Court : Mumbai
..... of duty chargeable under schedule-i on a document of the like description executed in this state less the amount of duty, if any, already paid under any law in force in india excluding the state of jammu and kashmir on such instrument when it was executed ; (b) and in addition to the stamps, if any, already affixed thereto ..... reproduced below:- section 2(d) : chargeable means, as applied to an instrument, executed or first executed after the commencement of this act, chargeable under this act, and as applied to any other instruments, chargeable under the law in force in the state when such instrument was executed or, where several persons executed the instrument at different times, first executed. section 2 ..... regard to rates of stamp duty. this aspect has been considered by the hon'ble supreme court in the case of bar council vs. state of u.p. (air 1973 sc 231).paragraphs-11 and 12 read as under:- 11. now entries 77 and 78 in list i in the seventh schedule to the constitution are as follows .....
Tag this Judgment!Court : Mumbai
..... magistrate or the district magistrate may take or cause to be taken such steps and use, or cause to be used, such force, as may, in his opinion, be necessary. (3) no act of the chief metropolitan magistrate or the district magistrate [any officer authorised by the chief metropolitan magistrate or district magistrate] done in ..... was no question of selling and/or transferring of such property, specifically based upon the admitted symbolic possession. the judgment in nagin mansukhlal dagli vs. haribhai manibhai patel, air 1980 bom 123, is of no assistance. those facts are revolving around the "licensor" and "licensee" and "landlord and tenant" relationship. itc, being subsequent purchaser, ..... ors., (wp no.232 of 2014, calcutta high court) dated 25 march 2014 d) m.v.s. manikayala rao vs. m. narasimhaswami and ors., air 1966 sc 470 basic submissions of ifci and supporting judgments:- 34. the learned senior counsel appearing for ifci, resisted the contentions and claims of bchl and made submissions .....
Tag this Judgment!Court : Mumbai
..... section 67 and the proviso to section 68 of indian evidence act. the law does not insist on the propounder giving evidence in each and every case. if the other evidence is sufficient, be it of a single attesting witness, (ramabai padmakar patil v rukminibai vishnu vekharde, air 2003 sc 3109)nothing more is needed (savita dattatraya karandikar v ..... in cross-examination truthfully. there is no mention anywhere in their evidence of jitendra compelling the deceased to sign the will, or in any way exercising some form of force or influence or coercion over him; nor is such a case put to either of the attesting witnesses. there is no evidence of importunity. the defendant seeks in ..... discomfort, these, if carried to a degree in which the free play of the testator's judgment, discretion or wishes is overborne will constitute undue influence, though no force is either used or threatened. and thus sir wilde concludes: in a word a testator maybe led but not driven and his must be the off-spring of his .....
Tag this Judgment!Court : Mumbai
..... the appropriate stamp duty payable on any instrument executed on a particular date in the past, which could be as early as the year 1959 when the stamp act came into force. further, the petitioners state that is ex facie unreasonable, irrational and arbitrary for respondent nos.1, 2 and 3 to require all banks and financial institutions ..... penal measure even in civil proceedings. 38. further elaborating this concept in a latter decision in the case of pratibha processors and ors. vs. union of india and ors., air 1997 sc 138, the hon'ble supreme court explains it thus : fiscal statutes with import of the words tax , interest , penalty etc. are well known. they are ..... failure means 'a falling short', 'deficiency' or 'lack'. it has also referred to a judgment of allahabad high court in the case of ram kishore vs. bimla devi, air 1957, all. 658. 94. even in common parlance and going by the dictionary meaning it means the omission of expected or required action. therefore, if that cannot be .....
Tag this Judgment!Court : Mumbai
..... purpose of deciding this second appeal are as under:- 3. shri kshetra mahableshwar devasthan-trust (plaintiff no.1) is a religious trust registered under the bombay public trust act, 1950. the other plaintiffs were the office bearers and trustees of the said trust. it was the case of the plaintiffs that the plaintiff no.1 was the owner of ..... the relationship of the landlord and tenants still continued and the said lease deed dated 24th august, 1943, entered into between the plaintiff no.1 and defendants was in force and was binding on the defendants. 6. on 22nd august, 1996, the plaintiffs filed regular civil suit no. 334 of 1994 against the defendants in the court ..... of the land under the provisions of the act of 1975. in support of this submission, learned counsel placed reliance on the judgment of supreme court in case of godrej and boyce mfg.co.ltd. and anr. vs. the state of maharashtra and ors. and other connected matters, reported in air 2014 sc 1446 and more particularly paragraphs 25 .....
Tag this Judgment!Court : Mumbai Goa
..... another proceedings by way of second inning. despite of receiving the said reply, the respondent no.1 continued to visit the property and threatened the petitioners which forced the petitioners to lodge a complaint to the police. thereafter, the impugned order came to be passed dated 10.07.2014 and subsequently, the second impugned order ..... invoke the same documents which have been held to be vitiated to proceed to initiate action under the sarfaesi act. 19. in this connection, the learned division bench of calcutta high court in the judgment reported in air 2011 calcutta 57 in the case of debasree das v/s the state of west bengal and ors, has ..... in law to initiate proceedings under the sarfaesi act. sections 35 and 37 of the sarfaesi act read thus: 35. the provisions of this act to override other laws.- the provisions of this act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue .....
Tag this Judgment!Court : Mumbai
..... , and other local authorities; (c) railway administration as defined under the indian railway act, 1890; (d) shipping and construction companies; (e) air transport companies and airlines; (f) ***** (g) maharashtra state road transport corporation constituted under the road transport corporation act, 1950; (h) customs department of the government of india administering the customs act, 1962; (i) insurance and financial corporations or companies and banks included in ..... the second schedule to the reserve bank of india act, 1934 (2 of 1934); (j .....
Tag this Judgment!Court : Mumbai Nagpur
..... by the assistant charity commissioner, who is empowered to decide the issues raised in the suit and, therefore, the bar under section 80 of the act would forcefully apply. he then submitted that the decision on which reliance has been placed by the learned trial judge do not have any application and ought to ..... such trusts are properly administered public interest will suffer. therefore, matters affecting administration of such trusts are covered under section 50 of the bombay public trusts act. this situation is somewhat similar to suits under section 92 of the code of civil procedure. these suits are suits in representative capacity and pertain to ..... when the judicial officers of the rank of district judge presides over as joint charity commissioner. it has given rise to conundrum. under the maharashtra cooperative societies act, 1960, all types of disputes are to be decided by cooperative court, appeal/revision by cooperative appellate court. in fact, no disputes are now required to .....
Tag this Judgment!Court : Mumbai
..... evidence. thereafter, in paragraph 7 of this decision, the supreme court quoted with approval the decision in the case of calcutta gas co. (proprietary) ltd vs state of w.b. (air 1962 sc 1044)wherein it was observed thus:- " no second petition for writ of habeas corpus lies to the high court on a ground on which a similar petition had ..... the constitution of india seeks to challenge the order of detention under section 3 of maharashtra prevention of dangerous activities of slumlords, bootleggers, drug-offenders and dangerous persons act, 1981 ('m.p.d.a. act' for short) passed against the detenu. the petitioner had earlier filed writ petition no. 2640 of 2015 challenging the validity of the very same detention order. the .....
Tag this Judgment!Court : Mumbai
..... any objections from public. in these circumstances, indubitably, the mandatory procedural compliances prescribed under subsections (3), (4) and (5) of section 3 of the said act have not been followed. non-publication of the draft notification had clearly resulted in denial of opportunity to public to file objections to the proposal of the state ..... manners which have been prescribed by the statute and not otherwise. supreme court in the case of hukam chand shyam lal vs. union of india reported in air 1976 sc 789, has observed thus:- 18. it is well settled that where a power is required to be exercised by a certain authority in a ..... nagar panchayat till the said nagar panchayat is duly constituted. 3. the petitioners are elected members of gram panchayat, pali, established under the provisions of maharashtra village panchayat act, 1958. according to the petitioners prior to publication of the impugned final notification dated 26 june 2015, the procedure prescribed in sub-sections (3), (4) and .....
Tag this Judgment!