Court : Supreme Court of India
..... section 2 of the maharashtra second amendment act, 2018 which provides that where consideration of preliminary issue framed under section 9 a is pending on the date of commencement of the cpc, the said issue shall be decided and disposed of by the court under section 9 a as if the provision under section 9 a has not been deleted, does not change the legal scenario as to what can be decided as a preliminary issue under section 9 a cpc, as applicable in maharashtra. ..... section 9a was introduced by the code of civil procedure (maharashtra amendment) act, 1977 which 11 provided that if at the hearing of an application for grant of interim relief in a suit, an objection is raised by a defendant to the jurisdiction of the court to entertain the suit, the court shall proceed to determine at a hearing of such application, the issue of jurisdiction as a preliminary issue before granting or setting aside the order granting interim relief. ..... while dismissing the special leave petition, this court directed the bombay high court to expeditiously decide the writ petition. ..... the said respondents invoked section 9a of the code of civil procedure, 1908 (for short cpc ) and prayed that both the issues be decided as preliminary issues before deciding the notice of motion for temporary injunction. ..... the court is enjoined with a duty under section 3 of the limitation act to take into consideration the bar of limitation by itself. .....
Tag this Judgment!Court : Supreme Court of India
..... maharashtra and others ..respondent (s) judgment indira banerjee, j.this appeal is against a judgment and order dated 15.9.2008 passed by a division bench of bombay high court dismissing writ petition no.904 of 2008 filed by the appellant, challenging an order dated 3.5.2006, whereby the state government refused to sanction modification of a scheme under the provisions of section 91 of the maharashtra regional and town planning act ..... development plan came into force, nor proceedings under the land acquisition act, 1894 commenced within such period and if a person interested has served notice on the planning authority/developmental authority/ appropriate authority as the case might be and the land is not cleared within six months of such notice ..... dispute and the present, in our judgment, is a case in which in the interests of both the parties the high court should have entertained the petition and called for an affidavit-in reply from the respondents, and should have ..... issue a writ of mandamus or in the nature of mandamus, but are duty bound to exercise such power, where the government or a public authority has ..... section (2) of section 126 inserted by amendment by maharashtra act no.16 of 2009 on lapsing of reservation or a designation of any land under sub-section ..... title had statutorily vested in the corporation under section 88 of the regional and town planning act and the only method to change or vary the town planning scheme was under section 91 of the regional and town planning act .....
Tag this Judgment!Court : Supreme Court of India
..... section 154 of the maharashtra regional town development and town planning act 1966 the following the directions were issued to all planning authorities in the state: directions1 the planning authorities while preparing development plan for area in their jurisdiction or amending ..... commencement of the national green tribunal act, 2010, by the appellate authority under section 28 of the water (prevention and control of pollution) act, 1974 (6 of 1974); (b) an order passed, on or after the commencement of the national green tribunal act, 2010, by the state government under section 29 of the water (prevention and control of pollution) act, 1974 (6 of 1974); 23 (c) directions issued, on or after the commencement of the national green tribunal act, 2010, by a board, under section 33-a of the water (prevention and control of pollution) act ..... restitution of property or environment under this section shall be entertained by the tribunal unless it is made ..... acting on the directions of the ngt, the state of maharashtra invoked its 10 powers under section 154 of the maharashtra regional and town planning act, 1966 (for short "mrtp act") and ..... section 41 is to be construed as capable of imposing a duty to take remedial measures to deal with ice and snow on a highway, or footway, which is in good physical repair, so that whether in particular circumstances that duty has arisen is to be decided as a question of fact and degree, it would seem that the facts relevant to determining whether the duty .....
Tag this Judgment!Court : Supreme Court of India
..... maharashtra amendment) act, 2018, for clause (1), the following clause shall be substituted and shall be deemed to have been substituted with effect from the 27th june, 2018, being the date of commencement of the said act, namely : (1) where consideration of a preliminary issue framed under section 8 9a is pending on the date of commencement of the code of civil procedure (maharashtra amendment) act, 2018 (hereinafter, in this section, referred to as the amendment act ), the said issue shall be decided and disposed of by the court under section 9a, as if the said section ..... granting or setting aside an order granting any interim relief, whether by way of stay, injunction, appointment of a receiver or otherwise, made in any suit, an objection to the jurisdiction of the court to entertain such a suit is taken by any of the parties to the suit, the court shall proceed to determine at the hearing of such application the issue as to the jurisdiction as a preliminary issue before granting ..... said question, particularly, when in the absence of any finding of fact that such short levy of excise duty related to any positive act on the part of the appellant by way of fraud, collusion, wilful misstatement or suppression of facts, the extended period of limitation could not have been invoked and in that view of the matter no show cause notice in terms of rule 10 ..... amended in its application to the bombay area of this state 5 by the code of civil procedure (bombay amendment) act ..... and others, (2006 .....
Tag this Judgment!Court : Delhi
..... under section 34 of the indian trusts act, sale of trust property can be directed, if necessary for implementation and continuation of the object of the trust and if the condition of the property was so bad that continued preservation thereof was a challenge; (n) in accordance with section 5(2) of the delhi high court (amendment) act, 2015, the petition must be entertained in ..... property but reference can be made to section 36 of the bombay public trusts act, 1950 read with rule 24 of the bombay public trusts rules, 1951, dealing with the alienation of immovable property of public trust, and which provide for sale by previous sanction of the charity commissioner appointed thereunder and which sanction may be granted subject to ..... sections 34 and 37 of the indian trusts act, seeking direction to sell the immovable property of the trust, to be maintainable under section 7 of the crt act; (h) in re: birla jankalyan trust 1970 scc online cal 70, it has been held that the word directions does not mean adjudication and determination of substantive rights, but means directions to help the executors in the difficulties in respect of practical management or administration, where no disputed question of title ..... trust in a petition under sub-section (1), and acting upon the opinion, advice or direction of the court given thereon, shall be deemed, as far as his own responsibility is concerned, to have discharged his duty as such trustee in the matter ..... maharashtra 2007 scc online bom 124 (fb) and .....
Tag this Judgment!Court : Supreme Court of India
..... contained in sections 33 and 34 of the maharashtra stamp act, which is a general statute insofar as it relates to safeguarding revenue, and section 11(13) of the 1996 act, which applies specifically to speedy resolution of disputes by appointment of an arbitrator expeditiously, is by 43 declaring that while proceeding with the section 11 application, the high court must impound the instrument which has not borne stamp duty and hand it over to the authority under the maharashtra stamp act, who will ..... affirmative (2) whether, inter alia, in view of section 11 (6a) of the arbitration and conciliation act, 1996, inserted by arbitration and conciliation (amendment) act, 2016, it would be necessary for the court before considering and passing final orders on an application under section 11(6) of the act to await the adjudication by the stamp authorities, in ..... us as follows: (1) whether a court, under the arbitration and conciliation act, 1996, can entertain and grant any interim or ad-interim relief in an application under section 9 of the said act when a document containing arbitration clause is unstamped or insufficiently stamped? ..... or suit, meaning thereby a legal proceeding which almost invariably in india will be in the nature of a suit, has got to be commenced within three months from the date of such rejection; otherwise, all benefits under the policy stand forfeited. ..... bombay ..... clause, namely, clause 35 of a lease deed dated 21.12.2006 for a term of 30 years in regard to two tea .....
Tag this Judgment!Court : Delhi
..... delhi (gnctd) has made this reference under section 57 of the stamp act, 1899 seeking a decision on the following issue: whether the notification no.13 of 25-12-1937 extending benefit of remission in stamp duty in case of subsidiary companies as applicable in the then province of delhi has any continuous validity and applicability in view of notification no.gsr894dated 30-09-1958 by which the central government extended the indian stamp (punjab amendment) act, 1958 replacing the previous and then prevalent stamp law in union territory of ..... a case which is to be disposed of by the revenue authority on receipt of the high court judgment and if a reference in abstract were to be entertained there would be no case for the revenue- authority for disposal on receipt of the judgment of the court; (ii) that section 57 (1) permits reference in relation to any case whether referred to the ccra under section 56 or otherwise coming to its notice and thus there necessarily has to be a case pending and when there is no pending case there can be no reference; (iii) that no substantial question ..... satyawati sood ilr (1972) ii delhi and in re: the indian stamp act ilr (1926) i bombay 640, all on references under section 57 and in all of which judgment was rendered in the context of a specific document/instrument subject of reference ..... is placed on: (a) the maharashtra sugar mills ltd. ..... dated 2nd february, 2012 of the high court of calcutta in cp no.627/2011 titled emami biotech limited & anr. vs. .....
Tag this Judgment!Court : Delhi
..... any exhibition, performance, amusement, game, sport or race (including horse race) or in the case of cinematograph exhibitions, cover exhibition of news- reels, documentaries, cartoons, advertisement shorts or slides, whether before or during the exhibition of a feature film or separately, and also includes entertainment through cable service;" section 2(m) of the act, after amendment with effect from 1st october, 2012 reads as under:-"(m) "payment for admission" includes- (i) any payment made by a person for seats or other accommodation in any form in ..... the high court refused to grant relief and deemed the exhibitions to be entertainment events within the ambit of bombay entertainment duty act on an application of the tests prescribed in geeta enterprise ..... s grievance is that, under protest, it had to deposit ` 1,07,97,000 towards entertainment tax on sponsorship, in order to obtain no objection certificate (noc) from the gnctd to organize two play-off matches titled the vivo ipl2016play-off matches at the ferozshah kotla stadium on 25.05.2016 and 27.05.2016. ..... of persuasive legislative practice and precedents, amendments made to the entertainment tax enactments of maharashtra, goa, punjab, tamil nadu and kerala have been relied upon ..... the instance of the wills lifestyle india fashion week wherein wills lifestyle, the brand name of itc s apparel division, is the title sponsor of the event of the petitioner i.e. ..... right to associate their name as title sponsor, or presenting partner etc .....
Tag this Judgment!Court : Delhi
..... any exhibition, performance, amusement, game, sport or race (including horse race) or in the case of cinematograph exhibitions, cover exhibition of news- reels, documentaries, cartoons, advertisement shorts or slides, whether before or during the exhibition of a feature film or separately, and also includes entertainment through cable service;" section 2(m) of the act, after amendment with effect from 1st october, 2012 reads as under:-"(m) "payment for admission" includes- (i) any payment made by a person for seats or other accommodation in any form in ..... the high court refused to grant relief and deemed the exhibitions to be entertainment events within the ambit of bombay entertainment duty act on an application of the tests prescribed in geeta enterprise ..... s grievance is that, under protest, it had to deposit ` 1,07,97,000 towards entertainment tax on sponsorship, in order to obtain no objection certificate (noc) from the gnctd to organize two play-off matches titled the vivo ipl2016play-off matches at the ferozshah kotla stadium on 25.05.2016 and 27.05.2016. ..... of persuasive legislative practice and precedents, amendments made to the entertainment tax enactments of maharashtra, goa, punjab, tamil nadu and kerala have been relied upon ..... the instance of the wills lifestyle india fashion week wherein wills lifestyle, the brand name of itc s apparel division, is the title sponsor of the event of the petitioner i.e. ..... right to associate their name as title sponsor, or presenting partner etc .....
Tag this Judgment!Court : Delhi
..... any exhibition, performance, amusement, game, sport or race (including horse race) or in the case of cinematograph exhibitions, cover exhibition of news- reels, documentaries, cartoons, advertisement shorts or slides, whether before or during the exhibition of a feature film or separately, and also includes entertainment through cable service;" section 2(m) of the act, after amendment with effect from 1st october, 2012 reads as under:-"(m) "payment for admission" includes- (i) any payment made by a person for seats or other accommodation in any form in ..... the high court refused to grant relief and deemed the exhibitions to be entertainment events within the ambit of bombay entertainment duty act on an application of the tests prescribed in geeta enterprise ..... s grievance is that, under protest, it had to deposit ` 1,07,97,000 towards entertainment tax on sponsorship, in order to obtain no objection certificate (noc) from the gnctd to organize two play-off matches titled the vivo ipl2016play-off matches at the ferozshah kotla stadium on 25.05.2016 and 27.05.2016. ..... of persuasive legislative practice and precedents, amendments made to the entertainment tax enactments of maharashtra, goa, punjab, tamil nadu and kerala have been relied upon ..... the instance of the wills lifestyle india fashion week wherein wills lifestyle, the brand name of itc s apparel division, is the title sponsor of the event of the petitioner i.e. ..... right to associate their name as title sponsor, or presenting partner etc .....
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