Court : Mumbai
Reported in : AIR1954Bom327; (1954)56BOMLR199; ILR1954Bom763
..... procedure, and the ordinance was held valid by the supreme court, as the basis of classification was rational and as the ordinance was not arbitrary but had a definite objective.in the appeals before us, we are dealing with the act of the legislature itself -- as distinguished from the act of the executive government of the state -- and it hardly needs any statement that the legislature is a sovereign authority so far as the law-making in the state is concerned and ..... abetment of an offence under section 161 or section 165 is committed after the commencement of the act, it would be an offence under section 165a; but if the abetment of those offences was committed before the coming into force of the act, it would be an offence under section 116 read with section 161 or section 165, as the offence under section 165a did not exist in the code before the act came into force.clearly thus, the effect of clause (b) of sub-section (1) of section 6 read with sub-section (1) of section 7 is that, even ..... 3, 4 and 5, who are the receivers of the properties of the firm in litigation in regard to it, were charged with offences under section 161 read with section 116 & further read either with section 109 or section 114, penal code for offering to jibhai chhotalal barot, a sub-inspector of police attached to the anti-corruption branch of the c. i. d. .....
Tag this Judgment!Court : Mumbai
Reported in : 1954CriLJ952
..... by the supreme court, as the basis of classification was rational and as the ordinance was not arbitrary but had a definite objective.in the appeals before us, we are dealing with the act of the legislature itself - as distinguished from the act of the executive government of the state - and it hardly needs any statement that the legislature is a sovereign authority ..... the society givespecial opportunities to unscrupulous persons in public services placed in positions of varying responsibility and charged with various duties to enrich themselves by corrupt practices and anti-social acts causing considerable loss to the efficiency of the services and impediment to the public good.it needs hardly any imagination that the offences dealt with by this special ..... section 161 or section 165 is committed after the commencement of the act, it would be an offence under section 165a; but if the abetment of those offences was committed before the coming into force of the act, it would be an offence under section 116 read with section 161 or section 165, as the offence under section 165a did not exist in the code before the act came into force.clearly thus, the effect of clause (b) of sub-section (1) of section 6 read with sub-section (1) of section ..... were charged with offences under section 161 read with section 116 & further read either with section 109 or section 114, penal code for offering to jibhai chhotalal barot, a sub-inspector of police attached to the anti-corruption branch of the c. i. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1955Bom271; (1954)56BOMLR966
..... reasonable, it is now well settled that the procedure prescribed for imposing suchrestrictions may also be taken into account andthe procedure must also be reasonable.what is urged by the petitioner is that the bombay land requisition act,' section 6(4), confers the power of requisition in cases in which the premises have become vacant. ..... of the constitution; and the power that is exercised under the bombay land requisition act is under the sphere of eminent domain.it is not alleged that the act provides for the exercise of this power without fulfilling the conditions of article 31(2), viz. ..... thereafter on 18-4-1952, government issued a notice to show cause why the property should not be requisitioned under section 5 or section 6(4) (a) of the bombay land requisition act, 1948. ..... the proviso to that section which enacts that the 'declaration made by government that the premises were vacant or had become vacant is conclusive evidence enables government to make a declaration irrespective of whether the premises are in fact vacant or not and is .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1955Bom101; (1954)56BOMLR629; ILR1954Bom1187
..... to put it in a different language, the legislature by the second paragraph was enlarging the definition of a 'dispute' which it had already given in section 54(1).the clear meaning of this paragraph is that a dispute, whether it touches the constitution or business of the society or not, would be a dispute for the purpose of reference to arbitration under section 54 if it consists of a claim by a society for debts or demands due to it from a member or past member or the heirs or assets of a past member, whether such ..... 'this amendment was effected by bombay act 41 of 1953.therefore, whereas the second paragraph before the amendment dealt only with a case of a debt claimed by a society against a member, the amendment now further enlarges the definition of a 'dispute' and includes in that dispute a claim made by a member for ..... 1 as a loan and he has drawn our attention to section 34, co-operative societies act and he says that a loan can only be advanced to a member, and therefore even if our decision applied, this is a case ..... decision we construed section 54 of the act and it is necessary to bear in mind what the facts were before the bench which necessitated a construction of section 54.the managing trustee of a public charitable trust had advanced a certain amount to a cooperative society and he was claiming that amount and he had filed a suit to recover that amount, and the society applied for a stay contending that the matter must be referred to arbitration under section 54, and .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom89; (1955)57BOMLR913; ILR1956Bom31
..... the plaintiffs' case is that each of these properties was separately assessed for the urban immoveable property tax leviable under section 22, bombay finance act up to 1946-47 on the annual letting value of that property.in the bills for 1947-48 and 1948-49, the tax was, however, claimed at the higher rate of 7 1/2 per cent, on the total annual letting value of all the ..... the question for consideration therefore is whether they are three buildings or whether they are three tenements in one building within the meaning of proviso 2 to section 22, bombay finance act.the answer to this will depend on the meaning to be given to the words 'building' and 'tenement' used in this proviso.4. ..... clause (21 of section 3 of the, latter act states that the word 'building' shall include any hut, shed, or other enclosure whether used as a human dwelling or for any other purpose, and shall also include walls, verandahs, fixed platforms, plinths, doorsteps and the like.this definition is not therefore of much assistance in determining the meaning to be given to the word 'building' used in proviso 2. ..... the contention of the state was that all the properties were parts of one building and that consequently under the second proviso to section 22, bombay finance act, the urban immoveable property tax could be assessed on the annual letting value of the building as a whole. .....
Tag this Judgment!Court : Mumbai
Reported in : (1958)60BOMLR721
..... akalkot state was the bombay abkari act as amended upto the year 1912, the provisions ..... on two other sections of the act, section 8a which provides that the commissioner and other abkari officers shall be subject to the orders of government and section 64a, particularly sub-clause (j), which confers upon the provincial government the power to direct that licences of the kind specified in such order shall be granted to persons specified in such order; but these sections were incorporated in the bombay abkari act by bombay act xv of 1941, and as the act applicable to the ..... conferred such a privilege or exemption, the same falls within the second part of the proviso to section 5 of the indian states (application of laws) order, 1948, and it is saved only in so far as it is not inconsistent with any of the enactments extended to the former akalkot state, one of which is the abkari act, 1878, as amended upto the date of its application to the akalkot state. ..... when one looks at the other sections of the act, it is clear that there is a division of powers between the bombay government, the commissioner of excise and .....
Tag this Judgment!Court : Sales Tax Tribunal STT Mumbai
Reported in : 19567STC229Tribunal
..... not include a mortgage, hypothecation, charge or pledge"; the definition of "sale price" included the amount payable to a dealer as valuable consideration "for the carrying out of any contract, less such portion as may be prescribed, of such amount representing the usual proportion of the cost of labour to ..... cash or deferred payment or other valuable consideration, the construction, fitting out, improvement or repair of any building, road, bridge or other immovable property; the definition of "goods" included the following words at the end of the present definition : "whether or not to be used in the construction, fitting out, improvement or repair of immovable property"; the definition of "sale" had the words : "including a transfer of property in goods involved in the execution of contract" immediately before the words "but does ..... bombay, wrote to the housing company on 31st october, 1950, granting permission for the erection of two lifts in their premises under section 4 of the bombay lifts act, 1939, subject to the condition that the permission would be valid for a period of 6 months. ..... although certain parts of the original definitions of goods, sale, sale price and turnover in the act of 1946 have been omitted by the amending act xxv of 1947, the words "or supply' occur after the word "sale" in the definitions of "sale price" and "turnover .....
Tag this Judgment!Court : Mumbai
Reported in : [1958]33ITR349(Bom)
desai, j.1. the question that arises for our decision on this reference is : 'whether there was material for the tribunal to hold that the sum of rs. 35,807 granted to the assessee was a maintainace allowance exempt within the meaning of paragraph 15(i) of the part b states (taxation concessions) order, 1950 ?' 2. in order to bring out the real dispute between the parties we re-formulated is as under : 'whether on the facts and circumstances of the case the sum of rs. 35,807 granted to the assessee was a maintenance allowance exempt within the meaning of paragraph 15(i) of the part b states (taxation concessions) order, 1950 ?' 3. the assessee is her highness maharani shri kesarkunwerba saheb of movi and wife of his highness lukhdhirji of morvi, who abdicated in favour of his son on 21st january, 1948. the morvi state, which was formerly an independent state before its manager with the union of the states of saurashtra, intergrated in saurashtra on 16th march, 1948. the question which we are called upon to determine requires us in effect to decided the real nature of a resolution passed by the saurashtra government on 30th march, 1950. it will be convenient immediately to refer to that resolution, which is as under : 'in pursuance of the decision taken at the jamnagar conference of december, 1948/january, 1949, the grant of the village, mota dahisara, made by the ruler to the person named below has been decided to be resumed and the grantee is to be paid cash annuity in lieu .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom263; (1958)60BOMLR888; ILR1959Bom67
..... assuming that the order passed by his highness the maharaja of kolhapur on 12-11-1947 can be regarded as an enactment or an order under an enactment, unless it is established that there is some act which was in force in the bombay province and which had been extended to the state of kolhapur and which corresponds to the order passed by the maharaja of kolhapur, clause (5), will not ..... by the first order, provision was made for the administration of the state, and by the second order, divers acts which were in force in the bombay state and which were enacted either by the bombay state legislature or by the central legislature were made applicable to the ..... august 1947, the paramount authority of the british crown having lapsed by the enactment of the indian independence act, the papers of the appeal were returned to his highness the maharaja of kolhapur, with a request to ..... plaintiffs, who are the representatives of indulkar, served a notice under section 80 of the civil procedure code, upon the government of bombay ..... 1949, the government of india published under the authority vested in it by the extra provincial jurisdiction act two orders-one the administration of kolhapur state order, and the other 'kolhapur state (application of ..... and lands section nos. ..... section ..... or incurred, or any remedy or proceeding in respect thereof, or any release or discharge or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted or the proof of any past act or thing.'2. .....
Tag this Judgment!Court : Mumbai
Reported in : (1958)60BOMLR1208
..... defined in section 3(b) of the land acquisition act as including all persons, claiming an interest in compensation to be awarded on account of the acquisition of land under the act, and this definition, in our opinion, is wide enough to include the equitable interest that mul chand claimed to have in the present case.we may observe that the case arose in the punjab where the transfer of property act was ..... 'person interested' includes all persons claiming an interest in compensation to be made on account of the acquisition of land under this act; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land;it is evident from the definition that the expression 'person interested' includes persons who have an interest in compensation, even though they may have no interest in the ..... definition in section 3(b), and, as already stated, the act does not contemplate its interest being valued or compensation being awarded therefor.in that case, the only question which fell to be determined was whether the right of the government to levy assessment was 'interest' within the meaning of the land acquisition act, ..... definition of 'person interested in section 3(b) of the land acquisition act does not seem to contemplate that a person interested need have a legal interest in the land, because it specifically alludes to interest in the compensation to be made, and it has frequently been held that a person may be interested within the meaning of the act .....
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