Court : Mumbai
Reported in : 2000(3)ALLMR46; 2000(3)BomCR330; (2000)2BOMLR567; 2000(3)MhLj121
..... it may be mentioned that in the said judgment also it has been laid down that although as between the parties to the suit the functions of the receiver have terminated with the determination of the suit, the court receiver is still amenable to the court as its officer until he has complied with the court's direction as to the disposal of the funds which he has received during the course of his receivership. ..... (i) :whether this court has jurisdiction to issue directions to court receiver in suits in which the court receiver stands appointed prior to 16th july 1999 ?the recovery of debts due to banks and financial institutions act of 1993, was enacted to provide for the establishment of tribunals for expeditious adjudication and recovery of debts due to banks and financial institutions. ..... loonkaran sethiya, reported in : [1962]1scr868 , one of the contentions raised on behalf of the appellant was that the receiver appointed in the suit ceased to be a receiver qua the rights of the parties to the suit when the final decree was made. ..... the supreme court, however, came to the conclusion that the word 'debt' under the act has been defined to mean any liability which is alleged as due from any person by a bank and in the circumstances, the high court erred in holding that unless the amounts claimed by the bank are decided by a competent forum they cannot be said to be due. ..... in 1932, the office was made a permanent department of the high court. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)ALLMR576; 2000(4)BomCR734
..... elango and another, reported in : air1989mad340 , the learned single judge of madras high court has held that for the purpose of fixing the forum of appeal, the value mentioned in the petition in the court below is the only relevant factor for determining the appellate forum and the said proposition can be culled out from the decision of a full bench of the madras high court in putta kannayya chetti v. ..... profits are found to exceed the amount of value of the suit, the suit is rightly entertained as within the jurisdiction of the judge and a decree is passed, his power to grant the proper and adequate relief is not affected by any event which increases the value of the relief during the pendency of the suit.in other words it can be stated that to hold that jurisdiction should depend on the amount for which the final decree is passed, would have the effect and that after the judge passes a preliminary decree ..... now, the suits valuation act, which otherwise as observed in ahmedbhai kadubhai v. ..... 1932 bom 111, gopal trimbakrao v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)ALLMR618; 2000(1)BomCR716
..... on the pleadings the following issues have been framed :--1) whether the plaintiffs firm is registered under the indian partnership act, 1932 as alleged in para 1 of the plaint ..... after having now considered the pleadings, the documentary evidence in support thereof and the oral evidence as led, regarding written agreement, the oral agreement, the handing over of possession and actual possession before i proceed further it would be essential to consider the judgments cited at the bar for the purpose of effectively deciding the issue that has arisen herein, considering the law as already laid ..... apart from that the plaintiffs in their pleadings at paragraph 8 of the plaint have referred to the document and the contents of the letter where the attorneys for the plaintiffs have set out that the document should be held in escrow till the two cheques for the amount of earnest money were sent to them and ..... is set out that there were difference of opinion between the defendants themselves with regard to the name of the tenants to be recognised by the purchasers in terms of clause 14 of the intended agreement as some of the defendants were unwilling to sign the said engrossments unless the plaintiffs agreed that they would be recognised as tenant, of the respective portion of the premises in their occupation. ..... the madras high court judgment referred to by the law commission in its 9th report was a specific performance suit in which the parties were not ad idem about the interpretation of the .....
Tag this Judgment!Court : Mumbai
Reported in : [2002]109CompCas18(Bom)
..... sub-section (4), the company law board directs that the transfer of the securities to which it relates - (a) shall be registered by the company, the company shall give effect to the direction within ten days of the receipt of the order as if it were an order made on appeal by the company law board in exercise of the powers under section 111 of the companies act, 1956 (1 of 1956) ; (b) need not be registered by the company, the company shall, within ten days from the date of such direction, intimate the transferor and the transferee accordingly. ..... a market for such shares during that period in that stock exchange ;(b) in case of acquisition of shares under regulation 10, the highest price paid by the acquirer in the open market or the average of the weekly high and low of the closing prices of the shares as quoted on the stock exchange during the last six months preceding the date of announcement, whichever is higher, provided there has been a market for such shares during that period in that stock exchange ..... products in various states including the state of tamil nadu, andhra pradesh and kerala, but the relationship between the mallya family and the reddy family dates back to a generation and from 1985 onwards the reddy group has spent huge amounts over setting up and purchasing various distilleries in madras, hyderabad, goa and kerala for the purposes of production and bottling of liquor exclusively for the ub group including defendant no. ..... dhondu khandalgaonkar [1932] 35 bom .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(2)ALLMR316; 1999(2)BomCR719; (1999)2BOMLR428; 1999(2)MhLj263
..... assignee alleges that certain transfers were made by the insolvent, though beyond two years prior to the relevant date, but the same were nominal and fictitious transfers, the insolvency court would have jurisdiction under section 4 of the provincial insolvency act and section 7 of the presidency act to decide the validity of the said transactions as was done by the full bench where the adjudication of insolvency was of 24th august, 1940 and the transactions questioned were of 25th january, 1935, 30th january, 1935 and ..... of doing complete justice or making a complete distribution of property in any such case: (provided that, unless all the parties otherwise agree, the power hereby given shall, for the purpose of deciding any matter arising under section 36, be exercised only in the manner and to the extent provided in that section) a perusal of the said section shows that the insolvency court has the power to decide all questions of priorities, and all other questions whatsoever, whether of law or fact, which may ..... doctor has placed reliance on the decision of the learned single judge of the madras high court in the matter of a narayan nair, an insolvent, the official assignee, madras v. ..... 25th january, 1935, 30th january, 1935 and 30th march, 1932. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1999Bom266; 1999(3)ALLMR442; 1999(2)BomCR597; [2001]103CompCas584(Bom); 1999(3)MhLj810
..... 46 of the act, the provisions contained in the statutory bye-laws of the exchange enabling the governing board or the president of the exchange to extend the time for the arbitrators or the umpire, as the case may be, though inconsistent with the provisions of section 28 of the act, prevail and as such, though section 28 of the act contemplates mutual consent of the parties to enable the arbitrators to enlarge the time to make the award in view of bye-laws 254 and 261 of the bye-laws of the exchange, such consent was not condition precedent for the governing board or the president of the exchange to enlarge the time ..... of and are saved by section 46 of the arbitration act, which as aforesaid is identical in material language to section 2(4} of the 1996 act.it is contrary to the judgments reported in (i) : air1943bom197 (which deals with bye-laws under the bombay cotton contracts act, 1932) and (ii) : [1961]3scr1029 (which dealt with bye-laws under the forward contracts (regulation) act, 1952), wherein it is held that 'bye-laws' under those respective acts were saved by and/or fell within the purview of section 46 of the 1940 act.the impugned judgment has placed strong reliance ..... again, in the case of the trustees of the port of madras v. m/s. .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)BomCR375
..... water and power department trivandrumand another, the apex court in para 13 has observed:'it is the duty of the arbitrator while considering the claims of the appellant to consider also the counter claims made on behalf of 'the respondents and to make the award after considering both the claims and counter claims'in my opinion the learned arbitrator has not applied his mind properly, ..... in fact it was a material piece of evidence and according to the petitioner the respondent has admitted his liability in the said conversation, even in the reply filed by the respondent there is no clear denial that there is no such tape recorded conversation or that he has not admitted ..... because of these objections, the shares could not be transferred while the respondents were liable to the parties to pay the amounts in that respect respondents failed and neglected to pay the said amounts and hence the matters were referred for arbitration as per bye laws of the national stock exchange of ..... it was held that the inquiry before the arbitrator should be assimilated as near as possible to proceedings in a trial in a court of law, and therefore a party to the arbitration must not only have notice of the time and place of the meeting but he should be allowed reasonable opportunity of proving his case either by evidence or by arguments or both and of ..... the apex court observed : under section 30(a) of the arbitration act an award can be set aside when an arbitrator has misconducted himself for the ..... 1932 bom .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(5)BomCR783; (1998)2BOMLR114
..... that in a case where the charge-sheet is filed in the court of the magistrate, the accused gets an opportunity of having the evidence of the approver at the trial tested against what he had said before the magistrate: the accused is denied this opportunity where the charge-sheet is filed in the court of the special judge whether the accused will get the advantage of the procedure which according to the appellant is more beneficial to the accused, thus depends on the court in which the proceeding is initiated and, it is contended, if the choice of forum is left to the prosecution, it will result in discrimination ..... (2) save as expressly provided in this act, the provisions of the code shall, in so far as they are not inconsistent with the provisions of this act, apply to the proceedings before the special court and for the purposes of the said provisions of the code, the special court shall be deemed to be a court of session and shall have all the powers of a court of sessions,and the person conducting a prosecution before the special court shall be deemed to be a public prosecutor. ..... this would clearly show that in the case in hand no question arose for its committal as was the case before the apex court and madras high court in above referred cases.28. ..... 1932 arunachala reddi v. ..... 1932, arunachala reddi v. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(4)ALLMR525; 1998(4)BomCR881; (1998)3BOMLR543; 1999(1)MhLj112
..... on behalf of the petitioners it is contended as under :--(a) there is an error of law apparent on the face of the record as the respondents were not a partnership firm registered under the indian partnership act as amended in the state of maharashtra and were thus barred under section 69 of the indian partnership act from meeting the claim. ..... the claim for extra amount on account of water charges was clearly in admissible being beyond the terms of the contract and hence the arbitral tribunal acted in excess of jurisdiction in awarding the said amount. ..... (c) on a reading of clause 3.2 with clause 4.4(b) of the general conditions of the contract the arbitrators acted without jurisdiction in awarding claims 5.6(a), 6(b), 7, 8 and 9. ..... hence the bar of section 69 of the partnership act would not apply even if it is assumed that on the relevant date the partnership was not registered. ..... ram narain and others, : air1977all352 the division bench of the allahabad high court was again considering section 69(3) of the indian partnership act. ..... the apex court held that these are other proceedings and would be maintainable in view of the exception carved out by sub-section (3) of section 69 of the partnership act. ..... the widow of the deceased partner moved under section 20 of the arbitration act. ..... it may be rioted that the proceedings arose on an application moved to the court under section 8(2) of the indian arbitration act. .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(2)BomCR565
..... referring to the words 'for the purpose of this act' in the relevant section, the full bench has held that in their opinion, the said words mean for the purpose of deciding any question relating to a matter which is required or governed by the provisions of the act and, therefore, question raised before mamlatdar when it relates to a matter which is to be decided by referring to the provisions of the act, its determination by the mamlatdar will be for the purpose of the act. 8. ..... while deciding the matter, the apex court held that there is no denying the fact that the allegations made in the plaint decide the forum and the jurisdiction does not depend upon the defence taken by the defendants in the written statement and considering the facts pleaded in the plaint therein, it was evident that the plaintiffs had filed the suit treating the defendants therein as trespassers as they had denied the title of the plaintiffs. ..... he further submitted that the jurisdiction to entertain a matter depends on the pleadings in the plaint or the application and being so, once the respondents approached the mamlatdar complaining that the petitioners were trespassers in the property, considering the provisions contained in the said act, the mamlatdar had no jurisdiction under the said act to entertain such an ..... in 1932, the father of the appellants filed a suit for declaration of his title and ownership in respect of the disputed land against galappa and his brother saibanna which was decreed .....
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