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First Income-tax Officer Vs. South India Corpn. (A) Ltd.

Court : Mumbai

Reported in : [1995]55ITD1(Mum)

..... assessment is misconceived, and resort to section 147(b) is without justification.11. to the argument that erroneous assessment made under section 172(4) will remain in force if authority is not conceded to ito under section 147, it may be mentioned in passing that rectification (under section 154) or revision by cit may be proper ..... therefore, the general provisions of section 147 are not applicable to a special type assessment for shipping business. in an assessment under the general provisions of the act, there could be only one assessment in respect of the whole of the previous year whereas there could be any number of assessments under section 172(4) ..... hence the re-assessment proceedings become invalid. he, accordingly set aside the re-assessment proceedings and restored the original order under section 172(4) of the income-tax act. in doing so, the learned commissioner (appeals) did not deal with other grounds raised before him. the revenue is aggrieved and has come up in appeal before .....

Mohinder Kaur Kochar Vs. Mayfair Housing Private Ltd. and Others

Court : Mumbai

..... , which reads as under:- chapter ix [settlement of disputes] 91. disputes (1) notwithstanding anything contained in any other law for the time being in force, any dispute touching the constitution, elections of the committee or its officers other than elections of committees of the specified societies including its officer, conduct of general ..... in vardhamandevelopers limited v. thailambal co-operative housing society ltd. and ors., wherein the learned single judge observed as under:- section 91 (of the act) brings within its purview disputes touching inter-alia the constitution, management or business of a society. now in the present case, the process of re- ..... as only co-operative court has the jurisdiction to try the subject-matter of the present suit under section 91 of the maharashtra co-operative societies act, 1960 (hereinafter the act, for short). 2. respondent no. 1 herein (hereinafter referred to as the plaintiff) entered into re-development agreement with ganga vihar co- .....

Mohinder Kaur Kochar Vs. Mayfair Housing Private Ltd. and Others

Court : Mumbai

..... 91, which reads as under:- chapter ix [settlement of disputes] 91. disputes (1) notwithstanding anything contained in any other law for the time being in force, any dispute touching the constitution, elections of the committee or its officers other than elections of committees of the specified societies including its officer, conduct of general ..... 2011 in vardhamandevelopers limited v. thailambal co-operative housing society ltd. and ors., wherein the learned single judge observed as under:- section 91 (of the act) brings within its purview disputes touching inter-alia the constitution, management or business of a society. now in the present case, the process of re- ..... as only co-operative court has the jurisdiction to try the subject-matter of the present suit under section 91 of the maharashtra co-operative societies act, 1960 (hereinafter the act , for short). 2. respondent no. 1 herein (hereinafter referred to as the plaintiff ) entered into re-development agreement with ganga vihar co- .....

Babasaheb Bapusaheb Patil and Others Vs. The State of Maharashtra and ...

Court : Mumbai

..... voters, as required, can be published for the purpose of election and/or other related matters. this is certainly in the background of the m.c.s. act, acts, rules and the bylaws of the society, which deals and govern with various kinds of members and their statutory rights including a publication of their names in ..... deletion of the voters from the provisional and/or final list cannot be maintained at the instance of the petitioners. 4) the relevant rules which have been in force with effect from 11.09.2014 called the maharashtra cooperative societies election to the committee rules, 2013 (the rules), part-iii (preparation of electoral roll), ranging from ..... of the society-respondent no.4 have been considered/accepted by the returning officer-respondent no.4, in view of the provisions of the maharashtra co-operative societies act, 1960. however, by the present petition, the action of respondents of finalising the voters' list by deleting the other 804 members has been challenged and thereby .....

Ashok Leyland Limited Vs. Union of India and Others

Court : Mumbai

Reported in : 1986(26)ELT676(Bom)

..... shri natu's challenge to the maintainability of the present writ petitioners. we are conscious of the position that chapter vi-a of the act which was brought into force in october 1982 provides for a complete machinery by way of appeals review and reference against impugned orders. shri hidayatullah who appears for the ..... charges' and commission (margin). it is common ground that the superintendent central excise, issued show cause notices to the petitioners under section 11a of the act, claiming that these items also ought to have been included in the assessable value of the goods for levying the correct excise duty. the petitioners submit ..... orders passed by respondent no. 2 assistant collector, central excise, nagpur (for short, the respondent) under section 11a of the central excise and salt act, 1944, (hereafter the act) directing the petitioners to pay short levied excise duty on the motor vehicles manufactured by them at their bhandra factory.2. the material facts lie within .....

Hirachand Sunderji Vs. Venidas Nemchand

Court : Mumbai

Reported in : AIR1933Bom194; (1933)35BOMLR271

..... the courts, that :-in the administration of civil justice, the court of the resident shall be guided by the spirit and principles of the laws and regulations in force in the presidency of bombay, and administered in the courts of that presidency not established by royal charter, and in the high court in the exercise of its jurisdiction ..... to be taken at its face value it would make it unnecessary to extend any enactment in force in this presidency to aden, which is a scheduled district under the scheduled districts act and to which all the laws applicable to bombay presidency do not necessarily apply. the object of separating certain districts as scheduled ..... court would have the power and discretion not to apply the act strictly. but this is the only concession he would make with reference to the words 'the spirit and principles of the laws and regulations in force'.9. now, it seems to me that such a contention places too great a strain on that provision. if it is .....

Harinder Kaur Narender Singh Dhanova and ors. Vs. Narender Singh Ratta ...

Court : Mumbai

Reported in : II(1992)DMC623

..... provisions of law and the decisions,the jurisdiction of this court on its original side is not ousted of any of theprovisions contained in the family courts act, 1984 and this court shallcontinue to exercise the jurisdiction vested in it under the letters patent andall others laws, notwithstanding the provisions of sections 7 and ..... suit or proceeding in relation to the guardianship of the personor the custody of, or access to, any minor.(2) subject to the other provisions of this act, a family court shallalso have and exercise:(a) the jurisdiction exercisable by a magistrate of the first classunder chapter ix (relating to order for maintenance of wife, ..... reads as under :7. jurisdiction:-(1) subject to the other provisions of this act, afamily court shall:(a) have and exercise all the jurisdiction exercisable by any districtcourt or any subordinate civil court any law for the time beingin force in respect of suits and proceedings of the nature referredto in the explanation; and(b) be .....

Shri Sanjay Marutirao Patil Vs. Union of India (Uoi),

Court : Mumbai

Reported in : 2008(2)ALLMR471; 2008(6)BomCR208; [2008(117)FLR459]; 2008(4)MhLj758

..... in nature and called upon the petitioner to explain why he should not be discharged from army service under the provisions of section 20 of the army act, 1950 (the army act) read with rule 17 of the army rules, 1954 (the army rules). section 20 and rule 17 read thus:20. dismissal, removal or reduction ..... v. union of india : 1990crilj2148a has observed that the constitution contains special provisions in regard to armed forces. chapteriii of the constitution granting fundamental rights is restricted or abrogated in respect of members of armed forces under article 33 of the constitution. the appellate jurisdiction of the apex court under article 136 of the constitution ..... has been excluded in relation to judgments under the army act. similarly the supervisory jurisdiction of the high court under article 227 (4) is excluded in matters relating to armed forced. only the power of judicial review under articles 32 and 226 of the constitution to grant .....

Shyamlal Smarak Arya Shikshan Sanstha Vs. Marathwada University and or ...

Court : Mumbai

Reported in : 1987(2)BomCR171; 1987MhLJ439

..... priority of the applications received and forward the results to the state government for approval;'sub-section (4-a), which was inserted by the amending act no. 14 of 1984, which came into force on 23-5-1984, enables any person to apply before 30th november in any year for opening of a new college, notwithstanding anything contained ..... . not only the mandatory procedure was not followed but the action was inordinately delayed. there is, therefore, justification for drawing an interference that the concerned university authorities acted mala fide in passing the impugned resolution and making the impugned recommendation to the state government.21. an attempt was made to challenge the maintainability of the petition on ..... m.s. jamdar, j.1. the petitioner-society shamlal smarak arya shikshan sanstha was established in 1950 and it runs several educational institutions within the jurisdiction of the marathwada university. it is claimed to be a minority institution founded by the arya samaj. this .....

The Petlad Town Municipality Vs. the Petlad Keshav Mills Co. Ltd.

Court : Mumbai

Reported in : (1959)61BOMLR795

..... repealed. the provisions of the baroda state (application of laws) order, 1949, were repealed and re-enacted by bombay act iv of 1950 called the bombay merged states (laws) act, 1950, and by schedule 1 to that act bombay act iii of 1901 was extended to the area of the former baroda state with the addition of section 180a which was ..... the former baroda state must be deemed to be continued by the bombay merged states (laws) act, 1950, read with bombay act iii of 1901.8. mr. kotwal on behalf of the municipality contended that there was no provision in bombay act iii of 1901 under which a remission of the nature granted to the company could be claimed. ..... the said municipalities under the appropriate provisions of the said act on the said date and continue in force until altered, repealed or amended by a competent authority.by bombay act iv of 1950, bombay act iii of 1901 was applied to municipalities in the merged areas, by including that act in the first schedule with the addition of section 180 .....