Court : Mumbai
Reported in : (1955)57BOMLR29
..... 15provided that where payment is made upon issue for sale from a warehouse established or licenced under section 15 such payment shall be at the rate of the duty in force at the date of the issue from the warehouse.7. the crucial argument was founded on the proviso already set out by me. the argument was that section 19 ..... tobacco should get an unearned profit on its sale) imposing a special duty on all tobacco which had paid excise duty in force at the date of the act and was at that date held and intended for sale. the act was challenged as unconstitutional on the ground that the legislature having once excised an article could not excise it a second time ..... been some force in this contention if the law were that excise duty on particular goods could be enforced only once. but that, as i shall point out later on, is not the strictly accurate legal position. but even apart from that the argument was that the proviso as well as the other provisions contained in section 19a of the act control .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR302; 2008(6)BomCR445; (2008)110BOMLR2275
..... court came to the conclusion that the plaintiffs cannot claim partition of the family dwelling house in view of legal embargo enumerated in section 23 of the hindu succession act. the suit for relief of partition was, therefore, dismissed. however, injunction was clamped restraining deceased defendant - madhukar from alienating the portion of suit house, which ..... embargo stands declamped ?9. heard counsel. 10. the two legal questions of significance need consideration. first, whether elimination of section 23 of the hindu succession act under the amendment act no. 39 of 2005 now gives right to the appellant to claim her share in the suit house at par with that of deceased madhukar, who was ..... of section 23a. the amended provision of section 29a is introduced under chapter ii-a, which is part and parcel of chapter ii of the hindu succession act, which contains section 23. the provision of section 29a, as applicable to the state of maharashtra reveals that the chapter ii-a shall not apply to a .....
Tag this Judgment!Court : Mumbai
Reported in : I(2006)ACC89
..... of appeal made under section 173 of the act falling in chapter xii of the act is not made applicable to the claims ..... of the act and the rules would clearly indicate that the provisions ..... of appeal is not provided either in the act or rules. it is made beyond doubt clear by section 144 of the act that the provisions of chapter x shall have overriding effect notwithstanding anything contained in any other provision of the act or of any other law for the time being in force. the conjoint reading of al 1 the provisions .....
Tag this Judgment!Court : Mumbai
Reported in : 1991CriLJ2819
..... is a fit case where a departure from the normal rule should be made and the criminal case should be stayed.13. in my judgment there is considerable force in the submissions advanced by shri rane and they merit acceptance. i find that the petitioner cannot be held to be guilty of dilatory tactics in order ..... shipping corporation of india ltd. : (1988)iillj202sc wherein the supreme court expressed the view taken in the foregoing case and observed as follows (at p. 2251 of air) :-'the term' officer or employee' of a company applies not only to existing officers or employees but also to past officers or employees if such officer or employee ..... december, 1979.6. by a notice dated 25th july, 1979 the estate officer initiated the proceedings against the petitioner under the public premises (eviction of unauthorised occupants) act, 1971. on the 5th january, 1980 the estate officer passed an order directing the petitioner to vacate the premises within 14 days. being aggrieved the petitioner filed in .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom262
..... court did not in fact annul the order of adjudication, the result of the composition scheme has the effect of annulling the order of adjudication. section 39, provincial insolvency act provides, so far as it is material, that if the court approves the proposal for the composition, its terms shall be embodied in an order of the court, the ..... daulatrao v. malojirao' : [1952]1scr402 , that even if the order is 'ultra vires', the suit would be attracted by the pro-visions of section 4 (a), bombay revenue jurisdiction act.mr. samant argues that this is a suit in which government is not a party, and therefore the bar imposed by section 4(a) will not apply. now, the defence ..... order of adjudication having not been annulled by the insolvency court.9. mr. samant has also argued that the plaintiff being a tenant is protected by the bombay tenancy act, 1939. in this connection he points out that the plaintiff was a tenant as the record in the suit shows. now, the plaintiff's claim was upon the .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(2)BomCR466
..... be recoverable in the same manner as an amount claimed on account of any tax recoverable as arrears of land revenue under any law for the time being in force in the union territory. (6) nothing contained in this section shall apply to any building which is used or required for public service, or for any public ..... the imperative sense. in support of his argument he relied upon the decisions of the chief controlling revenue authority and another v. the maharashtra sugar mills ltd., a.i.r. 1950 s.c. 218, ramji missar v. state of bihar, : air1963sc1088 , state of uttar pradesh v. jogendra singh, : (1963)iillj444sc , sardar govindrao and others v. the state ..... the panchayat fails to perform any duty imposed on it is for the collector or his subordinate to exercise powers vested under section 49 of the village panchayat regulation act and demolish the said illegal construction of the gallery'.again it is submitted' .....that the petitioner has also joined the respondent no. 3 in this petition and .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(1)ALLMR438; 2(2006)DMC609
..... that such contract is purely civil and is presumed to be perpetual, without prejudice to its dissolution by way of divorce as per the provisions of the decree with the force of law dated 3rd november, 1910. article 3 mandates that all portuguese shall solemnize the marriage before the official of civil registration under the conditions and in the manner established .....
Tag this Judgment!Court : Mumbai
Reported in : (1950)52BOMLR25
..... provincial government requisitions or acquires any moveable property, the owner thereof shall be paid such compensation as that government may determine:section 154 of the government of india act, as adapted by the india (provisional constitutional) order, 1947, runs as follows: property vested in his majesty for purposes of the government of the dominion ..... the central government, of the total value rs. 3,50,000, was taken into account and the annual value under section 127(b) of the municipal act was determined at rs. 93,370. the respondents objected to this assessment before the chief executive officer of the appellants. the deputy executive officer reduced the ..... february 26, 1943. it recited' that the immoveable property, particulars whereof were set out in the schedule thereunder, had been requisitioned under the defence of india act, 1939, and the rules framed thereunder, and that on april 12, 1942, possession was taken under the authority of the government and that as the owners .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR2371
..... petitioner could not have been disbelieved. 34. in his sur-reply, senior advocate shri nadkarni has stated that coming into force 93rd constitutional amendment, after first judgment of hon'ble apex court in indra sawhney and ors. v. union of india and ..... etc. of 'mahadeo koli' scheduled tribe community.' the applicant and his father did not furnish any documentary evidence prior to 1950 to establish applicant's tribe claim. the vigilance officer and even the committee tried to get the record, but the applicant ..... mind by the authorities. the authorities like talathi did not record any statements of the neighbours or relatives and acted only on affidavit filed by petitioner and information supplied by him. we find that his application therefor was itself ..... patil and anr. v. addl. commissioner, tribal development and ors., (supra) paragraph 13 in scc or 12 in air is the important para:12. the admission wrongly gained or a appointment wrongly obtained on the basis of false social status .....
Tag this Judgment!Court : Mumbai
Reported in : (1982)84BOMLR427
..... the learned advocate general is unwarranted and the attempt to mulct him cannot but be deplored;(e) as long as government circular dated 31st march 1981 is in force, it must be acted upon and unless any allotment is earmarked for a particular purpose by the central government or any condition is attached thereto by the central government distribution of ad ..... degree of probability must be commensurate with the charge levelled. in support of this proposition, shri sen has relied upon a passage from denning l.j. in batar v. bater (1950) 2 all. e.r. 458 quoted with approval in hornal v. neuberger products ltd. (1957) 1 q.b. 247 dellow's will trusts (1964) 1 all. e.r. 771, ..... rejected the chant of discretionary power noting that this 'mantra' is put forward only to conceal abuse of power.83. as far back as 1917 the privy council has commented air [1917] p.c. 6 upon the failure of parties to litigation in india to furnish to the courts the best material for its decision. in the present matter the .....
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