Court : Mumbai
Reported in : 1992(3)BomCR142
..... in the said case of anoop jaiswal (supra), the supreme court considered again the question of simple discharge and laid down that the form of the order is not decisive as to whether the order is by way of punishment or not and that even an innocuously worded order could be construed to be an order of punishment if the government finds that the alleged acts of misconduct was the cause of the order of termination and that but for the incident it would not have been passed ..... according to the petitioner, the reference to rule 155 of the civil services rules 1932 in the affidavit-in-reply indicated that the intention of the government was to inflict punishment and not mere discontinuance of the employment by simple discharge, ..... 311(2) of the constitution of india as also the provisions of the bombay civil services (conduct, discipline and appeal) rules, 1932 as amended from time to time (hereinafter referred to for the sake of brevity as the old civil services rules) as also in violation of the maharashtra civil services (discipline and appeal) rules, 1979 (hereinafter referred to as the disciplinary rules) ..... as mentioned hereinabove whether we take into account the said rules of 1932 or the new rules of 1979 of the civil services (classification, control and appeal) rules schematic interpretation leads up to only one conclusion that where serious charges are levelled against the permanent employee the government must hold an enquiry before terminating services of such a permanent .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(1)BomCR707; (1992)94BOMLR859
..... a technical contention about the non-maintainability of the suit on the ground that the remedy of the tenant was only to execute the consent decree and not to institute a separate suit for its enforcement, in the light of provisions of section 47 of the code of civil procedure, was also forcefully projected. ..... we are clearly of the view that the decree as given by the trial court awarding damages as provided in the consent decree in question, could not have been sought and got in the execution application as indicated by the trial judge. ..... the court held:---'the operative part of the decree so confined to the subject-matter of the suit can be enforced as between the parties to the suit under section 47, civil p.c. ..... that law among others cast an obligation on the part of the landlord to give intimation of reconstruction of the building to the tenant as and when a decree for eviction is passed. ..... it was observed that specific performance could be ordered in relation to the direction for the reconstruction of the building and that such a decree was eminently justified. ..... it was stressed that in an execution application, the plaintiff could not ask for a mandatory injunction for the reconstruction of the building by the landlord and that in such an execution petition he could not have asked for damages. ..... the position has no doubt undergone a change after the amendment of the civil procedure code by act. no. ..... 1932 bom 466. .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(1)BomCR423; 1992CriLJ339
..... reported in : (1932)34bomlr571 had observed 'to support a conviction under the section the accused should have done the act with such intention and knowledge and under such circumstances that but for some intervening act the act would have amounted to murder in the normal course of events ..... that the entry of the accused into the cabin of the works manager and the surrounding areas where the assault of the other officers and taken place can under no circumstances be termed as an act of trespass because the vital ingredient, namely, the entry into property in the possession ..... has pointed out that the witnesses have uniformly deposed to the presence of the eight persons in the course of the assault but that the learned sessions judge has acquitted four of the original accused on the ground that a careful scrutiny of the oral evidence will indicate that there are some inconsistencies with regard to the involvement of the remaining four accused and that, as consequently, if ..... survive but suffer relatively minor injuries, whether the accused can contend at the highest that they are liable only for causing simple hurt and that the conviction for attempt to murder under such circumstances is erroneous; and (b) whether the accused in such circumstances who are admittedly employees of the company and workers engaged in the factory who have unauthorisedly stormed into the cabin of the factory manager can be independently convicted on a ..... the view followed by the madras high court in the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1992Bom418; 1992(1)BomCR700; 1991(2)MhLj1366
..... the first petitioner is a partnership firm duly registered under the provisions of the indian partnership act, 1932 carrying on business as dealers and suppliers of yarn. ..... in the first place, it must be remembered that the object of the said 1983 act has been stated as under :'an act to provide for taking over in the public interest of the management of the textile undertakings of the companies specified in the first schedule pending nationalisation of such undertakings and for matters connected therewith or incidental thereto. ..... since the cheques issued in favour of the petitioners have been dishonoured, the petitioners have filed the present petition for the reliefs inter alia for declaration that the provisions of the 1983 ordinance and the 1983 act referred to above are unconstitutional and for a direction to respondent nos. ..... the central government may, if satisfied, in relation to any of the textile undertakings or any part thereof, the management of which has vested in it under this act, that it is necessary so to do in the interests of the general public with a view to preventing any fall in the volume of production of such undertaking, by notification, declare that - (a)..... ..... by virtue of sub-section (1) of section 3, of the said act, on and from the appointed day, the management of all the textile undertakings stood vested in the central govt. .....
Tag this Judgment!Court : Mumbai
Reported in : 1992CriLJ1845
..... considering the facts and circumstances and the submissions made by the learned counsel for the parties, the relief in both the cases, being one and the same, and the civil court being seized with the matter, in the interest of justice, the proceeding pending in the court of j.m.f.c. ..... the distinction made by the learned judge is without any difference, as observed by the learned magistrate and as is also apparent from the record, the dispute in the criminal complaint also revolves on the pivot whether or not respondents are the sole agents of the petitioners for sale and export of the petitioner's goods to the countries concerned. ..... the reliefs being the one and the same, the evidence will be common, so also the documents, it is the interest of both the parties to get the verdict from the civil court. 9. mr. ..... the subject-matter in controversy in both the suits being the same, arises out of the same contract and from the same transaction, the later suit was stayed till the decision of the earlier suit. 16. ..... and also husband filed an application for judicial separation and alimony in the civil court against the applicant under the provisions of the hindu marriage act. ..... eleanor agnes ross reported in air 1932 sind 210 : 1933 cri lj 548. ..... maria navis reported in (1987) ii dmc 342 (madras, s.b.). .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1992Bom55; 1993(1)MhLj193
..... suraj parshad, air 1932 lah 52 it has been held that there was no justification for issuing notice of intention to sue the seller for compensation after a period of 24 days of the resale of the goods by the buyer, since the buyer had sufficient time to examine the goods and the silence for such a long period and transfer of the goods to some one else amounted to give up all grievances relating to the quality.18. ..... firm bihari lal, air 1921 lah 355 which deals with section 117 of the contract act (since repealed), it was held at page 356 :'where there has been a resale by the buyer, in order to recover special damage for a breach of warranty, it is necessary that the buyer should not have been negligent in failing to detect the inferiority of the goods before he resells or deals with them.in the case of empire engineering co. v. ..... municipal board, bareilly : air1929all801 , it has been held that compensation under section 118 of the contract act (since repealed) cannot be claimed for breach of warranty by the buyer unless he gives notice within reasonable time after its discovery.17. ..... the only point and that too relating to merit pressed before us is that the buyer had treated the breach of condition of size as a breach of warranty and it was entitled to set up the breach of warranty in diminution of the price as provided under section 59 of the sale of goods act (the act).9. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1991)37ITD1(Mum.)
..... justifying the stand of the assessee that the partners have agreed to divide the balance profit 95% at a later date for various reasons, the reasons given are : - the stand of the assessee is that the assessee meets the requirements of law in terms of the definitions in the income-tax act, 1961 and the indian partnership act, 1932 vis-a-vis the definitions of 'firm', 'partners' and 'partnership'. ..... a part of the uncertainty in determining the relationship could be due to lack of precision in the language to express and in that case it will be subject to the provisions of the indian partnership act, 1932 but when the uncertainty is in terms of clear expression, then the replationship cannot be termed as partnership. ..... , the shares are not specified but left to imagination, hence it cannot be said on those facts that there was a firm or a partnership in the eyes of law as stood defined in the indian partnership act, 1932 and for income-tax purposes.to the same effect is the decision of the punjab high court (as it then was). ..... under section 4 of the indian partnership act, 1932, 'partnership' is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1990Bom376; 1990(2)BomCR671; 1991(32)ECC258
..... this doctrine can equally be applicable against the government and further clarified that when the government makes a promise knowing that it shall be acted upon and, in fact acts on it and thus alters its position, the government is bound by its promise and the promise would be enforceable against the government at the instance of the promisee, which can be even notwithstanding that there is no consideration for the promise and the promise is not recorded in the form of a formal contract and as such the government cannot claim immunity ..... . 3 of the act and as such it cannot be amended much less displaced by a mere public notice and that too by merely changing the import policy; iii) on the touchstone of the doctrine of incorporation, list 4 of the appendix'6 containing various items, has been incorporated in the said statutory order and, therefore, it remains unaffected by the subsequent amendment made only to the said list 4; iv) alternatively, since the contract in question was concluded and since the petitioners acted upon the representation as reflected from the 1st order and the o.g.l .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1990Bom299
..... minor; (e) all suits and proceedings in relation to the guardianship arising outside the territorial limits of the areas of the family courts but within the state of maharashtra would be cognizable by the high court under clause 17 of the letters patent.if the scope of clause (g) of the explanation to section 7 of the act is undestood in the aforesaid manner then the provisions of sections 7 and 8 of the act, section 2(4) of the code of civil procedure read with section 2(e) of the act, clause 17 of the letters patent, rule 35 framed by the state government and rules 50 to 65 of the rules framed by the high court can be harmoniously read. ..... the madras high court was dealing with sections 2(e), 7, 8 and 20 of the family courts act read with section 2(4) of the civil procedure code in a matter relating to appointment of a guardian for an indian female child where the application was made by a foreign national to be appointed guardian of the ..... section 18 of the act provides that for the purpose of hearing suits under the act a special court shall be constituted in each of the presidency-towns of calcutta, madras and bombay and in such other places in the territories of the several state governments as such governments respectively shall ..... of madras and kerala, : [1960]3scr887 , that although statement of objects and reasons is not admissible as an aidto the construction of a statute, it may be referred to for the limited purpose of ascertaining the purpose for which the act has been .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(1)BomCR561; (1990)92BOMLR70
..... the russian firm applied before the madras high court for stay of legal proceedings under section 3 of the foreign awards (recognition and enforcement) act. ..... prior to the arbitration act of 1940, doleman's case was interpreted and applied by the high courts of lahore, madras and calcutta as laying down that if a reference to arbitration is made and a suit is also filed in respect of the subject matter of the reference, the arbitrators become functus officio as soon as the suit is filed (unless the court stays the proceedings before it). cf. ..... to my mind it is clear that the basic object of section 35, arbitration act, 1940 is that within the same system of law, in the same country, two tribunals, one a court of law and the other a court of arbitration, should not be allowed to compete in deciding the same dispute, and therefore provision is made to avoid such conflict either by staying the suit under section 34, arbitration act, 1940 and allowing the arbitration to proceed or by nullifying the arbitration under section 35, arbitration act, 1940 by giving notice of the suit. ..... 1932 mad 462, both relate to the code of civil procedure, 1908, schedule 2, para 20. .....
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