Court : Mumbai
Reported in : 1993(2)BomCR329
..... such relief could be termed inequitable -- madamsetty satyanarayana v. yelloji rao, : [1965]2scr221 and prakash chandra v. angadlal : air1979sc1241 . next is the almost universal grant of injunctive relief to prevent even a threatened breach of a negative covenant. reliance in support of this contention is placed on parma singh v. tulsicharan goswami, ..... preventive injunctions a covenantor and covenantee may occupy the position contemplated by the presumption. section 11 mandates specific performance subject to the exceptions of the act where the act agreed to be done is in the performance, wholly or partly, of a trust. section 14(1)(a) stipulates a non-performance decree where ..... defendant that of keeping the same unbuilt upon and provide convenient ingress and egress? 15. (a) does defendant no. 1 establish that it entertained and acted upon a bona fide belief about the height restriction covenant being limited to site under the existing garages? (b) if so, whether enforcement of the height .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(3)BomCR387; (1993)IILLJ568Bom
..... static component needs to be linked to an appropriate index number with provision of escalation with rise in index, on a sliding scale. february 10, 1993 92. it would be convenient to make the compensatory payment, the dynamic component, available once in six months by taking six monthly average of the consumer ..... terms of the reference. it is not possible to accept the contention that 'pensioners' are not 'workmen' within the meaning of section 2(s) of the act. for reasons sufficiently elaborated earlier in the judgment, the contention must fail. notwithstanding the fortuitous use of three different expressions, 'workers', 'pensioners' and 'employees', ..... other adjudicatory authorities when an industrial dispute has been referred to the national industrial tribunal. 40. the provisions of section 10 of the industrial disputes act which vests power of reference of an industrial dispute to adjudication, also need notice. power of the appropriate government to refer a matter for industrial .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(3)BomCR692
..... .18. one more aspect which requires consideration is the ordinances framed by the marathwada university and/or other universities as these private medical colleges are all recognized and affiliated to marathwada university or other universities in the state. in this connection, we may refer to the provision of the marathwada university act also as the provision in this connection is almost similar to as given in ..... passed 12th standard examination from outside the state of maharashtra.5. the government has framed rules for admission to first year m.b.b.s. course for the year 1992-1993. relevant rule regarding qualifying examination and eligibility reads as under:'qualification.---the qualifying examination for admission to medical college is --- (i) ... ... ... (ii) the indian school certificate (standard xii) examination of .....
Tag this Judgment!Court : Mumbai
Reported in : II(1993)DMC10
..... of the marriage. thus, the subsequent demand during the continuous process of marriage would be continuous offence under the provisions of section 4 of the dowry prohibition act. if the demands of dowry are made at the different places, the courts under whose jurisdiction the said demands are made and each offence being an independent ..... the demand of rs. 50,000/- to come to the conclusion that whether those circumstances would come under the preview of section 4 of the dowry prohibition act. similarly, it has not considered whether the sessions court, trying the accused for the major offences punishable under the provisions of indian penal code is precluded ..... findings of acquittal against the respondents/accused for the offences punishable under section 306 of the indian penal code and under section 4 of the dowry prohibition act, according to the learned counsel for the appellant/state, the learned trial judge has not appreciated the facts and circumstances, as also the legal provisions in .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(3)BomCR663
..... the innocent. it was in this context that the supreme court sounded a caution that the liberty of the citizen was precious one guaranteed by article 3 of the universal declaration of human rights and also article 21 of the constitution of india and its deprivation can be only in accordance with law. with respect, there can be ..... was trying to tamper with the evidence. he invited my attention to the statement of rehman abdul jabbar alias pappu recorded on 18th november, 1992 and 1st january 1993 which showed that the applicant had administered threats to this witness. he further contends that after having obtained anticipatory bail from this court on 20th november, 1992 the ..... the prosecutrix is, after all a 'call-girl'. iii) the alleged threats to the witnesses are a totally fabricated story and the applicant has indulged in no such acts so as to dis-entitle him to bail. iv) the affidavit of a.c.p. babar filed in this application contains several incorrect statements and is not worthy of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1993)47ITD103(Mum.)
..... that arose on these facts was whether these unclaimed wages and bonus were taxable in the year under consideration under section 41(1) of the income-tax act.the hon'ble rajasthan high court held that where amounts represent time-barred trading liability of the assessee, there is neither remission nor cessation of the trading ..... a distinction between real profits ascertained on commercial principles and profits fixed by the statute for a specified purpose. under section 10(1) of the indian income-tax act, 1922, profits and gains of a business carried on by an assessee are not profits regulated by any statute, but profits in a business computed on commercial ..... assessee also undertook to refund to the customers the balance amount. in these circumstances, there is no benefit to the assessee as contemplated by section 41(1) of the act, by way of complete remission or cessation of the liability, as laid down by the high courts of allahabad, madras, madhya pradesh, calcutta, punjab and haryana, .....
Tag this Judgment!Court : Mumbai
Reported in : 1994(2)BomCR256; 1994CriLJ2000; 1994(1)MhLj140
..... deposed that he was assistant state examiner of documents who was appointed in 1981 by the state of maharashtra; that he was b.sc. (hons.) of the pune university and had taken 2 years training from the department of handwriting science. on 6th november 1989, he had received the above specimen handwritings vide letter dated 25th october ..... sub-silentio and cannot operate as a binding precedent. in this connection the judgment of this court in the case of kahibai v. state of maharashtra, reported in 1993 mah lj 1168 , may be usefully referred to regarding the doctrine of per incuriam. '.......... a decision rendered in ignorance of a statute or a binding authority is ..... dudhat and m. f. saldanha, jj.) in the case of manohar peeraji v. state of maharashtra, reported in 1993 mah lj 782. in that case, the accused stood convicted under section 8(c) read with section 21 of the ndps act. the prosecution examined only one of the two witnesses who saw the seizure. the person examined was held not to .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(2)ALT(Cri)11; 1994(4)BomCR51; (1994)96BOMLR239; 1994CriLJ1447
..... as it reads 'whoever conspires or attempts to commit, or advocates, abets advises or incites or knowingly facilitates - the commission of, a terrorist act or any act preparatory to terrorist act, shall be punishable with imprisonment for a term which shall not be less than five years.....'. the learned judge has thereafter found that though strictly ..... fact which is alleged against the petitioner is in respect of the discovery under section 27 of the evidence act. as already, pointed out, the petitioner alongwith others was arrested on the night between 17th/18th april, 1993. soon after the arrest, it is the case of the prosecution that, the petitioner in consequence of the ..... of 1987) (hereinafter referred to as 'the tada act'), on the ground that the provisions of the said act are not applicable to the fact which are alleged against him. he has also prayed for grant of bail. on the night between 17/18th april, 1993 three persons, which included the petitioner, came to be arrested. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1994Bom304; 1995(1)BomCR596
..... muthusami's case (cited supra) have already been mentioned above. the high court had interfered when the list of contesting candidates was also final. in gujarat university's case (cited supra) the election process was complete, result was announced and though there was an alternate remedy provided by a mandatory provision, the disputants ..... karkhana limited and etc. v. shrinivas patil (cited supra) has relied on s. t. muthusami v. k. natarajan, : [1988]2scr759 and the case of gujarat university v. n. u. rajguru, : [1988]1scr899 . neither of these cases lay down unexceptionable rule that there should be no interference even at the stage of preparation of ..... has already started (ii) whether the collector, ahmednagar, respondent no. 2 was within his jurisdiction and had acted validly as per rules in extending the qualifying date from 30th june, 1993 to 31st december, 1993 by exercising his powers under proviso to rule 4(1} of the maharashtra specified co-operative societies elections to .....
Tag this Judgment!Court : Mumbai
Reported in : 1994(4)BomCR465; [1995]83CompCas1(Bom); (1995)ILLJ1099Bom
..... ltd. and lakshmi mills co. ltd., in re [1980] 50 comp cas 623. there are various methods of arriving at a break up value but it is universally accepted that the quotation of a share on the stock market provides a largely reliable index. keeping the aforesaid principles in view, let us notice some material facts on ..... industries (assocham) on the subject of pricing of preferential allotment of shares to indian promotors and foreign collaborators. this is clear from the confidential communication dated march 18, 1993, issued by the secretary general of the assocham to the members of the managing committee, special invitees and promoter chambers. hll's earning per share for the year ..... being made for raising foreign equity of 51 per cent. by passing a special resolution under section 81(1a) of the act. this was done by the extraordinary general meeting of hll on june 30, 1993. the above change in the new industrial policy was also confirmed by the answer to a question on the new pricing formula .....
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