Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 40 offences relating to force court Court: mumbai Page 26 of about 547 results (0.243 seconds)

Kaprecon Sleeper Works Pvt. Ltd. and Others Vs. Union of India, throug ...

Court : Mumbai Nagpur

..... bench judgment of this court in nitinindustries associates, khamgaon v state of maharashtra and others reported at 1986 mah.l.j. 474 considers provisions of bombay reorganization act, particularly its section 41. it holds that provisions of said section 41 read with rule 1 of chapter xxxi of the bombay high court appellate side rules ..... of the arbitration clause, the parties ought to have been relegated to resort to arbitration in view of the provision in section 8 of the arbitration and conciliation act, 1996. thirdly, it is contended that the petitioner/company sought to enforce the contact and intended to claim damages for alleged breach of the contract and, ..... of the arbitration clause, the parties ought to have been relegated to resort to arbitration in view of the provision in section 8 of the arbitration and conciliation act, 1996. thirdly, it is contended that the petitioner/company sought to enforce the contact and intended to claim damages for alleged breach of the contract and, .....

Western Coalfields Ltd., Through its General Manager Vs. G.N. Shah, Ch ...

Court : Mumbai Nagpur

..... actio personalis moritur cum persona' depends upon the `relief claimed' and the facts of each case. by and large the industrial disputes under section 2 a of the act relate to the termination of services of the concerned workman. in the event of death of the workman during pendency of the proceedings, the relief of re-instatement, ..... judgment, the hon'ble supreme court has laid down that expanding the definition of workman as per the provisions of section 2(s) of the industrial disputes act would confer the right on the legal heir of the deceased employee to obtain appointment on compassionate grounds subject to the fulfillment of the conditions prescribed for that. ..... on compassionate grounds could not have been considered immediately after the death of shri puranlal as he was below 18 years and as per the provisions of mines act 1952 he could not have been given the employment. it is submitted that the tribunal has not considered these aspects and therefore, the order passed by it .....

Brihan Karan Sugar Syndicate Pvt. Ltd. Vs. Lokranjan Breweries Pvt. Lt ...

Court : Mumbai

..... detain us for long. the defendants mark is, he submits, distinguishable and there is therefore no likelihood of confusion or deceptive similarity. section 2(h) of the 1999 act defines deceptive similarity to mean that one mark so nearly resembles another as to be likely to deceive or cause confusion. the two labels being distinct, there is no such ..... , and yet persists in using the mark, he risks a challenge to his use by the registered proprietor. in such a case there can also be no question of delay (bal pharma ltd v centaur laboratories pvt. ltd., 2002 (24) ptc (bom) (db)). 15. mr. kadams answer is, first, to contend that the plaintiff itself is a trade ..... itself shows that the word ultratech is a distinctive mark and the plaintiff have satisfied the criteria laid down in sections 9 and 11 of the trade and marks act, 1999. therefore in the present case though the word ultratech is not separately registered nor is a subject of a separate application, the same being distinctive shall not .....

Gaurav Gupta Vs. Radhika Gupta

Court : Mumbai Goa

..... on or about 24/03/2009, has filed a suit for dissolution of marriage against the petitioner, being matrimonial case no.20/2009, under the hindu marriage act, 1955 (the act, for short), which is pending. initially, the couple and the children stayed in the matrimonial house which is anukampa, 60, green valley, alto-porvorim. ..... of the court to make an order for interim maintenance and litigation expenses. while deciding quantum of maintenance and litigation expenses, under section 24 of the act, discretion is to be exercised judiciously. the appellate court must be slow and and cautious in interfering with an order granting maintenance pendente lite and expenses ..... entitled to interim maintenance. thus, while considering the sufficiency of the amount required under the above provision, the interim maintenance under section 24 of the act should be granted keeping in view the earlier grants already made during the relevant period or grants which are being made. gaurav has also been paying the .....

Vipul Agarwal Vs. Central Bureau of Investigation and Another

Court : Mumbai

..... proceeding against the applicant for the offence of criminal conspiracy. he has submitted that the applicant having failed to challenge the said findings cannot now contend that the acts attributed to him were committed in discharge of his official duty. relying upon the judgment of rajib ranjan and ors. vs. vijaykumar (2015) 1 scc 513 ..... sanction of the competent authority specified in this provision. the sanction, however, is necessary if the offence alleged against public servant is committed by him "while acting or purporting to act in the discharge of his official duties". 6. in devinder singh and ors. vs state of punjab through cbi on 25 april, 2016 (air 2016 sc ..... duties, if a public servant enters into a criminal conspiracy or indulges in criminal misconduct, such misdemeanor on his part is not to be treated as an act in discharge of his official duties and therefore provisions of section 197 of the code will not be attracted." 21. in the instant case the imputations leveled .....

M/s. Kalpana Mines and Minerals, Through its Proprietress, Kalpana Gaw ...

Court : Mumbai Goa

..... class at margao in criminal case no.209/oa/nia/2010/d convicting the petitioner for the offence punishable under section 138 of the negotiable instruments act 1881 (the act for short) and the consequent sentence of simple imprisonment for six months and for payment of compensation of rs.1.5 crores has been confirmed. ..... 51 has been voluntarily produced by pw1, tabrej and necessary averments have been made in the complaint with regard to ingredients of section 138 of negotiable instruments act. the contention of learned advocate dinesh naik that there is evidence beyond avermnets which cannot be considered, cannot be accepted. the demand draft has been exhibited ..... hence the respondent issued a notice dated 22/7/2010, which was returned unclaimed. this led the respondent to file a complaint under section 138 of the act against the petitioner. 3. at the trial the respondent examined shri tabrej hinglajkar, pw1. and produced certain documents on record. the petitioner did not examine herself .....

Mayank Vs. Neha Malhotra (Kohli)

Court : Mumbai Nagpur

..... his pleadings about date of knowledge are inconsistent but, that is hardly relevant for the purpose of considering the bar under section 12[2][a] of the 1955 act. had there been a fraud or suppression, the spontaneous reaction of appellant husband and his family members would have been totally different. they would have rushed to ..... transferred to nagpur later on. just 5 days prior thereto and on 28.03.2012, the respondent wife filed a petition under section 9 of the hindu marriage act for restitution of conjugal rights at nagpur. appellant husband filed his written statement opposing restitution on 13.07.2012, while respondent wife filed her written statement opposing ..... that in this situation the story pleaded by the appellant/husband ought to have been treated as admitted. he has also relied upon section 58 of the evidence act. 4. inviting attention to the story as pleaded by the respondent wife in her petition for restitution of conjugal rights, he submits that the respondent wife has .....

Air India Ltd. Vs. Dcit, Spl. Range-19/iac Range

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2008)114TTJ(Mum.)844

..... to passengers in respect of which the appellant had charged/recovered fare from passengers is outside the purview of provisions of section 37(3a) of the i-t act 1961 and as a consequence not disallowable under section 37(3a).we have heard the parties. we have already considered and decided this issue in favour of the ..... assessee by way of "advertisement, publicity and sales promotion". the expression "sales promotion" used in section 37(3b)(i) has not been defined anywhere in the i-t act. section 37(3b) was enacted with a view to curbing certain categories of avoidable or ostentatious expenditure by the assessees carrying on business or profession. the expression "sales promotion" ..... in respect of which the appellant had charged/recovered fare from passengers and hence it was outside the purview of provisions of section 37(3a) of the i-t act 1961 and as a consequence not disallowable under section 37(3a). 4. a) the id. cit(a) erred in confirming disallowance made by the assessing officer of .....

Bal Gangadhar Tilak Vs. Shri Shriniwas Pandit

Court : Mumbai

Reported in : (1915)17BOMLR527

..... a young widow, taj maharaj.6. at the date of his death he made a will appointing five gentlemen as his trustees. one of these, ranh sahib, declined to act; the other four obtained probate of the will on 2nd december 1897. these were messrs. tilak, khaparde and kumbhojkar, the appellants. the fourth, mr. nagpurkar, while remaining ..... is our unanimous opinion that one should not be taken from any other family. and shri tai maharaj is of the same opinion.shri tai maharaj suggests that messrs. bal gangadhar tilak and ganesh shrikrishna khaparde should both go to babre, select boys, and return after settling as regards that family.shri tai maharaj should go, see boys ..... , that on the 27th there was selection and verbal gift, and acceptance, and preparation of necessary documents. on the 28th there was execution of documents under corporea acts of giving and taking.20. in their lordships' view these conclusions are well justified.21. it is an admitted fact in the case that neither the trustees nor .....

The Himalaya Drug Company Vs. Gufic Limited, a Public Limited Company ...

Court : Mumbai

Reported in : AIR2004Bom278; 2004(3)BomCR510; 2004(29)PTC366(Bom)

..... 14. the learned counsel also brought to my notice that the appellants have already filed a rectification petition before the high court under section 56 of the trade marks act in july-august 2002, and this court had declined to grant any ad-interim or interim reliefs.15. apart from the above, the learned counsel also pointed out ..... use of 'shallaki', the registration of trade mark in favour of respondent no. 1 should be deemed to have ceased in view of section 35 of the trade mark act, however, the appellant is not pressing the above argument in this appeal.9. mr. kadam referred to 'bhavaprakasa nighantu' various websites, as reflected in the compilation to ..... he contended that the appellants use of the name 'shallaki' is a bonafide description of the goods, hence in view of section 34 of the trade and merchandise mark act, 1958. appellants should be protected in use of that word 'shallaki'.8. mr. kadam, the learned counsel fairly conceded that though an argument was advanced in the memo .....