Judgment Search Results Home > Cases Phrase: bombay entertainments duty second amendment act 2010 maharashtra Court: kolkata Page 1 of about 63 results (0.165 seconds)

Zafar Khan Vs. Coal India Ltd. and ors.

Court : Kolkata

Reported in : AIR2009Cal187

..... by the constitution (forty-second amendment) act, 1976, clause (1-a) was ..... judgment at page 713, which is set out hereunder:.the appeal before the supreme court under article 136 was confined to the preliminary objection of ongc that the high court of calcutta had no jurisdiction to entertain, hear and dispose of the writ petition in the manner it did as the averments in the writ petition, even if assumed to be correct, did not disclose that even a part of the ..... single judge by the judgment and order under appeal wherein the said learned judge specifically held that this hon'ble court has no territorial jurisdiction to entertain the writ petition filed by the appellant herein and, therefore, declined to adjudicate the grievance of the appellant mentioned in the said writ petition on merits.9 ..... that article 226(1) of the constitution of india is independent of article 226(2) of the constitution and if a high court has jurisdiction to entertain a writ application under article 226(2) of the constitution of india, it is immaterial as to whether article 226(1) of the constitution is satisfied ..... maharashtra reported in : (2000) 7 scc 640 : air 2000 sc 2966, the supreme court permitted bombay high court to interfere in respect of a complaint filed in meghalaya on the basis that a part of the cause of action had arisen at bombay ..... let xerox copies of this judgment duty countersigned by the assistant registrar of this court, be supplied to the parties herein on undertaking to apply for the .....

Bengal Peerless Housing Development Co. Ltd. Vs. Urmila Roy and ors.

Court : Kolkata

Reported in : 2007(3)CHN640

..... section 27a of the 1972 act inserted in the act by amendment act of 1993 it was inserted to assist the housing board in execution of the housing scheme as the housing board was facing tremendous financial crunch. ..... scheme is 'bengal peerless housing project' which will be implemented by the government at public expense and for a public purpose in terms of the notifications issued under sections 4 and 6 of the said act 1 of 1894.it is true that in the notifications issued under section 9 of the said act government has specifically identified the housing scheme as bengal peerless housing project but it has never been mentioned in the said notification that the land in question will be needed ..... the high court has not even indicated any reason as to why the writ petitions were being entertained when the references in terms of section 18 were pending. ..... incidentally, the decision last noted was also on land acquisition and requisition under the maharashtra regional and town planning act, 1966 and in para 29 of the report this court observed: (scc p. ..... in the present state of law, that comes to be the real position.whether the second proviso to section 6(1) has been complied with.10. ..... since the taxes has not been assessed as yet for value to ascertain additional stamp-duty, the same have not been paid so far. ..... krishnan and municipal corporation of greater bombay v. ..... similar is the view in an earlier decision of this court in the case of municipal corporation of greater bombay v. .....

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... in the case of jilubhai (supra) the supreme court also held that the bombay land revenue code and land tenure abolition laws (gujarat amendment) act 8 of 1982 fell within entries 18 and 23 of list ii read with entry 42 of list iii.491 ..... small car production industry has been commissioned for regular production of small car, which has in fact been abandoned by the tml as announced by the tml and reiterated in their letters including the letter dated 28.09.2010 and the tml have already transferred, removed the small car project and all machinery and equipment from the said and to another state. ..... here, it is obviously possible to obey both laws, by obeying the more stringent of the two, namely the second one; yet it is equally obvious that the two laws are repugnant, for to the extent to which a citizen is compelled to obey one of them, the other, though not actually disobeyed, is nullified. ..... further pointed out that the constitutional writ jurisdiction under article 226 will not be available as the determination will almost entirely be a question of fact and disputed questions of fact are generally not entertained under article 226 of the constitution. ..... in laxmi devis case (supra) the validity of section 47a of indian stamp act 1899 was under challenge as it required a pre-deposit of 50% of the deficit duty assessed by the registering officer for referring the matter to the collector.466. mr ..... state of maharashtra reported in (1977) 2 scc 670 where the court held as follows:-para .....

Joydeep Mukherjee and ors. Etc. Etc. Vs. State of West Bengal and ors. ...

Court : Kolkata

Reported in : 2008(2)CHN546

..... exercise of jurisdiction to cases where legal wrong or legal injury is caused to a determinate class or group of persons or the constitutional or legal right of such determinate class or group of persons is violated and as far as possible, not entertain cases of individual wrong or injury at the instance of a third party, where there is an effective legal aid organisation which can take care of such cases.223. ..... case, it was held that they were intended to act independently since the state law was enacted under entries 56 and 66 of list ii (state list) while the amendment act was enacted under entry 42 of the concurrent list ..... the petitioner if true, constituted gross acts of maladministration and the charge levelled against the second respondent was that because the petitioner in the course of his duties obstructed and thwarted the second respondent in these acts of maladministration, that the second respondent was annoyed with him and it was with a view to putting him out of the way and at the same time deflating him that the second respondent transferred him from the post of ..... abdul wahab, the hon'ble supreme court held that the parliament enacted amendment act 68 of 1984 prescribing the procedural steps in publication of the notification under section 4(1) and declaration under section 6 without prescribed time-limit with consequences of non-compliance thereof and in section 11a declaring ..... private or non-government law colleges coming up in bombay and other parts of maharashtra. .....

Smt. Rita Bhattacharjee Vs. Shanti Ranjan Bhattacharjee

Court : Kolkata

..... decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the marriage laws (amendment) act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually ..... by the parties was mandatory and held that once the petition was moved jointly within the said time limit, the court gets jurisdiction to entertain the matter but the court is not divested of its jurisdiction simply because it could not dispose of the matter within eighteen months from the date of presentation of the ..... of money, this order shall automatically stand revoked and the divorce proceedings pending in the family court, bandra at bombay shall revive and in that eventuality those proceedings shall stand transferred to the file of the district judge, delhi ..... of the parties may have a second thought and change the mind not ..... the state of maharashtra reported in : 1971crilj693 , made the following observations as regards the general power of an appellate court, apart from the power conferred upon the appellate court under the ..... jagdish reported in air 2001 sc 600 while pointing out the duty of a co-ordinate bench, if it is unable to agree with the earlier decision of another bench of the same strength:it is well settled that if a bench of coordinate jurisdiction disagrees with another bench of coordinate .....

Shri Indubhusan Das Gupta Vs. the State Represented by Inspector of Po ...

Court : Kolkata

Reported in : (1994)2CALLT351(HC)

..... . the result of introducing section 13 in the west bengal special courts act in the year 1953 is virtual exclusion of the criminal law (amendment) act, 1952 from west bengal in the matter of its application to this state ..... . since by section 13 of the west bengal special courts act, the operation of section 6 of the criminal law (amendment) act, 1952 was excluded, there was no question of appointing any special judge under the said section of the criminal law (amendment) act, 1952 by the state government in west bengal for trying an offence under section 5 of the prevention of corruption act, 1947. 19 ..... . in 1952 the parliament enacted the criminal law (amendment) act, 1952 with the object of amending the indian penal code and the code of criminal proredure and of providing for a more speedy trial of certain offences ..... somewhat tardily, the learned advocate for the petitioner-accused had strongly urged, though no such ground had been taken in the revisional application, the learned special judge trying the case has no jurisdiction to entertain and try the same. ..... the state of maharashtra, 1991 cr. ..... . section 5 of the said prevention of corruption act, 1947 defined criminal misconduct of public servant in discharge of official duty and provided for punishment of the same ..... a single bench of the bombay high court in shyam lachmandas ajmani v. ..... the second submission on behalf of the petitioner-accused must as well fail.15. ..... to the second ground of delay next. .....

Npr Finance Limited Vs. Deepak Jhunjhunwala

Court : Kolkata

..... has not made an application for the issue of a fresh summons within three months, nor has made an application within that period for an extension of time, the master can no longer can entertain an application for such extension, far less an application for the issue of a fresh summons and that in the situation arises, the court will be bound to make an order that the suit be dismissed....24. ..... plaintiff to apply for issue of fresh summons within a period of three months of the original summons returning unserved (the provision in the code then allowed three months' time; it was reduced to one month by the amending act of 1976 and further curtailed to seven days by the amending act of 1999) had led to a valuable right accruing in favour of the defendant. ..... no steps at all for the issuance of the writ of summons in the first place would be entitled to more lenience, on the strength of the laxmi trading reasoning it would be irrational to permit the plaintiff in the second case to carry an application for extension of time for the issuance of the summons to the master beyond the period of 14 days as contemplated in chapter viii of the rules of this court. ..... the defendant says that it was the bounden duty of the plaintiffs to cause service of the writ of summons, accompanied with copies of the plaints, within a reasonable time of the institution of the suits and the failure to discharge such responsibility without any ..... particular the decision of the bombay high court in hirabai gendalal .....

Gonterman Peipers (India) Limited Vs. Additional Secretary to the Gove ...

Court : Kolkata

Reported in : 1987(13)ECC33,1991LC286(Calcutta),1986(26)ELT471(Cal)

..... considering the extended definition of manufacture as given in section 2(f)(v) of the said act by the central excises & salt and additional duties of excise (amendment) act, 1980. ..... the effect of various amendments inserted by the amendment act was to include the processes of ..... also pointed out that under section 15, of the rajasthan sales tax act a proceeding by way of reference is available to merits, should exercise no wider jurisdiction than that available to it if it had entertained a reference, we are unable to agree that the question is ..... in respect of proceedings which had already been initiated under the unamended section 36 of the act, the amended provisions provide for transfer to and hearing of such proceedings by the customs, excise and gold (control) appellate tribunal ( ..... relates to the construction of a tariff item, the matter was of substantial importance and not a question of fact and therefore, there was a sufficient justification for the supreme court to entertain the appeals against it under their civil appellate jurisdiction.50. ..... under the customs tariff act, 1975 an additional duty equal to excise duty, is levied, section 3 of the customs tariff act provides that any article which is imported into india shall, in addition, be liable to a duty, (referred to as the additional duty) equal to the excise duty for the time being leviable on a like article, ..... bombay high court in maharashtra ..... secondly, there are several decisions of the tribunal taking the same view on .....

State of West Bengal Vs. Anal Chowdhury

Court : Kolkata

Reported in : [1985]151ITR790(Cal)

..... he emphasised that though the impugned act is a verbatim copy of the maharashtra luxury-cum-entertainment and amusements tax on holders of television sets act (19 of 1982), it did not use the word 'luxury' anywhere, neither in the title nor in section 4 which is the charging ..... is an independent power of taxation as provided by entry 62 in list ii of schedule vii, then merely because that tax is levied on an article which is used for entertainment and amusements and can also be used in order to acquire certain information, such power cannot be challenged on the ground that it impinges on article 19(1)(a) of the constitution. ..... section 1(2) of this amendment act provides that provision of the act, inter alia, of section 8 shall come into force on such date as the state government may by notification ..... precise question whether the tax on a television set is a tax on luxury came up for consideration before the bombay high court in mumbai grahak panchayat v. ..... these expressions are to be interpreted as including duties to be levied in respect of that trade and commerce, then entry 83 which is 'duties of customs including export duties' would be wholly redundant. ..... reaches the given parts of the country within a fractionof a second of its transmission. ..... the second category consists of entries conferring powers of ..... examination of these two groups of entries shows that while the main subject of legislation figures in the first group, a tax in relation thereto is separately mentioned in the second. .....

Ratanlal Nahata Vs. Nandita Bose

Court : Kolkata

Reported in : (1998)3CALLT348(HC)

..... applicable thereto in the rules of the original and appellate side, respectively, shall apply thereto mutais mutandis:provided that unless the court otherwise directs no prayer for any interim order shall be entertained unless a copy of an application for such an interim order has been served upon a party, who has lodged a caveat in the form and manner as may be prescribed, and given an opportunity of ..... the application for review if the judge or judges or any one of them is still attached to the court, so that it seems to me that although the chief justice of this court has in general the duty cast upon him of appointing the judges who are to constitute particular benches for particular business, in these cases the constitution of the bench is taken out of his hands, and is provided for by the code, for ..... bench held that the provisions of code of civil procedures were not applicable even before coming into force of 1976 amendment act in view of the decision of the apex court in babubhai v. ..... the apex court held that despite order 47 rule 6 of the code of civil procedure, in view of the letters patent of the bombay high court in a case of difference of opinion between two judges hearing a review application the matter has to be referred to a third ..... the matter, we consider it unnecessary to refer to any of ihc decisions cited at the bar to contend when the high court will interfere in the second appeal and when it will stay its hands. ..... by the apex court in state of maharashtra v. .....