Court : Mumbai
Reported in : AIR2002Bom97; 2002(3)BomCR416; (2002)1BOMLR504; 2002(1)MhLj737
..... chapter i of therules is preliminary; chapter ii deals with election; chapter iii deals with conduct of business of the council; chapter iv makes rules in respect of executive committee; chapters iv-a and v deals with president's powers and duties and registration respectively; chapter vi deals with the enquiries under section 22; chapter vii provides for appeal by a person aggrieved for any decision of the registrar; chapter viii is in respect of the conditions of service of registrar and other staff and supervisory powers and duties of registrar; and chapter ix is miscellaneous. 7. ..... what is deduced from the aforesaid proposition laid down by the apex court is that as a general rule and accepted proposition cases brought before the courts must be heard- in open court but this cannot be treated as inflexible and universal rule and it admits of exceptions where the court is of the opinion that hearing of the cause in open court would defeat the ends of justice. ..... the maharashtra medical council act, 1965 was enacted to unify, consolidate and make better provision in the law regulating the registration of persons practising modern scientific medicine in the state of maharashtra and to provide for matters connected therewith. ..... the first respondent is the maharashtra medical council of indian medicine, statutory body established under section 3 of maharashtra medical council act, 1965 (for short 'act of 1965') and the second respondent is the state of maharashtra. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(2)ALLMR702; 2001ALLMR(Cri)1087; 2001BomCR(Cri)787; (2001)2BOMLR803; [2002(92)FLR118]; (2001)IILLJ1469Bom; 2001(3)MhLj616
..... of buildings owned and occupied by the establishment of airport authority and therefore, it was pleased to quash the letter dated 3.4.1992 and the respondent airport authority was directed to absorbrequired number of workmen in accordance with their seniority and rule 'last come ..... the respective matters (except mahindra and mahindra) and similar notification issued by the state government, in case of mahindra and mahindra, in exercise of the powers conferred by section 10 of the act, thereby prohibiting employment of contract labour in certain regions were subject matter of ..... the university and the high court was pleased to uphold the labour court award.it was pleaded by the university before the honourable supreme court that the university had no role in the management and control of the cafeteria, the employees were not appointed by the university ..... miscellaneous provisions ..... act which are the only penal provisions; the maximum punishment that can be awarded extends to three months.consequently the cases would ordinarily be tried by the procedure prescribed, for trial of summons cases by a magistrate, in chapter xx of the code of criminal procedure, which chapter does not contain a provision analogous to sections 227 and 245 as incorporated in chapters ..... definition of 'establishment' in this act, those would fall in the second category, whereas the petitioners are in the first category.the petitioners are prosecuted for contravention of section 7 and opening part of the said section .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR624
..... the controller of examinations in the year 1999 and had sent a report dated 16-7-1999 to the police, pw 7 vishwas rajangaonkar, the state examiner of questioned documents had examined the questioned documents in these cases, pw 8 shri jageshwar saharia was acting as vice chancellor and claimed to have accorded sanction for prosecution of the university employees involved in the scam, pw 9 api laxman khobragade registered the offence, and pw 10 psi anil lokhande, the investigation officer.17. ..... learned counsel for the appellants that when a special law prescribes a special procedure, it eclipses general provisions, is unexceptionable, but it has to be noted that the maharashtra universities act does not prescribe any special procedure for carrying out investigation into the complaints about offences concerning the university examinations or for enquiries or trials for offences arising therefrom. ..... charge under section 120-b, indian penal code criminal conspiracy was made a substantive offence in 1913 by the introduction of chapter v a in the indian penal code. ..... it would not be open for him to allege that wrong marks were dictated and so he took down incorrect marks and, therefore, he ..... state of bihar reported at air 1992 sc 1939, it was held that unless it was established that forging of documents was within the knowledge and consent of the accused, the accused is entitled to acquittal of charge of forgery as ..... (i) to (iv) and (vi) to (viii) on the basis of the material ..... viii) original .....
Tag this Judgment!Court : Mumbai
Reported in : 1994(2)BomCR32
..... 159 framed by the amravati university under the amravati university act, clause 4(i) of the said ordinance is as follows :'4(i) ..... as regards section 73 of the amravati university act, it may be seen that the committee constituted under sub-section (1) thereof, prepares the list from amongst the persons whose names are included in the panel prepared by the board of studies and it then ..... clause 4(i) of the said ordinance of the nagpur university it is provided that appointments of examiners for revaluation should be made by the executive council in accordance with the provisions of section 64 of the act which means through the committee constituted under section 64 of the nagpur university act.5-a. ..... consideration both as regards the original assessment as well as revaluation is that the valuation is not made by the examiners whose names are contained in the list prepared by the committee constituted under section 73 of the amravati university act, 1983 (for short ' 73 committee'). ..... framed by the nagpur university under the nagpur university act. ..... , the submission is that it should be read down so as to make it consistent with the provisions of section 73 of the amravati university act.9. ..... as already pointed out, the petitioner has amended the petition to challenge the result of revaluation only on 25-8-1992 as stated in para 1 of the judgment.3. ..... we shall first consider the question whether it is open to the petitioner to challenge the re-assessment of her papers upon the above ground .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(1)BomCR212; (1991)93BOMLR789; 1991(1)MhLj415
..... '7) circular dated 21st march, 1990 was valid.8) the vice-chancellor had ample power to take emergency decisions after assessing the situation under section 11(4) and section 11(6) of the bombay university act, 1974.9) the emergency action of the vice-chancellor pertained to holding supplementary examination and had no relevance to the issues raised in the petition.10) the respondents had lawfully prevented the students ..... court inasmuch as clause (v) of the impugned circular dated 21st march, 1990 and the action of the vice-chancellor pertaining thereto was challenged before this court.10) section 11(6) of the bombay university act, 1974 had no application to the present situation.11) section 11(4) of the bombay university act, 1974 empowers the vice-chancellor to act only if there was reasonable grounds for him/her to believe that there was an emergency which required action to be taken. ..... reply filed by the registrar of the university of bombay, nothing whatsoever is stated so as to justify invoking of emergency power under section 11(4) of the bombay university act, 1974. ..... implement the order and directions in this behalf within three weeks from today as far as possible.6) rule is made absolute in terms aforesaid.7) no order as to costs.note:---(1) the above judgment was dictated in open court on 5th december, 1990, except the operative part. ..... into force from the academic year 1991-1992 i.e. ..... thereafter for third year (semesters v and vi) and the fourth year (semesters vii and viii). .....
Tag this Judgment!Court : Mumbai
Reported in : [1994]80CompCas384(Bom)
..... chapter viii, which contains sections 130 to 137 (both inclusive) of the transfer of property act deals with transfers of actionable claims. ..... it was contended in this connection on behalf of pranlal thakar that according to the transfer of property act, section 137, shares and stock are actionable claims but the provisions relating to transfer of actionable claims as stated in sections 130 to 136 are not to apply to this particular species of actionable claims. ..... the question of fact as to whether or not there is a sale is for the present left open to be determined only if the court comes to the conclusion that such a sale would create in favour of the bona fide purchaser, i.e. ..... 1,80,00,000 borrowed as aforesaid from the third respondent, the company gave the following securities : (i) units worth rs, 10.62 lakhs (which securities form part of miscellaneous petition no. ..... it is submitted that, by letters dated july 7, 1992, and august 6, 1992, the petitioners had offered to repay. ..... the second respondent claims as under : 'on or about the 11th day of june, 1992, the company borrowed for a period of 90 days, an amount of rs. ..... it is submitted that the petitioners are, therefore, not bound to pay interest from july 7, 1992, onwards. ..... 70 of 1992) ; and, (ii) four lakh units being the subject-matter of this petition, accordingly, the company handed over, inter alia, to the third respondent the said four lakh units. ..... all the said three bills of exchange fell due for payment on june 21, 1992. .....
Tag this Judgment!Court : Mumbai
Reported in : [1994]80CompCas789(Bom)
..... discharged in full, as far as may be, in the order as under : (a) all revenues, taxes, cesses and rates due from the persons notified by the custodian under sub-section (2) of section 3 to the central government or any state government or any local authority ; (b) all amounts due from the person so notified by the custodian to any bank or financial institution or mutual fund ; (c) any other liability as may be specified by the special court from time to ..... entered into at any time after april 1, 1991, and on or before june 6, 1992, in relation to any property of the person notified under sub-section (2) of section 3 has been entered into fraudulently or to defeat the provisions of this act, he may cancel such contract or agreement and on such cancellation such property shall stand attached under this act : provided that no contract or agreement shall be cancelled except after giving to the parties ..... in this case, the supreme court was considering the constitutional validity of chapter xxc of the income-tax act, 1961, wherein power has been given to the appropriate authority for pre-emptive purchase of property which has been agreed to be sold by the assessee for a consideration ..... by various parties, mainly financial institutions, claiming that they have rights in properties which today stand attached by virtue of the provisions of the special court (trial of offences relating to transactions in securities) act, 1992 (hereinafter for brevity's sake referred to as 'the said act'). .....
Tag this Judgment!Court : Mumbai
Reported in : [1997]89CompCas547(Bom)
..... and specific purpose which motivated the enactment of section 14a and chapter iiia of the delhi rent act would be wholly frustrated if the provisions of the slum clearance act requiring permission of the competent authority were to prevail over them ..... scheme is under implementation or where an appeal under section 25 relating to an industrial company is pending, then, notwithstanding anything contained in the companies act, 1956 (1 of 1956), or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or the law, no proceedings for the winding up of the industrial company or for execution, distress or the like against any of the properties ..... states the applicants have now filed miscellaneous ..... considering the object and purpose of the two laws and giving precedence to the banking companies act by observing : 'it is, therefore, desirable to determine the overriding effect of one or the other of the relevant provisions in these two acts, in a given case, on much broader considerations of the purpose and policy underlying the two acts and the clear intendment conveyed by the language of the relevant provisions therein' (page 615) ..... the provisions of the sick industrial companies (special provisions) act, 1985, 'the sick companies act' prevail over the provisions of the special court (trial of offences relating to transactions in securities) act, 1992 ('the said act'). ..... that the said act was enacted in 1992. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)ALLMR355; III(2008)BC149; 2007(5)BomCR125; (2007)109BOMLR1273; 2007(4)MhLj149; [2008]81SCL477(Bom)
..... will attract a dispute between two non-members.we may state here that while deciding the issue regarding jurisdiction of civil court, learned single judge has neither referred to relevant provisions which create a bar against the jurisdiction of civil court, which we have discussed at length in the earlier part of this judgment and he has also not referred to section 21 of sebi act, 1992 which dilutes bar of jurisdiction created by section 20-a ..... general obligations and responsibilities (chapter iv), procedure for inspection by the board (chapter v) and the procedure for action in case of default (chapter vi) as applicable to the brokers, are made applicable to the sub-brokers by regulation 16 (all these provisions are referred from bharat's ..... remedy for its enforcement provided, without expressly excluding the civil courts' jurisdiction, then both the common law and the statutory remedies might become concurrent remedies leaving open an element of election to the person of inherence.the observations of the supreme court in the matter of rajasthan state road transport corporation v. ..... for the sake of convenience, we reproduce opening part of the said bye-law.all claims (whether admitted or not) difference and disputes between a member and a ..... the opening part ..... relied upon for the purpose of propounding a submission that even disputes between two non members are regulated by the regulations/bye-laws of sebi/recognized stock exchange, we have quoted only opening part of regulation no. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(1)ALLMR604; 2008(2)BomCR780; [2009]147CompCas579(Bom); [2008]82SCL79(Bom)
..... such a legislation must be construed in a purposive manner having regard to the object, purpose and also underlying the legislation; and submitted that the securities and exchange board of india act, 1992 and the securities and exchange board of india (substantial acquisition of shares and takeovers) regulations, 1994, being regulatory in nature, therefore, in construing a regulatory statute, the principle of purposive interpretation must ..... 113 eg) i think the proper course is in the first instance to examine the language of the statute and to ask what is its natural meaning, uninfluenced by any considerations derived from the previous state of the law, and not to start with inquiring how the law previously stood, and then, assuming that it was probably intended to leave it unaltered, to see if the words of ..... laid down in raghunath bareja's case, it is quite clear that there is no equivocality, but there is difficulty to see how the words are incorporated in regulation 3(d) of the 1994 regulations:nothing contained in chapter iii of these regulations shall apply to acquisition of shares in companies whose shares are not listed on any stock exchange.91 ..... . on the other hand, several new provisions were introduced enabling both negotiated and open market acquisitions, competitive bids, revision of offer, withdrawal of offer under certain circumstances and restraining a second offer in relation to the ..... a decision of this court in universal imports agency (universal imports agency v .....
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