...thus: (Mah LJ p. 723, para 38)“38. The view of the Division Bench in Chandreshwar Bhuthanath (2003) 2 Bom LR 915 (DB) that new Section 100-A of the Code brought into force...correctly.”2. In this view of the matter, the judgment and order under appeal is set aside and the matter is remitted back to the High Court for a fresh decision in accordance...

...of the Division Bench in Chandreshwar Bhuthanath (2003) 2 Bom LR 915 (DB) that new Section 100-A of the Code brought into force on 1-7-2002 is retrospective completely and shall apply...Order1. Leave granted in Special Leave Petitions (C) Nos. 2557-58 of 2003.2. In the judgment and orders impugned...

...(Nagorao v. Narayan)2, 2003 (2) Bom. C.R (N.B) 148 : 2002 (4) Mh. L.J 615, in which it is held that a revision against...… v. Vinodkumar K. Shah….)3, 2003 (3) Bom. C.R 231 : 2003 (2) Mh. L.J 120, contended that the revision has not become infructuous.4. In the said case it is held that...…Applicant; v. Dinkar S/O Shantaram Ingole…Non-Applicant.)1, 2003 (1) Bom. C.R (N.B) 40 : 2002 (3) Mh. L.J 921, and...

.... Hindustan Lever Ltd., 2003 (2) Bom LR 547 (DB).9. In the first place, the trial Court was obliged to decide the issue of jurisdiction to try and entertain the suit as presented, before...1. Heard.2. Rule. Rule made returnable forthwith, by consent.3. As short question is involved, the matter is taken for final hearing forthwith, by consent...no jurisdiction to try and entertain the suit as presented, then obviously it should not dwell upon any other matter at all. The only exception is provided by sub-section (2) to grant ad-interim relief...

...Bom 171, (2003) 2 Mah LJ 691, (2003) 4 Bom CR 79. The judgment dated 26-4-2006 2006 SCC OnLine Bom 1536 passed by the Division Bench...171, (2003) 2 Mah LJ 691, (2003) 4 Bom CR 79 was not applicable to the facts of their case. The matter was remanded to the High Court for fresh consideration on merits.2.16...of India 2003 SCC OnLine Bom 171, (2003) 2 Mah LJ 691, (2003) 4 Bom CR 79.3. Aggrieved by the judgment and order...

...Court in the case of Indubai Vedu Khairnar v. State of Maharashtra reported in 2003 (2) Bom C.R 239 and Bhima Narayan Gangurde v. State of Maharashtra...came to be rejected.2. Shri Ghatge, the learned counsel appearing on behalf of the petitioner submits that, Rule 7 of the Bombay Village Panchayat Rules, 1959...reported in 2002 (1) Bom C.R 186.4. Shri G.R Sayyed the learned counsel appearing on behalf of the respondents on the contrary submits that the resolution has been passed by the...

...Kochar, J., in the case of (Standard Chartered Grindlays Bank Limited v. Govind Phopale)1, reported in 2003 (2) Bom. C.R (O.O.C.J.... Libio Franciscio Colaco)2, Appeal Stamp No. 351 of 2003 along with other appeals and writ petitions delivered on 30-6-2003 concluded that the point was well settled and it was clear that unless...Mohite R.S, J.:— Rule.2. By consent of the parties rule is made returnable forthwith.3. The point which has been raised in this petition is covered by the...

...aside the impugned judgment 2003 SCC OnLine Bom 723, (2004) 2 Bom CR 785 of the High Court.6. We find that pursuant to the notice...judgment 2003 SCC OnLine Bom 723, (2004) 2 Bom CR 785 of the High Court, whereby the assessment proceedings itself were quashed. Since we have set aside the judgment ...Bom 723, (2004) 2 Bom CR 785 the writ petition vide the impugned orders which are subject-matter of challenge in the present appeal.4. After going through the...

...attention to the case of Trimbak Sangramappa Kadge… v. State Of Maharashtra & Others… 2003 (2) Bom. C.R 231 in which...Smt. Roshan Dalvi, J.:— The petitioners are producers of films in Marathi language.2. The State Government has framed various schemes for providing financial assistance to...Marathi films by various Government Resolutions (GRs) issued from time to time.3. The petitioners claim their right of financial assistance under the G.R dated 6th November, 2003, Exhibit-A...

...(Prabhudas Narayan Gedam v. Municipal Council, Bhadrawati)2, 2003 (2) Bom. C.R (N.B) 301 : 2003 (1) Mh. L.J 275...not tenable. The operative part of the order dated 3-12-2002 rejecting Writ Petition No. 5141 of 2002 reads thus:“In view of the judgment of this Court reported in 2003 (1) Bom...Additional District Judge at Biloli by his judgment and order dated 21-11-2002.2. Being aggrieved by the said order, the defendant approached this Court in Writ Petition No. 5141 of 2002...

...Maharashtra, reported in 2003 (2) Bom. C.R 239 in support of the proposition that the service of notice on the person against whom no-confidence motion is being considered, is mandatory and...1. Since, in both the petitions, a common question of law is involved, they are being heard and disposed of by this common order.2. The petitioner in Writ Petition No. 6811...1998 (3) Mh. L.J 204 : 1999 (1) Bom. C.R 546, followed the aforesaid Judgment in the case of Smt. Annapurnabai Ajabrao v. Annapurnabai Anandrao...

...this Court in (Vishnu Namdeo Kumar v. State of Maharashtra)1 2003 (2) Bom. C.R (A.B) 200 : 2002 (4) Mh. L.J...: A.I.R 2000 S.C 3313; (Municipal Council, Ahmednagar v. Shah Hyder Beig)5, 2000 (2) Bom. C.R (S.C....2. Respondent No. 1 has denied the petitioners' claim by filing reply affidavit of C.H Parshuram, Executive Engineer, Koyna Dam, Main Division.3. It is submitted that land...

...this Court in the case of (Vishnu v. State of Maharashtra)2, reported in 2003 (2) Bom. C.R (A.B) 200 : 2002 (4) Mh. L.J 181, in which while considering...Nagpur be released under section 48 of the Land Acquisition Act, 1894 (hereinafter ‘the Act’ for short).2. Brief facts of the case are as under. The petitioner in Writ Petition No. 576 of...proceeding. Ultimately, an award came to be passed on 20th April, 2004 and notice of possession was issued under section 12(2) of the Act. Being aggrieved by the said award the petitioners preferred...

..., 2003 (2) Bom CR 136, the term "reputation" was held to be that allusions which clearly exposit the innate universal value of reputation and how it is a cheris...Jagjit Singh, R/o A-48, Panchsheel Garden, Naveen Shahdara, Delhi-110032 .....Respondent No. 1 2. ANIL TANDON S/o Shri S.P. Tandon, R/o A...-17, Panchsheel Garden, Naveen Shahdara, Delhi-110032 .....Respondent No. 2 3. ROHIT SUJI S/o Shri Ravneek Suji, R/o A-33, Panchsheel...

..., reported in 2003 (2) Bom. C.R 838 which is upheld by the Apex Court Monarch Infrastructure (P) Limited v. Commissioner, Ulhasnagar Municipal Corporation...J.P Devadhar, J.:— Rule. Rule made returnable forthwith. By consent of parties, the writ petition is taken up for final hearing.2. The short question raised in this Public...

..., (2003) 2 Bom CR 136 has carved out some of the tests as under: (Manisha Koirala case...2002 SCC OnLine Bom 827, (2003) 2 Bom CR 136, S....2. The structural architecture of these writ petitions has a history, although not in any remote past, but, in the recent times. In this batch of writ petitions, we are required...

...under section 91 of the Act. Reliance was placed on the decision of this Court reported in 2003 (2) Bom. C.R 790 : 2003 (1) All. M.R 519 in the case of...CCS No. 5001 of 2003. The background in which the said dispute has been filed is that the respondent No. 2 society has been permitted to be registered as a Co-operative Society, whose area of operation...by the Co-operative Court by judgment and order dated 25th July, 2003. The Co-operative Court has found that since the petitioner has described the respondent No. 2 society in the plaint as alleged...

...V/s Hindustan Lever Ltd. 2003 (2) Bom. L.R. 547, has observed in para 4 as follows : It is thus clear from the law laid down by the...Shantilal Shan & Ors. reported in 2009(2) Bom. C.R.622 in support of her contention that if the issue of jurisdiction is raised under Section 9-A of the C.P.C. that issue shall have...years, Occ-Retired, R/o Nalwandi, Tq. Patoda, Dist.Beed. 2] Iqbal S/o Janu Pathan age 39 years, Occ-Agril R/o Nalwandi, Tq. Patoda, Dist.Beed...

...Mehta and another Vs. Sarojadevi Rameshchandra Chaurasia and others, 2003(2) Bom. C.R. 430 of a learned Single of this Court...Warkhedi, Tq. Pachora, Dist. Jalgaon. 2. Smt. Bhimabai D/o Sonu Kanade, Died through L.Rs. 3. Sou Sushilabai D/o Ramchandra Kanade, Died through L.Rs...Madhukar Balkrushna Bhagwat, Age 45 years, Occup.: Service, All above R/o Municipal House No. 955, Pachora, Tapachora, Dist. Jalgaon. ...RESPONDENTS 2...

...Vs. Sonu Ganaji Dhumase and others reported in 2003(2) Bom. C.R. 50 urged that revisional powers exercised by Additional Commissioner under section 7 of the Act of 1974 could not have been...Shridhar Damodhar Kamlaskar (Wani) deceased heirs and others Vs. Sonu Ganaji Dhumase and others reported in 2003(2) Bom. C.R. 50 and the judgment of the Apex Court in the case of.... Daga Holkya Bhil since deceased through L.R. And others reported in 2001(2) Bom. C.R. 597, contended that the Commissioner can...