Court : Mumbai
Reported in : 1987(2)BomCR171; 1987MhLJ439
..... priority of the applications received and forward the results to the state government for approval;'sub-section (4-a), which was inserted by the amending act no. 14 of 1984, which came into force on 23-5-1984, enables any person to apply before 30th november in any year for opening of a new college, notwithstanding anything contained ..... . not only the mandatory procedure was not followed but the action was inordinately delayed. there is, therefore, justification for drawing an interference that the concerned university authorities acted mala fide in passing the impugned resolution and making the impugned recommendation to the state government.21. an attempt was made to challenge the maintainability of the petition on ..... m.s. jamdar, j.1. the petitioner-society shamlal smarak arya shikshan sanstha was established in 1950 and it runs several educational institutions within the jurisdiction of the marathwada university. it is claimed to be a minority institution founded by the arya samaj. this .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (1984)(18)ELT132Tri(Mum.)bai
..... of central excise as a delegatee of the gold control administrator, and therefore, the order should be considered as an order passed by the administrator and the act does not provide any appeal against the order passed by the administrator to the tribunal.3. shri b.g. merchant, learned advocate for the appellants however contended ..... 4. in exercise of these powers the administrator had authorised the collector of central excise & customs to exercise the powers of the administrator under section 52 of the act. it is this power that had been exercised by the collector of central excise, baroda, in the present case. the collector of central excise, baroda exercised this ..... collector exercises the powers of the administrator, and therefore, the order passed by the collector should be deemed to be an order passed by the administrator. the act does not provide for an appeal against the order of administrator to any authority. but then sub-section (5) of section 4 provides 'subject to any general .....
Tag this Judgment!Court : Mumbai
Reported in : 1986(26)ELT676(Bom)
..... shri natu's challenge to the maintainability of the present writ petitioners. we are conscious of the position that chapter vi-a of the act which was brought into force in october 1982 provides for a complete machinery by way of appeals review and reference against impugned orders. shri hidayatullah who appears for the ..... charges' and commission (margin). it is common ground that the superintendent central excise, issued show cause notices to the petitioners under section 11a of the act, claiming that these items also ought to have been included in the assessable value of the goods for levying the correct excise duty. the petitioners submit ..... orders passed by respondent no. 2 assistant collector, central excise, nagpur (for short, the respondent) under section 11a of the central excise and salt act, 1944, (hereafter the act) directing the petitioners to pay short levied excise duty on the motor vehicles manufactured by them at their bhandra factory.2. the material facts lie within .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom239; 1984(2)BomCR26; (1983)85BOMLR600; 1984MhLJ34
..... so far as the controversy involved in this first appeal is concerned. under s. 28 an appeal as is to be regulated by the law for the time being in force. it is also an admitted position that such law, so far as the state of maharastra is concerned, is the bombay city (sic) civil courts ..... this seems to be the view taken by the division bench of this court in ambitt pundalik v. pundalik shankar air 1960 bom 521. under the c. p & berar courts act, nomenclature and phraseologyused was 'addtional district judge', whereas in bombay civil courts act, the nomenclature and the phraseology used is assistant judge. if the provision of these two enactment are read together ..... exercise to the original civil jurisdiction are enforced, and may be appealed from under any law for the time being in force; provided that there shall be no appeal on the subject of costs only'.this section has been substance by the amending act 68 of 1976 as :'28 (1) all decreeeeees made by the court in any proceeding under this .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom181; (1983)85BOMLR56; ILR1983Bom1222
..... to those undertakings in respect of which investigation had been made under section 15.16. thereafter some minor amendments were effected in the act, till under the industries (development and regulation) amendment act, 1971 (act 72 of 1971) which came into force on 1-11-1971, some major amendments were carried out. we would briefly refer to those with which we are concerned in ..... particular case61. it is possible to say that these conclusions are founded on the language of clause (a) of section 18-aa(1) of the act but in our view they will apply with greater force to clause (b) where no immediate action is contemplated and the central government has sufficient time to give hearing to the persons affected it is true .....
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 : AIR1978Bom92; 1977MhLJ735
..... lr 59. in this case both the decisions of this court namely, in the municipality of ankleshwar v. chhotelal : (1955)57bomlr547 and chalisgaon borough municipality v. multanchand air 1958 bom 575 (both (cit. supra)) were referred to. so far as the case in chalisgaon borough municipality v. multanchand is concerned, this court observed that the ..... . thakore referred to the case m. & section m. rly. v. bezwada municipality where it was held by the privy council that (at p. 73 of air) : 'the proper function of a proviso is to except and deal with a case which would otherwise fall within the general language of the main enactment and its ..... (1955)57bomlr547 . the learned counsel further contended that .the provisions of the act as well as the provisions of the bombay district municipal act are part materia and, therefore, the said decision applies to the. controversy raised in these civil revision applications with all force.8. on the other hand, it is contendedby shri chandurkar, the learned .....
Tag this Judgment!Court : Mumbai
Reported in : (1977)79BOMLR449
..... counsel for the petitioners. a review of the legislations prevalent in the second quarter of this century, that is, after the government of india act came into force and before the constitution came to be adopted would show that uniformly the legislations which dealt with agricultural indebtedness were never restricted to only those categories ..... dixon j. and the decision of the privy council ,in the appeal from the decision in commonwealth of australia v. bank of new south wales [1950] a.c. 235 the argument was that the australian high court in the australian case and the privy council had taken the view that private banking ..... of commodities for money or other commodities. in the complexities of modern conditions, in their wide sweep are included carriage of persons and goods by road, rail, air and waterways, contracts, banking, insurance transactions in the stock exchanges and forward markets, communication of information, supply of energy, postal and telegraphic services and many more .....
Tag this Judgment!Court : Mumbai
Reported in : 1976CriLJ751; 1976MhLJ31
..... procedure, reading section 484, it does not deal as to whether appeals or revisions against stitch orders, which are passed by the courts after coming into force of that act, are also to be filed .according to the provisions of the old code of criminal procedure and this position is accepted even by the madhya pradaah high ..... .c. sub-section (2) of section 484 of the new criminal p. c reads as under:(a) if, immediately before the date on which this code comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held, or made ..... the non-applicants 1 and 2 had filed criminal revision application in the court of sessions judge, bhandara, under the provisions of the new criminal procedure code which came into force on 1-4-1974, the order ot the sub-divisional magistrate having been passed on 2nd of may 1974. the learned additional sessions judge, who heard the revision .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(19)LC192(Bombay); 1987(30)ELT126(Bom)
..... under this section and such levy is subject to other provisions of the act or any other law for the time being in force. the chargeability in respect of levy of customs duty arises when the goods are imported into india, i.e. when they cross the customs barriers ..... section 12(1). as provided in that section duties of customs shall be levied at such rates as may be specified under the indian tariff act, 1934, or any other law for the time being in force, on goods imported into, or exported from india. thus the levy of customs duty either in respect of import or export of goods is ..... into india, from the whole of that portion of duty of customs leviable thereon which is specified in the first schedule to the indian tariff act, 1932. the exemption granted by this notification was to remain in force upto and inclusive of march 31, 1967. 2. pursuant to an import licence obtained by the respondents for import of glass tubings on or .....
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