Court : Mumbai
Reported in : AIR1979Bom218; (1980)82BOMLR243; 1979MhLJ163
..... facts and circumstances of the present case. the division bench while construing the provisions of the bombay public trusts act, 1950 as well as section 88-b of the tenancy act, in the said decision observed as under (at paragraphs 25, 26 of air):--'clause (b) grants exemption to the properties of certain types of trusts and the proviso lays down two conditions ..... accept the view of the maharashtra revenue tribunal that the trust ought to hava been a registered trust on 1st august 1956 on which date section 88-b came into force, in order that the land may be entitled to exemption under that section. there is nothing in the terms of clause (b) of section 88-b (1) which ..... of those trusts which were already in existence when section 88-b came into force. the exemption granted by section 88-b is not confined to the operation of sections 32 to 32r of the act, but extends to the operation of several other provisions of the act, a trust may be created after section 88-b came into effect and still .....
Tag this Judgment!Court : Mumbai
Reported in : [1979(38)FLR179]; (1979)IILLJ24Bom; 1979MhLJ420
..... permit such exercise in futility. 12. fifthly, and more importantly, legislature, in its wisdom has already prescribed limitation of three months under s. 79(3) of the act for such application. the same is merely extended under the explanation to s. 78 by such period as would be strictly necessary to arrive at the agreement, on approach ..... ). in the miscellaneous petition by the employee against this order of the labour court, the learned judge did hold that proviso to s. 42(4) of the act contemplates prescribing limitation only for the period, within which the agreement between the employer and employee should be arrived at, after approach by the latter and not for ..... in its entirety is ultra vires. the employee in that case had first approached the labour court without complying with the proviso to s. 42(4) of the act. he, however, withdrew the said application and filed a fresh one after approaching the employer and securing his written refusal to cancel the impugned order. employer's .....
Tag this Judgment!Court : Mumbai
Reported in : 1979(4)ELT275(Bom)
..... whether the product mnpt is commonly or normally used in the dyeing process and then decide its liability for tax, under item 14d of the schedule to the central excise act in the light of the observations made above in she judgment (b) consider, after deciding the question in (a) above, whether in the light of the provisions of chapter ..... legality of an order passed by assuming the jurisdiction where none exists cannot be questioned. if on a proper interpretation of the item in the schedule of the central excise act it is found that the item is not liable to central excise, then the order passed must be held to be an illegal order or an order without the ..... the product mnpt was capable of being used in a dyeing process and therefore the petitioners must pay appropriate duty under item 14 d of the first schedule of the act. the contention of the petitioners that the product was not liable to duty on the ground that the same was being used in the further manufacture of pigment dyestuff in .....
Tag this Judgment!Court : Mumbai
Reported in : [1980]50CompCas335(Bom)
..... at the compensation payable to the company the growth factor was taken at a particular ratio after comparing the extent of business between 1946 and 1953 and between 1950 and 1955. the annual average surplus was determined at rs. 1,63,871 after taking into account the surpluses shown by the several valuations covering the period ..... that the market value as on january 1, 1954, was required to be determined in accordance with the formula prescribed in the schedule to the life insurance corporation act, 1956. this contention was not accepted by the tribunal. the tribunal then considered the various items as had been considered by the aac and substantially accepted the ..... . 9. the assessee carried the matter in second appeal to the income-tax appellate tribunal, where it was contended on its behalf that compensation under the said act was paid to new india for loss of its management right and, therefore, the amount received was essentially a capital receipt. it was emphasised that the assessee .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1979Bom311
..... public street in the suburbs the regular line of a public street operative under any law in force in any part of the suburbs on the day immediately preceding the date of coming into force of the bombay municipal (extension of limits) act, 1950, (and in the case of any public street in the extended suburbs the regular line of ..... a public street operative under any law in force in any part of the extended suburbs on the day immediately preceding ..... the decisions of this court be deemed invalid.'16. in nagpur improvement trusty, vithal rao, air 1973 sc 689, the court was concerned with the validity of the nagpur improvement trust act. when land was acquired under the provisions of that act compensation was required to be determined according to the use to which the land was put at .....
Tag this Judgment!Court : Mumbai
Reported in : 1979CriLJ1231; 1979MhLJ584
..... first instance and draw what possible conclusions we think ought to be drawn. thereafter we will refer to the case law that has been cited before us. the act came into force on 24th august 1953. it did not contain the present provisions of sections 22-a and 22-b. in fact, there has been an exhaustive amendment of ..... , inquired into, tried and otherwise dealt with according to the same provisions, namely, the provisions of the code, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. the normal law available for investigation, inquiry, trial or otherwise dealing with ..... not correct to say that it applies to the facts and circumstances of this case. for instance, in an old judgment of this court in pursushottam devji v. emperor air 1944 bom 247 the question related to the disposal of property. under the defence of india rules, 1939, by rule 81(4) it was provided that if the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1980Bom9
..... hopelessly failed in achieving that object. this order refers to the procedure for appropriation of unoccupied land within the limits of the military cantonment after this order came into force. clause 5 of this order mentions that the permission granted to occupy the land within the cantonment area confers no proprietary rights on the occupant. by another order ..... v. satish chandra sen . in this case the property belonging to the respondent before the privy council was being acquired for a public purpose under the land acquisition act viz. act no. 1 of 1894. the respondent set up a claim that he was the full owner of the property and on that basis he was entitled to compensation. ..... of title were determined.12. mr. paranjpe's reliance on another judgment of the supreme court in d.l.f. housing construction ltd. v. delhi municipal corpn. (air 1979 sc 386) also seem to be misplaced when we notice the basis of that decision. there the supreme court held that in a case where the basic facts are .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1980Bom123
..... this high court on its original side or the bombay city civil court possessed prior to the coming into force of the said amending act. in other words, according to mr. sanghavi, after the said act came into force, a person who has granted a licence to another to use and occupy his immovable property has on the ..... one hundred rupees in value and which were triable by the bombay presidency small cause court. the bombay city civil court act, 1948, and the bombay high court letters patents act, 1948, were both brought into force simultaneously on august 16, 1948 by notifications dated august 14, 1948. thus, after the amendment to clause 12 of the ..... the provisions of the bombay rents, hotel and lodging house rates control act, 1947, the bombay government premises (eviction) act, 1955, the bombay municipal corporation act, the bombay housing board act, 1948 or any other law for the time being in force, applies.' the said amending act came into force on july 1, 1677.7. in support of the plaintiff's .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1980Bom62; (1980)82BOMLR119; 1980MhLJ17
..... judge in such appeal or from any decree passed in such appeal.'section 97 (2):-- (repeal and savings)'notwithstanding that the provisions of this act have come into force or the repeal under sub-section (i) has taken effect, and without prejudice to the generality of the provisions of section 6 of the general clauses ..... ). indeed, this provision indicates that the legislature was not oblivious but conscious of the principle that rights and causes of action vested prior to the coming into force of a new law or an amending enactment are saved unless taken away expressly or by necessary implication. it is precisely to meet this situation that section 97 ..... b) ram singh v. shankar dayal, : air1928all437 {fb), (c) kirpa singh v. rasalidar, air 1928 lah 627 (fb), (d) in re: vasudeva samiar, air 1929 mad 381 (sb); (e) radhakisan v. sridhar, air 1950 nag 177 (fb); (f) gordhandas v. governor-general in council, air 1952 p&h; 103 (fb). this principle was applied also by this high court in nana aba .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1980Bom148; (1980)82BOMLR137; 1979MhLJ687
..... proviso to section 88-b (1) are satisfied by any trust. the trust has to satisfy two conditions. first, the trust is registered under the bombay public trusts act, 1950. second, the entire income of the lands which are the property of the trust is appropriated for the purposes of such trust. the certificate granted by the collector shall ..... 26, 1959 whereby it was certified that the present petitioner trust is an institution for public religious worship and as such is registered under the bombay public trusts act, 1950 and the entire income of the lands mentioned in the schedule appended is appropriated for the purposes of the trust and thus the conditions to the proviso to sub ..... -section (1) (b) of section 88-b would be exempt from the operation of some of the provisions of the act, provided such trust is or is deemed to be registered under the bombay public trusts act, 1950. and the entire income of such lands to appropriated for the purposes of such trust. in a proceeding where a claim .....
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