Judgment Search Results Home > Cases Phrase: securities laws amendment act 2004 chapter iii amendments to the depositories act 1996 Court: mumbai Page 1 of about 153 results (0.122 seconds)

Uco Bank, Churchgate Branch Through Mr. K. Venkatachalam Vs. Kanji Man ...

Court : Mumbai

Reported in : 2008(2)ALLMR512; 2008(3)BomCR290; (2008)110BOMLR744; 2008(4)MhLj424

..... by the enforcement of security interest and recovery of debts laws (amendment) act, 2004 (for short, the amendment act') the said condition was deleted.37. ..... to transfer by way of lease, assignment or sale shall be exercised only where the substantial part of the business of the borrower is held as security for the debt:provided further that where the management of whole, of the business or part of the business is severable, the secured creditor shall take over the management of such business of the borrower which is relatable to the security or the debt;](c) appoint any person (hereafter referred to as the manager), to manage the secured assets the possession of which has been taken over by the secured creditor;(d) require at any time by notice in writing, any person who ..... khanavkar further submitted that chapter iii of the npa act deals with 'enforcement of security interest'. ..... popular construction company's case (supra), the supreme court was considering whether the time limit prescribed under section 34 of the arbitration and conciliation act, 1996 (for short, 'the arbitration act') for filing application to challenge the award was absolute or not. .....

The State of Maharashtra and Others Vs. Yuvraj and Others

Court : Mumbai Aurangabad

..... (5) where a person has accepted a tender of pardon made under sub-section (1) and has been examined under sub-section (4), the magistrate taking cognizance of the offence shall, without making any further inquiry in the case, (a) commit it for trial (i) to the court of session if the offence is triable exclusively by that court or if the magistrate taking cognizance is the chief judicial magistrate; (ii) to a court of special judge appointed under the criminal law amendment act, 1952, if the offence is triable exclusively by that court; (b) in any other case, make ..... court has consistently held that the following conditions must be fulfilled before the case against an accused can be said to be fully established on circumstantial evidence;- i) the circumstances from which the conclusion of guilt is to be drawn must or should be and not merely may be fully established, ii) the facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty, iii) the circumstances should be of a conclusive nature and ..... . the explanation of section 273 indicates that the accused includes a person in relation to whom any proceeding under chapter viii has been commenced under this code and chapter viii is about security for keeping a peace and for good ..... ramdev singh (2004 (1) scc 421), (15) mani kumar thapa ..... state of punjab (1996 air (sc) 3254), (7) shera singh .....

M.R. Kulkarni and ors. Vs. Bank of Maharashtra, Nationalised Bank Cons ...

Court : Mumbai

Reported in : 2004(2)ALLMR612; 2004(5)BomCR743; (2004)IILLJ1007Bom

..... nor is it gratuitous payment solely dependent on the whims or sweet will of the employer and that it is earned for rendering long service and is often described as deferred portion of compensation for past service and is in fact in the nature of a social security plan to provide for the december of life of a superannuated employee and such security plans are consistent with the socio-economic requirements of the constitution when the employer is a state within the meaning of article 12 of the constitution.in commander head quarter, calcutta and ors ..... days after the expiry of the said period of one hundred and twenty days specified in clause (b) the entire amount of the bank's contribution to the provident fund including interest accrued thereon together with a further simple interest at the rate of six per cent per annum on the said amount from the date of settlement of the provident fund account till the date of refund of the aforesaid amount to the bank.we are really not concerned within the other parts of regulation 3.chapter iv sets ..... an option in writing in response to bank's notice to this effect to be given not later than 31st december, 1993 to become members of the pension scheme and to cease to be members of the contributory provident fund scheme with effect from 1st november, 1993.iii) retired employees who were in service of the bank/merged bank on or after 31st december, 1985 and retired on or after 1st january, 1986 but before 1st november, 1993 provided that .....

Janhit Manch and Bhagvanji Raiyani Vs. the State of Maharashtra Throug ...

Court : Mumbai

Reported in : 2007(2)ALLMR110; 2007(1)BomCR329

..... can the state abdicate its functions to maintain and preserve the rule of law by amending the town planning laws to legalise encroachments. ..... any further grant of tdr be stopped in the areas: (i) between the tracks of the western railway and the swami vivekanand road;(ii) between the tracks of the western railway and the western express highway;(iii) between the tracks of the central railway (main line) and the lal bahadur shastri road. ..... thereafter act 4 of 1996 was passed and chapter ia was inserted in the slums act. ..... it is apparent from the facts that the second petitioner after having failed to secure the benefits of the tdr now has made this attempt to challenge the same purportedly in public interest and to benefit himself in his capacity as a builder in the western suburbs. ..... the ministry of environment and forests has issued notification dated 27th july, 2004 amending the environmental impact assessment notification dated 27th january, 1994. ..... : (2004)4scc460 , the supreme court was pleased to observe as under:.the writ petition should not have been entertained keeping in view the fact that it was filed about three years after making of the allotment and execution of the deed of sale. ..... meters of land for parks, gardens, playgrounds and recreation grounds has been cleared by applying the tdr provisions in the dcr between 1991 and 2004; (j) no material is placed by the petitioners to establish migration of tdr from the eastern to the western suburbs. .....

Ranjitsing Brahmajeetsing Sharma and Additional Director General of Po ...

Court : Mumbai

Reported in : 2004(3)MhLj760

..... its subsequent judgment, the supreme court held that in view of the provision of section 7(2) of the criminal law amendment act, 1952 and articles 14 and 21 of the constitution, those directions ..... section 2(o) defines the expression 'officer in charge of a police station' to include, when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the state government so directs, any other police officer so present chapter xii of the code of criminal procedure, 1973 deals with information to the police and their ..... for the appointment of special police officers to assist the police force on any occasion when there is reason to apprehend the occurrence of any riot or grave disturbance of the peace and the ordinary police force is not sufficient for the protection of the inhabitants and for the security of ..... ; (ii) production before the court of the action taken report; (iii) a direction to the state of karnataka to produce the records of the telephone conversations of ..... the supreme court, while hearing a batch of petitions under article 32 of the constitution of india and criminal miscellaneous petitions associated therewith, clarified by an order dated 3rd february 2004 that 'the high court of bombay is not precluded from ..... incharge law and order from may 1993 to january 1996. .....

Zameer Ahmed Latifur Rehman Sheikh, Vs. the State of Maharashtra throu ...

Court : Mumbai

Reported in : 2008(1)ALLMR391; 2007(6)BomCR294

..... sebastian also contended that part of section 2(1)(e) of the mcoca with respect to 'promoting insurgency' and the allied sections of the mcoca to the extent they concern 'promoting insurgency' are in conflict with the uapa, 1967 as amended by unlawful activities (prevention) amendment act, 2004 and, hence, they are repugnant to the said provisions and may be declared to be so. ..... since the stress is on the offence of 'promoting insurgency' found in section 2(1)(e) of the mcoca and 'terrorist act' or 'terrorism' as defined in the uapa, 1967 as amended by the unlawful activities (prevention) amendment act, 2004, it is necessary to understand the meaning of these terms. 40. ..... it is also contended that as per article 254, the unlawful activities (prevention) amendment act, 2004 which was incorporated in the uapa, 1967 must prevail over the mcoca so far as insurgency is concerned. 37. ..... union of indiaair 2003 scw 7233, where the supreme court has stated that the entry 'public order' in the state list only empowers the states to enact a legislation relating to public order or security so far as it relates to a particular state and however wide meaning is assigned to the entry 'public order', the present day problem of terrorism cannot be brought under the same. ..... 1 of list iii enact any laws with respect to the subject of 'criminal law'. ..... the word 'insurgency' is defined in chambers dictionary (reprint 1996) as a rebellion. .....

Devki Nandan (Dr.) Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 2004(4)ALLMR1; 2004(6)BomCR51; 2005(3)ESC1974; [2005(104)FLR909]; (2005)IILLJ51Bom; 2005(1)MhLj382

..... we may gainfully reproduce paragraph 9 of the said judgment:'chapter vi of the act deals with employment relating to persons with disabilities, who are yet to secure employment. ..... the apex court dealing with the same contention has observed as under:'we agree with the view taken by the high court that unless a clarification is made by the legislature in the act, clarifying that an order would include an 'omission' or 'inaction' on the part of the authority, the 'inaction' on the part of authority can be challenged in high court by filing the writ petition under article 226 of the constitution of india. ..... the appellate bench of the delhi high court on the consideration of the various provisions and rules came to the conclusion that the person in service who suffers disability would be entitled to protection under section 47 of the persons with disabilities act.in our opinion, the matter is no longer res integra considering the judgment of the apex court in kunal singh v. ..... another contention raised on behalf of the respondent was placing reliance on office memorandum dated 19-1-2004 whereby rule 20(2) of central civil services rules is sought to be amended. ..... once person is disabled, the disabled person is entitled to the benefits under law. ..... the executive cannot and should not be allowed to complain on that count as it is their duty to give effect to the mandate of law.8. ..... courts must give effect to that object with which the law was enacted by parliament. .....

Om-sai Darshan Cooperative Housing Society (Proposed) and Chandrakant ...

Court : Mumbai

Reported in : 2007(1)BomCR476

..... the section provides that chapters ii and iii of the slum act will not apply to such area. 10 ..... (2) (a) without prejudice to the generality of the foregoing provision, if the state government is of opinion that the execution of any resolution or order of the authority is in contravention of, or in excess of, the powers conferred by or under this act or any other law for the time being in force, or is likely to lead to abuse or misuse of or to cause waste of the fund of the authority, the state government may, in the public interest, by order in writing, suspend the execution of such resolution or ..... supplied).while we refer to the decision of the learned single judge in the case of m/s.pooja enterprises (supra), we find that the amendment made by maharashtra act vi of 1997 to section 3c(1) of the slum act was not brought to the notice of the learned single judge. ..... i of the annexure to regulation 33(10) provides that only the actual occupant of the hutment shall be eligible and the socalled structure owner other than the actual occupant, if any, even if his name is shown in the voters list as on 1st january 1995 shall have no right to secure a tenement in the reconstructed building. ..... the letter of withdrawal of 5th march 2004 issued by mhada records that though annexure ii was sanctioned on 30th november 1996, the letter of intent was issued by the sra in favour of hanuman nagar society on 12th may 2003 and permission to construct transit accommodation was granted on 21st october .....

Subhash R. Acharya Vs. State of Maharashtra, Through the Dairy Commiss ...

Court : Mumbai

Reported in : 2007(6)ALLMR683; 2007(6)BomCR100; (2007)109BOMLR1847

..... the restricted scope of judicial review under article 226 of the constitution of india, it is also contended that the court does not act as an appellate authority and even if a decision taken by the government does not appear to be agreeable to the court, the court would not interfere unless such decision was offending the above rules of law ..... that in the event of cancellation of contract as above and if the contract is awarded to another contractor at a lesser amount, the losses suffered by the government to that count would be recovered from the security deposit of the contractor and ..... the constitution of india the petitioner prays for quashing of the order dated 21st august 2004 passed by the section officer, government of maharashtra, whereby the contract for recovery of entrance fee from vehicle drivers, who enter from three check nakas of goregaon, powai and marol respectively in aarey milk colony has been extended for a period of 3 years with effect from 17th february 2005 by increasing the ..... the contract for collection of tax on three check nakas may be extended for a period of three years by increasing fee at the rate of 5% and, accordingly, the conditions of the original contract may be amended ..... the principles of public accountability and public interest, we direct that if any financial loss is determined by the committee in terms of clause (iii) above for the extended period, the ..... 1996)6scc558 , the supreme court while setting aside the discretionary allotments made by the .....

Lokhandwala Infrastructure Pvt. Ltd. (Previous Known as Lokhandwala Bu ...

Court : Mumbai

Reported in : 2008(5)ALLMR743

..... the decision of the corporation in rejecting the proposal of the petitioners is primarily based on its decision dated 24/8/2007, the said decision dated 22/1/2008 is also set aside and the corporation is directed to reconsider both the proposals for redevelopment by subdividing the plot submitted by the developer appointed by the municipal tenants as well as the petitioners afresh and in accordance with law ..... the deputy mayor of the corporation vide his letter dated 28/5/2004 informed the assistant municipal commissioner that the fresh guide-lines prepared by the corporation for redevelopment of the municipal staff quarters are pending approval before the state government and as and when the said guide-lines are approved, the proposal submitted for redevelopment of the municipal staff quarters by the ..... housing societies of existing tenants or by co-operative housing societies of landlords and/or occupiers of a cessed buildings of 'a' category in island city, which attracts the provisions of mhada act, 1976 and for reconstruction / redevelopment of the buildings of corporation constructed prior to 1940, the fsi shall be 2.5 on the gross plot area or the fsi required for rehabilitation of existing tenants plus incentive fsi as specified in appendix iii whichever is more. ..... secured which is the best development proposal ever secured by the ..... the writ petition has been amended to challenge the ..... (1996)6scc558 , the supreme court while setting aside the discretionary allotments made by the .....