutors throughout the proceedings and also cross-examined the witnesses of the employee. the employee vide his application dated 5th august, 1982 (exh. b.) ..... three persons viz. mr. banwarilal jhunjhunwala, mr. rajan j. shah (chairman of the governing council) and mrs. p.s. baleri, principal of the college acted as prosecutors, witnesses and also judges. according to the learned counsel these three persons were the star witnesses on behalf of the employers. they were present throughout the ..... incorrect reporting about the other professors;(iii) failure to attend morning classes regularly at 6.30 a.m.(iv) disobeying instruction of superiors and indulging in acts of insubordination;(v) writing undecorous and defamatory letters to the principal.7. at this stage it may be stated that the charges contained in the charge sheet .....

Central Warehousing Corporation (a Govt. of India Undertaking) Vs. For ...

Court : Mumbai

Reported in : 2010(1)MhLj658

..... behind the maharashtra amendment to section 41 can be discerned from the statement of objects and reasons while introducing the amendment which culminated with the maharashtra amending act xix of 1976. the same reads thus:statement of objects and reasonsat present, in greater bombay, all suits and proceedings between a landlord and tenant ..... in the special court to entertain, try and decide specified disputes between licensors and licensees. such provision cannot be affected by the special provisions of arbitration act which is general in nature concerning resolution of disputes. it is submitted that the fact that the arbitration law is a general law, is evidenced ..... for adjudication of disputes between the licensors and licensees in relation to recovery of possession and licence fees. further, the amendment of section 41 of the act does not obliterate the exclusive jurisdiction of the small causes court. even in case of existence of arbitration agreement, the arbitration would be barred by .....

M/S. Ancl and Co. (India) Pvt. Ltd. Vs. Corporation Bank and Others

Court : Mumbai

..... it is submitted that only terms of the bank guarantee have to be considered by this court while deciding application under section 9 of the arbitration and conciliation act, 1996. it is submitted that the petitioner has neither alleged nor established fraud in furnishing the bank guarantees on behalf of the petitioner in favour of the ..... to do or not to do something, if some event, collateral to such contract, does or does not happen. section 32 of the said act, deals with the enforcement of the contracts contingent on an event happening, and the same is also relevant hence reproduced below - section 32. enforcement of contracts contingent ..... biyani (2012(1) mlj 394) and more particularly paragraphs 20, 21, 22, 23, 24, 31 and 33 which reads thus:- 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' is a contract .....

Rajesh Tarachand Sajdeh Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (1983)LC427DTri(Mum.)bai

..... case, the departmental representative opposed the submissions of the advocate on the grounds that the original statement dated 14-8-80 was recorded under section 108 of the customs act. under provisions of this law, the person summoned was bound to state the truth and therefore the statement dated 14-8-80 was correct. on the other hand ..... in question has to be treated as an informer and his identity has to be kept secret and cannot be disclosed under provisions of section 125 of the evidence act. this alleged infirmity cannot be treated as hitting the acceptability of the statement of shri sajdeh.the statement itself has been signed by shri sajdeh and he has appended ..... is time-barred and it has to be rejected.6. lastly, taking up the preliminary objection of non-compliance with the provisions of section 129-e of the customs act raised by the departmental representative, we find that the plea of advocate shri karmali is an afterthought. if he had been aware of this requirement of law, he .....

Governor-general Vs. Province of Madras

Court : Mumbai

Reported in : (1945)47BOMLR629

..... , and a provincial legislature has not, power to make laws with respect to any of the matters enumerated in list i in the seventh schedule to this act (hereinafter called the 'federal legislative list').(2) notwithstanding anything in the next succeeding subsections the federal legislature, and, subject to the preceding subsection, a provincial legislature ..... respectively that the parties rely, the respondent contending that entry no. 48 of the provincial legislative list authorises and justifies the impugned provisions1 of the madras act, the appellant contending that so far as those provisions purport to impose a tax on first sales they in effect impose a duty of excise and are ..... entry no, 45 in the federal legislative list.14. the third reason thus stated rests on the opening words of section 100 (1) of the constitution act 'notwithstanding anything in the two next succeeding sub-sections' and the opening words of section 100(3) 'subject to the two preceding sub-sections.' their lordships .....

Ramsomappa Bhimrao Desai Vs. the Secretary of State for India in Couns ...

Court : Mumbai

Reported in : AIR1937Bom465; (1937)39BOMLR851

..... by the british government under the following conditions. those conditions are : the said persons in enjoyment and their heirs shall be obedient to the britisih government and act faithfully and honestly and shall go on paying to government permanently, every year amounts as mentioned below.then the amount of the agreed assessment is stated.13. ..... xvii of 1827 as to suppose that interference with actual possession is allowable.' it is, therefore, clear that government have never considered that under the inam act they were entitled to interfere with actual possession. all that they could deal with was the claim of certain persons to hold lands free from the ordinary ..... to assessment was resumed.5. in connection with that question it is necessary to consider what were the powers of the inam commissioner. he was appointed under act xi of 1852 which recites that in the districts therein mentioned in the bombay presidency, claims against government on account of inams and other estates wholly or .....