Court : Mumbai
Reported in : 1995(3)BomCR407; (1995)97BOMLR795
..... 2 shamba chari has clearly admitted that the property of the appellant and the government land has been properly and correctly shown in the new survey plan prepared by the government and that he also knows of the demarcation done some 40 years ago between the government land and the land of the appellant with the help of the cairns which were put on the site for that purpose. ..... hence the remedy open to him in the circumstances is to be the one provided in section 113 of the land revenue code.so far the old cadastral survey is concerned we have already seen that the fact of its non-promulgation becomes irrelevant consequent upon the fact of the co-owners of the property 'deuxeta' including the appellant having accepted the boundaries and extension of the survey no. ..... 38 as correct.thus, the learned trial judge was fully justified in holding that the documentary evidence relied by the appellant, namely, the certificate of the land registration and the matriz certificate was not sufficient to rebut the inference which could be drawn from the survey documents produced by the respondents showing the disputed land as being part and parcel of the government property.16. ..... at the time of the survey of 1932 and 'auto de demarcacao' was also drawn and signed by the owners/of the property shown in it.4. ..... 38 in the cadastral survey done in 1932. .....
Tag this Judgment!Court : Mumbai
Reported in : (1994)96BOMLR122
..... adjusted wholly or in part by any lawful agreement or compromise in writing and signed by the parties, or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject-matter of the suit, the court shall order such agreement, compromise or satisfaction to be recorded, and shall pass a decree in accordance therewith so far as it relates to the parties to the suit, whether or not the subject-matter of the agreement, compromise or satisfaction is the same as the subject-matter of the suit:provided that where it is alleged by one party and denied ..... by the other that an adjustment or satisfaction has been arrived at, the court shall decide the question, but no adjournment shall be granted for the purpose of deciding the question, unless the court, for reasons to be recorded, thinks fit to grant such adjournment.explanation. ..... 2464 and 2468 of 1.966, d/- 16.10.1968 : (reported in (1969) 1 scwr 51) this court held that the decree passed on the basis of an award was in contravention of section 13(1) of the act because the court had passed the decree in terms of the award without satisfying itself that the ground of eviction existed. ..... govind joshi air 1932 bom. .....
Tag this Judgment!Court : Mumbai
Reported in : 1994(3)BomCR547
..... under section 40 of the partnership act, a firm can be dissolved with the consent of all the partners or in accordance with the contract between the partners, under section 43 a partnership at will can be dissolved by any partner giving notice in writing to all the other partners of his intention to dissolve the firm and upon such notice being given the firm gets dissolved as from the date mentioned in the notice as the date of dissolution and if no date is so mentioned as from the date of the communication of the notice, while section 44 contemplates dissolution of a firm by and ..... under orders of the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1994Bom196; 1994(1)MhLj732
..... right of pleading a set-off under rule 6, set up, by way of counter-claim against the claim of the plaintiff any right or claim in respect of a cause of action accruing to the defendant against the plaintiff either before or after the filing of the suit but before the defendant has delivered his defence or before the time limited for delivering his defence has expired, whether such counter-claim is in the nature of a claim for damages or not:provided that such counter-claim shall not ..... now, coming to the preliminary contention of the learned counsel for the petitioner, although it is not necessary to consider the same in the view that i take, it can be said that the petitioner as well as the third party have raised the very contention that the decree was not executable on the ground that it was a nullity because, it was passed on basis of counter-claim. ..... thomas school , that was a suit for permanent injunction filed by a co-operative society through its secretary in which counter-claim was made by the defendant on the withdrawal of the suit by the plaintiff on the ground that it was barred under .section 6 of the societies registration act, 1860. ..... the trial court held that the suit was not maintainable for want of registration of partnership as it was hit by section 69 of the indian partner-ship act. .....
Tag this Judgment!Court : Mumbai
Reported in : 1994(3)BomCR255
..... the petitioners are a partnership firm registered under the indian partnership act, 1932 carrying on the business at custom house agents under a licence issued by the collector of customs in accordance with the provisions of section 146 of the customs act, 1962. ..... made or any licence, permission or exemption granted or any rates, charges or duties levied or any penalty or fine imposed) under the acts referred to in sub-section (2a), (2b) & (2c) shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act'.counsel contends that under clause (m) of section 123 of the 1963 act, the board of trustees have power to make regulations for the exclusion from the premises of the board of disorderly or other undesirable persons and of trespassers. ..... he has invited my attention to a decision of the supreme court in the case of the state of madras v. c.v. ..... while there can be no doubt about the proposition of law laid down by the supreme court in the case of the state of madras v. c.v. ..... 1958 madras p.183 (ii) kedarnath goenkar and others v. .....
Tag this Judgment!Court : Mumbai
Reported in : 1994(2)BomCR41; (1994)96BOMLR408
..... in the present case, however, a suit was filed under section 20 of the arbitration act, 1940 to enforce the arbitration clause; and while passing the order of reference, the learned judge has by implication exercised his powers under section 37(4) of the arbitration act, 1940 and has allowed all disputes between the parties which would necessarily include the disputes raised by the respondents in their written statement, to be referred to arbitration irrespective of the time when the disputes were raised. ..... under rule 787(5) of the rules of the bombay high court framed under the arbitration act, 1940, the judge disposing of the petition to set aside or remit an award shall have the discretion to pass a judgment and decree in terms of the award immediately on delivery of his judgment refusing to set aside or remit the award or on such date as he deems fit thereafter without requiring any written application from any of the parties interested in enforcing the award. ..... prayer (c) was as follows : 'that the said disputes and differences between the petitioners and the respondent including the said claims of the petitioners be referred to the said arbitrator under the provisions of the arbitration act, 1940' and prayer (d) was for costs. ..... 1932 of 1972 under section 20 of the arbitration act, 1940. .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(3)BomCR714
..... that prevails at the date of its decision or at the date of filing of appeal;(v) this ..... ;(iii) the institution of the suit carries with it the implications that all rights of appeal then in force are preserved to the parties thereto till the rest of the carrier of the suit;(iv) the right of appeal is a vested right and such a right to enter the superior court accrues to the litigant and exists as on and from the date the lis commences and although it may be actually exercised when the adverse judgment is pronounced, such right is to be governed by the law prevailing at the date of the institution of the suit or proceeding and not by the law ..... it is true that section 24 of the hyderabad rent control act lays down that the controller shall follow as nearly as possible, the procedure laid down in the code of civil procedure, 1908, for the regular trial of suits, the substance only of the evidence and findings being recorded as in unappealable cases and shall record in brief the reasons for his findings. ..... 1932 oudh. .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(3)BomCR116; [1994]81CompCas104(Bom); 1993CriLJ2791; (1994)ILLJ146Bom
..... in london county council's case [1894] 2 qb 826, section 85 of the metropolis management amendment act, 1852, prohibited the erection of a building on the side of a new street of less than fifty feet in width, which shall exceed in height the distance from the front of the building on the opposite side of the street without the consent of the london county council and imposed penalties for offences against the act and a further penalty for every day during which such offence should continue after notice from the county council. ..... vashi contended that there is no bar of limitation that can be canvassed as against the company and the respondent-accused's counsel, who had pointed out this aspect of the case to me, was required to concede that in view of the conclusive pronouncement of the supreme court in the cases referred to supra, which against dealt with non-return of premises to a limited company wherein prosecutions had been instituted under section 630 of the companies act is a valid and binding judgment and that it applies squarely ..... butler and fitzgibbon [1932] 2 kb 108 in england, the trade union act, 1837, by section 12 provided that if any officer, member or other person being or representing himself to be a member of a trade union, by false representation or imposition obtained possession of any moneys, books, etc. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1993Bom327; 2004(3)BomCR371; 1993(1)MhLj685
..... . 60 of the madras co-operative societies act (6 of 1932) was impugned ..... . the corresponding madras (act, the madras essential articles control and requisitioning (temporary powers) act, 1949 originally had ten articles included in the schedule as 'essential articles' with powers to add others to the schedule ..... . 60 of the act is to be exercised so as toadvance the policy and objects of the act, according to the guidelines as may be gleaned from the preamble and other provisions which we have already pointed out, are clear,'the guidelines to be kept in mind, while exercising the power may be gleaned from the preamble and objects of the act, the guidelines expected to be laid down may vary from statute to statute depending upon the subject matter of the legislation ..... as intoxicating liquor; any antiseptic preparation or solution containing alcohol which was unfit for use as intoxicating liquor; and any flavouring extract, essence or syrup containing alcohol which was unfit for use as intoxicating liquor. s. ii of the said act provides that notwithstanding anything contained in the provisions of chapter iii, it shall be lawful to import, export, transport, manufacture, sell, buy, possess, use, or consume any intoxicant or hemp etc ..... . in this context, it must be held that in the instant case, the guide-lines to be gleaned from the preamble and the object of the act are adequate and the relevant provisions of the act is not assailable on the ground of lack of guidelines.15 .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(2)BomCR96; (1993)95BOMLR513
..... it is in the light of the above provisions of the bombay public trusts act, 1950 and in the context of the facts and circumstances herein before referred to and in particular the fact that the educational institutions are run by the society principally from the salary and non-salary grants received from the government that it is urged on behalf of the petitioners that the office of the president of the society in question or the post of its secretary is 'public office' for the purpose of issuance of a writ of quo-warranto to prevent the incumbents of the said posts from continuing in the said ..... , therefore, if any person continues to hold the office in breach of the provisions of the said bye-laws, his office is amenable to a writ of quo-warranto or any other appropriate writ, order or direction in the nature of quo-warranto.in the light of the principles relating to the issue of a writ of quo-warranto discussed in the judgment of the supreme court in the case of university of mysore v. govind rao, cited supra, the learned counsel for the petitioners has sought to satisfy us that the offices held by the respondents 2 and 3 are public offices ..... the said society was established long back on 2nd december 1932 by dr. .....
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