Court : Mumbai
..... it is the case of the respondent that since the petitioner, however, did not communicate their action though agreed in the meeting held on 8th march 2005, even after 4 months from the date of the said meeting, the respondent vide their letter dated 7th july 2005 once again requested the petitioner to settle the outstanding issues. ..... he submits that the finding of the arbitral tribunal that the period of limitation had commenced from 22nd august 2005 when the contract was short closed is totally perverse and contrary to the provisions of the limitation act, 1963. 26. ..... the respondent vide their letter dated 28th october 2005 reiterated the allegations made in the earlier correspondence and called upon the petitioner to fix a date to enable the parties to meet for working out amicable mutual settlement of final accounts including the revision of rates. ..... the arbitral tribunal also allowed claim at the rate of 1% as overhead for the period between 1st may, 1999 till 18th july, 2005 and allowed the said claim at rs.2,90,032/-. 97. ..... in addition to the said claim of overhead expenditure, the respondent also claimed overhead at the rate of 1% for the period between 28th february,1999 till 18th july, 2005 i.e. ..... the petitioner, however, vide their letter dated 18th july 2005 proposed the short closure to short closer of the subject purchase order and made various false allegations against the respondent. 10. .....
Tag this Judgment!Court : Mumbai
..... be, present and voting either in person or, where proxies are allowed under the rules made under section 643, by proxy, at the meeting, agree to any compromise or arrangement, the compromise or arrangement shall, if sanctioned by the tribunal, be binding on all the creditors, all the creditors of the class, all the members, or all the members of the class, as the case may be, and also on the company, or, in the case of a company which is being wound up, on the liquidator and contributories of the company: provided that no order sanctioning any compromise or arrangement shall be made ..... by the tribunal unless the tribunal is satisfied that the company or any other person by whom an application ..... here, the regional director seems to suggest that had the shares of sstl been listed on a stock exchange as ordered by the high court in 2005, sstl s valuation would have been determined on the basis of market forces and the shareholders of sstl would have not suffered a loss. .....
Tag this Judgment!Court : Mumbai
..... (air 2005 sc 104), wherein the apex court was pleased to find substance in the submissions of learned counsel therein that, unless and until a case of an irreparable loss is made out by the parties to the suit, the court should not permit the nature of property being changed, which also includes alienation or transfer of the property, which may lead to loss or damage being caused to the party, who may ultimately succeed and may further lead to multiplicity of proceedings and hence the order of the high ..... thus, in this case, it was held that, when a three-judge bench in 2005 ignored the view taken by another three judge bench of 2002, as the 2005 bench was bound by the view taken by earlier three-judge bench, the view expressed by 2002 bench, being earlier in point of time, is required to be followed. ..... (air 2005 sc 2209), wherein the apex court had an occasion to consider the effect of section 52 of the tp act in the context of provisions of rule 10 of order i, rule 10 of order xxii and section 146 of the code and it was held that an alienee pendent lite would ordinarily be joined as party to enable him to protect his interest, as he is bound by the decree passed in the suit. ..... farida khatoon, (2005) 11 scc 403, wherein the apex court had an occasion to consider the effect of section 52 of tp act in the context of the provisions of rule 10 of order i; rule 10 of order xxii; and section 146 of the code and it was held as under:- 16. .....
Tag this Judgment!Court : Mumbai
..... this is a decision of 17th september 2004, before the supreme court decision of 3rd may 2005 in church of north india; but, as i have noted, the supreme court did not, in paragraph 96 of church of north india, overrule the full bench decision or say it was not good law. 41. ..... referred to as the name of the public trust), (i) the names and addresses of the trustees and the manager, (ii) the mode of succession to the office of the trustee, (iii) the list of the moveable and immovable trust property and such descriptions and particulars as may be sufficient for the identification thereof, (iv) the approximate value of moveable and immovable property, (v) the gross average annual income of the trust property estimated on the income of three years immediately preceding the date on which the application is made or of the period which has elapsed since the creation of the trust .....
Tag this Judgment!Court : Mumbai
..... mirzapur moti kureshi kassab jamat and others (2005)8 scc 534), it was submitted that to satisfy the test of reasonable restriction, while imposing a total prohibition on the slaughter of bull and bullocks, it must be proved that a lesser alternative would be inadequate. ..... state of maharashtra (2005)2 scc 673)has categorically held that the law laid down by the supreme court in a decision delivered by a bench of larger strength is binding on any subsequent bench of lesser strength. ..... article 304(b) provides that, notwithstanding anything in article 301 or article 303, the legislature of a state may by law impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that state as may be required in the public interest .according to the learned judge, in the case of a law passed under article 304(b), the position on the question of burden of proof is somewhat stronger in favour of the citizen, because the very fact that the law is passed under that article means clearly that it purports to restrict .....
Tag this Judgment!Court : Mumbai Nagpur
..... is also the contention of the learned senior counsel for the petitioners that the two contractors-shashikant bambal and shri bhakte, oth submitted affidavits to the effect that the latter would have no objection if the works allotted to him were carried out by the former and the former would have no objection in accepting the payments for the works done by him at the rate quoted by the latter which were some what lower than the rates quoted by the former. ..... provision of section 72 is yet to take effect and it would take effect only when the rules regulating exercise of financial powers by the standing committee or the council would be framed by the state government and till the time such rules are framed, the standing committee or the council would continue to be governed by the old provision which prescribes the limit of rs.40,000/- for sanctioning execution of works relating to construction of road, bridge, building or water supply or drainage without obtaining any prior technical ..... since the performance of its functions by the municipal council of the petitioners, the earlier discussion has shown, must be regulated one way or the other and since no such regulation by prescribing the suitable terms and conditions has been put in place by the municipal council, katol, the principle of rule of law would demand that the municipal council abides by the executive directions of the state government and the guidelines contained in such instruments as the standing order ..... (2005) 8 scc .....
Tag this Judgment!Court : Mumbai Goa
..... the approval was addressed to the comunidade and we fail to comprehend how the licence which has been issued in favour of the comunidade could be utilized by the private respondents to put up the subject construction when there is no legal authority permitting the private respondents to put up such construction in the land belonging to the comunidade, considering the fact that the original records have not been produced before this court the authenticity of such documents cannot be verified. ..... the learned counsel further points out that even though it is contended that the private respondents were allotted the land as part of the rehabilitation on account of the removal of their kiosk located on the road widening, the subject road has not yet been widened, besides, there is no scheme or power under the code of comunidades to direct any rehabilitation of the persons, carrying on business in the kiosks located in the property of the comunidade, who are being displaced. ..... and others vs nandlal jaiswal and others reported in air 1987 sc 251, and in the case of dattaraj nathuji thaware v/s state of maharashtra and others reported in air 2005 sc 540 are not applicable to the facts of the present case. .....
Tag this Judgment!Court : Mumbai
..... the crz notification (a similar attempt to trivialize the mczma s crz recommendation was also attempted) to divert attention from serious environmental issues that would have arisen during such consideration of an application from the adarsh society for crz clearance including the fsi violation and violations of conditions in the letter of intent dated 18.01.2003, the final letter of allotment dated 09.07.2004, the memorandum dated 05.08.2005 for use of fsi of the adjoining best plot and the creation of the ..... adarsh plot from a road reservation and its inclusion in the ..... environmental clearance and in fact coming with the case that the environmental clearance is not necessary and alternatively coming with the case that the communications dated 11.03.2003 and 15.03.2003 constituted environmental clearance; (iii) not complying with the conditions stipulated in- (i) loi dated 18.01.2003 (condition no.7), (ii) letter of allotment dated 09.07.2004 (condition no.2), (iii) memorandum dated 05.08.2005 (conditions no.2 and 4) as also (iv) .....
Tag this Judgment!Court : Mumbai
..... be present and voting either in person or where proxies are allowed [under the rules made under section 643], by proxy, at the meeting, agree to any compromise or arrangement, the compromise or arrangement shall, if sanctioned by the court, be binding on all the creditors, all the creditors of the class, all the members, or all the members of the class, as the case may be, and also on the company, or in the case of a company which is being wound up, on the liquidator and contributories of the company; [provided that no order sanctioning any compromise or arrangement shall be made ..... by the court unless the court is satisfied that the company or any other person by whom an application .....
Tag this Judgment!Court : Mumbai
..... it is in these circumstances that after registering their protest and seeking information under the right to information act, 2005 that the petitioner challenged the nominations on various grounds set out in the petition. 7. ..... the representation in a municipality of (i) persons having special knowledge or experience in municipal administration; (ii) the members of the house of the people and the members of the legislative assembly of the state representing constituencies which comprise wholly or partly the municipal area; (iii) the members of the council of states and the members of the legislative council of the state registered as electors within the municipal area; (iv) the chairpersons of the committees constituted under clause (5) of article 243s: provided that the persons referred to in paragraph (i) shall not have the right to vote in he meetings of the municipality; (b) the manner of election of the ..... been made or the counsel of such party, the high court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the high court is closed on the last day of that period, before the expiry of the next day afterwards on which the high court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day .....
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