Court : Mumbai Goa
..... performance of contract, high court had framed two issues, one related to doubt about the power of attorney having been allegedly executed by the defendant in favour of his brother enabling him to alienate his share in the property and the other related to non exercise of power by the trial court in refusing specific performance of the contract by resorting to sub-section 2 of section 20 of the specific relief act requiring the high court to remand the case to the trial court after setting aside its judgment and decree. ..... thus, i find great substance in the argument of learned counsel for the plaintiff that the whole emphasis of the reasoning given by the trial court in dismissing the suit is that it is the duty of the plaintiff to establish the identity and boundary of the suit property and one of the ways in which this duty could have been better performed by the plaintiff, in the opinion of the trial court, was by examining some expert in the field as witness of the plaintiff. 23. ..... the predecessor in title of said vendors and also the plaintiff acquired the suit property by a deed dated 25.02.1932 and thereafter, the suit property came to be allotted to the vendors and to the plaintiff as per the deed of partition dated 06.08.1958. 6. .....
Tag this Judgment!Court : Mumbai
..... performance of contract, high court had framed two issues, one related to doubt about the power of attorney having been allegedly executed by the defendant in favour of his brother enabling him to alienate his share in the property and the other related to non exercise of power by the trial court in refusing specific performance of the contract by resorting to sub-section 2 of section 20 of the specific relief act requiring the high court to remand the case to the trial court after setting aside its judgment and decree. ..... thus, i find great substance in the argument of learned counsel for the plaintiff that the whole emphasis of the reasoning given by the trial court in dismissing the suit is that it is the duty of the plaintiff to establish the identity and boundary of the suit property and one of the ways in which this duty could have been better performed by the plaintiff, in the opinion of the trial court, was by examining some expert in the field as witness of the plaintiff. 23. ..... the predecessor in title of said vendors and also the plaintiff acquired the suit property by a deed dated 25.02.1932 and thereafter, the suit property came to be allotted to the vendors and to the plaintiff as per the deed of partition dated 06.08.1958. 6. .....
Tag this Judgment!Court : Mumbai Nagpur
..... means the partnership firm, namely, the shivraj fine art litho works, nagpur, registered under the indian partnership act, 1932, with head office at subhash road, nagpur, as it existed immediately before its dissolution on the 9th january 1974 and includes the receiver or receivers appointed in civil suit no.9 of 1974 in the court of the civil judge, senior division, nagpur. ..... sub-section (1) of section 8 of the act provides that for the deprivation of the proprietors of the management of their undertaking (which has remained closed with effect from the 17th may 1979 to the 22nd august 1980) during the period commencing on the 23rd august 1980 being the date on which the undertaking was taken over in pursuance of the orders made by the central government under the provisions of the industries (development and regulation) act, 1951 and ending on the appointed day, there shall be paid by the state government to the proprietors in cash and ..... in the manner specified in chapter vi, an amount of rupees five thousand per .....
Tag this Judgment!Court : Mumbai Goa
..... pereira, learned counsel appearing for the appellants has assailed the impugned judgment on the ground that the appellants have been granted an aforamento in the year 1932 for the purpose of cultivation and putting up a construction therein by the respondent and according to him the appellants are in possession of the said portion of the property since such date. ..... but however, considering the admitted position and the documents referred to herein above, the courts below were not justified to refuse the relief sought by the appellants but however the appellants are entitled for the relief to the effect that they are the holders of an aforamento from the respondent in terms of the final possession granted to them as per the exhibit c-27 colly in the property surveyed under no.53/2 of collem village. 7. ..... no doubt, the appellants are not entitled to the manner in which the relief has been claimed in the plaint, as the question as to whether the appellants are entitled to get the remission in the payment of foro is a matter which the appellants would have to exercise in terms of the provisions of law. 6. ..... the learned counsel further pointed out that as the appellants are seeking a declaration of title in terms of section 34 of the specific relief act, it was incumbent upon the appellants to show in what manner their alleged rights were infringed to seek a declaration. ..... section 58 of the evidence act clearly provides that fact admitted need not be proved. .....
Tag this Judgment!Court : Mumbai
..... pereira, learned counsel appearing for the appellants has assailed the impugned judgment on the ground that the appellants have been granted an aforamento in the year 1932 for the purpose of cultivation and putting up a construction therein by the respondent and according to him the appellants are in possession of the said portion of the property since such date. ..... but however, considering the admitted position and the documents referred to herein above, the courts below were not justified to refuse the relief sought by the appellants but however the appellants are entitled for the relief to the effect that they are the holders of an aforamento from the respondent in terms of the final possession granted to them as per the exhibit c-27 colly in the property surveyed under no.53/2 of collem village. 7. ..... no doubt, the appellants are not entitled to the manner in which the relief has been claimed in the plaint, as the question as to whether the appellants are entitled to get the remission in the payment of foro is a matter which the appellants would have to exercise in terms of the provisions of law. 6. ..... the learned counsel further pointed out that as the appellants are seeking a declaration of title in terms of section 34 of the specific relief act, it was incumbent upon the appellants to show in what manner their alleged rights were infringed to seek a declaration. ..... section 58 of the evidence act clearly provides that fact admitted need not be proved. .....
Tag this Judgment!Court : Mumbai
..... brief facts, which are relevant for the purpose of deciding the petition, are as under: petitioner is a partnership firm, duly registered under the indian partnership act, 1932 and is carrying on business as a developer and ..... is authorised to make an enquiry which was submitted before him to find out whether there was agreement between the parties to convey the property and if it is found that though the obligation, which is cast on the developer or builder or contractor or promoter under sub-section (1) of section 11 to convey the property to the flat purchasers of all society, the developer or the promoter does not fulfill the said obligation, then in that event after enquiry, as contemplated under sub-section (3) and (4) of section 11 of the mofa act, the district dy. ..... any case not later than six months, after making such enquiry as deemed necessary and after verifying the authenticity of the documents submitted and after giving the promoter a reasonable opportunity of being heard, on being satisfied that it is a fit case for issuing such certificate, shall issue a certificate to the sub-registrar or any other appropriate registration officer under the registration act, 1908, certifying that it is a fit case for enforcing unilateral execution of conveyance deed conveying ..... , dated 21st june, 2013, which was passed under section 11 of the maharashtra ownership flats (regulation of the promotion of construction, sale, management and transfer) act, 1963 (for short the mofa act? .....
Tag this Judgment!Court : Mumbai
..... 1932, the full bench of the gujarat high court while construing the provisions of the prisons act, 1894 and provisions of rule 4 of the furlough rules, held as under:- "the learned counsel for the petitioner has submitted that the prisoners surrendering late are disqualified for furlough only under rule 4(10) and they are not disqualified for parole. ..... considered dangerous or have been involved in serious prison violence alike assault, outbreak, riot, mutiny or escape or who have been found to be instigating the serious violation of prison discipline; (13) prisoners convicted for offences such as dacoity, terrorist crimes, kidnapping, smuggling including those convicted under the narcotic drugs and psychotropic substances act, 1985 (61 of 1985) and foreigner prisoners; (14) prisoners convicted for failure to give surety for maintaining peace or good behaviour; (15) prisoners suffering ..... may make rules consistent with this act xx xx xx xx (5) for the award of marks, the suspension or remission and consequent shortening of sentences, and the grant of release on parole or furlough and determining the conditions on which and the authority by which the sentences may be suspended or remitted and the prisoners may be released on parole or furlough. ..... we have perused the various acts and the rules, notifications issued by the government from time to time and also the judgment of the apex court, the decision of the gujarat high court, judgments of this court. .....
Tag this Judgment!Court : Mumbai
..... . applying the principle of section 45 of the partnership act, 1932, the learned judge held that unless intimation of the severance of joint status between the members of the joint family is given to the outside creditors who had dealings with the joint family through its karta, either by public notice or individual notice in that behalf, the karta would be deemed to continue to represent the family and to have power to incur debts for family necessity and to make acknowledgements or part-payments in respect of the same so as to extend the period of limitation ..... . radhakrishna reported in air 1976 madras 156 in support of his submission that the contribution of labour, service or money by one member of the joint family to the other should be so conspicuous and impressive that on a prima facie examination of such material, a reasonable and prudent person should gain the impression that the two members were so associated with the common object of exploiting a commercial activity to the advantage of the joint family ..... . mr.shah distinguishes the judgment of madras high court relied upon by mr.chinoy on the ground that the facts of the said case before madras high court in the said matter were different ..... . the high court erroneously observed that the property namely `madras hotel' was purchased by the father of the appellants and his brothers, whereas in fact the property was purchased by the appellants vide sale deed dated 31.12.1991 .....
Tag this Judgment!Court : Mumbai
..... what is missed in this otherwise attractive argument is the object of the act not only to administer, control or manage the ports by the authorities constituted therefor but also for matters connected therewith mentioned in the preamble to the mpt act which runs thus: an act to make provision for the constitution of port authorities for certain major ports in india and to vest the administration, control and management of such ports in such authorities and for matters connected therewith. 30. mr. ..... the renewal clauses in the 7 leases provided that on the expiration of the term of the lease when required and requested by the lessees and at the cost of the lessees, their successors or assignees the lessor, his successor or assigns would grant a new and renewed lease of the demised portion to the lessees, their successors and assigns for a term of 99 years at the same rent and subject to the same conditions and provisions contained in the leases including the covenant for its renewal. 6. ..... the municipality of thana, air 1932 bombay 259 that the period of one month's notice would have to be excluded from six months period of limitation under section 120 of mpt act is also of no avail to the plaintiffs in view of the accrual of the cause of action years prior to the notice itself. 46. ..... , air 1983 ker 154 and trustees of the port of madras vs. ..... andhyarujina on the judgments of kerala and madras high court in the cases of m/s. ..... , madras and ors. .....
Tag this Judgment!Court : Mumbai
..... in view thereof, by consent of the parties, the following issue is framed as a preliminary issue and decided hereunder: whether in view of non-registration of the partnership firm laxmi developers, the present suit is barred under section 69 of the indian partnership act, 1932 . 2. ..... laxmi developers is not registered under the provisions of the indian partnership act, 1932 ( the act ). ..... the definition of third party given in section 2 (d) of the act reads as follows: 2 (d) third party used in relation to a firm or to a partner therein means any person who is not a partner in the firm; and it is therefore submitted on behalf of defendant no.5, that the said defendant no.5 falls within the definition of a third party and the suit is filed to enforce a right arising from a contract and as such the same is barred under section 69 (2) of the act. ..... laxmi developers had ever existed legally inter alia because neither such firm in which your client purportedly claims partnership and my client was registered under the indian partnership act nor it is registered under the provisions of the income tax act nor any business much less in respect of plot of land bearing c.t.s. no. ..... section 69 (1) of the 1932 act reads: . ... ... 9. .....
Tag this Judgment!