Court : Mumbai Nagpur
..... the contract and various provisions of the sale of goods act, relied upon by the learned counsels appearing for the parties, the view taken by the trial court, seems to be the possible view of the matter on prima- ..... the course of dealing between the parties. 17) the trial court has taken into consideration the provisions of section 46 (1) (a) read with section 47 (1) of the sale of goods act, 1930 and has recorded the findings, that the plaintiff shall have the lien over the coal till full price of the coal is paid. keeping in view the terms of ..... the argument of the defendant no.1 based upon section 46 (1) (a) read with section 47 (1) of the sale of goods act, 1930 that lien over the goods is available only till unpaid seller is in possession of the goods. the trial court recorded the finding that the plaintiff has prima-facie shown that the defendant no.1 agreed to pay full .....
Tag this Judgment!Court : Mumbai Nagpur
..... to entertain the suit in this case as it was instituted against the cooperative housing society without compliance of requirements contained in section 164 of the act of 1960. the suit was instituted without presuit statutory notice and no waiver was established before the civil court; the suit therefore was correctly dismissed ..... . society was dealing in business of sugarcane for various purposes and the transaction was touching the business of society and, therefore, section 164 of the act was applicable. the lower appellate court also considered the submissions advanced in this regard based upon facts pleaded in the plaint and the defence on the ..... maintainable. under these circumstances, it appears that the specific contention was raised by the defendant in the written statement that the defendant society is constituted under the act of 1960. it is a registered cooperative society and, therefore, it was essential for the plaintiff to give notice as required under the law. the .....
Tag this Judgment!Court : Mumbai Nagpur
..... incorporation brings forth the distinction envisaged by the legislature in assessment of court fees in suits regulated by section 6(iv)(d) & section 6(iv) (ha) of act. the sale deed in present matter in relation to which declaration is sought by plaintiff is for rs.4,60,000/. it is, therefore, apparent that he is seeking declaration ..... to have been computed. the trial court has referred to provisions of section 6(iv)(ha) of the act to uphold this contention. the perusal of said provision shows that when suit is for declaration, any sale or contract for sale of any immoveable property is void, one half of ad valorem fee leviable on the value of the ..... observing that if his prayers were granted, it would tantamount to cancellation of sale deeds. the hon'ble apex court has stated that only relief of declaration sought was that sale deeds were void and not binding on coparcenary. in this background, the provisions of court fees act, 1870, particularly provisions of section 7(iv)(c) were noted. in .....
Tag this Judgment!Court : Mumbai Nagpur
..... examined. no such case was made out to produce any witness for the purpose of crossexamination. in a rape trial the trial court as a general rule, cannot refuse to act upon testimony of victim once it is found that it is reliable and has a ring of truth. the evidence of prosecutrix in a trial for offence of rape and .....
Tag this Judgment!Court : Mumbai Nagpur
..... and even now the mistake can be corrected by the deputy director of education. according to the learned counsel for the petitioner the deputy director of education is thus acting high handedly in the matter of approval to the transfer order of the petitioner from one school to another.5. per contra, the learned additional government pleader opposed the ..... dispute that the petitioner was never transferred to junior college of education as understood in accordance with the above definition under section 2 (10) of the m.e.p.s., act. we therefore uphold the decision of the deputy director of education in not approving the appointment of the petitioner under rule 41 (5) clause (b) of the m. ..... to anyone of them save and except the post of head of a school or an assistant of a school is made.11. obviously 1980 circular was issued after the act was brought into force. after the issuance of the circular, the rules have been framed in the year 1981 and they have come into effect from 15th of april .....
Tag this Judgment!Court : Mumbai Nagpur
..... plaintiff has to pay court fee under s.6(iv)(ha) of the bombay court fees act, 1959, (hereinafter referred to as the act). further as he is claiming restoration of possession, he has to pay full ad valorem fees calculated on sale consideration of rs.2,37,500/ 4. advocate naidu for the petitioners defendants including subsequent ..... be sought against any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract. taking into consideration the ratio laid down by hon'ble apex court and this court in the matters cited, ..... his so called adverse possession. while amending the plaint, he has accepted that his prayer for temporary injunction has been rejected. he also claimed forcible dispossession thereafter. sale deed dated 08.09.2009 is challenged in this background by very same amendment. he has also added purchaser form original defendants as party. in air 2007 sc .....
Tag this Judgment!Court : Mumbai Nagpur
..... to keep the open spaces free from encroachment and / or any type of obstruction so that public can use freely with instructions not to display any of their goods or placards either in the corridor or open space outside their shops ;ii) provide or erect cement poles and /or barricades with cement railings between the edge ..... and cycle rickshaws parking, making the lives of the commuters and citizens miserable. all these illegal activities have also given rise to the criminal acts and have made life of women folk unsafe in night time. the nagpur railway station is one of the important railway stations of the country because of its ..... of the shop blocks. in other words the footpaths are taken over by them and used for cooking, washing utensils and throwing leftovers. due to these illegal acts, the area has become filthy and stinky and unhygienic. the road condition between jaistambh chowk to manas chowk is worst hit by traffic congestion, illegal taxis, autorickshaws .....
Tag this Judgment!Court : Mumbai Nagpur
..... that no prejudice is caused to the defendants thereby.7. it is also argued that the defendant has not made any reference to either sale of goods act or to the contract act and the plaintiff has also relied upon various judgments to show how said provisions clinch the controversy and an inference of deemed acceptance of material ..... is not necessary for this court to proceed to appreciate the grievance of plaintiff in the light of section 55 of the contract act and provisions of sections 41 and 42 of the sale of goods act. that consideration would have been relevant only in case of entire grievance in suit falling under provisions of order 37. various judgments ..... that suit was not based on any agreement and not supported by any enactment. it is further found that contention of plaintiff there, that provisions of interest act bring the claim made therein within the four corners of order 37 was matter of investigation. the learned single judge has relied upon division bench judgment reported .....
Tag this Judgment!Court : Mumbai Nagpur
..... that no prejudice is caused to the defendants thereby.7. it is also argued that the defendant has not made any reference to either sale of goods act or to the contract act and the plaintiff has also relied upon various judgments to show how said provisions clinch the controversy and an inference of deemed acceptance of material ..... is not necessary for this court to proceed to appreciate the grievance of plaintiff in the light of section 55 of the contract act and provisions of sections 41 and 42 of the sale of goods act. that consideration would have been relevant only in case of entire grievance in suit falling under provisions of order 37. various judgments ..... that suit was not based on any agreement and not supported by any enactment. it is further found that contention of plaintiff there, that provisions of interest act bring the claim made therein within the four corners of order 37 was matter of investigation. the learned single judge has relied upon division bench judgment reported .....
Tag this Judgment!Court : Mumbai Nagpur
..... judgment-debtor had no notice of the transfer and being otherwise unaware of it paid the money to the decree-holder, the payment was, of course, a good payment, and he cannot again be held liable to the transferee" ..."the supreme court has clearly expressed its agreement with the aforesaid observations made by the calcutta ..... deed of assignment is a contract between the parties.take a case where an unregistered deed of assignment of a decree for specific performance of contract for sale is executed upon certain terms and conditions. the assignor subsequently detracts from the terms of such deed either by filing separate proceedings for execution of such ..... creation of charge over the property, etc. the semblance is to the provisions of section 54 of the transfer of property act, dealing with the sale of immovable property, the same being relevant is reproduced below:" "sale" defined.-- "sale" is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised .....
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