Court : Mumbai Nagpur
..... reinstate the petitioner and on that count the revision application filed by the gram panchayat came to be allowed. as a result, the order of dismissal came into force. being aggrieved, the petitioner has filed the present writ petition. 4. shri y. p. kaslikar, learned counsel for the petitioner submitted that the action of ..... was directed to be reinstated in service. the gram panchayat being aggrieved by aforesaid order filed a revision application under section 61(1) of the said act. the chief executive officer after hearing the concerned parties held that there were various complaints received concerning discharge of duties by the petitioner. similarly, serious allegations ..... 3. the petitioner being aggrieved by aforesaid order of dismissal filed an appeal before the block development officer under provisions of section 61 of the said act. the block development officer after hearing the concerned parties passed an order on 18-7-2013 and held that in so far as the registration of .....
Tag this Judgment!Court : Mumbai
..... after three months from the enactment of this section or, as the case may be, the coming into force of the bombay municipal (extension of limits) act, 1950 or the coming into force of the bombay municipal {further extension of limits and schedule bba {amendment} act, 1956) upon any land, building, wall, hoarding or structure save and except as permitted or exempted ..... and ors. v municipal corporation of greater bombay and anr., 1992 mh lj 1142; kandivli co-operative industrial estate and anr. v municipal corporation of greater mumbai and ors., 2015 air scw 1217 : 2015 scc online sc 98)or, for that matter, between a tax, a fee and a compensatory tax (jindal stainless ltd. (2) and anr. v ..... v commercial tax officers, palakol, and ors., (2006) 6 scc 763): 15. it will be thus seen that the statement of law made in shirur mutt case [air 1954 sc 282 : 1954 scr 1005] regarding the attributes of fee has undergone a sea change. the consistent view now is that there is no generic difference between a .....
Tag this Judgment!Court : Mumbai
..... demand strict adherence. 12. we must also make reference to the decision of the supreme court in saeed zakir hussain malik v state of maharashtra and ors. (air 2012 sc 3235 : (2012) 8 scc 233) on the question of delay in passing the detention orders under challenge. the court cited a previous decision in ..... taken for coming to the decision of subjective satisfaction by me has been explained here in below. the proposal for prevention detention received from sponsoring authority under cofeposa act, 1974 is to be scrutinized by me as the detaining authority according to the safeguards and the procedural guidelines received by me time to time from department ..... appreciating the ground of challenge, viz., delay in passing the detention order. the grounds of detention in support of the order of detention recite the dates. by air india flight ai-964, the detenu arrived in mumbai from hyderabad on 23rd september 2014. after clearing immigration, one ms. shahin farooq patel was intercepted by the .....
Tag this Judgment!Court : Mumbai Nagpur
..... the railway administration if the passenger dies or suffers injury due to - (a) suicide or attempted suicide by him; (b) self-inflicted injury; (c) his own criminal act; (d) any act committed by him in a state of intoxication or insanity; (e) any natural cause or disease or medical or surgical treatment unless such treatment becomes necessary due to injury ..... by article 13 under schedule ii of the maharashtra court fees act, which has been complied with by the appellants, and there is no dispute in respect thereof. ..... was for the claim under sub-section (1-a) of section 13 of the said act, and, therefore, no court fee was payable in respect of the claim so made. according to him, the appeal is not from the decree or order having the force of the decree, and, therefore, the office was right in holding that it is governed .....
Tag this Judgment!Court : Mumbai
..... the 2013 notification is that it imposes a cap and this cap is necessary to prevent unintended benefits. he emphasizes that the 2013 notification expressly states that it comes into force with immediate effect and, further, that it applies to the relevant period only, i.e., the last quarter of 2012-2013. this is not, therefore, in his submission ..... and ors., (1981) 2 scc 293) which in turn cited with approval the earlier decision of the supreme court in trimbak damodar raipurkar v assaram hiraman patil and ors., (air 1966 sc 1758 : 1962 supp (1) scr 700)mr. rana submitted that there is a difference between an existing right and a vested right. where a statute operates in ..... as would advance its stated purpose, viz., to promote and encourage exports. that this is also one of the avowed objects of the foreign trade (development and regulation) act, 1992 is also not doubted. where the policy did not itself place any such cap and plainly it did not, for we find no words of limitation in it, .....
Tag this Judgment!Court : Mumbai
..... the adjudicating officer by deciding complicated and highly disputed or contentious questions and issues of facts themselves, because the expression settlement is used in the customs act in contradistinction with adjudication and the very scheme of the settlement provisions is to settle and not adjudicate. (ii) all the provisions made it ..... proceedings before the central excise authorities and where complex issues of fact and law are involved for which a detailed inquiry is necessary, settlement proceedings cannot act as a proper substitute for the adjudication proceedings. in picasso overseas and others v. director general of revenue (intelligence) and another [w.p.(c) ..... they provide event management services. these services are covered by section 65(40) read with sections 65(41) and 65(105)(zu) of the finance act, 1994. the petitioners are registered with the service tax department under registration no. aaffc3158gst001. 4. during the financial years 2007-2008 to 2010-2011, the .....
Tag this Judgment!Court : Mumbai Goa
..... dated 07/03/2003, holding that the case filed by the disputant (petitioner- society), was not a dispute within the meaning and purview of section 91 of the mcs act, as in force in the state of goa. the judgment and order were carried in appeal before the co-operative tribunal, goa, by the petitioner. however, the appeal was also dismissed ..... single judge of this court way back in the year 1984, in the case of bhandara jilha sahakari shetki kharedi vikri samiti limited vs. damodar and others, reported in air 1984 bombay 362, referred to the parameters laid down by the hon'ble supreme court in the case of deccan merchants co-operative bank ltd. vs. m/s dalichand ..... jugraj jain, reported in air 1969 sc 1320 on the touchstone of which, a question as the one involved in this case has to be decided. the learned single judge also reproduced the relevant observations .....
Tag this Judgment!Court : Mumbai Goa
..... dated 07/03/2003, holding that the case filed by the disputant (petitioner- society), was not a dispute within the meaning and purview of section 91 of the mcs act, as in force in the state of goa. the judgment and order were carried in appeal before the co-operative tribunal, goa, by the petitioner. however, the appeal was also dismissed ..... single judge of this court way back in the year 1984, in the case of bhandara jilha sahakari shetki kharedi vikri samiti limited vs. damodar and others, reported in air 1984 bombay 362, referred to the parameters laid down by the hon'ble supreme court in the case of deccan merchants co-operative bank ltd. vs. m/s dalichand ..... jugraj jain, reported in air 1969 sc 1320 on the touchstone of which, a question as the one involved in this case has to be decided. the learned single judge also reproduced the relevant observations .....
Tag this Judgment!Court : Mumbai Nagpur
..... payment thereof in cash or by the issue of a cheque or draft or by any other mode, whichever is earlier, deduct income-tax thereon at the rates in force. ? the relevant portion of section 200 reads thus: 200. (1) any person deducting any sum in accordance with the foregoing provisions of this chapter shall pay within ..... partly towards service charges of the technicians and partly for reimbursement of the expenses. the resident/deductor had approached income tax officer under section 195(2) of the act requesting him to provide information/determination as to what percentage of tax should be withdrawn from the amount payable from the foreign company. on request so made the ..... or deviate from the statute. we may gainfully refer to the observations of apex court in the case of kerala financial corporation v. commissioner of income tax reported in air 1994 sc 2416 (cited supra), which read as under : 13. shri salve would however, urge that a little different view of the matter had been taken by .....
Tag this Judgment!Court : Mumbai
..... use for private ownership or commercial exploitation to satisfy the greed of a few. 3. although the constitution of india, which was enforced on 26-1-1950 did not contain any express provision for protection of environment and ecology, the people continued to treat it as their social duty to respect the nature, natural ..... are not available, it will be open for the municipal corporation to reconstitute the committee. considering the mandatory obligation of the municipal corporation under the mmc act, before taking a drastic decision of the construction of the proposed road which will substantially destroy the man made forest, the environment impact assessment needs to be ..... : g.s. singhvi, j. leave granted. since time immemorial, people across the world have always made efforts to preserve and protect the natural resources like air, water, plants, flora and fauna. ancient scriptures of different countries are full of stories of man's zeal to protect the environment and ecology. our sages and .....
Tag this Judgment!