Court : Mumbai
Reported in : 2008(3)ALLMR656; 2008(5)MhLj883
..... for the respondent to take any cross-objection laying challenge to any finding adverse to him as the decree is entirely in his favour and he may support the decree without cross-objection, the amendment made in the text of sub-rule (1), read with the explanation newly inserted, gives him a right to take cross-objection to a finding recorded against him either while answering an issue or while dealing ..... the appellate court have set aside the decree passed by the trial court and instead granted straightway a decree for specific performance of contract?after considering rule 22 of order 41, as amended by civil procedure code amendment act 104 of 1976, with effect from 1-2-1977 in juxtaposition with the text of the provision as it stood prior to the amendment in para 7, it observes in para 8:8. ..... court had assigned cogent reasons for rejecting such joinder stating that the suit is long pending since 1983 and prima facie the action of the alienation does not appear to be bona fide. ..... decree be drawn accordingly.at this stage shri gilda, advocate for the appellants states that interim order was operating in the field since 2001 and it should be continued further so as to enable the appellants to approach the ..... dated 12-5-2006 to commissioner, amraoti making grievance against his advocate shri bhende. ..... shri khapre, advocate for the respondents opposes the request and states that only order of status-quo was operating.as the order of status-quo was operating till today, i am inclined to .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR35; 2008(3)ARBLR204(Bom); 2008(4)BomCR594; (2008)110BOMLR852; 2008(4)MhLj238
..... contract between the parties, whereunder the contractor has undertaken not to make any claim for delay in performance of the contract occasioned by an act of the employer, still a claim would be entertainable in one of the following situations; (i) if the contractor repudiates the contract exercising his right to do so under section 55 of the contract act, (ii) the employer gives an extension of time either by entering into supplemental agreement or by making it clear that escalation of rates or ..... [1999]2scr643 ) the apex court held that in order to find out whether the arbitrator has acted in excess of the jurisdiction, the court may have to look into some documents including the contract. ..... he informed on 7/12/1989 that extension of contract period was amendment and could not have been done unilaterally and extension therefore ..... court holds that if the award is contrary to the substantive provisions of law or the provisions of the act or against the terms of the contract, it would be patently illegal and it could be interfered under seciton ..... when the claim is contrary to gcc, it is obvious that defence of exercise of option under section 55 of contract act ought to have been raised by present appellant before arbitral tribunal and in any case, there should have been the finding that termination or closer was in view ..... supplementary agreement was executed for the same work at the increased rate, the steel authority of india wrote a letter dated 3-9-1983 repudiating the claim of rs. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR45; 2008(4)BomCR798; 2008(4)MhLj747
..... the provisions of amended act, the compromise decree and effort of respondent there to reopen the issue gave opportunity to the appellants to plead estoppel because of compromise decree and that was not utilised ..... letting of houses and rent control order, 1949, to the present appellants, it is apparent that during the pendency of appeal, provisions of rent control order have been amended and the benefit of said amendment is available to the tenants and licensees against whom decree for eviction has been passed and appeals are pending. ..... 'ble apex court in this background noticed that the respondents were entitled to take advantage of the amendment of the law unless the law itself barred them. ..... haq reported at : [2000]2scr280 , to state that said amendment is applicable even to pending proceedings and matters pending in appeal ..... that as forfeiture clause is not applicable, the appellants/ defendants continue as licensees and hence permission of rent controller in view of amended provisions of rent control order was essential. 8. ..... 31 in favour of present respondents have not been properly evaluated by courts below, shri bhangde, learned senior advocate has placed reliance upon the judgment of the hon'ble apex court in the case of jaswant ..... the suit was filed in 1983 and came to be decreed ..... 221 of 1983 through their father and natural guardian against present appellants for recovery of possession and ..... pointed out that suit was, therefore, withdrawn with liberty on 14.12.1983. ..... of 1983 i.e .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)ALLMR747; 2008(6)BomCR81; 2008(3)MhLj209
..... it was also held that rule 3a of order xli introduced by amendment act 104 of 1976 to the code, did not in any way after that principle. ..... sub-rule (1) of rule 11 of order xli has been amended by act no. ..... shri khapre, learned counsel for the appellants, then contended that the appeal could not be entertained under section 70 of the bombay public trust act on applying the analogy as laid down in the decision of this court in : 2004(4)mhlj69 (chandu jagannath ambekar and anr. v. ..... following cases:(a) the finding [and order, if any,] under section 20; (b) the finding under section 22; [(b-1) the findings under section 22a;] (c) the findings under section 28; (d) the order under sub-section (3) of section 54; [(e) an order confirming or amending the record under section 79a. ..... all the same, it is clear that application under section 5 of the limitation act alone cannot be presented or entertained unless a substantive proceeding such as appeal or application is also presented along with it. ..... the enquiry is remitted back to the assistant charity commissioner with a direction that he shall allow the applicants in application under section 22 of the bombay public trust act to tender evidence/affidavit on delay condonation application and then decide the application under section 22 of the bombay public trust act as well as application for condonation of delay according to law. ..... suraj jit choudhury : [1983]1scr372 ) by relying upon the law laid down in the case of. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)ALLMR658; 2008(4)MhLj167
..... that a landholder was, by reason of being a woman other than a widow or a minor or a person detained or imprisoned under any process of law, a person under disability at the time of granting a lease as defined in the act before the berar regulation of agricultural leases (amendment) act, 1953, the provisions of subsections (1) and (2) shall apply to every person who was a lessee of such land-holder in respect of any land at any time prior to the 1st day of august 1953 and ..... in exercise of supervisory jurisdiction the high court may not only give suitable directions so as to guide the subordinate court as to the manner in which it would act or proceed thereafter or afresh, the high court may in appropriate cases itself make an order in supersession or substitution of the order of the subordinate court as the court should have made in the facts and circumstances of the case ..... since the berar regulation of agricultural leases act, 1951 had been amended inserting section 4-a therein, when the parties approached the high court, the matter was remanded by the high court on ..... however, the reliefs prayed for are in exercise of powers of superintendence conferred upon every high court by article 227 which is a supervisory jurisdiction intended to ensure that subordinate courts and tribunals act within the limits of their authority and according to law, the exercise of jurisdiction would be under article 227. ..... , learned counsel for the appellant-tenant, and shri p.y. ..... have heard shri z.a. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)MhLj250
..... )[(3) in the case of any appeal entertained by the chief judge, but not heard by him, before the date of commencement of the maharashtra municipal corporations (amendment) act, 1975, the chief judge shall not hear and decide such appeal, unless the amount of the disputed tax claimed from the appellant, or the amount of the tax chargeable ..... in the case of an appeal against a rateable value a complaint has previously been made to the commissioner under section 163, and such complaint has been disposed of;(c) in the case of an appeal against any amendment made in the assessment book under section 167 during the official year, a complaint has been made by the person aggrieved within fifteen days after he first received notice of such ..... amendment, and his complaint has been disposed of:(d) in the case of an appeal against a tax, or in the case of an appeal made against a rateable value (the amount of the disputed tax claimed from the ..... that a demand was made for refund of the octroi levied, charged and collected from the said mills for the period from 1st august, 1981 to 30th september, 1983 totally amounting to rs. ..... dated 3-4-1986, passed by shri d.r. ..... 1986 read thus:the appellant, therefore, prays :- (the prayers are without prejudice to one another)(a) the impugned order dated 3-4-1986 passed by shri d.r. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)ALLMR504; 2008(1)MhLj870
..... had not at all actually received it in gift, while at the same time not showing that jagannath had included this land in his holding, which is thoroughly impermissible. 23. ..... in the instant case, both the transfers being three years prior to the date mentioned above, the act would not apply to them and the commissioner and the high court therefore erred in holding that the lands transferred by nemi chand to his mother should be included in the total area of ..... could the appellate authority allow a cross-objection affecting the rights of daughters, who were not parties in the proceedings before the authority (iv) could a gift, which had not been actually acted upon, be considered for including the properties gifted to the wife in the holding of the family of her husband 2. ..... the following set of facts:(i) the appellant held the lands substantially in excess of the ceiling on holdings of agricultural lands enforced by the maharashtra agricultural lands (ceiling on holdings) act, 1961 as amended up to the year 1976 (for short, hereinafter referred to as 'the act'). ..... the learned single judge has observed that jagannath was not examined to assert his ownership over ..... rightly repelled by the learned agp by pointing out that the state was as much an interested party as the family members, because operation of the provisions of the act entitled the state to secure the surplus land for the purpose of their distribution. ..... at 1983 m.l.j. ..... reported at 1983 m.l.j. ..... for the appellants, and shri s.j. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)BomCR505; 2007(6)MhLj755
..... both the lower authorities had failed to take into consideration the inclusive definition of the word 'agriculture' after the amending act. ..... before the learned additional tahsildar and alt, haveli under section 70(b) of the bombay tenancy and agricultural lands act, 1948 (for short 'bt and al act), seeking declaration that they are tenants in respect of the suit lands situated at village moshi being gat nos ..... that the word 'cultivation' as is found in sub-clause (5) of section 2 does not include raising of crops, grass or garden produce which was inserted by amendment made in 1957 and, that being the position, raising of grass amounted to cultivation. ..... case of a joint family, the land shall be deemed to have been cultivate personally if it is cultivated by any member of such family;]the word 'agriculture' was amended in 1957 and the bracketed portion was incorporated in the said definition. ..... the petitioner, therefore, cannot take benefit of the amendment which was made in 1957 as the said amendment is restricted to an agriculturist who uses the land for grazing ..... it was contended that the trust is an agriculturist within the definition of section 2(2) of the bt and al act and though it is a juristic person it acts through its trustees and that the land was held by them on lawful lease which was executed on 5-9-1947 and that the name of the trust was entered as a protected tenant vide ..... jagannath and ..... shri nasik panchavati panjarpol reported in 65 tlr 47 and the judgment reported in 1963 .....
Tag this Judgment!Court : Mumbai
Reported in : (2007)109BOMLR2167; 2007(122)ECC267; 2007(148)LC267(Bombay); 2007(218)ELT516(Bom)
..... there were any circumstances existing for making provisional assessment nor in fact any provisional assessment order was passed before clearance of the goods and, therefore, recovery of excise duty under the amended rule 9 & 49 of the 1944 rules could not be made without issuing a show cause notice under section 11a within the period of limitation prescribed under the 1944 ..... objected to the finalisation of the provisional assessment inter alia on the ground that in the absence of any show cause notice issued under section 11a of the 1944 act within six months from the date of amendment of rule 9 and 49 of the 1944 rules, recovery of excise duty would be barred by limitation.14. ..... outset, it may be noted that the observations made by the apex court in all the above cases regarding the issuance of notice under section 11a of the 1944 act was in the context of the excise duty that became payable on account of the apex court upholding the validity of the amendment to rule 9 and 49 of the 1944 rules with retrospective effect from 28-2-1944. ..... accordingly, mr.patil submitted that in the present case, admittedly, the revenue has not issued a notice under section 11a of the 1944 act and, therefore, the demand raised in respect of the yarn cleared for captive consumption during the period from may, 1981 to may,1984 is clearly ..... gobinda glass 1972 cwn 137 and shri gobinddeo glass works ltd. v ..... the delhi high court by its judgment and order dated 11th january, 1983, passed in the case of j.k. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(1)ALLMR204; 2007(6)BomCR72; 2007(6)MhLj646
..... in the absence of any material to show that income of the trust is used for the purpose other than that of maintaining the temple and performing the religious ceremonies, in my view, it was not necessary to frame a scheme.both the appeals are allowed in the above terms. ..... the said devasthan was later on registered as a public trust under the provisions of the bombay public trust act in the year 1955 and it is an admitted position that the trust owns and possesses the agricultural land. ..... shri vakeshwar and shri vithal devasthan are the deities having two separate temples situated at pashan, pune. ..... there cannot be any manner of doubt that under section 50(a) of the said act, power is vested in the charity commissioner to frame a scheme. ..... trust and no irregularity was noticed even by the charity commissioner in the functioning of the said trust and as such, it was not necessary to exercise the discretion vested in the charity commissioner under section 50(a) of the said act for the purpose of framing a scheme. ..... before the 4th assistant judge, pune, who dismissed the said applications and being aggrieved by the aforesaid order, the appellants have preferred these appeals as directed under section 72 of the bombay public trust act, 1948.3. ..... that being the position, the appellants were precluded from raising any objection to the scheme which was formulated by the charity commissioner while exercising the power vested in him under section 50(a) of the said act. .....
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