Court : Mumbai
Reported in : 2005(4)MhLj688
..... be presented - every petition under this act shall be presented to the district court within the local limits of whose ordinary civil jurisdiction -(i) the marriage was solemnised, or(ii) the respondent, at the time of the presentation of the petition, resides, or(iii) the parties to the marriage last resided together, or (iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or (iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this act extends, or has not been heard ..... of as being alive for a period of seven years or more by those persona who would naturally have heard of him if he were alive'.8.1 section 1 provides that the h.m. ..... f.j.s air 1932 lah 468 (1) (special bench), the special bench was dealing with section 10 of the divorce act, (1860) where an issue of domicile of a party was involved. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(3)BomCR1; 2005(2)MhLj921
..... sub-section (2) of section 16 further provides that in particular, but without prejudice to the generality of sub-section (1), the committee :-''(a) prepare the annual budget estimating the income and expenditure of the trust and send a copy of it to the state government;(b) maintain proper accounts and records of the properties and the income and expenditure of the trust;(c) cause the accounts of the trust to be audited annually by the such person and by such date in the next succeeding year as the state government may direct;(d) make regular payment of salaries, honorarium, fees ..... trust (prabhadevi)' shall be deemed to be reconstituted under the act, and all properties, whether move-able or immovable of the public trust, which was being held and administered by the official trustee immediately before that day shall by virtue of this act, stand transferred to and vested in the deity of ganpati in the temple for the purposes of the reconstituted trust to be called the temple trust or the trust, and, in place of the official trustee, the executive officer shall on behalf of the committee be entitled to their possession and management from ..... 217 of 1932 in this court. ..... 217 of 1932. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(2)ALLMR127; 2005(1)MhLj306
..... in bhaurao shamrao bhalme (supra), the bombay high court observed, by referring to section 20 of the specific relief act that in a suit for specific performance of the contract, there should be exhaustive averments in the plaint about the willingness to perform his part of the contract and secondly, he must also prove the same if the averments are contrary and, therefore, failure to make such averment and fail to prove the readiness and willingness, such suit for specific performance needs to be dismissed. ..... the above finding given by the appellate court was based on the reasoning given by the courts below thereby, it was held that appellant failed to prove that balasa and ramsa formed the joint hindu family and the same was partitioned/divided in the year 1932. ..... 119) with a condition that he would abide by the agreement that had been entered into by ramsa in favour of balsa at the time of partition deed dated 24-12-1932 and endorsed and/or reiterated that he would sell the property only to balsa in the event he decides to sell and not to any other person. ..... they were not real brothers, but still by a family arrangement and partition of 24-6-1932, the joint property was partitioned and the same was reduced into writing by document (exh. ..... 119) dated 25-4-1937 and thereby contended that the said agreement/partition dated 24-12-1932 read with the agreement dated 25-4-1937 were sufficient to accept the case of the appellant-plaintiff. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2004Bom446; 2005(1)ALLMR397; 2005(1)BomCR763
..... at the same time, relevant provisions for deciding the aforesaid issues are to be found in sections 14 and 15 of the partnership act, 1932. ..... shantaram, : (1969)3scc555 , a contention was raised that in any event, by virtue of section 14 of the partnership act, all the assets with the aid of which the business was carried on by the plaintiff must be deemed in law to have become the partnership assets under the deed of partnership. ..... khurshed banu dadiba boatwalla, : [1970]3scr689 and in that the supreme court observed that under the provisions of partnership act goodwill of the firm is expressly declared to be the property of the firm. ..... thus, goodwill has to be included in the asset of the partnership in the absence of any contract to the contrary to section 55 of the act. ..... the term 'goodwill' is not defined in he indian partnership act or repealed provisions of the indian contract act or under the english partnership act, 1980.31. ..... there must be a provision in the agreement contrary to the provisions made in the act. ..... mere absence of any provision with respect to the rights in goodwill is not sufficient to hold contrary to the mandate of the provisions of partnership act. ..... section 55 of the act, further provides for sale of the goodwill after dissolution. ..... there must be a positive provision contrary to the mandate of the act. ..... the commissioner to act on a certified copy of the roznama. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2005Bom57; 2004(6)BomCR94; 2004(4)MhLj226
..... the order correctly proceeded on the basis that in view of the absence of the definition of the term 'partnership' in the bombay stamp act, 1958 the scope of the term in that act must be determined on the basis of the definition of the term 'partnership' in the indian partnership act, 1932. ..... this agreement shall not be construed as a partnership and none of the parties hereto shall have the powers which a partner would be entitled to in law nor this agreement shall be governed by the provisions of the indian partnership act, 1932 or any statutory modification, re-enactment or replacement thereof.'7. ..... it is clear that the said act uses the term 'partnership' in accordance with the meaning thereof in the indian partnership act, 1932. ..... it will be noticed immediately that this definition differs substantially from the definition of partnership in section 4 of the indian partnership act, 1932. ..... sections 4 and 6 of the indian partnership act, 1932 are important and read as under :'4. ..... it is necessary therefore to refer to the provisions of the indian partnership act, 1932. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(5)BomCR30; (2005)ILLJ302Bom; 2004(4)MhLj223
..... the said writ petition was also directed against the initial order passed by the labour court on 25th april 1991 in respect of the recovery of dues payable as also the order dismissing the application for setting aside the ex-parte order of the labour court passed under section 33c(2) of the act. ..... the firm and its partners refused to comply with the award and, therefore, the workmen filed an application under section 33c(2) of the industrial disputes act, 1947 (hereinafter referred to as 'the act') for recovery of the dues payable under the award ..... this application came to be dismissed on 20th february 1993 and a review was filed by the firm and its review that the labour court acting under section 33c(2) had no power of review its own order. ..... he further submits that there is no power either express or implied in the act or the rules framed thereunder permitting the labour court to exercise powers of review. ..... the labour court has been empowered under the industrial disputes act to adjudicate references relating to matters falling within the second schedule of the act. ..... is no provision in the industrial disputes act or the rules framed thereunder, conferring such a power specifically or by necessary implication on the labour court. ..... he, therefore, submits that the order reviewing the application filed under section 33c(2) of the act requires to be quashed ..... the partners then filed an application for setting aside the ex-parte order passed by the labour court under section 33c(2) of the act .....
Tag this Judgment!Court : Mumbai
Reported in : IV(2004)BC6; 2004(4)BomCR842; [2004]122CompCas831(Bom); (2005)193CTR(Bom)229; [2005]273ITR451(Bom); 2004(3)MhLj893
..... thus, the adjudication of liability and the recovery of the amount by execution of the certificate are respectively within the exclusive jurisdiction of the tribunal and the recovery officer and no other court or authority much less the civil court or the company court can go into the said questions relating to the liability and the recovery except as provided in the act...53. ..... ..... it is not the intendment of the act that while the basic liability of the defendant is to be decided by the tribunal under section 17, the banks/ financial institutions should go to the civil court or the company court or some other authority outside the act for the actual realisation of the amount. ..... act : application of certain provisions of income tax act :-- the provisions of the second and third schedules to the income tax act, 1961 and the income tax (certificate proceedings) rules, 1962, as in force from time to time shall, as far as possible, apply with necessary modifications as if the said provisions and the rules referred to the amount of debt due under this act instead of to the income tax? ..... 2, a firm registered under the provisions of indian partnership act, 1932. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(5)BomCR419; [2004(102)FLR1151]; (2004)IIILLJ728Bom; 2004(3)MhLj529
..... while assailing the impugned order, the learned advocate for the petitioner submitted that the industrial court failed to appreciate that undisputedly there was no order of termination of service of the petitioner by the respondent in accordance with the standing orders applicable to the parties and that therefore there was no occasion for the application of limitation period of three months for the approach letter and in which case the provision of law, which is attracted, is comprised under item 6 of schedule iii of the said act, according to which the application is to be filed ..... on the other hand, the learned advocate for the respondent has submitted that in order to invoke the jurisdiction of the labour court under section 78(1)a(a) of the said act, it is necessary for the employee to comply with the provision of section 42(2) of the said act and in the absence thereof, as well as in case of delay in compliance thereof, the same would disentitle the employee to get any relief under the said provision of law and it does not make any difference if there is no order of termination of service. ..... in the present case the labour court has held that the employee was terminated in october, 1932 and he had sent a letter of approach on 9-12-1985. .....
Tag this Judgment!Court : Mumbai
Reported in : [2004]120CompCas681(Bom); [2004]53SCL469(Bom)
..... such a direction is possible in the wake of finding recorded that the conduct of the puri group resulted in oppression of the sippy group and of the two companies within the meaning of section 397 of the act and also mismanagement within the meaning of section 398, relating to the affairs of the companies, which was in a manner prejudicial to the interests of the company, proceedings such as the present one, there would be no limitation or restriction of power of the board. ..... is also substance in the grievance of the puri group that the board has not amplified the purport of section 88 of the indian trusts act, 1882, and discarded the decisions cited in respect of that provision, on the specious reasoning that those decisions were cases of partnership coming to an end and no fiduciary liability subsisted, and in one of the cases, the facts were that the third party did not want to give business, as the company was dealing with the competitor ; and in one case, the principal itself gave ..... [1932] ac 161 , where lord blanesburgh said that a director of one company was at liberty to become a director also of a rival company. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(2)BomCR530; 2004(1)MhLj532
..... amendment made, or any provision inserted in the principal act by a state legislature or high court before the commencement of the act, shall, except insofar as such amendment or provisions are consistent with the principal act as amended by this act, stand repealed'.relying upon the above section the learned solicitor general contended that the rules framed by the high court which are inconsistent with the provisions of the civil procedure code as amended by the amending act shall stand repealed. ..... which is material for the present case reads as follows :'the court or the judge in chamber shall have power to enlarge or abridge the time appointed by these rules or fixed by any order for doing any act, or taking any proceedings, upon such terms (if any), as the justice of the case may require and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed or allotted'.the power to extend time ..... follow that they could be inconsistent with everything else, including even the body of the civil procedure code'.the learned judge concluded as follows :'it must not, however, forgotten that, whilst a rule framed under section 122 for regulating the procedure on the original side of the high court cannot be inconsistent with the body of the code, a rule framed under section 129 of the same code could be inconsistent therewith. ..... similar is the view taken by the madras high court in virprakash ..... basanta (1932) 59 cat 117 .....
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