Judgment Search Results Home > Cases Phrase: the cochin makkathayam thiyya act 1940 Sorted by: recent Court: mumbai Page 1 of about 972 results (0.190 seconds)

The New India Assurance Co. Ltd. Vs. Bharati Adhik Patil and Others

Court : Mumbai

..... upon perusal of the provisions of the mv act and the wc act, it is clear that under the mv act, the compensation payable is on the basis of negligence and the liability is on the basis of tort, with an exception to section 140 of the mv act, and whereas under the wc act, the compensation payable is on the basis of strict liability, which is imposed by the statute itself. 30. ..... dyamavva (supra), though the claim was not allowed under the two acts, however, the claim was not filed under the workmen's compensation act but the employer has suo motu deposited the compensation under section 8 of the workmen's compensation act, 1923 and, therefore, the application under the motor vehicles act was considered as maintainable. ..... the compensation payable under the motor vehicles act is on the basis of the negligence and the liability is on the basis of tort and whereas under the workmen's compensation act, the compensation payable is on the basis of strict liability, which is imposed by the statute. ..... section 167 of the 1988 act statutorily provides for an option to the claimant stating that where the death of or bodily injury to any person gives rise to a claim for compensation under the 1988 act as also the 1923 act, the person entitled to compensation may without prejudice to the provisions of chapter x claim such compensation under either of those acts but not under both. .....

Shaikh Amjad Sk. Asad and Others Vs. the State of Maharashtra and Othe ...

Court : Mumbai Aurangabad

..... the judicial pronouncements of the honble apex court in the cases cited on behalf of the appellant/ accused in criminal appeal no.19/2011, it can be seen that the proof of the exercise of right of private defence is not as onerous on the accused claiming such right as it is on the prosecution, and preponderance of probability in favour of such plea is sufficient and the court, while considering the issue of extent of the right of private defence, has to pragmatically view the fact situation and is not expected to weigh the ..... on the courts judging the culpability of the accused persons to ascertain whether the act/s of every accused involved in the crime was/were done in the exercise of the right of private defence or not, if such plea is raised by anyone of the accused either before the trial court or before the appellate court ..... p.w.5 shaikh salmans conduct to shock him with a cut of his motorcycle evoked a violent response from p.w.5 shaikh salman and his relations p.w.1 feroz, p.w.7 afroz and the deceased nazir inasmuch as they assembled in front of his residence with arms in their hands salman with knife and others with wooden logs, and gave call amjadbahar ..... started beating him after he stepped out of his house; and when salman was about to assault him with knife, accused no.2 zarinabegum caught the knife and sustained a bleeding injury; and in a beating received by him, his right hand was fractured, and in an ensuing scuffle between him and salman thereafter ..... cochin .....

Shaikh Amjad Sk. Asad and Others Vs. the State of Maharashtra and Othe ...

Court : Mumbai Aurangabad

..... the judicial pronouncements of the honble apex court in the cases cited on behalf of the appellant/ accused in criminal appeal no.19/2011, it can be seen that the proof of the exercise of right of private defence is not as onerous on the accused claiming such right as it is on the prosecution, and preponderance of probability in favour of such plea is sufficient and the court, while considering the issue of extent of the right of private defence, has to pragmatically view the fact situation and is not expected to weigh the ..... obligation on the courts judging the culpability of the accused persons to ascertain whether the act/s of every accused involved in the crime was/were done in the exercise of the right of private defence or not, if such plea is raised by anyone of the accused either before the trial court or before the appellate court ..... shaikh salmans conduct to shock him with a cut of his motorcycle evoked a violent response from p.w.5 shaikh salman and his relations p.w.1 feroz, p.w.7 afroz and the deceased nazir inasmuch as they assembled in front of his residence with arms in their hands salman with knife and others with wooden logs, and gave call amjadbahar nikal ..... started beating him after he stepped out of his house; and when salman was about to assault him with knife, accused no.2 zarinabegum caught the knife and sustained a bleeding injury; and in a beating received by him, his right hand was fractured, and in an ensuing scuffle between him and salman thereafter ..... cochin .....

Smt. Satmabegum Mohammed Razak Khan Vs. Shri Satish Sahney and ors.

Court : Mumbai

Reported in : 1996(1)BomCR166; (1995)97BOMLR745

..... launching of prosecution of the persons involved for contravention of the various provisions of the acts in question and initiation of the adjudication proceedings, the directorate has also to consider whether there was necessity in the public interest to direct the detention of such person or persons under section 3(1) of the act with a view to preventing them from acting in any manner prejudicial to the conservation and augmentation of foreign exchange or with a view to preventing them from engaging in smuggling of goods etc. ..... quite obviously, in cases of mere delay in making of an order of detention under a law like the conservation of foreign exchange & prevention of smuggling activities act, 1974 enacted for the purpose of dealing effectively with persons engaged in smuggling and foreign exchange racketeering who, owing to their large resources and influence have been posing a serious threat to the economy and thereby to the security of the nation, the courts should not merely on account of delay in making of an order of detention assume that such delay .....

Dr. Rohit Desai Vs. the State of Maharashtra

Court : Mumbai

Reported in : 1993CriLJ2730

..... be cognizable; (b) no person accused of an offence punishable for an a term of imprisonment of five years or more under this act shall be related on bail or on his own bond unless - (i) the public prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the public prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that be is not likely to commit any offence while on bail ..... therefore, it was contended by shri lambay that it was only in order to see that the whole investigation is complete as regards whatever has been found at bombay, the police party proceeded to vapi and, therefore, the whole act of taking panch witnesses from bombay in the aforesaid circumstances cannot be called as a mala fide intention on the part of the investigating machinery. ..... after taking into consideration this evidence and after taking into consideration the chalans, according to me there is sufficient evidence on record to come to a conclusion that the prosecution has collected evidence to prima facie show the involvement of the petitioner in the alleged offences under the narcotic act. ..... act, it is contended on behalf of the petitioner that the principles of section 100 of the criminal procedure code read with section 166(4) of the criminal procedure code are applicable in the fact and circumstances of the present case. .....

Nensukhdas Shivnaraen Vs. Birdichand Anraj

Court : Mumbai

Reported in : AIR1917Bom19; 43Ind.Cas.699

..... we will now consider how far that liability extends, it is contended for the plaintiffs that the defendants are liable for all acts of the muccadams done in relation to the plaintiffs' goods from the time when the muccadams first took charge of them till the 30th of september 1913, when it was found that 117 bales were missing.14. ..... ' there does not appear to be any reason why the acts,' for which the agent as principal of the sub-agent is to be responsible to his own principal, should be 'acts' falling under a more ex-tended category than the facts' contemplated in sections 182 and 188 and the first clause of section 192. ..... the 'acts' for which the principal is responsible must be 'acts' of the nature contemplated in section 182, that is, acts of the class which be is employed to do and such auxiliary acts as are contemplated in section 188. ..... under section 188 an agent, having authority to do an act, that is, an act of the nature contemplated in section 182, has authority to do every lawful thing which is necessary in order to do such act, and an agent having an authority to carry on a business has authority to do every lawful thing necessary for the purpose, or usually done in the course, of conducting such business. ..... must, therefore, be taken to be the lawfully appointed sub-agents of the defendants and the defendants are liable for the defaults of the muccadams to the extent indicated in chapter x of the indian contract act. .....

T.A.I.Pharma Ltd. Vs. Wockhardt Ltd.

Court : Mumbai

..... in the said case,the learned single judge was dealing with the appeals against the order of the trial court on the notice of motion taken out under section 34 of the arbitration act,1940 (for short `the old arbitration act'). ..... the suit was filed on the 5th february, 1974, and this application was made under section 34 of the arbitration act, 1940, on the 12th march, 1974. ..... this position flows from section 32 of the negotiable instruments act which lays down that in the absence of a contract to the contrary, the maker of a promissory note and the acceptor before maturity of a bill of exchange are bound to pay the amount thereof at maturity according to the apparent tenor of the note or acceptance respectively, and the acceptor of a bill of exchange at or after maturity is bound to pay the amount thereof to the holder on demand. ..... this is an application under section 34 of the arbitration act, 1940. ..... in support of the appeal, the learned counsel for the appellant urged that the learned single judge has completely ignored that section 45 of the arbitration and conciliation act,1996 (for short `the said act of 1996') starts with a non-obstante clause. ..... the defendants agreed to act as agents of the plaintiffs' products for the purpose of importing/stocking the products and selling the products as instructed at the risk of the plaintiffs. 3. .....

Larsen and Toubro Limited and Another Vs. Hindustan Petroleum Corporat ...

Court : Mumbai

..... it is important to note that the 1996 act was enacted to replace the 1940 arbitration act in order to provide for an arbitral procedure which is fair, efficient and capable of meeting the needs of arbitration; also to provide that the tribunal gives reasons for an arbitral award; to ensure that the tribunal remains within the limits of its jurisdiction; and to minimise the supervisory roles of courts in the arbitral process. 17. ..... considering the scope and purpose of section 34 of the arbitration act read with the power of learned judge to interfere with the finding of facts, arrived at by the learned arbitrator based upon the possible agreed method to deal with the claims and by taking the reasonable view by keeping in mind the nature of the work, based upon the contract, ought not to have been quash and set aside. ..... from the above decisions, the following principles emerge: (a) an award, which is (i) contrary to substantive provisions of law; or (ii) the provisions of the arbitration and conciliation act, 1996; or (iii) against the terms of the respective contract; or (iv) patently illegal; or (v) prejudicial to the rights of the parties; is open to interference by the court under section 34(2) of the act. .....

Akashaditya Harishchandra Lama Vs. Ashutosh Gowarikar and Others

Court : Mumbai

..... if there appears on his part any attempt to overreach or mislead the court by false or untrue statements or by with holding true information which would have a bearing on the question of exercise of the discretion, the court would be justified in refusing to exercise the discretion or if the discretion has been exercised in revoking the leave to appeal granted even at the time of hearing of the appeal. ..... plaintiff states that on 1st october 2007, the script of mohenjodaro, under the title of saamrajya, was applied for registration under the copyrights act with ministry of human resources development, department of secondary education and higher education, and copyrights office of government of india. ..... lama says that he found it difficult to come by sufficient research material, a claim that i find hard to believe given that the site itself had by then been documented for nearly a three-quarters of a century years, but we will let that pass. ..... there were further excavations in the mid 1940s, including by sir mortimer wheeler; excavations continued till the mid 1960s. ..... , (2016) 2 scc 521; francis day and hunter ltd v twentieth century fox corporation ltd, air 1940 pc 55).in fairness, mr. .....

Raymond Limited Vs. Raymond Pharmaceutical Pvt. Ltd.

Court : Mumbai

..... what is left is to be considered, therefore, is only the order of the division bench, which was the subject matter of the appeal before the supreme court in the special leave petition filed by the plaintiff and it cannot be contended by the defendants that the order of the learned single judge still survives and the defendant cannot take any support from the said order and plaintiffs are entitled to urge their case for injunction under section 29(4) of the trade marks act, 1999. 40. ..... there were number of possibilities that were set out such as (1) the date when the plaintiff first learnt of the defendants' activities in the country; or (2) the date on which the plaintiff, if he did so, made it clear to the defendant that he would be liable to have action taken against him if he started operations ; or (3) the date on which the defendant actually started operations; and that the plaintiff should have acted with reasonable promptitude as soon as he had learnt of the commencement of the defendant's activities. ..... (supra) and submitted that in that particular case, plaintiff's goods were 'drugs' within the meaning of drugs and cosmetics act, 1940. .....