Judgment Search Results Home > Cases Phrase: the kerala tolls act 1976 Court: mumbai Page 6 of about 6,927 results (0.189 seconds)

Union Bank of IndiA. and ors. Vs. the State of MaharashtrA. and ors.

Court : Mumbai

..... considering these vital undisputed facts as well as in view of the legal position emerges from the above referred decisions on the subjects and in view of the scheme of the provisions of section 14 of the sarfaesi act, the district magistrate, in our considered view, had no jurisdiction, power or authority to reconsider the issue which was finally concluded by the order dated 17th july 2008, at the behest of the concerned respondents and adjudicate as to whether the land, viz. ..... the jurisdiction exercised by the magistrate under section 14 of the sarfaesi act being limited only to assist the secured creditor in taking possession of the secured assets, had no jurisdiction or authority to adjudicate and decide the issue about the status of the lands and exclude them from the purview of the sarfaesi act as provided under section 31(i) of the sarfeasi act since dm has no jurisdiction to entertain any dispute relating to secured assets. ..... reported in air 2010 kerala 13, and a decision of the gujarat high court in the case of bank of india v. ..... )783, a decision of the kerala high court in case of smt. ..... (cited supra) the learned single judge of kerala high court in paragraph 7 has observed thus:"7. ..... state of kerala (2008 (2) klt 736) : (air 2008 ker 65) and muhammed asharaf v. .....

Fardeen Feroz Khan Vs. Union of India (Uoi), at the Instance of Narcot ...

Court : Mumbai

Reported in : (2007)109BOMLR358; 2007CriLJ1758

..... 78 of 2006 in the honble special court praying for amendment of the complaint, to specify the quantity involved in the allegation against him in order that he could prepare an appropriate legal defence within the context of the provisions of ndps act as amended by act 9 of 2001 ('the 2001 act'). ..... in the earlier order passed by the special judge rejecting the request for amendment of the complaint, he has referred to the submission of the applicant with regard to the applicability of amended provisions of ndps act. ..... 1 and 3 alongwith other known and unknown persons have entered into conspiracy to commit an offence under the ndps act with an intention to possess, sale, purchase and transport cocaine, a narcotic drug in contravention of the provisions under the act and thus committed offences under section 29 read with 8(c) and 21 of the ndps act, 1985. ..... 1 in his statement under section 67 of the ndps act recorded on 5.5.2001, stated that while in the car with the applicant, it was agreed that he would give the applicant 1 gm of cocaine out of the 9 gms in his possession. ..... in 2004 (3) kerala law times pg.270 (shaji v. ..... kerala state) bail application nos. .....

Jeweltouch (India) Pvt. Ltd. Vs. Naheed Hafeez Quraishi and ors.

Court : Mumbai

Reported in : 2008(2)ALLMR285; 2008(2)ARBLR321(Bom); 2008(3)BomCR217; 2008(3)MhLj54

..... when a party seeks an interim relief asserting that there was a dispute liable to be arbitrated upon in terms of the act, and the opposite party disputes the existence of an arbitration agreement as defined in the act or raises a plea that the dispute involved was not covered by the arbitration clause, or that the court which was approached had no jurisdiction to pass any order in terms of section 9 of the act, that court has necessarily to decide whether it has jurisdiction, whether there is an arbitration agreement which is valid in law and whether ..... 1 to 7 in the petition under section 11 of the arbitration and conciliation act, 1996 filed by the petitioner would demonstrate beyond doubt that the existence of the arbitration clause has not been denied and it is only the invocation of the arbitration agreement which has been disputed; (v) the scheme of the act of 1996 particularly sections 7 and 16 would establish that a dispute of the nature would be arbitrable and that the arbitration clause would survive even if it was the contention of one of the parties that the condition precedent which would release the document from .....

Prabhat Mahadav Naik Vs. the State of Maharashtra

Court : Mumbai

Reported in : 2007CriLJ2569

..... 2 rajesh made a confessional statement wherein he informed that he had sold the gold bracelet, which was received by him in the theft committed in the hyderabad express train in december, 2001, to p.w.4 ramesh mithalal jain, a jeweller at kurla. ..... ramdas jaywant karpe (p.w.9) that a gang of persons, who used to give intoxicated drugs and after making the passengers unconscious used to commit thefts, were expected to come to grant road, pilla house, bombay. ..... p.w.4 ramesh deposed that in november, 2004 rajesh was brought to his shop by the police and at that time, he himself produced the said bracelet before the police and the same was seized under panchanama. ..... in view of the provisions of section 114 of the evidence act, it can be presumed that the accused no. ..... accused nos.1 and 5 were identified as the persons who were sitting on the loft while remaining accused were identified as the person who were sitting on the opposite loft in the same coach. ..... has been established against accused nos.1 & 2 and the learned trial court has rightly convicted both of them for the offences punishable under section 328 and 379 r/w. 34 of i.p.c.12. ..... 2 himself had committed the offence or he was one of the persons who had committed the offence and that is how he had come in possession of the said bracelet and within a short period thereafter, he had disposed it off. .....

The State of Maharashtra Vs. Balasaheb Kashinath Shendage

Court : Mumbai Aurangabad

..... held that in dealing with appeals against acquittal, the appellate court must bear in mind the following: (i) there is presumption of innocence in favour of an accused person and such presumption is strengthened by the order of acquittal passed in his favour by the trial court, (ii) the accused person is entitled to the benefit of reasonable doubt when it deals with the merit of the appeal against acquittal, (iii) though, the power of the appellate court in considering the appeals against acquittal are as extensive as its powers ..... 162 of the code bearing in mind the object of the said section and section 145 of the evidence act, it is clear that an accused in a criminal trial has the right to make use of the previous statements of a witness including the statements recorded by the investigating agency during the course of an investigation for the purpose of establishing a contradiction in the evidence of a witness or to discredit the witness. ..... the honble supreme court in the case of state of kerala [supra], held that, the use of the previous statement recorded under section 161 of the code is controlled by section 162 of the ..... trial as held in the case of state of kerala [supra], the previous statement of a witness can be used by the accused for the limited purpose mentioned in section 162 of the code as provided for ..... the learned counsel appearing for the respondent accused in support of his arguments placed reliance in the case of state of kerala ..... state of kerala, [1998] 5 scc .....

Runwal Homes Pvt. Ltd. and Another Vs. Municipal Corporation of Gr.Mum ...

Court : Mumbai

..... which are in favour of the petitioners include request and representation of the petitioners since january 2010 ..... certain initial steps have already taken by the respondent-corporation for preparing proposal for multi specialty hospital and therefore as the public money has been spent by the corporation for the same, we are inclined to direct the petitioners to pay the actual amount spent for advertisement, documentation, the consultants' fees and other expenses incurred towards the same within two weeks from the receipt of communication by the corporation to the petitioners giving the break up of the actual amount spent. 22. additional factors ..... respondents nos.1 to 4 are the authorities under the provisions of the mumbai municipal corporation act, 1888 (for short mmc act ?). ..... act), the government of maharashtra sanctioned the amendment to development control regulations for greater mumbai, 1991 (d.c. ..... by notification dated 14 may 2007 issued under section 37(2) of the maharashtra regional and town planning act, 1966 (the m.r.t.p. .....

J.S. Parkar Vs. V.B. Palekar and ors.

Court : Mumbai

Reported in : [1974]94ITR616(Bom)

..... consisted of forward contracts which were admittedly not in violation of any prohibition imposed under the forward contracts (regulation) act, 1952, while the other consisted of forward contracts which, according to the revenue, were in violation of the prohibition imposed under sections 15(1) and 15(4) of that act, that the assessee obtained a profit in the first class of contracts and incurred a loss in the latter class, that the assessee also obtained profit in its other business which did not consist of forward contracts. ..... : (1) whether it is a case of no evidence whatsoever for drawing an inference of ownership of the gold in question in the petitioner or whether it could be said that there was some material before the taxing authorities on the basis of which a reasonable body of persons could draw the inference about the ownership of the gold in the petitioner and (2) whether the loss arising from the confiscation of the gold in question for infraction of law sustained by the petitioner falls in the category of commercial loss so as to become an allowable deduction while computing ..... our attention to the judgment of the kerala high court in the case of hajee ..... hajarnavis for the revenue drew our attention to a judgment of the kerala high court, commissioner of income- ..... in the kerala case, there was at least ..... it is unnecessary to discuss the facts of this case inasmuch as the division bench of the kerala high court in that case was dealing with a provision which affected both .....

Oriental Insurance Co. Ltd. Vs. Pritam Rajiv Shetty and anr.

Court : Mumbai

Reported in : II(2006)ACC636; 2007ACJ444; 2006(4)BomCR863; 2006(3)MhLj237

..... moreover, we may also notice that the claim application is not a plaint governed by the code of civil procedure or it is not a civil suit but it is the special proceedings under the special act and, therefore, the law of which strict compliance is required while filing the civil suit cannot be applied while dealing with the proceedings under the special act.9. ..... has filed the instant appeal under section 173 of the motor vehicles act, 1988 (for short 'the act') against the judgment and order dated 19th and 21st june, 2002 rendered by the motor accident claims tribunal on application no. ..... had the claimant joined the drivers and insurers of the vehicles, involved in the accident, the tribunal could have held them jointly and severally responsible and in that case the claimant could have recovered it either from the driver/owner or insurer of motor-cycle or of tempo or of the truck. ..... the appellant for the first time in the instant appeal has raised the contention that they are responsible only to the extent of l/3rd of the liability since two more vehicles were involved in the accident and were equally responsible for the same. ..... the amount deposited by the appellant under section 173 of the act be refunded in accordance with law. ..... 2 as contemplated under section 170 of the act was granted to the appellant.2. .....

Smt. Mannabi Shamsi Vs. B.B. Gujral

Court : Mumbai

Reported in : (1979)81BOMLR476

..... which needs to be mentioned in this connection is that whereas the telephone bill in question is for the period from october 6, 1975 to january 24, 1976, admittedly by an order dated february 4, 1976 issued by the secretary to the government of maharashtra, home department, the detenue was detained from february 6, 1976 under the cofeposa act, 1974 and he was released thirteen months later on march ..... possibility that certain materials on record would disclose that the activities of the detenu are of a serious nature having a nexus with the object of the act, namely the prevention of prejudicial acts affecting the maintenance of supplies and services essential to the community, and having proximity with the time when the subjective satisfaction forming the basis of the detention order had been arrived at. ..... although the question of public interest is not justiciable and although the constitution and the act has left it to the detaining authority to decide what facts should be withheld, the court must at least be satisfied that the authority has applied its mind and has come to the conclusion with regard to public interest bona fide and ..... this additional ground of attack is inspired after going through the letter of the collector of customs dated january 25, 1978 sending in a proposal for taking an action against the detenue under the cofeposa act along with which certain documents were sent. ..... 1 of the grounds of detention as under :you were detained on 6-2-1976 under cofeposa act, in .....

irne Wanjiru Vs. the State of Maharashtra and anr.

Court : Mumbai

Reported in : 2001ALLMR(Cri)1480; 2001BomCR(Cri)665; (2001)3BOMLR421; 2001(2)MhLj635

..... prior information without informing of this right under section 50(1) or failure to take the person to be searched before a gazetted officer or a magistrate, if he so opts, may not vitiate the trial, but renders the recovery suspect and vitiates the conviction and sentence of the accused, where conviction is based only on the possession of illicit article recovered during the search conducted in violation of section 50 of the act. ..... state of kerala, was a case wherein circle inspector police received information that certain persons were on the move in an auto ..... state of kerala, by pointing out that in the case of ..... carried by him or in physical possession of the person to be searched;or(c) would include search of bag or luggage which are presumed to be in possession of the person even though it may be lying in a house, or railway compartment or at the airport;and(d) whether application of section 50 can be extended to a case of search of a place, a conveyance or a house if the accused is physically present, at the time of the search.after taking into consideration plethora of reported cases including the decision of hon'ble the supreme court in ali mustafa's case (which ..... cases seem to be cases involving bodily contact, whereas in vaneela tilak's case, it was a case of bodily activity, since the accused was seen putting the bag on x-ray machine.the phrase 'immediate possession' used in clause (b) is illustrated by full bench by extension 'such as bag and other luggage carried .....