Court : Mumbai
Reported in : 2007(6)BomCR666
..... except where section 11 is invoked in which case the hon'ble the chief justice or his nominee can appoint the arbitrator. however, under the multi-state societies act the arbitrator is always appointed by the central registrar. however, fact remains that the adjudication is not necessarily by a trained judge or by a lawyer. the ..... the process of long drawn adjudication or to analyse each aspect or arguments. he submitted that while deciding an application under section 101 of the cooperative societies act the authority has to only broadly consider the main issue as to whether the concerned member was in arrears and whether the claim of the society is substantiated ..... an adjudication. he pointed out that the authority i.e. the registrar or deputy registrar who decides the proceeding under section 101 of the co-operative societies act has an authority to adjudicate upon the dispute between the parties as regards liability to pay the amount. he submitted that the proceeding under section 101 of .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)BomCR340
..... officers of the tribunal and chairperson of the appellate tribunal. chapter iii deals with the subject of jurisdiction, powers and authority of such tribunals under the rd act. section 17(1) thereunder provides that a tribunal shall exercise on and from the appointed day, the jurisdiction, powers and authority to entertain and decide applications ..... under consideration, mere issue of inconsistency in the provisions of two statutes is not sufficient. rather what is important is that the statutory provisions under the rd act do not leave any scope for any other parallel proceedings under any other statute, either for adjudication of claim or for recovery, including realisation of, the ..... that a liberal view has to be taken while interpreting the provisions of decree or order or even the term 'court' in section 9 of the insolvency act. in the said case, as regards the interpretation of statutes, the apex court had held that:even assuming that literality in construction has tenability in given .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)ALLMR282; 2008(1)MhLj895
..... made by the assistant registrar under section 78(1) of the act and also allowed the same. since the original order made under section 78(1) itself was without jurisdiction, the appellate order consequently must go. it ..... the co-operative court which admittedly they have filed. hence, in my opinion, the order made by the assistant registrar under section 78(1) of the act itself was without jurisdiction. further, the divisional joint registrar/appellate authority instead of realizing the mistake of the assistant registrar, entertained the appeal against the order ..... appointing the administrator. it appears that on 12-12-2006, the 2nd respondent issued show-cause notice under section 78(1) of the maharashtra cooperative societies act to the managing committee of the respondent no. 3 society mainly on the ground that there existed dispute in the managing committee members. as a result, .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)ALLMR490; 2008(3)BomCR181; (2008)110BOMLR577; 2008(4)MhLj626
..... by the collector varying between rs. 40,000/- and rs. 83,000/-. the claimants being dissatisfied from the awarded compensation preferred references under section 18 of the act which were referred by the slao to the reference court. after permitting the parties to lead evidence, the reference court vide its judgment dated 23rd september, 2005, ..... determined by reference to the price which a willing vendor might reasonably expect to receive from the willing purchaser.17. further in the case of union of india v. bal ram and anr. : air2004sc3981 , the court held as under.the ground urged before us is that in view of the decision in kunwar singh v. union of ..... the acquired land. it is only after this procedure is completed that the collector is entitled to take possession as per the provisions of section 16 of the act and then alone the land shall vest absolutely in the government free from all encumbrances. secondly, the legislature has vested special powers in the appropriate government to .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR887; 2008(2)BomCR860; 2007(6)MhLj712
..... both enactments entitle the claimant to institute proceedings for recovery of their dues.therein lies a fundamental difference between the state enactments and the securitisation act. the securitisation act and in particular section 13 thereof does not create a mechanism for the secured creditors instituting proceedings for adjudication or recovery of their dues. ..... clause (cci) in section 5. the parliament in its wisdom had not altered or modified the definition of 'banking company' in section 5(c) of the br act by act no. 23 of 1965.34. section 2(d) defines 'banks' to mean (i) a banking company; (ii) a corresponding new bank; (iii) state bank ..... legislation for securitisation and empowering banks and financial institutions to take possession of the securities and do sell them without the intervention of the court. acting on these suggestions, the securitisation and reconstruction of financial assets and enforcement of security interest ordinance, 2002 was promulgated on the 21st june, 2002 .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(1)ALLMR497
..... product transported by the petitioners in the petitioners vehicle was not forest produce. secondly that there is no notice issued under the provisions of wild life (protection) act, 1972, and therefore, the seizure/forfeiture is illegal. and thirdly that the petitioners, as common carrier, are not expected to know the contents of packet ..... of the forest offence, which are liable to forfeiture, should not be released. this, however, does not debar the officers and the authorities under the act including the appellate authority to pass appropriate orders under the circumstances of each case but only after assigning valid reasons. the liberal approach in the matter would ..... confiscate and forfeit the forest produce illegally sought to be transported or used. the said provision read with the other provisions of law under the said act, at once, discloses that the forest goods can neither be seized nor confiscated without following the prescribed procedure including an opportunity of being heard to .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR4550
..... expeditious adjudication and recovery of debts due to banks and financial institutions. we may gainfully refer to the statement of objects and reasons of the rdb act, which read as under:statement of objects and reasons:1. banks and financial institutions at present experience considerable difficulties in recovering loans and enforcement of ..... claims by banks and financial institutions were involved.what falls from the decision would be the following propositions:i. the jurisdiction of the tribunals under the rdb act is exclusive on matters of 'adjudication' and 'recovery'. in other words, even in matters of 'execution' of a recovery certificate, the jurisdiction is exclusive ..... claim has no nexus with the claim of the bank/financial institution, is entitled to file objections before the recovery officer constituted under the rdb act, because his claim potentially conflicts/impacts/affects the claim by the bank/financial institutions;18. thus it will be clear that on consideration of the .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR2507
..... for andobtain all such governmental and regulatory approvals as are necessary on itsbehalf.(b)thedefinitive agreements will reflect that the mukesh ambani group will act inutmost gooddeliberatelymisquoted in the pleadings.deliberatelyomitted in pleadings.faithand will make best endeavors to work for and obtain such approvals. if thereis any ..... submitted that agreements for reorganizing corporate affairs may be entered into between promoters (like shareholders agreements). however, the present regime of the companies act as applicable to listed companies has checks and safeguards to ensure that any arrangements proposed by a promoter or promoters is duly scrutinized and implemented ..... is to the effect that the defendant can plead the contributory negligence of the plaintiff or of an employee of the plaintiff where the employee is acting in the course of employment. : 2004crilj1221 (assistant commissioner, assessmentii, bangalore and ors. v. velliappa textiles ltd. and ors.):16. the question .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)BomCR607
..... the settlement of 1989 and 1995 which were concluded between the parties without prejudice to their respective rights and contentions on the status of the employees under the act. evidently, the question as to whether the employers were estopped by their conduct was squarely placed in issue in the earlier round of proceedings before the apex court ..... absence of pleadings. if the non-workmen are given the status and protection available to the workmen, it would mean that the entire machinery and procedure of the act would apply to the non-workmen with regard to their employment/non-employment, the terms of employment, the conditions of labour etc. this would cast on the ..... considering the matter on merits has clearly held, as observed above, that non-workmen cannot be given the status and protection available to the workmen under the act. the apex court has clearly held that the findings of the court below on the point of community of interest was based on misconstruction of evidence and in .....
Tag this Judgment!Court : Mumbai
Reported in : III(2008)BC588; (2007)109BOMLR2779; 2008(1)MhLj889
..... , the learned jmfc referred to the case of k. bhaskaran v. sankaran vaidhyan balan and anr. : 1999crilj4606 and observed that the apex court had stated that if five acts were done in five different localities any one of the courts exercising jurisdiction in one of the five local areas can become the place of trial for the accused under ..... section 138 of the act. the learned jmfc also noted that the subject cheques were account payee cheques and therefore they were intended to be paid at the place where the accused had an ..... were payable at the bank within the jurisdiction of jmfc, panaji, it is the jmfc, panaji who would have jurisdiction to try the offence under section 138 of the act. as observed by this court, though the complainant may have accounts at several places, it does not follow that the complainant could file complaint at the place where he .....
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