Court : Mumbai
Reported in : 2001ALLMR(Cri)1882; 2002BomCR(Cri)391; 2001CriLJ3193
..... however, this will not preclude the action against the sarpanch/upasarpanch or a member under section 39 of the bombay village panchayats act, 1958.b) where the offences involved in the misappropriation cases are merely technical in nature involving no financial or material implication, no prosecution need be launched.c) where the amount involved does not exceed rs. ..... that the misappropriation was in respect of a co-operative credit society run for the employees of the maharashtra state electricity board and the said amount cannot be said to be government money as a result of which benefit of the circular cannot be given to the applicants.8. ..... state of maharashtra : 1983(2)bomcr424 (supra), it was argued that it was bounden duty of the prosecution to have withdrawn the prosecution in terms of the circular and as such prosecution should be quashed. ..... the preamble to the circular shows that the government was concerned about the cases of misappropriation of village funds as also misappropriation of very small amounts and offences of technical nature.10. ..... however, in case of withdrawal even when there are instructions of the government there is duty cast on the public prosecutor to apply his mind independently and come to his own conclusion. .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(2)BomCR566
..... the government resolution dated 5th january 1980 providing for the package scheme of incentives in its preamble stated as under :-'in order to achieve dispersal of industries outside the bombay-thane-pune belt, government has been giving since 1964 to the industrial units coming up in the developing areas of the state, a package of incentives comprising mainly the refund of sales tax, relief in electricity tariff, octroi etc. ..... 8 defines 'local sales tax law' and provides that the same phraseology would mean the bombay sales tax act 1959 inforce upto the date of repeal thereof or the maharashtra sales tax act 1979 from such date it is brought into force by the state government by issuance of notification in the official gazette. ..... the object of the act, as is clear from its provisions, is to increase the tax on the sale or purchase of goods imposed by the tamil nadu general sales tax act 1959 and the fact that the quantum of the additional tax is determined with reference to the sales tax imposed would not alter its character. ..... shri presswala the learned counsel appearing for the petitioners, submitted that the turnover tax and additional tax were nothing else but the sales tax under the said act and therefore the facility of deferral payment opted for by the petitioners was available qua these two taxes also. .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(1)BomCR159
..... in keeping with the industrial policy so announced, the state government issued a notification dated 22/6/1993 in exercise of the powers conferred by section 5a of the bombay electricity duty act, 1958 ('the act' for short) and exempted from july 1993 the consumption of energy in respect of any industrial purpose in the whole of the state of maharashtra from payment of the whole of the electricity duty payable under part - f of the schedule to the said act subject to the following conditions, namely,(i) the exemption shall be available only in respect of energy generated in generating station installed on or after 1/7/1993 by the person carrying on the industry and consumed by himself for ..... however, the commission notes that the government of maharashtra currently levies an electricity duty (ed) on the consumption of the units generated from the captive power plant, under the bombay electricity duty act 1958, at the rate of 30 paise per unit on cpps commissioned after 01.04.2000, and at the rate of 15 paise per unit on cpps commissioned before 1st april, 2000.1.106 an important aspect of the philosophy behind this order on fossil fuel based captive power plants is to gainfully utilise the excess saleable capacity of the captive power plants. .....
Tag this Judgment!Court : Mumbai
Reported in : (2007)109BOMLR1921
..... admittedly excepting the exemption claimable in respect of sales tax, which could be referable to the provisions of section 41 of the bombay salex tax act, the state government was not exercising any powers regarding the other exemptions under any statutory law but the absence of a statute did not prevent the state government from granting other benefit which it thought necessary to grant for the purpose of development of the backward regions of the state. ..... at page 68 there is a letter issued by the superintending engineer, o & m circle, maharashtra state electricity board to the executive engineer, m.s.e.b. ..... along with the affidavit in reply, the respondents have produced the original package scheme of incentives 1993 as annexure 'r-1' and it's preamble discloses that package scheme of incentives which is a scheme introduced in order to achieve dispersal of industries outside the bombay-thane-pune belt and to attract them to the underdeveloped and developing areas of the state. ..... it is not the case of the respondents that the doctrine of promissory estoppel cannot be invoked by the petitioners because the government has been acting in discharge of its duty in law or that acting in pursuance of the representation made in the letter of intent would be against any statute. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1983Bom317; (1983)85BOMLR134
..... ' by his letter dated september 24, 1979 the officer on special duty in the agriculture and co-operation department, government of maharashtra, intimated the chairman of the saraswat co-operative bank limited that the government had received a representation from the vice-president of the co-operative bank employees' union, bombay, requesting the government to notify the said bank for the purpose of section 73bb of the act. ..... all the three petitioner-banks were registered as co-operative societies under the bombay co-operative societies act, 1925 (bombay vii of 1925),the said act was repealed by the maharashtra co-operative societies act, 1960 (hereinafter for the sake of brevity called 'the act') and the three petitioner-banks are now deemed to be registered under the act on the commencement thereof, namely, with effect from jan. ..... the legislature may guide the delegate by speaking through the express provision empowering delegation or the other provision of the statute, the preamble, the scheme or even the very subject-matter of the statute. ..... in exercise of these powers the kerala government declared electricity as an essential article and thereafter issued the kerala state electricity supply (kerala state electricity board and licensees areas) surcharge order, 1968. ..... . union of india : (1963)illj536sc , kerala state electricity board v ..... in kerala state electricity board v. ..... . union of india : [1973]2scr757 and godhra electricity co .....
Tag this Judgment!Court : Mumbai
Reported in : [1986]158ITR742(Bom)
..... the apmc act was brought on the statute book, there operated in the field in various regions which now form the state of maharashtra (a) bombay agricultural produce market act, 1939, (b) the central provinces and berar agricultural produce market act, 1935, and (c) the hyderabad agricultural produce market act ..... the income of a local authority which is chargeable under the head 'interest on securities', 'income from house property', 'capital gains' or 'income from other sources' or from a trade or business carried on by it which accrues or arises from the supply of a commodity or service (not being water or electricity) within its own jurisdictional area or from the supply of water or electricity ..... preamble reads thus :'whereas it is expedient to regulate the marketing of agricultural and certain other produce in market areas and markets to be established therefor in the state; to confer powers upon market committees to be constituted in connection with or acting for purposes connected with such markets; to establish market fund for purposes of the market committees and to provide for purposes connected with the matters aforesaid; it is hereby enacted in the fourteenth year of the ..... duties as are usually entrusted to municipal bodies, such as those connected with providing amenities to the inhabitants of the ..... the settlement of the disputes regarding construction of rules, weights and measures notwithstanding anything contained in the bombay weights and measures (enforcement) act, 1958 .....
Tag this Judgment!Court : Mumbai
Reported in : 1985(1)BomCR357
..... before the apmc act was brought on the statute book, there operated in the field in various regions which now form the state of maharashtra (a) bombay agricultural produces market acts, 1939, (b) the central provinces bombay and agricultural produce market act, 1935, and (c) the hyderabad agricultural produce market act, 1939. ..... one such category is to be found in section 10(20) which reads thus :the income of local authority which is chargeable under the head 'interest on securities', 'income from house property' 'capital gains' or 'income from other sources' or from trade business carried on by it, which accrues or arises from the supply of a commodity or services (not being water or electricity), within its own jurisdictional area or from the supply of water or electricity within or outside its own jurisdictional area. ..... it's preamble reads thus : 'whereas it is expedient to regulate the marketing of agricultural and certain other produce in market areas and markets to established therefore in the state; to confer powers upon market enmities to be constituted in connection with or acting for purposes connected with such markets; to establish market fund for purposes of the market committees and to provide for purposes connected with the matters aforesaid; it is hereby enacted in the fourteenth year of the republic of india as follows. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR611; 2007(5)BomCR481; (2007)109BOMLR1959; 2008(1)MhLj753
..... it is argued before us that under the electricity act, 2003 and the maharashtra electricity regulatory commission (electricity supply code and other conditions of supply) regulations, 2005, there is change in the position of law and the division bench ruling in etco spinners pvt. ..... : 2006(6)bomcr186 , this court while considering the securitisation act, 2002 and the bombay sales tax act, 1959 has considered whether the sales tax will be a first charge on the assets of a company even if property is mortgaged by owner as security for loan from a bank and even where bank is authorised to take over and sell secured property without intervention of court or help of debt recovery act. ..... it is stated in the preamble that the state bank of india had granted to m/s amar amit jalna alloys private limited, d-52/5, additional m.i.d.c. ..... so, this preamble clearly shows that what was attempted to be sold was 'rights of creditor' and not the property of the debtor in auction sale.20. ..... has a statutory duty to supply electricity to the petitioner and the petitioner cannot be saddled with liability to clear arrears of electricity charges payable by erstwhile consumer. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC119; (1985)87BOMLR49; 1984(2)SCALE793; (1985)1SCC234; [1985]2SCR129; 1985(17)LC432(SC)
..... it is also difficult to understand as to why certain lands which are under acquisition for the purposes of the maharashtra housing board and the bombay municipal corporation have been included in the schedule and other lands similarly situated have not been so included. ..... the second recital in the preamble to the act on which reliance is placed by the state government as affording a guideline to the competent authority for making a declaration that a certain land is a vacant land cannot serve that purpose. ..... the act was applicable to the entire state of maharashtra but, in the first instance, it was brought into force in the bombay metropolitan region on november 11. ..... according to the preamble of the act, it had become necessary to take certain measures because the number of unauthorised occupants on vacant lands in urban areas was increasing rapidly and was causing grave danger to public health and sanitation and to the peaceful life of the inhabitants of those areas.6. ..... in any event, it seems clear that they are provided with essential civic amenities like water and electricity. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)ALLMR362; 2002(5)BomCR117; [2002(95)FLR553]
..... it was contended by them that the petitioner was committing acts of misconduct and he was not doing his work properly and that there were several complaints from the villagers and the officers had to face angry villagers for want of electricity at the proper given time. ..... she further submitted that the learned member of the industrial court has considered all the aspects of the matter including the allegations made against the petitioner and that the fact that the enquiry was held to be fair and proper and, therefore, no interference under article 227 of the constitution of india was warranted by this court.4. ..... the supply of electricity is an essential necessity particularly in the villages where the supply is for limited hours during which the agriculturists are required to water their fields. ..... on account of irregular supply of electricity the villagers were harassed and they made collective complaints with the respondents. ..... it was further alleged by the respondents that the petitioner was using very abusive and arrogant language and was threatening his superiors and was refusing to perform his lawful duties and was not obeying the lawful and reasonable orders of the superiors. ..... the industrial court has also noted the consistent refusal to perform his duties amounting to a very serious act of misconduct. ..... on account of failure to discharge his regular duties, the villagers were not receiving electricity at the proper time and they were suffering. .....
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