Court : Mumbai
Reported in : 1999(3)BomCR364; (1999)2BOMLR283; 1999(2)MhLj330
..... abhyankar has contended that the findings entered by the competent authority cannot be interfered in exercise of the revisional jurisdiction of this court conferred by section 31-f of the act. as i pointed out earlier, i am not upsetting the findings of the competent authority. i am only pointing out the insufficiency and unreasonableness ..... 1989. in the meantime, the application was filed by applicants before the competent authority along with certificate issued by the authorised officer under section 13a-1 of the bombay rent act. the competent authority has by the impugned judgment dismissed the application mainly on the following grounds:-(1) that since the bungalow belongs to all ..... of an officer retired from army, the area commander, (ii) in the case of an officer retired from the navy, the flat officer commanding-in- chief, naval command, and (iii) in the case of an officer retired from the air force, the station. commander;section 13-a2 of the bombay rent act, reads as under:'landlord .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)BomCR293
..... commencement certificate granted for the purpose of development cannot be faulted. he relies on the provisions of two subsequent enactments i.e. section 90 of the act 1954 and section 165 of the present act i.e. the act of 1966 which save the earlier scheme which had become final and had not been varied. in order to support his contention ..... land needed for the purpose of a town planning scheme shall be deemed to be land needed for public purpose, within the meaning of the land acquisition act. section 51-a empowers the government to acquire land included in the town planning scheme if it is needed for a public purpose other than for which it is ..... and development authority shall carry out such directions or instructions as may be issued from time to time by the state government for the efficient administration of this act. sub-section (2) provides that if in, or in connection with, the exercise of its powers and discharge of its functions by any regional board, planning authority or .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(5)BomCR670; 1999CriLJ2194
..... by its observations in state of maharashtra v. champalal punjaji shah : 1981crilj1273 . the respondent champalal was punished for offences punishable under section 135 of the customs act by the trial magistrate. he was sentenced to suffer imprisonment for various terms, ranging from two to four years, and to pay ..... (1992)iillj53bsc . dealing with the question of grant of sanction to prosecute a public servant for the offence punishable under section 5(1) of the prevention of corruption act, the apex court observed that the question of grant of sanction was dependant on the material collected and the case made ..... offences under the narcotics drugs and psychotropic substances act, 1985, (c) essential commodities act, 1955, food adulteration act, acts dealing with environment or any other economic offences, (d) offences under the arms act, 1959, explosive substances act, 1908, terrorists and disruptive activities act, 1987, (e) offences relating to the army, navy and air force, (f) offences .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(2)ALLMR482; 1999(3)BomCR401; (1999)2BOMLR758; [1999(82)FLR389]; (1999)IILLJ718Bom; 1999(2)MhLj410
..... retrenched in connection with, or as a consequence of, that dispute, but does not include any such person- (i) who is subject to the air force act, 1950, or the army act, 1950 or thenavy act, 1957; or (ii) who is employed in the police service or as an officer or other employee of a prison, or(iii) who is employed mainly ..... the provisions thereof were made applicable only in the year 1984. reference having been made in the year 1985, this question has arisen.24. as per the amending act, section 1(2), the implementation or the enforcement of the amendment was left to be notified at some future date. till date, the amended definition of the word 'industry ..... operation, the importance of this can well be understood. this was sought to be ridiculed by the otherside by referring to the industrial employment standing order act, 1946, definition clause (c) section 2. however the model standing order also contains clause (b) of order no. 2 on the same line as the certified order of the company .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(5)BomCR715; (1999)3BOMLR28
..... first seizure and search dated 21-1-1995 is at tardeo road, mumbai at open place which falls within the -ambit of public place as defined in section 43 of n.d.p.s. act. section 43 provides for seizure of narcotic drugs and psychotropic substance and to detain and search such person if found in public place. therefore, to reiterate, i do ..... given by the informant sharma had been reduced into writing and that a copy of the said writing had been sent forthwith, as per the requirements of sub-section (1) of section 42 of the act, to the higher officials, then we wonder how the said copy contains c.r. no. 95 in the outward register vide exhibits 48 and 48-a. ..... officials for the reason that the prosecution has miserably failed to produce any material to hold that there is compliance with the mandatory provisions of sub-section (2) of section 42 of the n.d.p.s. act in the instant case and to this extent the first contention urged by mr.keswani and mr. subhash jha, the learned counsel for the .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(4)BomCR82; 2000(2)MhLj481
..... 6. learned advocate-general is unfortunately missing the observations which follow immediately after the aforesaid observations which are to the effect that any public-spirited advocate acting bona fide and not for private gain or personal profit or political motivation or any other oblique consideration, may file a writ petition in the high ..... the said later observations as under:- 'we have taken a broad and liberal view in regard to locus standi andheld that any public-spirited advocate acting bona fide and not forprivate gain or personal profit or political motivation or any otheroblique consideration, may file a writ petition in the high courtchallenging the ..... was on account of departmental enquiry regarding leak of correspondence to the press. the stand in the affidavit that the transfer had no nexus with any act or omission by bhatia in rendering his service as punemunicipal commissioner is contrary to material on record and contemporaneous events. whether there was delay, if .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(5)BomCR133; 2000BomCR(Cri)133
..... and against the public interest that this court should take suo motu action either under article 215 of the constitution of india or under sub-section (1) of section 15 of the contempt of courts act, 1971.30. the behaviour of the petitioner also is worth considering in this respect. the petitioner was party to writ petition no. 4862 ..... of hearing of the petition, the learned counsel for the petitioner, mr. mantri, argued that the court has ample powers, both, under sub-section (1) of section 15 of the contempt of courts act, 1971, and article 215 of the constitution of india, to take suo motu action against the contemners and suo motu action be taken against ..... as a petition giving information to the high court for proceeding under article 215 of the constitution of india or for proceeding suo motu under sub-section (1) of section 15 the contempt of courts act, 1971.22. mr. v.d. sapkal, additional public prosecutor, appearing for respondent nos. 1, 2 and 3, argued that the petitioner here .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (1999)(85)LC683Tri(Mum.)bai
..... rates prescribed in the customs tariff. this was, therefore, a case of short levy of customs duty which is dealt with the section 28 of the act. in sub-section (1) of section 28 it is prescribed that a notice shall be served on the person chargeable with the duty requiring him to show cause why he ..... .3. for instance, under notification 251/93-cus. dated 27.8.1993 as amended the central government in exercise of powers conferred by sub-section (1) of section 4 of customs act, 1962, have appointed officers mentioned in column 2 of the table appended to the notification to be collectors of customs. for the areas of ..... at madras, came up for consideration before tribunal in case of metro exports v. collector of customs, cochin the central government has issued notifications under section 4 of the customs act appointing collectors of customs and lower officers for different jurisdictions. in terms of these notifications, the respective jurisdictions of the collectors have been clearly spelt .....
Tag this Judgment!Court : Mumbai
Reported in : (2000)66TTJ(Mumbai)817
orderm. a. bakshi j.m.the appeal of the assessee is directed against the order dt. 30-12-1997, of assistant commissioner, central circle 23, mumbai, under section 158bc of income tax act, 1961. the block period is from 1-4-1986, to 18-12-1996.2. the relevant facts, in this case, are that the assessee is a film actress of hindi ..... enter a poor man's heart, the king and his army could not'. however, gradually this principle began to wriggle down and search were permitted at first by the police and subsequently for enforcement of revenue loss. it is in this background one has to consider the assessment authorised under section 158bc in such cases where the search operations have been carried .....
Tag this Judgment!Court : Mumbai
Reported in : (1999)101BOMLR913
..... and also imposed fine on them and, in its discretion, granted compensation to the petitioner under section 357 of the criminal procedure code or under section 5 of the probation of offenders act, whatever the case may be. what this indicates is that compensation to the victim of crime ..... security and civilised living. it observed :the constitutional concern of social justice as an elastic continuous process is to accord justice to all sections of the society by providing facilities and opportunities to remove handicaps and disabilities with which the poor etc. are languishing to secure dignity ..... exchange violation and offences under the narcotics drugs and psychotropic substances act, (c) essential commodities act, food adulteration act, acts dealing with environment or any other economic offences, (d) offences under arms act, explosive substances act, terrorists and disruptive activities act, (e) offences relating to the army, navy and air force, (f) offences against public tranquillity, .....
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