Court : Mumbai
..... and collection of the cess on entry of sugarcane into the premises of a factory for use therein, under the bombay sugarcane cess act, 1948 (bom. lxxxii of 1948), was proposed to be brought into force in this state with effect from 31st december 1961. as thereafter it was not possible to collect the tax on sugarcane, it was ..... mp). (vii) ponni sugars (erode) ltd. vs. deputy commercial tax officer (2005) 142 stc 543. (viii) union of india and ors. vs. bombay tyre international ltd. and ors., air 1984 sc 420. (ix) maharashtra chamber of housing industry and ors. vs. state of maharashtra and ors., (2012) 51 vst 168 (bom.). (x) commissioner of wealth-tax, kanpur vs. ..... ltd. vs. dy. commissioner of commercial taxes, (2006) 139 stc 413 (kar.). (vi) p. s. n. s. ambalavana chettiar and co. ltd. and anr. vs. express newspapers ltd., air 1968 sc 741. (vii) the state of orissa vs. utkal distributors (p) ltd., (1966) 17 stc 320 (sc). (viii) thiru arooran sugars ltd. vs. deputy commercial tax officer, (1988 .....
Tag this Judgment!Court : Mumbai
..... , or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employees ..... act in relation to an industrial disputes, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950 ..... operational, clerical or supervisory work. once that is established, the second is, whether he falls within the four exceptions laid down i.e. working in air force, army, police, or whether he is working in managerial, administrative capacity or he is employed in supervisory capacity drawing wages exceeding the sum specified. 6. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... is no such defence available to defendant. this court holds that it is not necessary to go into detail on this point. the act applicable for this region is hyderabad tenancy act, 1950. further, in tenancy act applicable to this area there is specific provision like section 102-a. there was no question of considering such defence of the defendant. ..... court. due to this amendment made in the year 2013 tribunal can decide matters of eviction of tenant also. the present matter was decided prior to coming into force the act of 2013. in view of this circumstance, this decision cannot be referred in the present matter. 22. the discussion made above shows that the tribunal has ..... may reported cases. he submitted that there is presumptive value to the entries made in revenue record and for that he placed reliance on the case reported as air 1974 s.c. 1178 [shikharchand jain v/s digamber jain praband karini sabha and others]. it is true that such record has presumptive value unless contrary is .....
Tag this Judgment!Court : Mumbai
..... whose local limits the secured property is situate, it would also be necessary to refer to certain provisions of the cpc. as the preamble suggests, the cpc is an act brought into force to consolidate and amend the laws relating to the procedure of courts of civil judicature. section 9 and which falls in part i of the cpc, deals with courts ..... bom.c.r. 200).the division bench, after concurring with the view of the gujarat high court in the case of bank of baroda vs. balbir kumar kaul and ors. (air 2010 gujarat 124)negated the contention that the word may ? should be read as shall ? in section 19(23). in other words, the division bench held that the drt that ..... and research centre for medical sciences, 61 (1996) dlt 614 as well as in hindustan laminators pvt ltd. v.central bank of india, air 1998 cal 300. ******* 15. we may mention, that while in the drt act, there is no mention of mortgage and even an application under section 19(1) is required to only specify the properties required to be .....
Tag this Judgment!Court : Mumbai Aurangabad
..... reliefs. 6. the learned counsel for the petitioner corporation submitted that the application under section 80 of the act in the present matter itself was not tenable. there is force in this submission. the provision of section 80(1) of the act runs as under:- "80 decision of claims to property by or against the corporation. (1) where ..... the propositions made in the aforesaid reported cases. 13. on the other hand, the learned counsel for present respondent, plaintiff, placed reliance on a case reported as air 2004 sc 1801 (sopan sable v. assistant charity commissioner). in this case in a suit, different reliefs were claimed and the main relief was regarding continuation of ..... some reliefs were of the nature which were touching the management of the trust. 14. the learned counsel for the respondent placed reliance on a case reported as air 1969 sc 78 (dhulabhai vs. state of m.p.). in this case the apex court has laid down principles regarding exclusion of jurisdiction of civil court as under .....
Tag this Judgment!Court : Mumbai
..... likely to cause a person's death are ingredients of the offence of culpable homicide. when intent or knowledge as described above is the direct motivating force of the act complained of, section 304a has to make room for the graver and more serious charge of culpable homicide. . ? [xii] 1994 supp (2) scc 67 [balwant singh ..... aside this aspect of adverse inference on the non-examination of kamal khan. 168. to substantiate the argument on behalf of the appellant, the following authorities are cited : 1) air 1954 sc 51 (habeeb mohammad vs. state of hyderabad) 2) (2012) 4 scc 722 (govindraju alias govinda vs. state by shrirampuram police station and anr) 3) (2014 ..... beyond reasonable doubt. 140. following authority is placed before the court on behalf of the appellant on the aspect that retrial wipes earlier evidence, as under : [i] air 1963 sc 1531 [ukha kolhe vs. state of maharashtra] 141. numerous authorities are also cited on the aspect as to the applicability of the evidence under section 33 .....
Tag this Judgment!Court : Mumbai
..... made clear that the evidence of the applicant which has commenced before the metropolitan magistrate in her complaint filed before under the provisions of domestic violence act can be continued from the stage it was before the learned metropolitan magistrate. (c) if the parties apply for leading any further evidence or for ..... . a perusal of the prayers in the said complaint clearly indicates that the applicant had applied for protection under section 18 of the domestic violence act prohibiting the respondent from interfering with the access of the applicant in the matrimonial home and for injunction dispossessing the applicant in any manner whatsoever from ..... applicant to the said matrimonial home in which she was staying with her husband. the applicant accordingly filed a complaint under the provisions of domestic violence act before the learned metropolitan magistrate, girgaum being case no. 155/ss/2009. 5. the respondent herein filed two proceedings against the applicant both before family .....
Tag this Judgment!Court : Mumbai Aurangabad
..... penalties are set out below rule 5(1) and which read as under: 5. penalties : (l) without prejudice to the provisions of any law for the time being in force, the following penalties may, for good and sufficient reasons and as hereinafter, provided, be imposed on a government servant, namely minor penalties (i) censure; (ii) withholding of ..... show cause notice. it is initiated only when a chargesheet is issued (see union of india etc. etc. v. k.v. jankiraman, etc. etc. reported in air 1991 sc 2010). this aspect of the matter has also been considered by this court recently in coal india limited and others v. saroj kumar mishra [2007 (5) ..... 9. the industrial court had framed an issue as to whether the complaint is maintainable under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. the complaint was held tenable. this conclusion of the industrial court has not been challenged by the respondent corporation before this court. 10. the industrial .....
Tag this Judgment!Court : Mumbai Nagpur
..... classification of buildings made under the provisions of the national building code of india, 2005. (2) notwithstanding anything contained in any law for the time being in force, no authority empowered to sanction the construction plan of any building or part of a building and to issue certificate of completion thereof, shall issue any certificate of ..... according sanction to the proposal of the corporation nor the date on which the enhanced rate shall come into force is published. it is to be noted that though the other provisions of the act would come into force from the date on which notification was issued under subsection 3 of section 1, in view of the provisions ..... (v) oberoi towers, 117 mtrs. and 35 floors, (vi) world trade centre, 111 mtrs. and 35 floors, (vii) express towers, 105 mtrs. and 25 floors, (viii) air india building, 105 mtrs. and 24 floors, (ix) kshitij apartment, 96 mtrs. and 33 floors. in other big cities and towns also such high rise buildings are coming up. recently .....
Tag this Judgment!Court : Mumbai Nagpur
..... it cannot be said to have been actually heard and decided. it could only be deemed to have been heard and decided. the first reason, therefore, has absolutely no force. ? it could thus be seen that the hon'ble apex court has clearly held that any matter which might or ought to have been made a ground of defence ..... not necessarily result in nullifying the conclusion which in fact is based on considerations of equity and justice. given the history of litigation between the parties, which commenced in 1950s, the high court was justified in finally giving a quietus to the same. the subsequent interpretation of rule 25a by this court, that it would have only prospective operation ..... india relies on the judgment of the constitutional bench of the apex court in the case of daryao and others .vs. state of u.p. and others reported in air 1961 sc 1457. the learned assistant solicitor general of india also relies on the judgment of the apex court in the case of forward construction co. and others .vs. .....
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