Court : Mumbai
Reported in : 2000(4)ALLMR604; 2001(1)BomCR167; [2000]246ITR63(Bom)
..... the scheme of the legislation indicates that it is the duty of the assessee to co-operate, if that be so, the order of the commission cannot be held to be bad, if higher income is found by commissioner and accepted by the assessee exhibiting his co-operation with commission. ..... consequently, the order dated 17.11.1994 is liable to be set aside as bad. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)MhLj406
..... on this count alone the impugned order is liable to be quashed and set aside holding it to be bad and illegal being in breach of principles of natural justice.32. ..... firstly, she submits that the impugned order is bad because it was passed after lapse of 14 months from the date of hearing, which ultimately, resulted in two orders running counter to each other. ..... 3 in revisional jurisdiction is held to be bad for want of jurisdiction, then the order passed by respondent no. .....
Tag this Judgment!Court : Mumbai
Reported in : [2002(93)FLR960]; (2002)IILLJ393Bom
..... deshmukh, the learned counsel for the petitioner submitted that the notice of lock-out is rendered bad because the reasons given therein are not in existence and once the notice is rendered bad, the consequent action is also rendered bad in law. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)ALLMR385; 2002(1)BomCR76
..... it was then submitted by the petitioners in all the three writ petitions that the environmental clearance given by the government of india was bad in law, in view of the fact that no environmental impact assessment had been done, and no public hearing was given before the project was granted environmental clearance by the government of india. ..... kalsekar then submitted that the amendment of paragraph 2(viii) of the crz notification was itself bad. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR89; 2008(2)BomCR335
..... lastly, he submitted that plaintiff has made out a prima facie case to show that the suit structure is legal and the notice under section 55 of the mrtp act is bad in law and if temporary injunction is not granted the plaintiff would suffer irreparable loss. ..... the estate manager of mhada filed affidavit and took the contention that the suit is bad in view of the provisions of section 173 and 177 of mhada act. ..... according to him, in the instant case, structure in question was of permanent nature and hence, notice is bad in law. .....
Tag this Judgment!Court : Mumbai
Reported in : [2008(118)FLR760]
..... according to them, the allegations of the plaintiff that the transfer order is mala fide and bad in law is not correct defendants further contended that plaintiff has failed to make out any prima facie case for granting temporary injunction and the balance of convenience is also not in favour of the plaintiff. ..... according to* him, the transfer order in question was mala fide and plaintiff was 'transferred to non- sia station and as such it was against the terms and conditions of the contract of service and as such bad in law. .....
Tag this Judgment!Court : Mumbai
Reported in : (2004)85TTJ(Mumbai)389
..... (supra) wherein the honble calcutta high court has observed that the subsidiaries were controlled by the assessee-company and even if the amount could not be treated as a bad debt in the sense that it was not an advance in the course of moneylending business, it can be allowed as a trading loss incurred by the assessee in the course of its business ..... it has been rightly pointed out by the learned commissioner (appeals) that the assessee was not entitled to deduction of the said amount either as bad debts under section 36(1)(vii) or as bona fide business expenditure since the losses incurred by the other two companies could not be considered as expenditure incurred by the assessee for the purpose of earning its profits from ..... since, the assessee had no chance of recovering the amount in question from the subsidiary, the amount could be treated as a bad debt entitled to deduction from the income for the relevant year. ..... honble high court has held that it was immaterial whether the bad debt was shown after the close of the accounting year or during the accounting year ..... since, in that case the assessee had no chance of recovery of the amount in question from the subsidiary, therefore, it was held that amount would be treated as bad debt entitled to deduction from the income for the relevant year. ..... the tribunal disallowed the deduction for bad debt on the ground that the bad debts were shown after the close of the accounting year, and secondly, the assessee was not in the business of .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(4)BomCR339; [2002(92)FLR927]; 2002(2)MhLj448
..... the learned counsel for the union urged that even otherwise, the action of the corporation in moving the application under section 25o of the act of 1947 is unsustainable and bad in law, since it is contrary to nationalisation act of 1982. ..... lastly, shri thakur submitted that the delegation of power by the state government to the commissioner of labour under section 39 of the act of 1947 is bad in law and is also actuated with malice.7. ..... now we may turn to the submission of the learned counsel for the union that the delegation of power by the state government to the commissioner of labour under section 39 of the act of 1947 is bad in law and is actuated with malice. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)BomCR274; (2003)181CTR(Bom)30; [2003]261ITR577(Bom); [2003]44SCL254(Bom)
..... he further contended that the impugned prohibitory order dated 10th may 1996 was also bad in law because the tro has not specified the account of the defaulter in the books of the bombay stock exchange in the ..... that in such circumstances, it is not open to the stock exchange to argue that the impugned prohibitory order was bad for want of particulars of the debt, which has been attached under rule 26 of schedule-ii. ..... garnishee to the assessee, whereas rule 26 refers to the debt which is attached as a property and, therefore, that property needs to be particularized which, in this case, has not been done and, therefore the prohibitory order is bad in law because without identification of the debt, the prohibitory order under rule ..... that rule 26 requires particulars of the account to be mentioned and in the absence of such particulars the prohibitory order was bad in law. mr. ..... be specified, but when it comes to attachment of movables under rule 26, the debt needs to be particularized and in this case, debt has not been particularized and, therefore, the prohibitory order was invalid and bad in law. ..... the particulars of debt may not be relevant, but in the context of rule 26, particulars of debt owned by the stock exchange to the broker needs to be specified and since it has not been specified, the prohibitory order is bad in law. ..... notice under section 226(3) was never issued and therefore, the prohibitory order dated 10th may 1996 issued by the tro under section 220(2) was bad in law. .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(5)BomCR288; 1999BomCR(Cri)288; (1999)2BOMLR290
..... one additional point raised in this appeal was that the fact that a large number of fresh orders of detention were made 'overnight' indicates bad faith on the part of the authorities, for the authorities could not have applied their minds to each individual case. ..... in the aforesaid case also there is second detention order has been passed and the allegations of bad faith was rejected by the supreme court. ..... i do not think there was any failure of duty on the part of the authorities which will establish bad faith on their part. ..... therefore, we do not propose to lay down that if detention order is passed on the same day on which proposal is received or immediately thereafter, the order of detention will be bad. .....
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