Court : Mumbai
..... never placed justice bapat commission report on the floor of the state legislative assembly in spite of the mandate of section 15 of the maharashtra backward class commission act, 2005 nor did the state government placed the rane committee report before the state legislative assembly and, therefore, the fact that the state government did not allow the state legislative assembly to consider the issue of reservations becomes a relevant factor while examining the report of a committee headed by a minister on the basis of which the impugned ordinance no.xiii of 2014 ..... . russel and hiralal (the tribes and castes of the central provinces of india, asian educational services, new delhi, madras, 1993, first published 1916), under the head maratha, mahratta describe them as the military caste of southern india which manned the armies of sivaji, and of the peshwa and other princes of the maratha confederacy ..... . (after 1932 census, castewise population statistics are not available except for scheduled castes and scheduled tribes) .....
Tag this Judgment!Court : Mumbai
..... evidence in support of the propounder's case that the signature in question is the signature of the testator may not remove the doubt created by the appearance of the signature; the condition of the testator's mind may appear to be very feeble and debilitated; and evidence adduced may not succeed in removing the legitimate doubt as to the mental capacity of the testator; the dispositions made in the will may appear to be unnatural, improbable or unfair in the light of relevant circumstances; or, the will may otherwise indicate that the said dispositions may not be the result of the testator's free ..... kartar kaur (supra) has after considering the oral evidence led by the parties held that there was contradictions in the evidence led by the witnesses of the propounder and in the facts of that case held that the endorsement made by the sub-registrar did not satisfy the requirements of section 63 of the indian succession act and does not reach upto the level of proof as required under section 68 of the indian evidence act and thus mere registration of will is of no consequence. ..... jnanendra nath lahiri manu/wb/0025/1932 : air1932cal574 and girji datt singh v. .....
Tag this Judgment!Court : Mumbai
..... evidence in support of the propounder's case that the signature in question is the signature of the testator may not remove the doubt created by the appearance of the signature; the condition of the testator's mind may appear to be very feeble and debilitated; and evidence adduced may not succeed in removing the legitimate doubt as to the mental capacity of the testator; the dispositions made in the will may appear to be unnatural, improbable or unfair in the light of relevant circumstances; or, the will may otherwise indicate that the said dispositions may not be the result of the testator's free ..... kartar kaur (supra) has after considering the oral evidence led by the parties held that there was contradictions in the evidence led by the witnesses of the propounder and in the facts of that case held that the endorsement made by the sub-registrar did not satisfy the requirements of section 63 of the indian succession act and does not reach upto the level of proof as required under section 68 of the indian evidence act and thus mere registration of will is of no consequence. ..... jnanendra nath lahiri manu/wb/0025/1932 : air1932cal574 and girji datt singh v. .....
Tag this Judgment!Court : Mumbai Goa
..... of a house of residence and of land with coconut trees and other trees, and it is bounded on the east by the property of the same designation of the heirs of avelino de souza and camilo da costa; on the west and south by the mixed property of the same designation of manoel antonio vaz and on the north by nomoxim of the heirs of antonio gabriel mergulhao and at present bounded on the east by the property zorody of the heirs of valentine coelho and camilo da costa, on the west by that of leao constancio diniz, gregorio taumaturgo diniz, described ..... its courtyard known as zorody situated at aquem, bounded on the east by the property of the same name belonging to the heirs of avelino de souza and camilo de costa; on the west and south by mixed property of the same name belonging to manuel antonio vaz; and on the north by nomoxim of the heirs of antonio gabriel mergulhao, actually bounded on the east by the property of the same name zorody belonging to the heirs of valentin coelho and camilo da costa and on the west by the property of leao constancio diniz and gregorio taumaturgo diniz ..... 3 and 4 have filed the present second appeal which has been admitted on 28/09/2011 on the following substantial questions of law:- (1) whether the appellate court has misinterpreted section 91 of indian evidence act inasmuch as it is held that the evidence adduced by the appellants to show that the auction sale included 1/5th of the property 'zorody' enrolled in matriz no. ..... 1932 patna 80. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the definition of the expression conciliation proceeding under section 2(e) of the act of 1947, the provisions of rule 11 of the rules, the notice dated 20-07-2011 issued by the conciliation officer and the failure report dated 29-01-2012 support aforesaid conclusion that the conciliation proceedings commenced from 26-07-2011. ..... this writ petition filed under articles 226 and 227 of the constitution of india challenges the order dated 27-09-2013 passed below exhibit-10 thereby holding that the statement of claim filed by the petitioner union in relation to the transfer of 140 employees was beyond the scope of the industrial dispute that had been referred for adjudication. ..... modi (supra) and sarguja transport (supra) are concerned, as it has been found that the issue regarding transfer of 140 employees was not the subject matter of the reference made, it is not necessary to consider the effect of withdrawal of complaint (ulpa) no.245 of 2011 without any liberty being granted to file a fresh complaint. 16. ..... in this background, the other issues relating to the statement of claim filed by the petitioner union and opposition thereto by the respondent no.1-management on the ground that the same was in respect of an industrial dispute not referred for adjudication under section 10 of the act of 1947 will have to be considered. 11. ..... 1932 and gopinath daulat dalvi vs. .....
Tag this Judgment!Court : Mumbai
..... the reason that the applicant says that the plaint should be rejected and struck off is because the plaint was signed and verified by one digamber mahadev bagwe, as a director of the plaintiffs and the said bagwe was barred by law from acting as director, as he had been adjudicated an insolvent by this court vide orders dated 20th november, 2007 read with order dated 19th july, 2011. ..... 34 blr 628: (air 1932 bom 367); ilr 54 cal 380: air 1927 cal 376; ilr 54 all 57 : (air 1931 all 507) (sb) and ilr 46 all 637 : air 1925 all 79). ..... 130 it was held that if a plaint is not properly signed or verified or presented the court has always got the discretion to allow the plaintiff to remedy the defect at a later stage even though the period of limitation may have already expired and the defendant has vested in him by that time a right to plead the bar of limitation, and if that discretion is exercised by the court, the curing of the defect or the amendment of the plaint would be effective as from the date of the institution of the suit itself, and it would not be open ..... in that case the apex court was guided by the fact that the company had not summoned any witness to prove that the person who had signed and declared the plaint was a director of the company and that the minute book of the company had not been produced to prove appointment of the person who had signed as a director. .....
Tag this Judgment!Court : Mumbai
..... was contended before the income tax appellate tribunal that whatever the nature of the assets in the hands of the firm after dissolution of the firm, the assets in the hands of the partners was always capital asset and also contended that the other co-owner had already been assessed and her share in the land was treated as long term capital gains as a result, the same treatment was claimed by the assesses in the present case. ..... krishnappa (dead) and thereafter his heirs and others which relies upon the provisions of the indian partnership act, 1932. ..... against this, mr.suresh kumar submitted that the property was at all times stock-in-trade of the erstwhile partners of the firm and after the dissolution of the partnership, the partners held the assets and, therefore, there is no question of treating the same capital assets as stock in trade. ..... support of his contention, he sought to rely that the issue in the present case was squarely governed by the provisions of the act and we must however, bear in mind that khatau vallabhdas dealt with the grocery stock-in-trade of a perishable nature and, therefore, it is not possible to hold the same as capital assets. ..... in the said judgment, the apex court had occasion to deal with sections 14, 15, 29, 32, 37 and 48 of the partnership act and consider the nature of interest of partner in partnership property during subsistence of partnership and after its ..... the present reference is filed under section 256 of the income tax act, 1961 (the .....
Tag this Judgment!Court : Mumbai
..... learned senior counsel placed reliance on section 9, 12, 14, 15, 16 and 19 of the indian partnership act 1932 and submits that all the partners are bound to carry on the business of the firm for the common advantage of all the partners and have to be just and faithful to all the partners. ..... learned senior counsel submits that since the respondent numbers 1 to 5 have siphoned of the funds of the suit firm, carrying on competing business and acting contrary to the interest of suit firm, depriving the petitioner and the respondent no 6 of participation and to get the access to the accounts of the suit firm and the real profits of the suit firm, petitioner is entitled to seek appointment of court receiver of the assets and business of the suit firm even without dissolving the suit firm. ..... this case placed reliance upon the madras case reported in, air 1955, mad 430 (supra) and on it was based a subsequent case of rajasthan, viz. ..... learned senior counsel placed reliance on the judgment of madras high court in case of karri venkata reddi vs kollu narasayya 32 madras 76 in support of his submission that court receiver can be appointed to carry on the partnership business. ..... the judgment of madras high court in case of karri venkata reddy (supra) and judgment of allahabad high court in case of khade ram and ors. .....
Tag this Judgment!Court : Mumbai
..... the above decision, therefore, shows that the madras high court was inclined on, principle to hold that the period covered by proceedings to set aside the ex-parte decree including the period covered by further proceedings in the high court was not a period during which the petitioner was bound to file an appeal disregarding the uncertainty referred to above." 13. ..... the relevant observations of the andhra pradesh high court are :- "the above decision of a division bench of the madras high court is binding on me. ..... the madras high court has opined that, since the law provides another remedy for redressal from ex-parte decree, the defendant must have an opportunity to resort to it. ..... after general comments upon the provision of section 5 of the limitation act, madras high court held as follows :- "it is true that a party against whom an ex parte judgment has been rendered can only very well appeal from it to an appealable forum. ..... in balkrishnan's case, the madras high court had to consider the same question as in chekuri raju's case. ..... jotiba limbaji's decision (supra) is the direct decision on the question in which single judge of our high court held that proceedings taken to set aside an ex-parte decree do not constitute "sufficient cause" within the meaning of s.5 of the indian limitation act, 1908, so as to extend the period of limitation of an appeal against the ex-parte decree on the merits, which had become time barred. ..... kamalakrishna kundu chaudhuri reported in (1932) i.l.r. .....
Tag this Judgment!Court : Mumbai
..... the single judge of the madras high court on the original side held that the son could not prove execution of the will in view of suspicious circumstances surrounding alleged execution of the will and the learned single judge also rejected the contention based on section 23 of the act in 2001. ..... -section (1) of section 6 has to be read as under :-(for convenience, the words the hindu succession (amendment) act, 2005 have been referred to as the amendment act ) 1(a) on and from the commencement of the amendment act, in a joint hindu family governed by mitakshara law, the daughter of coparcener shall by birth become a coparcener in her own right as the son; 1(b) on and from the commencement of the amendment act, in a joint hindu family governed by mitakshara law, the daughter of coparcener shall have the same rights in the coparcenary property as she would have if she would have ..... the division bench of the madras high court applied the amended act and held that in view of deletion of section 23, there was no embargo on partition of the residential property after 9 september 2005. ..... thus, finally the supreme court confirmed the decision of the division bench of madras high court in enforcing the daughter's rights to demand partition of a dwelling house in the proceedings which were pending before the division bench of madras high court, when the amendment act of 2005 came into force. .....
Tag this Judgment!