Court : Mumbai
Reported in : AIR1992Bom309; 1991(4)BomCR631; (1991)93BOMLR183
..... this case shows that in the very exceptional circumstances and in very special cases, the courts would he duty bound to grant the temporary injunction sought for and the recognised exceptions to the general rule could not be placed in a straight jacket.21. ..... for the manufacture of goods to be supplied to 'international development association , or international bank for reconstructions and development of bilateral or multilateral aided projects when imported into india' from customs duty payable under the customs tariff act, 1975 and the whole of the additional duly livable thereon. ..... 1, relied on the following passage from commentary of pollock and mulla on indian contract and specific relief act, 10th edition, at page 148. ..... tt is clear from the judgment of the privy council in pao on's case that the privy council would have granted the relief to the appellant if the factual allegations were proved and if these allegations constituted 'economic duress' as known to law. ..... 1 has submitted that no such declaration is asked for in the plaint and the reliefs claimed in the plaint are only to the effect that the demand made by defendant no ..... lord diplock equated the rationale behind recognition of economic duress as a ground of relief by observing inter alia at page 813 as under:-- 'it is a rationale similar to that which underlies the avoid ability of contracts entered into and the recovery of money exacted under colour of office or under influence or in consequence of threats of physical .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951
..... environmental action group inter alia, praying for the reliefs that the lands acquired under the maharashtra private forest acquisition act, 1975 have not been recorded in the record of rights ..... case of godrej), in 1957 (in case of oberoi constructions) and in 1957 (in the case of nanbhoy jeejeebhoy) cannot be relied upon by the state government as notices falling under section 2(f)(iii) of the 1975 act because (i) in the case of oberoi constructions they are subsequent transferees and it is not shown that the notices of 1957 in their cases were served on the then owners as required by section 35(5) and mandated ..... the year 1956 and 1957 were expressly in respect of 'forest' (not 'lands'); it is submitted that after the insertion of section 34a (interpretation clause in chapter v by the bombay act 62 of 1948) - by which act the expression 'or land' were also expressly deleted in section 35(3), the clear intention of the state legislature was that lands had first to be declared as 'forests' under the provisions of section ..... conservation of water, prevention of erosion of soil and for improvement of land and underground water resources to the best interest of agriculture and agriculturists in such private forests and other lands in the state, and for undertaking schemes (for such purposes. ..... pending the enquiry, the show cause notice imposed temporary restrictions on the cutting and removal of trees or the clearing of vegetation on the said lands 'for a period of six months or till the .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR683; 2007(6)BomCR100; (2007)109BOMLR1847
..... emphasizing on 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 ..... been said by this court in kasturi lal:it must follow as a necessary corollary from this proposition that the government cannot act in a manner which would benefit a private party at the cost of the state; such an action would be both ..... than eight years with almost no explanation, as is evident from the paragraph reproduced above ...the doctrine of full faith and credit applied to the acts done by the officers and presumptive evidence of regularity of official acts done or performed, is apposite in faithful discharge of duties to elongate public purpose and to be in accordance with the procedure prescribed. ..... entry 17 provides that proposal involving alienation either temporary or permanent by way of sale, grant or ..... upon the maharashtra government rules of business and instructions issued thereunder, contended that every minister of the government is obliged to act in accordance with the rules and established procedure for running the administration. ..... : [1975]2scr674 , the supreme court laid new dimensions of administrative law and held that before a party could be blacklisted for dealing with the state in commercial items, it was entitled to a .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(1)BomCR35; (1990)92BOMLR533
..... similarly, in rattan arya's case (supra) supreme court struck down section 30(ii) of tamil nadu buildings (lease and rent control), 1960, which classified buildings fetching rent of over rs. ..... day of september 1940 or date of first letting of the premises was bad, clauses (a) to (d) of section 11 of the bombay rents, hotel and lodging house rates control act, 1947 should be also struck down at the same time maintaining as valid the opening words of section 11(1), clauses (d-1) and (e) of the act: so that when either the landlord or the tenant approaches the court for fixation of standard rent the court would be in a position, under opening words of section ..... setalvad has submitted that although the rent act was enacted as a temporary measure by amending from time to time sub-section (2) of section 3 of the rent act, maharashtra legislature has extended the act and it is now due to expire on 31st day of march 1991. ..... it is not at all relevant that the provisions of previous sub-section (3) which has been substituted by the present sub-section (3) was more stringent in matter of granting relief against forfeiture on the ground of arrears of standard rent and permitted increases, if any. ..... anita pan, : [1975]2scr774 while upholding the prospective operation of an amendment in west bengal premises tenancy act had mentioned of shocking scarcity of accommodation and the problem of social justice which compelled the enactment and the control of rent and eviction laws. .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(2)BomCR428
..... on the forfeiture being incurred as observed in dhanpal's case 'the tenant becomes liable to be evicted and forfeiture comes into play only if he has incurred liability to be evicted under the state rent act and not otherwise'.81. it was next contended by shri mahendra shah, the learned counsel, in this filed that the words 'has become entitled to possession' clearly postulate that a suit could fall under ..... is a strong pointer in that behalf, in further observations in the same ratio by the supreme court when the provisions of tamil nadu rent act were being considered. ..... letting if after the landlord gives a notice of termination on the ground of unlawful sub-letting the sub-tenant vacates in which case the landlord will not be able to get relief against the tenant inspite of unlawful sub-letting and thereby the tenant can foil attempt of landlord to obtain possession every time by getting the sub-tenant vacated ..... . 665 it was observed that in order to determine the character of the structure whether it is a permanent or a temporary one the nature of the structure, the nature of the materials used in the structure, the manner in which the structure is erected, the purpose for which the ..... it is worth nothing in that behalf clause 10 of tenancy agreement dated 28th december, 1975 which reads as :'tenant admits and hereby agrees that if she commits breach of any of the aforesaid terms and conditions, the landlord shall be at liberty and entitled ..... an agreement dated 29-12-1975, which was to ..... .....
Tag this Judgment!Court : Mumbai
Reported in : 1994(4)BomCR219
..... ;xi) she used to take drinks.xii) not only she would take non-vegetarian food in the house but she cooked the same at the utter disliking and annoyance to the petitioner at the said temporary shelter and at the old residence at the annoyance of all inmates of the said house;xiii) the respondent in fit of anger serveral times bite, made bruises over petitioner's body and torn his clothes ..... it is, therefore, essential to first of all decide as to whether the party who has approached the court namely the petitioner-husband in this case has qualified for the grant of relief within the four corners of the law and if that is so, then alone a court would be justified in granting a decree of divorce or nullity as the case may be ..... are conscious of the fact that in a matrimonial proceeding a court would normally not refuse a relief but this is one of the exceptional cases where the petitioner himself has totally disqualified himself.16. ..... need to however clarify here that howsoever important this aspect of the matter is, that under the hindu marriage act, even if a marriage is irretrievably broken down it is still necessary for a party seeking a relief to be able to come within the four corners of the section which prescribes the grounds on which such reliefs can be granted. ..... dastane, reported in : [1975]3scr967 wherein the supreme court considered a series of situations in paragraphs 50 and 51 and ultimately concluded that conduct of that type constituted the matrimonial offence of cruelty. .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(1)MhLj658
..... in other words, as a result of insertion of section 10-a in the indian medical council act, 1956 by the central act, with effect from 27-8-1992, the proviso to section 5(5) of the medical university act has ceased to apply in the matter of establishment of a medical college in the state of tamil nadu and its affiliation to the medical university and for the purpose of establishing a medical college permission of the central government has to be obtained in accordance with the provisions of section 10-a. ..... by virtue of these clauses, it is expressly made clear that the small causes court can have no jurisdiction to consider the relief of recovery of immovable property or for determination of any other right to or interest in immovable property. ..... -where a person has a permanent dwelling at one place and also a lodging at another place for a temporary purpose only, he shall be deemed to reside at both places in respect of any cause of action arising at the place where he has such temporary lodging.explanation iii. ..... the mumbai port trust is the owner thereof who vide letter dated 26th february, 1975 gave the said premises on lease to the petitioners. ..... aney,secretary,nagpur, dated the 24th november 1975. ..... antulay,nagpur, dated the 24th november 1975. .....
Tag this Judgment!Court : Mumbai
Reported in : [2002]109CompCas18(Bom)
..... 1975] 1 all er 504, the house of lords further observed at page 510 as follows : 'the use of such expression as 'a probability', 'a prima facie case', or 'a strong prima facie case' in the context of the exercise of a discretionary power to grant an interlocutory injunction leads to confusion as to the object sought to be achieved by this form of temporary relief ..... the shares are being sought to be acquired ;(ii) the identity of the ultimate person seeking to acquire shares ;(iii) details of the existing holdings of the person acquiring shares together with those of persons acting in concert with him ;(iv) details of shareholdings in respect of which the person acquiring shares has entered into an agreement or memorandum of understanding to acquire the shares ;(v) intention of acquisition of shares ;(vi) ..... 12 initially commenced with distributing their products in various states including the state of tamil nadu, andhra pradesh and kerala, but the relationship between the mallya family and the reddy family dates back to a generation ..... : (a) the total number of shares to be acquired from the public, subject to a minimum as specified in regulation 21 ;(b) the statutory approvals under the companies act 1956 (1 of 1956), monopolies and restrictive trade practices act, 1969 (54 of 1969), and foreign exchange regulation act, 1973 (46 of 1973), required to be obtained for the purpose of acquiring the shares ; and(c) approvals to be obtained from shareholders of the company of which the .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR736; 2007(3)BomCR898
..... which he completes six months continuous service or has actually worked for not less than 60 days within the period of three months or less in that factory or other establishment or in any factory or establishment to which the act applies under the same employer, or partly in one and partly in the other or has been declared permanent in any such factory or other establishment whichever is earliest.on 16 january 1981 period of six months in above clause ..... state of tamil nadu (supra), particularly discussion contained in paragraphs 47, 62, 63 are pointed out to show that burden to show employer-employee relationship was upon respondent department and discussion of precedents in paragraphs 71 to 94 is also pressed into service to point ..... further relief claimed is to restrain authorities of provident fund department from enforcing order of central government dated 23rd september, 1980 in respect of daily wage construction workers or purely casual and temporary construction ..... union of india : [1975]98itr209(sc) , it is unnecessary to dilate on the matter any further:for a proper appreciation of the points involved, it is necessary to have a general idea of the nature and purpose of a 'removal of difficulty clause' and the power conferred by it on ..... union of india : [1975]98itr209(sc) this court had held thus:to keep pace with the rapidly increasing responsibilities of a welfare democratic state, the legislature has to turn out a plethora of hurried legislation, the volume of which is .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(2)ALLMR138; 2005(2)BomCR773
..... state of tamil nadu, and : (2000)illj1099sc ..... in purely temporary capacity and hence, could not have been granted relief of reinstatement. ..... he was posted at faizabad in the same capacity on 3rd october, 1975 and thereafter, he received communication dated 12-1-1976 from the managing director mentioning that one person by name jai chandra lal complained that the employee had fraudulently ..... he contends that the school tribunal has acted without jurisdiction in granting relief of reinstatement with full back wages to employee like respondent ..... it is provided under sub-section (3) of section 5 of the act that if in the opinion of the management, the work or behaviour of any probationer during the period of his probation, is not satisfactory, the management may terminate his services at any time during the said ..... if sub-section (3) of section 5 of the act and sub-rule (6) of rule 15 of the rules are read conjointly, it can very well be inferred that adverse remarks need not be communicated to a probationer in order to grant him opportunity to improve upon the same or ..... considering the scheme of the act and the rules, it can he said that sub-rule (6) of rule 15 is the only, relevant rule as far as employees on probation ..... filing above mentioned appeal under section 9 of maharashtra employees of private school (conditions of service) act, 1978 (hereinafter referred to as 'meps act') before respondent no. ..... view, is not contemplated either under section 5(3) of the act or rule 15(6) of the rules. .....
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