Court : Mumbai
Reported in : 2008(5)ALLMR802; (2008)110BOMLR2831
..... (1) shall apply to suits or proceedings for the recovery of possession of any immovable property, or licence fee or charges or rent thereof, to which the provisions of the bombay rents, hotel and lodging house rates control act, 1947, the bombay government premises (eviction) act, 1955, the bombay municipal corporation act [the maharashtra housing and area development act, 1976 or any other law for the time being in force, apply.]17. ..... principle of promissory estoppel, therefore, seems to be that where one party has by his words of conduct made to the other a clear and unequivocal promise which is intended to create legal relations or affect a legal relationship to arise in the future, knowing or intending that it would be acted upon by the other party to whom the promise is made and it is in fact so acted upon by the other party, the promise would be binding on the party making it and he would not be entitled to go back upon it, if it would be inequitable to allow ..... him to do so having regard to the dealings which have taken place between the parties, and this would be so irrespective of whether there is any pre .....
Tag this Judgment!Court : Mumbai
Reported in : (2008)110BOMLR3251; 2008(133)ECC197; 2008(159)LC197(Bombay); 2009(233)ELT171(Bom); 2009[13]STR358
..... sita ram agarwal 2003 sc 1543 while the court dealing and construing the provisions of rajasthan premises (control of rent and eviction) act as amended by rajasthan act 14 of 1976 in relation to eviction of a tenant and default of payment of rent, held that section 5 of the limitation act was inapplicable as sub-section (4) of section 13 was mandatory in its terms. ..... ' for all the reasons aforesaid, we are of the opinion that the object, the scheme and language of section 10 of the salestax act do not permit the invocation of section 14(2) of the limitation act, either, in terms, or, in principle, for excluding the time spent in prosecuting proceedings for setting aside the dismissal of appeals in default, from computation of the period of limitation prescribed for filing a revision under the salestax act. ..... popular construction company : air2001sc4010 , the court while dealing with the provisions of section 34(3) of the arbitration and conciliation act, 1996, held that the provisions of section 5 of the limitation act were not applicable to the proceedings for setting aside an arbitral award and the language of the section particularly in face of the expression `but not thereafter' used in proviso to sub-section (3) amounted to an express exclusion within the meaning of section 29(2) of the limitation act. ..... state of kerala and anr. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR815; (2008)110BOMLR3204
..... scheme under this act the state government has sanctioned the acquisition of land which is subsequently discovered to be unnecessary for the execution of the scheme, the owner of the land, or any person having an interest therein may make an application to the trust (requesting that the acquisition of the land not required for the purposes of the scheme should be abandoned on his executing an agreement to observe conditions specified by the trust in respect of the development of the property and to pay a charge to be calculated in accordance with sub-section (2) of section 69 of the act.2) the trust shall admit ..... every such application if it --a) reaches it before the time fixed by the deputy commissioner under section 9 of the land acquisition act ..... state of kerala and ors. ..... (state of kerala and anr. v. m.a. .....
Tag this Judgment!Court : Mumbai
Reported in : [2009]312ITR193(Bom); [2008]16STT263
..... thus, before parting with these cases finally, we consider it necessary and in the interest of justice, to issue following directions for compliance by the authorities concerned:(a) the concerned authority, highest in the hierarchy of the department, is hereby directed to issue circular to all the concerned officer/officials to file the appeals arising from the income tax act particularly section 260a of the income tax act, within the period of limitation provided under law. ..... merely because there was no communication between the client and counsel could hardly be a reason for condoning the delay of 2 years as the order was pronounced on 5th november, 1980 in the presence of the counsel and the appeal was filed in the year 1982.at this stage, we may refer to the judgment of the supreme court in the case of ramlal and ors. v. ..... of course the limitation for the purpose of filing of appeal under section 260a of the act commences from the date the copy of the order is received by the parties in terms of section 260a(27)(a) of the act. ..... the practice of bureaucratic delay was dealt with by the supreme court with a pious hope that curse of lord curzon will not haunt wheels of administration in the case of state of kerala v. ..... state of kerala and anr. ..... state of kerala and anr. ..... state of kerala and anr. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008CriLJ4729
..... considering the rashness and negligence committed by the petitioner and having regard to the attending circumstances, i am of the opinion that there is no perversity committed by the learned chief judicial magistrate and the learned sessions judge while appreciating the evidence of the prosecution. ..... he argued that the petitioner is wrongly convicted by both the courts below without sufficient proof of his negligent overt act or rashness in driving of the police jeep vehicle at the relevant time. ..... the petitioner was rightly convicted for the offences punishable under sections 304(a), 338, 337, 279 of the indian penal code and under sections 116 read with 117 of the motor vehicles act.18. ..... the act done with indifference as to the consequences and without weighing the result also could be termed as a rash act. ..... he would submit that there is more probability that vision of the road was obscured due to the rains and the wiper of the jeep vehicle was not functioning. ..... 689/1989, for offences punishable under sections 279, 304(a), 337 and 338 of the indian penal code alongwith sections 116 and 117 of the motor vehicles act (old) has been confirmed.2. ..... and one under sections 116 and 117 of the motor vehicles act, were proved against the petitioner. ..... for six116 and 117 of the months and fine ofmotor vehicles act rs.2,000/- in default,(old) r.i. ..... culpable rashness lies in running the risk of doing an act with recklessness. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)ALLMR193; (2008)110BOMLR3240; 2008(6)MhLj546
..... :section 16: personal bars to relief : specific performance of a contract cannot be enforced in favour of a person -(a) who would not be entitled to recover compensation for its breach; or(b) who has become incapable of performing, or violates any essential term of, the contract that on his part remains to be performed, or acts in fraud of the contract, or wilfully acts at variance with, or in subversion of, the relation intended to be established by the contract; or(c) who fails to aver and prove that he has performed or has always been ready and willing to perform ..... whether the specific performance can be granted in the absence of averment and evidence of readiness and willingness on the part of the plaintiff from the alleged date of agreement of sale dated 26th december 1976 till the passing of the decree.2. ..... in that suit, a compromise decree was passed on 12.7.1976 and as per the compromise, the plaintiff was to hand over possession of the suit house to the defendant no. ..... according to the plaintiff, on 26.12.1976, an agreement took place between himself and the defendant no. ..... 10,000/- on 26.12.1976 and on the same day, he had also received rs. ..... 2750/- already paid on 12.7.1976, towards part payment of consideration amount. ..... 1 as advance rent on 12.7.1976 itself and had obtained receipt exhibit 76. .....
Tag this Judgment!Court : Mumbai
Reported in : (2008)110BOMLR3043
..... be discarded because there were omissions at two places and he had deposed falsely to the effect that he was unaware of marathi; (iv) the fir was not on the record and there was a breach of the obligation arising out of section 157 of the code of criminal procedure, 1973 to transmit the fir forthwith to the magistrate; (v) the testimony of the child witness is inherently improbable because though the agricultural field was in close proximity to the family house, no person had reported hearing any commotion arising out ..... in assailing the correctness of the judgment of the additional sessions judge, convicting the appellants, it has been urged on behalf of the appellants that (i) from the evidence of pw 7 and of pw 9, it is evident that there was previous enmity between the family of the complainant on the one hand, and the accused on the other, and there were two factions in the village; (ii) the learned trial judge has recorded a finding of fact that since the entire land of bhimsha had been sold, there was no motive for the accused to commit a crime; (iii) pw ..... in other words even in the absence of oath the evidence of a child witness can be considered under section 118 of the evidence act provided that such witness is able to understand the questions and able to give rational ..... state of kerala air 1993 sc 2275 the supreme court sustained a conviction under section 302 in a situation where the two children of the deceased who were seven and eight years of age had figured as .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR878; 2008(5)BomCR545
..... further, the court while noticing the inconsistency between the central and state statutes or the state authorities acting contrary to the central statute, held as under:(vi) however, when the situations/seats are available and the state authorities deny an applicant the same on the ground that the applicant is not qualified according to its standards or qualifications, as the case may be, although the applicant satisfies the standards or qualifications laid down by the central law, they act unconstitutionally. ..... : (1995)4scc104 , the supreme court while discussing various aspects in regard to constitutional validity of tamil nadu private college regulation act, 1976 and the provisions of the all india council for technical education act clearly spelled out the preferential role of the council as under:22. ..... we agree with the petitioners that considering the law declared by the apex court in the matter of approval for opening a college, to the extent that aicte act operates in the field, the provisions of the local act including university act to that extent would not be applicable. ..... whatever the laws in force, the notifications issued in furtherance to the provisions of the different acts, the state government policy as well as the judicial pronouncements including those of supreme court of india have without fail emphasised the need for adherence to the specified parameters in relation to various aspects of professional education in the country. .....
Tag this Judgment!Court : Mumbai
Reported in : (2008)110BOMLR3038; 2009CriLJ67; 2009(2)MhLj558
..... the learned sessions judge failed to see that quashing of the process at the premature stage was not called for in view of the explanation appended to section 141 of the negotiable instruments act ..... and 2 are the joint proprietors/owners of the business of m/s new sheetal traders, which is a joint family business of themselves and their son - sheetal, prima facie, they are covered under section 141 of the negotiable instruments act in view of the explanation appended ..... submitted that the expression 'or association of individuals' as appearing in section 141 of the negotiable instruments act would cover the criminal liability of the respondent nos ..... of the negotiable instruments act, 1881 is enacted in order to safeguard the credibility of commercial transactions and to prevent bouncing of cheques by providing personal liability against the drawer of the cheque ..... 1 and 2 for offence punishable under section 138 of the negotiable instruments act vide order dated 20th august, 2005 by learned judicial ..... for offence under section 138 of the negotiable instruments act against all the four (4) accused, including the respondent nos. ..... he would point out from copy of the certificate issued by the shop inspector, dhule on 2nd april, 2005 that the shop styled as m/s new sheetal traders was closed with effect from 1st april, 2005 as per application submitted ..... period, the criminal complaint case was instituted by the petitioner for offence punishable under section 138 of the negotiable instruments act.3. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR848; (2008)110BOMLR2692
..... . on the basis of such a foundation, the aforesaid argument is made by the learned counsel appearing on behalf of the petitioner that the general manager of the best has not obtained the requisite approval and/or permission and/or sanction from the said corporation before executing the said agreement and that therefore there is non-compliance with the provisions of section 460 k (b) r/w 460 q (d) of the said act 1888.116 ..... regulations, 1991 (hereinafter referred to as the 'said dcr') by taking steps ..... ,1995 : the best submitted a proposal with the state government seeking permission to use that portion of the said large track of land which by this time was still laying vacant for commercial purpose, in addition to the purposes for which it was reserved under the aforesaid revised development plan.19th november,1997 : the state government issued an order under section 154 of the mrtp act directing the said corporation to take steps to carry out requisite amendments in the regulation no 9 of the development control .....
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