Court : Mumbai
..... 20 it is in this factual backdrop that the following reliefs are sought by the petitioners:- a) that this hon'ble court may be pleased to declare that the national investigation agency act, 2008 is unconstitutional and ultra vires, by issuing a writ of mandamus or any other writ or an appropriate order under article 226 of the constitution of india; (b) the impugned notification dated 01.04.2011 issued by the ministry of home affairs, new delhi of suo motu transferring the investigation of c.r ..... mariarputham submitted that assuming the nia act was made a part of the code of criminal procedure, 1973 by way of amendments at appropriate places, it would be a valid piece of legislation and merely because it has been enacted as a separate legislation it would not be ..... 5 it is stated that a sanction was accorded by the dig, ats, mumbai vide his order dated 20.11.2008 to invoke the provisions of sections 3(1)(i), 3(1)(ii), 3(2), 3(4), 3(5) of the maharashtra control of organized crime act, 1999 (for short mcoc act) to the said crime and subsequently, the prosecution sanction was accorded by the additional director general of police, railways vide signature and seal on 15.01.2009 ..... it is stated that the respondent no.3/union of india, by virtue of act no.6 of 2009, promulgated the national investigation agency act, 2008 (for short nia act) after tabling it in both houses of the parliament, as it was duly voted for and after obtaining the presidential assent to the same on 31.12.2008. .....
Tag this Judgment!Court : Mumbai
..... we have not considered it appropriate to adjudicate upon the submission of dr.singhvi at this stage because :(a) in the impugned order, the tax authority has not invoked jurisdiction on the basis of section 201 as amended by the finance act, 2008; and(b) in fact, in paragraph 970 of the impugned order, it has been held that the amendment to section 201 by the finance act, 2008 is clarificatory, meaning thereby that the liability sought to be fastened upon the petitioner is based on the provisions as ..... of westminster4 that a person "is entitled if he can to order his affairs so that the tax attaching under the appropriate acts is less than it otherwise would be". ..... obligation of the assessee in that event is to deduct tax under section 195 limited to the appropriate portion of income chargeable under the act;(iv) the liability to deduct tax arises if the tax is assessable in india. ..... sub section (2), where a person responsible for paying any such sum chargeable under the act to a non-resident considers that the whole of such sum would not be income chargeable in the case of the recipient, he may make an application to the assessing officer to determine the appropriate proportion of such sum so chargeable. ..... mr.salve had concluded his submissions, dr.singhvi submitted that the tax authority is not competent to treat the petitioner as an assessee in default under section 201, as amended by the finance act, 2008 and the amendment to section 201 by the finance act, 2008 is unconstitutional. .....
Tag this Judgment!Court : Mumbai Goa
..... in so far as the contention of shri pangam regarding applicability of municipal act and panchayat raj act is concerned, it will be appropriate to refer to section 10 of the goa (regulation of land development and building construction) act, 2008. ..... a perusal of sub-section (2) of section 10 would reveal that the said act has been given an overriding effect in so far as matter concerning development is concerned. ..... the third submission raised by shri pangam is that the subject of hoarding would be within the domain of the goa municipalities act and the goa panchayat raj act and, therefore, the regulations which are in conflict thereto have to give way to the provisions of the municipal act and the panchayat raj act are concerned. 5. ..... (2) notwithstanding anything contained in sub-section (1), such development permission and/or construction licence for building shall not get immunity if such development permission or construction licence is otherwise in accordance with this act and rules and regulations framed thereunder. 12. .....
Tag this Judgment!Court : Mumbai
Reported in : [2008(119)FLR890]; (2009)IILLJ558Bom
..... close down an undertaking of an industrial establishment to which this chapter applies shall, in the prescribed manner, apply, for prior permission at least ninety days before the date on which the intended closure is to become effective, to the appropriate government, stating clearly the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on the representatives of the workmen in the prescribed manner:provided that nothing in this ..... the bks, the union representing the petitioners and other workmen employed in the nerul plant filed an application under section 25o(5) before the appropriate government on april 17, 2008 seeking a review or a reference of the application for closure to the tribunal. ..... an application was filed on january 3, 2008 by the respondent company under section 25o(1) of the act before the appropriate government for permission to close down its nerul plant ..... that as it may, the application which was considered by the appropriate government in its order dated april 2, 2008 was the application for permission to close down the undertaking dated february 4, 2008. ..... proceeding in the matter, in my opinion, it would be appropriate to set out the provisions of section 25o of the act.13. ..... to the respondents these extension applications have been made as directed by the commisioner of labour who was unable to decide their original application filed on january 3, 2008 within 60 days as required under the act. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR258; (2008)220CTR(Bom)649; [2009]311ITR46(Bom)
..... further, the argument that the challenge to the constitutional validity of the amendments made to sections 191 and 201 of the act by the finance act, 2008 is not maintainable in the absence of any facts which are pleaded and proved by evidence in the form of documents on record, is unsustainable. ..... income tax officer : [1961]41itr191(sc) , clearly establishes that the high court would have the power to issue an appropriate writ prohibiting an executive authority from acting without jurisdiction and where the action of an executive authority acting without jurisdiction subjects or is likely to subject a person to lengthy proceedings and unnecessary harassment the high court will issue appropriate orders or directions to prevent such con sequences.109. ..... in our opinion, the high court was right in coming to the conclusion that it is appropriate for the appellants to file a reply to the show cause notice and take whatever defence is open to them.while affirming the decision of the high court, we, therefore, grant ten weeks' time to the appellants to file a ..... in our opinion, the high court was right in coming to the conclusion that it is appropriate for the appellants to file a reply to the show cause notice and take whatever defence is open to them.while affirming the decision of the high court, we, therefore, grant ten weeks' time to the appellants to file a .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3650
..... . if, after giving a reasonable opportunity of being heard to the genetic counselling centre, genetic laboratory or genetic clinic and having regard to the advice of the advisory committee, and appropriate authority is satisfied that there has been a breach of the provisions of this act or the rules, it may, without prejudice to any criminal action that it may take against such centre, laboratory or clinic, suspend its registration for such period as it may think fit or cancel its ..... dated 10/12/2007.c) it is further contended that the petitioner submitted an appeal under section 21 of the act before the state appropriate authority, pune which appeal was received on 25/02/2008, and was placed before the state advisory committee meeting held on 24/06/2008 wherein the order of cancellation was revised and the registration was suspended vide communication dated 12th august 2008 to the district appropriate authority and the same was communicated to the petitioner vide letter dated ..... 30th august 2008.d) it is further contended by the respondent that the petitioner has further submitted an appeal before the minister of health and family welfare, state of maharashtra dated 29/09/2008 which was kept before the advisory committee of which meeting was held on 23/03/ .....
Tag this Judgment!Court : Mumbai Goa
..... pangam, learned counsel for the petitioner read out the provision of section 25-n of the act and submitted that in terms of sub-section (4) the permission applied for by the petitioner by application dated 7.9.2007 has been deemed to have been granted on the expiration of the period of 60 days since the appropriate government or specified authority did not communicate the order granting or refusing to grant the permission to the petitioner ..... time of retrenchment, compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months." 9. from the impugned order dated 2.6.2008, it is clear that the application dated 7.9.2007 made under section 25-n of the act for permission to retrench 13 workmen including 10 operators and 3 packers was received by the appropriate authority under the said provisions ..... order dated 2.6.2008 passed by appropriate authority under section 25-n of the industrial disputes act, 1947 is ..... . from the above, it is clear beyond doubt that for no reason can an appropriate authority extend the time of 60 days either to grant or to refuse the permission asked for under sub-section (1) of section 25-n of the act and if no permission is granted within a period of 60 days, then permission applied for ..... exception to the order dated 2.6.2008 passed by the minister for labour, the appropriate authority under section 25-n of the industrial disputes act, 1947 ("the act" for short). 3. .....
Tag this Judgment!Court : Mumbai
..... be open for the respondent to seek appropriate relief under section 25 of the said act. ..... for making out a case of desertion under section 13(1)(ib) of the said act, it would be necessary to prove that the respondent had left the company of the appellant without any reasonable ground and the same was for a continuous period of more than 2 years preceding filing ..... to the appellant amounted to cruelty under section 13(1)(ia) of the said act on the basis of which a decree for divorce was sought. 8 ..... this appeal under section 19 of the family courts act, 1984 takes exception to the judgment dated 30-11-2007 passed by the learned judge, family court no.2, mumbai in petition ..... (e) family court appeal no.23/2008 is thus, partly allowed in aforesaid terms with no order ..... clear that a case of desertion under section 13(1)(ib) of the said act has been proved by the appellant. ..... that a case for grant of divorce under section 13(1)(ia) and (ib) of the said act had been made out. ..... the appellant filed petition for divorce under provisions of section 13(1)(ia) and (ib) of the hindu marriage act, 1955 (for short 'the said act'). 3. ..... petition no.a704/-2005 is partly allowed and it is declared that the marriage between the appellant and the respondent stands dissolved on the ground of desertion under section 13(1)(ib) of the said act. ..... clear that there is no material on record to hold that the appellant had proved that the respondent treated him with cruelty as contemplated by section 13(1)(ia) of the said act. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... grant basis and not receiving any other aid whatsoever" from the government, will henceforth have to fulfill the conditions specified, amongst others, in sections 12, 19, 25 read with schedule of the act of 2009 and of the rule 3.2 of the code (for secondary/higher secondary school) or rule 107 of the rules of 1949 (for primary school), as the case may be, and also in the recognition ..... accordingly, we hold that the right of children to free and compulsory education act, 2009 is constitutionally valid and shall apply to the following: (i) a school established, owned or controlled by the appropriate government or a local authority; (ii) an aided school including aided minority school(s) receiving aid or grants to meet whole or part of its expenses from the appropriate government or the local authority; (iii) a school belonging to specified category; and (iv) an ..... are functioning since 2008 without any recognition from the state government which is appropriate government under 2009 act. ..... thus, after the commencement of the 2009 act, the private management intending to establish the school has to make an application to the appropriate authority and till the certificate is granted by ..... also contain a prayer to declare part of section 18(1),18(5),19(1) and 19(5) of the right of children to free and compulsory education act,2009 (referred to as 2009 act, hereafter) to the extent the same do not allow to establish or function a school without obtaining a certificate of recognition .....
Tag this Judgment!Court : Mumbai Aurangabad
..... grant basis and not receiving any other aid whatsoever" from the government, will henceforth have to fulfill the conditions specified, amongst others, in sections 12, 19, 25 read with schedule of the act of 2009 and of the rule 3.2 of the code (for secondary/higher secondary school) or rule 107 of the rules of 1949 (for primary school), as the case may be, and also in the recognition ..... accordingly, we hold that the right of children to free and compulsory education act, 2009 is constitutionally valid and shall apply to the following: (i) a school established, owned or controlled by the appropriate government or a local authority; (ii) an aided school including aided minority school(s) receiving aid or grants to meet whole or part of its expenses from the appropriate government or the local authority; (iii) a school belonging to specified category; and (iv) an ..... are functioning since 2008 without any recognition from the state government which is appropriate government under 2009 act. ..... thus, after the commencement of the 2009 act, the private management intending to establish the school has to make an application to the appropriate authority and till the certificate is granted by ..... also contain a prayer to declare part of section 18(1),18(5),19(1) and 19(5) of the right of children to free and compulsory education act,2009 (referred to as 2009 act, hereafter) to the extent the same do not allow to establish or function a school without obtaining a certificate of recognition .....
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