Judgment Search Results Home > Cases Phrase: armed forces tribunal act 2007 section 32 condonation Sorted by: old Court: mumbai Page 9 of about 5,911 results (0.113 seconds)

Maharashtra State Electricity Board Vs. Datar Switchgear Ltd.

Court : Mumbai

Reported in : 2003(2)BomCR81

..... or on an order passed under sub-section (2) of section 32. the second important aspect which needs emphasis is that unlike section 17 of the act, where the arbitral tribunal is empowered at the request of a party to order a party to take an interim measure of protection in respect of the subject matter of the ..... a different forum of adjudication with less cumbersome procedure, delay and expense and not to abandon all or any of its substantive rights under the various laws in force, according to which only even the arbitrator is obliged to adjudicate the claims referred to him. as long as there is nothing in the arbitration agreement to ..... to restrict judicial intervention in arbitral proceedings. in keeping with that object, section 5 postulates that notwithstanding anything contained in any other law for the time being in force, in matters governed by that part, no judicial authority shall intervene except where so provided in the part. consequently, the supreme court held in a decision of .....

Union of India (Uoi) Vs. R.K. Pathania

Court : Mumbai

Reported in : 2003(1)ALLMR239; 2003(3)BomCR110; 2003(1)MhLj516

..... the respondent carried that matter to the c.a.t. through original application no.608 of 1996. the c.a.t. exercised the jurisdiction under the administrative tribunals act, 1985 and interfered with the order passed by the estate officer and directed the estate officer to hear the respondent once again and decide the appropriate amount. ..... the facts leading to these petitions are as follows :the respondent has been in service of the union of india (income-tax department) after retiring from the armed forces. he has been a member of income tax settlement commission since december, 2001, prior whereto, he was a member of the central board of direct taxes. during ..... at the damage rent, though excessively.11. having heard both the counsel, we have perused the definition of service matters under section 3(q) of the administrative tribunals act, 1985, which reads as follows:(q) 'service matters', in relation to a person, means all matters relating, to the conditions of his service in connection with .....

Smt. Chhabubai Shankar Bhande, Since Deceased by Her Heirs: Nivrutti S ...

Court : Mumbai

Reported in : 2003(2)ALLMR235; 2003(2)BomCR475; 2003(2)MhLj925

..... for the loss suffered by the tenant on account of eviction.(4) the provisions of this section shall not apply to a landlord who becomes a serving member of the armed forces; and on that account, fails to use the land, or ceases to use it, for any of the purposes specified in the notice referred to in sub-section ..... i.e. original respondent no. 2 pandurang balwant bhutkar is not in contravention of section 37 of the bombay tenancy and agricultural lands act, 1948 (hereinafter referred to as the 'act'). the maharashtra revenue tribunal has held that the landlord has ceased to use the land for the purpose for which he had obtained possession within a period of ..... to the possession receipt dated 1.8.1971.7. the respondent no. 1 ramchandra bhande filed a revision before the maharashtra revenue tribunal. the maharashtra revenue tribunal upon an application of section 37(1) of the act held that the execution of the sale deed dated 26.5.1971 was not determinative of the fact that the landlord had .....

Datta Manika Dhobi, Since Deceased Through His Lrs.: Vs. Dattatraya @ ...

Court : Mumbai

Reported in : 2003(3)MhLj393

..... thus:4. section 38e of the act provides forthe rights of the protected / ordinarytenant and sub-section (1) states that aprotected tenant or as the case may beordinary tenant ( not being a tenantholding land from a landholder who is aserving member of the armed forces) shallat any time after the ..... the deputycollector by which the deputy collector directedthat the tenant be put in possession afterdispossessing the landholder.22. therefore, in my judgment, the tribunal hascommitted a manifest error in allowing the appealand dismissing the application filed by the tenanton unsustainable grounds. the view taken by the mrtis patently ..... subject-matter of the appeal andthe deputy collector on 3rd august, 1977 disposed ofthe appeal. on dismissing the appeal, the aggrievedparty appeared before the tribunal by filingrevision application and the maharashtra revenuetribunal dismissed the revision and confirmed theorder passed by the deputy collector. that orderwas subject of writ petition. .....

Adani Exports Ltd. and anr. Vs. Maharashtra State Electricity Board an ...

Court : Mumbai

Reported in : 2003(5)BomCR743; 2003(4)MhLj391

..... the proceedings taken before the seacustoms authorities constituted a prosecution of the appellant nor didthat order of confiscation constituted a punishment inflicted by a court orjudicial tribunal on the appellant. the appellant could not be said by reason of these proceedings before the sea customs authorities to havebeen 'prosecuted and punished' for ..... of article 20(2) since he wasnot prosecuted before the customs authority and the order for confiscation wasnot a punishment inflicted by a court or judicial tribunal within the meaning of article 20(2) of the constitution and the prosecution was not barred the court observed:'16. it is clear on a ..... supreme court consideredthe question of admissibility of the statement recorded by the customs officerunder section 171a of the sea customs act, 1878, the court held that thecustoms officer is not a member of the police force. he is not entrusted with theduty to maintain law and order. he is entrusted with power which specificallyrelates to .....

Essar Steels Limited, Shashi N. Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... such importation. the only issue for consideration in this appeal is that of interpretation of the phrase "cost of transport". 2. section 14 of the act speaks of the forces of demand and supply operating in the free market. in such a situation the prices for the same goods and the similar goods would also tend to ..... appellant assessee and without noticing the effect of govt. circular dated 14/08/1991. further, that bench distinguished earlier decision rendered by a bench of three members of this tribunal in deepak fertilizers and petrochemicals corporation ltd. v. collector of customs - 1989 (41) elt 550 (t). the three member bench decided that wharfage and demurrage are ..... the transport of the imported goods and not the actual cost incurred by the earlier. in other words what is addable is the "normal cost of transport". 5. the tribunal's judgment reported in {1997 (93) elt 194 - collector of customs, bombay v. swadeshi polytex ltd.,} cover such a situation. the importer in this case had .....

Essar Steels Limited Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2003)(156)ELT42Tri(Mum.)bai

..... of such importation. the only issue for consideration in this appeal is that of interpretation of the phrase "cost of transport".18. section 14 of the act speaks of the forces of demand and supply operating in the free market. in such a situation the prices for the same goods and the similar goods would also tend to ..... appellant assessee and without noticing the effect of govt. circular dated 14-8-1991. further, that bench distinguished earlier decision rendered by a bench of three members of this tribunal in deepak fertilizers and petrochemicals corporation ltd. v. collector of customs - 1989 (41) e.l.t. 550 (t). the three member bench decided that wharfage and ..... consignment in question was air-lifted instead of transporting by sea as was originally agreed upon because of the urgent requirement of the said medicine in india. the tribunal having noticed that it was in the special circumstance that the goods which were originally planned to be brought by sea had to be air lifted it proceeded .....

Mahadeo Ganpat Sawarkar Vs. Shakuntalabai Vishwasrao Gawande

Court : Mumbai

Reported in : 2004(2)BomCR456

..... lands:provided that if on such date any such tenant is of the following category, namely:---(a) a minor,(b) a widow,(c) a serving member of the armed forces, (d) a person subject to any physical or mental disability,the ownership of the land shall stand transferred---(i) to the tenant on the expiry of one year ..... revenue case on 28th july, 1969 and janabai was ordered to pay the purchase price in four instalments and accordingly janabai paid the instalments and, thereafter, agricultural lands tribunal, akot issued the certificate of purchase of the fields mentioned in the schedules a and c in favour of janabai on 11th january, 1973 and the same was ..... provision of section 57 of the said act, since the previous sanction of the collector was not obtained, the said transfer by a will was itself void. he further submitted that the ownership of the property vested in janabai after the certificate of ownership was issued by the agricultural lands tribunal on her payment of the purchase price .....

Anna Krishan Natulkar and ors. Vs. Shri Ramu Gannu Patil and ors.

Court : Mumbai

Reported in : 2003(4)ALLMR881; 2004(1)BomCR390

..... in respect of the suit lands and those aspects were not properly considered by the trial court. the learned counsel for the petitioners therefore contends that the tribunal ought not to have interfered with the remand order passed by the appellate authority. to buttress the contention of the scope of provisioned jurisdiction, reliance has ..... as to be declared as tenants in possession on the tillers day. understood thus, there is no force in this writ petition and the same deserves to be rejected while affirming the order passed by the tribunal in dismissing the application preferred by the petitioners.6. to overcome the above position mr. sawant contends ..... for the respondents have supported the conclusion and order passed by the tribunal in restoring the order passed by the tahasildar in dismissing the application filed by the petitioners under section 70(b) of the act.5. having considered the rival submissions i find force in the argument of mr. karandikar for the respondents that no .....

Bayer Abs Ltd. Vs. the Commissioner of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... factory to the depot even in case where the manufacturer sold the goods at a uniform price all over the country by including the element of equalized freight. the tribunal has upheld the view of the department on the reasoning that by this amendment the definition of the term "place of removal" has been extended to include the depot ..... had held the eligibility of deductions and thus no levy on equalised freight. in vip industries ltd. case, after considering the amendments made to section 4 of the central excise act, 1944 as regards the "place of removal" the court held as follows- "5. after the amendment, the department sought to include in the value the cost of ..... excise., aurangabad (by the supreme court) vide order reported in 2003 (155) elt 8 (s.c.) wherein it was held that amendments of section 4 of central excise act, 1944 have made no difference to the earlier position as settled by the court vide its orders in the case of union of india v. bombay tyre international ltd. (1983 .....