Reported in : II(2003)ACC5; 2004(2)ALLMR769; 2003(5)BomCR825
.....clean fuel. we have seriously considered the request of mr. cama, and also taken into account the view of the state government. having regard to the facts and circumstances, we accept the submission of the state government that 1st january, 2003 should be the date for phasing out of transport vehicles more than 15 years old, unless converted to run on clean fuel. we are of the view that such transport vehicles may be operated till the 31st december, 2002, but with effect from 1st january, 2003, all transport vehicles over the age of 15 years, with the exception of best buses, shall be phased out, unless converted to run on cng/lpg. so far as the transport vehicles more than 8 years old are concerned, the state government has suggested that the effective date of phase out should be 1st january, 2005. mr. rustomjee, appearing for the petitioner, strongly objected, and submitted that the phase out date should be much earlier than what is suggested by the state government. we are of the view that such transport vehicles which are over the age of 8 years may be operated till 31st december, 2003, but with effect from 1st january, 2004, all transport vehicles over the age of 8 years,.....
Tag this Judgment! Ask ChatGPTReported in : 2004(1)BomCR319; [2004]118CompCas337(Bom); (2004)1CompLJ447(Bom)
.....of any doubts as to whether it's members or creditors are in any way affected by the scheme or any other reason. i therefore, hold that though it may not be necessary in certain cases, the transferee company is not precluded from filing of the petition for approval especially when while approving the scheme, another high court has given a direction that the scheme shall stand approved subject to the approval of the scheme by this court.in view of this, scheme is approved and the petition is allowed in terms of prayer clauses (a) to (d).the petitioner company shall pay rs. 2,500/- as costs to the regional director.parties to act on a cop of this order duly authenticated by the company registrar.
Tag this Judgment! Ask ChatGPTReported in : 2003BomCR(Cri)1606; 2003(3)MhLj866
.....constitutionality of the provisions of law in the said act is concerned, the constitutional mandate against convictions and sentences under ex-post-facto laws is very clear from article 20(1) of the constitution of india which reads thus:-- 'no person shall be convicted of any offence except for violation of alaw in force at the time of the commission of the act charged as anoffence, nor be subjected to a penalty greater than that which might havebeen inflicted under the law in force at the time of commission of theoffence.' ' the apex court time and again while interpreting the said article has ruled that the said article prohibits all convictions or subjections to penalty after the constitution in respect of ex post facto laws whether the same was post-constitutional or pre-constitutional law. this is the law laid down in rao shiv bahadur singh's case as well as in soni devrajbhai's case. in soni devrajbhai's case it was ruled by the apex court that the offence punishable under section 304-b known as 'dowry death' was a new offence created with effect from 19-11-1986 by insertion of the provision in the indian penal code providing for more stringent offence than under section.....
Tag this Judgment! Ask ChatGPTReported in : 2003(157)ELT26(Bom)
.....eventhough heavy stakes of revenue are involved in the petition. the negligence on the part of the revenue is further writ large from the fact that the bank guarantee furnished by the petitioner late shri rajneesh aggarwal is also missing with all other relevant documents. as a matter of fact, in number of cases such statements were made on behalf of revenue before this court. in one of the matters, this court had occasion to direct the chief commissioner of customs to make enquiry and to fix responsibility in that behalf after due investigation. but to our surprise, the report revealed nothing but an attempt to save the skin of the officers involved and a stoked reason was given as mentioned in the present affidavit that the file might have been misplaced due to frequent shifting of records in the last decade. looking to the attitude of the head of the customs department, we do not think any useful purpose would be served by keeping this petition pending and directing any further enquiry in the matter of missing record and bank guarantee.3. the learned additional solicitor general requested this court that notice be issued to the sole legal heir of the petitioner and.....
Tag this Judgment! Ask ChatGPTReported in : 2003(5)BomCR125
.....allowances, leave, etc. payable to the workmen employed in the administrative section of the petitioner-company and the workmen employed in the factory. the award has been principally assailed on the ground that the tribunal has committed an error by not considering the principles as delineated by the apex court in the matter of wage fixation and that while considering the demands of the workmen, the tribunal has ignored the principle of industry-cum-region and has not considered the total wage packet which would be payable to the workmen. the other contention raised on behalf of the petitioner is that the award has been made applicable from the date of the demand, that is, january 1994 and this has caused a tremendous burden on the petitioner and that, therefore the award is required to be quashed.2. the facts giving rise to the present petition are as follows:a settlement was entered into between the petitioner and the respondent-union on 14-7-1990 which was to be in operation for a period of three years. this settlement expired on 31-12-1993 and the union raised a fresh charter of demands on 5-1-1994. since no settlement was arrived at, contrary to the usual practice of.....
Tag this Judgment! Ask ChatGPTReported in : 2003(6)BomCR784
.....be made and the returning officer should pass an order with reasons in support thereof either to recall the order or otherwise, in writing. the fact that the officer had not passed any order in writing would indicate that the respondent had not made any application. obviously, some subsequent manipulation, as contended by the appellant, would have taken place, as a result of which the election petition was filed and the arguments were addressed for recounting. it is settled legal position that secrecy of ballot should not be breached and as far as possible, the secrecy of ballot should be maintained. in rare cases, the tribunal or the court is required to order recount, that too on giving satisfactory grounds for recounting. in view of the fact that the rule itself provides that, as soon as the result of the election is announced, an application in writing must be made at the first instance and the fact that no such application has been placed before us does indicate that no such application had been made on the date of the declaration of the result. the allegation of an application having been made, would be an afterthought. the tribunal, therefore, has committed manifest.....
Tag this Judgment! Ask ChatGPTReported in : 2003(3)ALLMR473; (2003)105BOMLR767
.....of any doubts as to whether its members or creditors are in any way affected by the scheme or any other reason. i therefore, hold that though it may not be necessary in certain cases, the transferee company is not precluded from filing of the petition for approval especially when while approving the scheme, another high court has given a direction that the scheme shall stand approved subject to the approval of the scheme by this court.in view of this, scheme is approved and the petition is allowed in terms of prayer clauses (a) to (d).the petitioner company shall pay rs. 2,500/- as costs to the regional director.parties to act on a copy of this order duly authenticated by the company registrar.
Tag this Judgment! Ask ChatGPTReported in : [2006]143STC486(Kar)
.....for the petitioner-assesses that the tribunal as well as other authorities under the act committed an error in holding the petitioner as 'manufacturer' and, even otherwise, when the turnover of the petitioner during the relevant 3 periods in question was less than rs. 2 lakhs, it was not liable to pay tax but, still wrongly interpreting section 5(5)(b)(ii) of the act held that the petitioner is liable to pay tax, as determined by the assessing authority and consequently, all the said orders require to be interfered with. on the other hand, the learned counsel for the respondent supported the impugned orders. perused the records carefully.3. brief facts, which gave rise to the present petitions are : the petitioner is engaged in the manufacture of tyre flaps for and on behalf of m/s. vikrant tyres, mysore, and for the purpose of manufacturing of tyre flaps, the petitioner had purchased firewood locally within the state of karnataka from unregistered dealers. on inspection of its premises, on september 6, 1994, it was issued with a notice and then proceeded to pass order imposing tax on the turnover of purchase of firewood by it during the years 1991-92, 1992-93 and 1993-94......
Tag this Judgment! Ask ChatGPTReported in : 2003(3)ALD363; 2003(3)ALT386
.....and section 151 cpc requesting leave of the court to receive the document viz., tape cassette.2. heard both sides. on a consideration, briefly, the facts of the case which emerge are that the respondents herein have filed the suit for recovery of a sum of rs. 1,62,133/- on the foot of a promissory note, dated 24.5.1999 alleged to have been executed by the petitioner-defendant for a sum of rs. one lakh repayable with interest at 24% per annum. contesting the suit claim, the case of the petitioner-defendant in the written statement filed on 1.6.2002 was that the said promissory note is a rank forgery and the same was brought out at the instance of one sri k.e. vara prasad @ tanker prasad of dhone as a result of certain existing disputes relating to money transactions between the said prasad and the sister of the defendant. thereupon the court below framed the issues on 24.6.2002. after the trial commencing on 16.9.2002, the respondent-plaintiff closed the evidence on his side on 9.10.2002 after examining two witnesses. thereafter, the matter was posted on 28.10.2002 for the evidence of the petitioner-defendant and on which day these two applications were filed. the case of the.....
Tag this Judgment! Ask ChatGPTReported in : 2003(3)ALT376; (2003)IIILLJ379AP
.....before proceeding on an analysis of their terms. regulations 19 and 20 of the 1979 regulations are the only ones urged to be relevant to the facts of the case. they read as under:'age of retirement:19. (1) the age of retirement of an officer employee shall be as determined by the board in accordance with the guidelines issued by the government from time to time- 'provided that the bank may, at its discretion, on review by the special committee/special committees as provided hereinafter in sub-regulation (2) retire, if it is of the opinion that it is in the public interest, an officer employee on or at any time after the completion of 55 years of age or on or at any time after the completion of 30 years of total service as an officer employee or otherwise, whichever is earlier'. provided further that before retiring an officer employee, at least three months' notice in writing or an amount equivalent to three months' substantive salary/pay and allowances, shall be given to such officer employee: provided further that an officer aggrieved by the order of the competent authority, as provided in sub-regulation (2) may, within one month of the passing of the order, give in.....
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