Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... however, the society failed to act. .....
Tag this Judgment!Court : Mumbai Goa
..... therefore, the charges have been properly and clearly explained to the petitioner in the show cause notice, with regard to the violations under sections 7, 9 and 8(2) of the act and rule 103 of the rules and merely because some sections have not been specifically named, the petitioner cannot claim that he has not been given proper and prior notice. ..... it is further stated in the show cause notice that in the exercise of power conferred under sub-section (1) of section 16 of the act, show cause notice is given as to why action deemed fit should not be taken for encouraging the sale of liquor not lawfully manufactured and for purchasing the duplicate liquor for evasion of excise duty and ..... reddy, commissioner of excise, in exercise of the powers conferred on me under sub-section (1) of section 16 of goa excise duty act, 1964, hereby give a show cause, as to why action deemed fit should not be taken for encouraging the sale of liquor not lawfully manufactured and purchasing the duplicate liquor for evasion of excise duty and ..... 40,000/- (rupees forty thousand only) for violation of sections 7, 8(2) and section 9 of the act and rule 103 of the rules, though there was no show cause notice in respect of sections 7 and 9 of the act. ..... there is a presumption under section 36 of the act in respect of all the offences under the act and until the contrary is proved, it has to be presumed that the accused has committed the offence. .....
Tag this Judgment!Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... thakare, presiding judicial member: (1) the complainant has filed present complaint u/s.17 of the consumer protection act, 1986 by alleging deficiency in service on the part of opponent as he failed to hand over the flat to him as per agreement. ..... the agreement between the complainant and the opponent is not under the provisions of maharashtra ownership flats act and not as a promoter. ..... entire act on the part of opponent is prima-facie illegal with ulterior motive. .....
Tag this Judgment!Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... thakare, presiding judicial member: (1) the complainant has filed present complaint u/s.17 of the consumer protection act, 1986 by alleging deficiency in service on the part of opponent as he failed to hand over the flat to him as per agreement. ..... the agreement between the complainant and the opponent is not under the provisions of maharashtra ownership flats act and not as a promoter. ..... (33) there is delay of two months in filing report to police against acts of opponent. ..... entire act on the part of opponent is prima-facie illegal with ulterior motive. .....
Tag this Judgment!Court : Mumbai
..... 2010(5) scc 306 has held that each company incorporated under the companies act has a separate and distinct legal entity from its shareholders and other companies. ..... 34 indian law views each company incorporated under the companies act as a separate and legal entity from its shareholders and other companies and the fact that the two companies have common shareholders or common board of directors will not convert the two companies into a ..... that case related to lifting of corporate veil under the scheme framed under the foreign exchange regulation act, 1973 to determine who the shareholders are. ..... (b) subject to the provisions of this act with respect to joint owners or owners by transmission, not more than ten individuals shall be entitled to be registered at the same time as owners of any one ship; but this rule shall not affect the beneficial interest of ..... 25 (b) and (c) of the merchant shipping act, 1958 makes it very clear. .....
Tag this Judgment!Court : Mumbai
..... he submitted that in the said case, the persons who had allegedly committed fraud and, the factual data was provided as to how this fraud was committed by these two individuals, had acted at the behest of the chairman. ..... ), which is a body corporate constituted under the maharashtra housing and area development act, 1976. .....
Tag this Judgment!Court : Mumbai Nagpur
..... submits that properties of the petitioner partnership firm have no nexus with the property in which industrial undertaking is situated and as such, acquisition of the said properties by the impugned act has no nexus with the object to be achieved by enacting the said act and as such, the impugned act insofar as it relates to the properties, which are held to be not concerned with the industrial undertaking by the judgment of the learned single judge of this court in ..... the high court from the trend of its reasoning in the judgment, appears to take the view that while the provision for the take over in the principal act might amount to a power to acquire, however, the objects of the amending act of 1976, which merely sought to beat down the price could not be said to be part of that power and was, therefore, incapable of establishing any nexus with ..... it will be seen that his lordship has observed that the legislature in making a law giving effect to the policy of the state towards securing the principles specified in article 39(b) or (c) acts upon the mandate contained in article 37, according to which the directive principles are fundamental in the governance of the country and it shall be duty of the state to apply those principles in ..... writ petition was allowed by the division bench of this court vide judgment and order dated 28/4/1982, as a consequence of which the order issued under section 18-aa of the idr act came to be quashed. ..... property in question was definitely a productive asset .....
Tag this Judgment!Court : Mumbai Nagpur
..... by the central government of any suit or proceeding which is not collusive and in which any right to immovable property is directly and specifically in question, if a notice of the pendency of such suit or proceeding is registered under section 18 of the indian registration act, 1908, the property after the notice is so registered cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which ..... a little care was taken by bombay act no.14/1939 by providing for bombay amendment to section 52, but then the said amendment of the requirement by amended provision has not been made applicable to the areas other than only the greater bombay in the state of ..... is of some interest that a solution has been found to this problem in the state of maharashtra by an appropriate local amendment to section 52 of the act, by bombay act 14 of 1939. ..... lower appellate court rejected the application (exh.23) only on the ground that the petitioner is a subsequent purchaser and is a stranger to the litigation and in view of section 52 of the transfer of property act (henceforth referred to as the t.p. ..... find out about any existing encumbrance over a property either by inspection of the registration registers or by securing a certificate relating to encumbrances (that is, copies of entries in the registration registers) from the jurisdictional sub-registrar under section 57 of the registration act, 1908. .....
Tag this Judgment!Court : Mumbai
..... disclosure of rs.11.41crores as additional undisclosed income in the revised annexure, filed on september 9, 1994 alone was sufficient to establish that the application made by the assessee on september 30, 1993 under section 245c(1) of the act could not be entertained as it did not contain a 'true and full' disclosure of their undisclosed income and 'the manner' in which such income had been derived. ..... (a) the special bench as constituted under the said order, shall in addition to the issues delineated thereunder consider all such issues as would be relevant fro passing order under section 245d(2c) of the income tax act in the said star group of cases as to the validity; or, otherwise; of the applications filed in all those cases and shall pass appropriate orders in respect of these applications. ..... consequently, the above application for settlement filed by respondent nos.2 to 11 were deemed to have been allowed to be proceeded with under the amended provisions of section 245d (2a) of the act, subject to payment of additional taxes along with interest thereon on the income disclosed in such application on or before 31 july 2007; (xiv) on 9 august 2007, in response to the query ..... definition of case as existing under section 245-a(b) of the act, on 5 march 2007 when the application for settlement was made, permitted an assessee to file an application for settlement in respect of all assessment / reassessment proceedings pending before any of the income tax authorities under the act .....
Tag this Judgment!Court : Mumbai
..... order setting aside a notice dated 28th april, 2009, issued by respondent nos.1 and 2 under section 95-a of the maharashtra housing and area development act, 1976 (mhada act) issued in the name of the poojari of the shree venkatesh balaji temple. ..... 20th april, 2009, the priest of the temple was served with a notice under section 95-a of the mhada act calling upon him to vacate the premises and to shift to the temporary transit accommodation offered ..... the supreme court obviously considered a case under section 28(b) of the official trustees act which provides that an official trustee may, incur expenditure with the sanction of the high court on such religious, charitable and other objects and on such improvements as may be reasonable and ..... in view of the contents of crz ii notification issued under the provisions of the environment (protection) act which has the effect of prevailing over the provisions of other acts, the application submitted by the appellants to develop the plot belonging to them would be governed by the provisions of the dc rules, 1967 and not by the draft development regulations of 1989 which came into ..... the order reads as under : "this is a petition filed under the provisions of the official trustees act, 1913, seeking sanction of the sale of the property pertaining to shree venkatesh balaji temple at walkeshwar, in pursuance of the memorandum of understanding entered into between the ..... by an order dated 29th january, 1982, in trust petition no.18 of 1981, this .....
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