Judgment Search Results Home > Cases Phrase: bombay ferries and inland vessels act 1868 maharashtra section 3 rates of toll Page 1 of about 11 results (0.097 seconds)

Bungalow Plot Owners (Sector 8) Association and ors. Vs. State of Maha ...

Court : Mumbai

Reported in : AIR1983Bom448

..... sub-section (1) of section 20 in its original form was a complete bar against the levy and collection of toll on any vehicle, animal or person by the state government or by any local board and on any motor vehicle by any local authority, except in the manner provided under the bombay ferries and inland vessels act, 1868 or the hyderabad ferries act or the northern india ferries act, 1878. ..... by a notification dated 13th january, 1972, issued in exercise of the powers under the proviso to sub-section (1) of section 20 of the act of the government of maharashtra levied a toll at the rates specified in column 2 of the schedule to the said notification on motor vehicles of the classes specified in column 1 and on trailers drawn by such vehicles on the thana creek bridge in greater bombay for a period of fifteen years with the effect from the date on which the said bridge was made open for traffic. ..... the petitioners in this petition are challenging the continuation of recovery of the toll charges, which are collected at, what is generally known as thana creek bridge, originally levied by the state government by its notification d/- 13-1-1972 and the rates enhanced by the government notification d/- 26-4-1982 in exercise of the powers under the proviso to sub-section (1) of section 20, bombay motor vehicles tax act, 1958 (hereinafter referred to as 'the act').2. .....

Avinash S/O Pandurang Tarawade and ors. Vs. State of Maharashtra and o ...

Court : Mumbai

Reported in : 2004(5)BomCR913; 2004(2)MhLj511

..... . except as provided in the bombay ferries and inland vessels act, 1868 or that act as applied to the kutch area of the state of bombay, or the hyderabad ferries act, or the northern india ferries act, 1878, and subject to the provisions of sub-sections (1a), (1b), (1c) and (1d) on and after the commencement of the act, no tolls shall be levied and collected :-- (a) on any vehicle, animal or person by the state government or by any local board, (b) on any motor vehicle, by any other local authority.with the above, we will now first consider the second contention as raised by respondent no ..... it is also pointed out that the aurangabad municipal corporation as well as many other municipal corporations for the state of maharashtra are levying similar type of taxes in the name of transit fee or escort duty.respondent no. ..... . before the apex court the issue was the maharashtra tax on entry of motor vehicles into local areas act, 1987 ..... . such a tax imposed by the state of maharashtra was in issue firstly before this court in jaika automobiles (pvt ..... state of maharashtra, : 1992(2)mhlj1658 and shantikumar m. ..... . state of maharashtra, : (1995)1scc351 ..... . state of maharashtra, : 1992(2)mhlj1658 ..... state of maharashtra, : (1995)1scc351 . ..... the test to be applied is can the entry tax be imposed in any municipality in maharashtra? .....

Kiran Anandrao Pawar and Others Vs. Chief General Manager, M/s. IRB Ko ...

Court : Mumbai

..... (1) except as provided in the bombay ferries and inland vessels act, 1868 (bom.ii of 1868) or that act as applied to the kutch area of the state of bombay, or the hyderabad ferries act, (hyd. ..... the court further held: although the section has empowered the state government to levy rates of tolls as it thinks fit , having regard to the compensatory nature of the levy, the rate of toll must bear a reasonable relationship to the providing of benefit. ..... the essential being that as per section 73 of the bombay provincial municipal corporation act, 1949 (now the maharashtra municipal corporations act) the commissioner of municipal corporation while entering into any contract on behalf of the corporation has to ensure that the corporation is not put to loss or prejudiced. ..... he submits that the amendment by introduction of section 20 in the maharashtra motor vehicles tax act, 1958 would denote that there is authority and power to levy toll on vehicles. ..... fact that by the notification at annexure a to the memo of pil no.179/2013 the urban development department of the state of maharashtra issued a gr dated 24th january, 2008 and in furtherance of the gr dated 26th august, 2003 of the public works department of the state, the resolution of the general body of the kolhapur municipal corporation dated 31st march, 2006 and the letter of the kolhapur municipal corporation dated 5th january, 2006 all of which are referred. .....

Vinayak V. More Etc. Vs. Maharashtra State Road Development Corporatio ...

Court : Mumbai

Reported in : 2000(2)ALLMR511

..... the bombay ferries and inland vessels act, or that act as applied to the kutch area of the state of bombay, or the hyderabad ferries act, or the northern india ferries act, 1878 and subject to the provisions of sub-sections (1-a), (1-b), (1-c) and (1-d) on and after the commencement of this act, no tolls shall be levied and collected- (a) on any vehicle, animal or person by the state government or by any local board, (b) on any motor vehicle, by any other local authority; (1-a) notwithstanding anything contained in sub-section (1), but subject to the provisions of sub-sections (1-b), (1-c) and (1-d), the state government may levy tolls on motor vehicles and ..... petitions challenge the notifications dated 29th september, 1999 issued by the government levying toll on vehicles passing through the section of the concerned highway and which has been constructed, reconstructed, improved or repaired and also the flyover bridges constructed on such road and approach roads therein at the rates specified against each class of vehicles for a period of 28 years with effect from such date as the state government separately notifies, at the collection centre, as ..... to overcome the law laid down in the aforesaid judgment, further amendments to section 20 were made in terms of maharashtra act no. ..... this view, government of maharashtra decided to construct about 50 flyovers and take other traffic improvement measures at the important junctions to ease the flow of traffic and avoid traffic congestion in .....

Hansraj and Sons Vs. State of Jammu and Kashmir and ors.

Court : Supreme Court of India

Reported in : AIR2002SC2692; 2003(2)JKJ245[SC]; JT2002(5)SC242; 2002(5)SCALE240; (2002)6SCC227; [2002]SUPP1SCR199; [2002]128STC203(SC); (2002)3UPLBEC2015

..... the high court has taken note of section 3 of the act in which it is inter alia provided that the government may from time to time prescribe, annual or alter rates of tolls to be levied upon any road, ferry or bride (in the state) and may place the collection of such tolls under such management as may appear to it proper, and all persons employed in the management and collection of such tolls shall be liable to the same responsibilities as would belong to them if employed in the collection of the (excise) ..... government may from time to time prescribe, annual or alter rates of tolls to be levied upon any road, ferry or bridge [in the state] and may place the collection of such tolls under such management as may appear to it proper, and all persons employed in the management and collection of such tolls shall be liable to the same responsibilities as would belong to them if employed in the collection of the [excise] revenue under the jammu and kashmir [excise] act, 1958.a. ..... in wharton's law lexicon, 14th edition, pages 999-1000, the terms 'toll', 'toll-thorough' and 'toll traverse' are defined as under:'by section 3 'toll' includes 'any rate or other payment payable under the special act for any passenger, animal, carriage, goods merchandise, articles, matters or things conveyed on the ..... of kerala (supra), and in state of maharashtra v. ..... of india, bombay and ors. ..... case this court noted with approval, the following observation of lord russel of killowen in inland revenue commissioner v. .....

R. Gandhi and anr. Vs. Union of India (Uoi) Rep. by the Ministry of La ...

Court : Chennai

Reported in : 1997(3)CTC255

..... those who fail to comply with the provisions of this act are liable to be penalised under sections 15(1) and 15(2) of the act.all owners of vehicles bearing the registration number of other states but residing in tamil nadu are reminded that they should apply before 15th november, 1996 to the registration authorities concerned for recording the change of address and also pay the entry tax at the prescribed rate failure to do so would entail penal action under provisions of the motor ..... : [1953]4scr1028 a question had arisen whether after the constitution, any judgment of a learned single judge was subject to appeal under ci.15 of the letters patent of the bombay high court or not; the supreme court has made certain observations which are profitable to understand the dispute raised before us. ..... the plain fact is that even so many states bihar, maharashtra, karnataka and a host of other states passed such a legislation, the validity of which had already been challenged in superior courts of jurisdiction high courts and the apex court and decisions emerged on almost on all the grounds, as now urged in these actions.25. ..... the state of assam : [1961]1scr809 , a constitution bench of the apex court was testing the validity of the provisions of the assam taxation (on goods carried by roads and inland waterways) act, 1954 by applying the provisions of this part of the constitution. ..... nataraja 1868 (3) scr 829 : air 1969 sc 147 mudaliar shah, j. .....

Additional District Magistrate, Jabalpur Vs. Shivakant Shukla

Court : Supreme Court of India

Reported in : AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)

..... . the rajasthan high court and the nagpur bench of the bombay high court also considered the interpretation and validity of section 16a, sub-section (9) of the maintenance of internal security act, 1971 and while the rajasthan high court accepted the interpretation of that sub-section canvassed on behalf of the government and upheld its validity even on that interpretation, the nagpur bench of the bombay high court held the sub-section to be valid by reading it down so as not to ..... quashed by a high court, under article 226 of the constitution, despite the presidential order under article 359 of the constitution, on the ground that there was no condition at all in the bombay conditions of detention order, 1951, authorising the government of maharashtra to prohibit the publication of a book of purely scientific interest just because the petitioner happened to be detained under the defence of india rules, 1962. ..... but the 'due process' clauses, introduced by the 5th amendment (1791) and by the 14th amendment (1868) of the american constitution, became the most prolific sources of judicial law-making ..... the study of law of the constitution' frankly admits that it is 'almost certain that, when the suspension of the habeas corpus act makes it possible for the government to keep suspected persons in a prison for a length of time without bringing them to trial, a smaller or greater number of unlawful acts will be committed, if not by the members of ministry themselves, at any rate by their agents .....

Punjab Land Development and Reclamation Corporation Ltd., Chandigarh V ...

Court : Supreme Court of India

Reported in : [1991(61)FLR73]; JT1990(2)SC490; (1990)IILLJ70SC; 1990(1)SCALE878; (1990)3SCC682; [1990]3SCR111; 1990(2)LC293(SC); (1990)3UPLBEC2119

..... as to the temporariness of the period of his employment in his appointment letter claiming to have been deemed to have had continuous service for one year within the meaning of section 25(b)(2) of the act, the single bench of the high court having allowed his writ petition and the writ appeal of the appellant having also failed, this court in appeal found as fact that the appointment was purely temporary one for a period of 9 days but ..... namdeowas a clerk under the appellant maharashtra state road transport corportion. ..... owing to a crisis in the textile industry in bombay, apprehending large scale termination of services of workmen, the government of india issued an ordinance which later became the industrial disputes (amendment) act, 1953 (act 43 of 1953) which was deemed to have come into force on the 24th day of october, ..... -48 of 1981, 686(nl) of 1982, 1817 of 1982, 1898 of 1982, 3261 of 1982, 1866 of 1982, 1868 of 1982, 8456 of 1983, 10828 of 1983 and the appeal arising out of s.l.p.(c) no ..... inland revenue commissioners (1966) 1 wlr 1402, with their inter -relationship and with the question whetherlupton's case fell within the precedent established by the one or the other case, said:what constitutes binding precedentis the ratio decidendi of a case and this is almost always to be ascertained by an analysis of the materialfacts of the case that is, generally, those facts which the tribunal whose decision is in question itself holds, expressly or implictly, to be material.it has also .....

Union of India (Uoi), South Central Railways Vs. Kurukundu Balakrishna ...

Court : Andhra Pradesh

Reported in : II(2004)ACC591; 2004ACJ529; 2004(1)ALD449; 2004(1)ALT100

..... of traffic of a railway and owned, hired and worked by a railway; and(f) all ferries, ships, boats and rafts which are used on any canal, river, lake or other navigable inland waters for the purpose of the traffic of a railway and owned, hired or worked by a railway administration,but does not include--(i) a tramway wholly within a municipal area; and(ii) lines of rails built in any exhibition ground, fair, park, or any other place solely for the purpose of recreation;section 2(32) of the act defines 'railway administration ..... on the contrary, it is designed to meet certain exceptional cases in which it would be impossible, or at any rate disproportionately difficult for the prosecution to establish facts which are 'especially' within the knowledge of the accused and which he could prove without difficulty or inconvenience.the word 'especially' stresses that it means facts that are pre-eminently or exceptionally within his knowledge. ..... state of maharashtra : 1976crilj1527 , krishna iyer, j. ..... the bombay electric supply and tramways company limited, ilr 1911 bom. ..... fletcher (1868) lr 3 330) that the occupier of land who brings and keeps upon it anything likely to do damage if it escapes is bound at his peril to prevent its escape and is liable for the direct consequences of its escape even if he has not been guilty of any negligence....... ..... bombay gas co. ..... lord thankerton in government of the province of bombay v. .....

Central Inland Water Transport Corporation Limited and anr. Vs. Brojo ...

Court : Supreme Court of India

Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC)

..... passed by the calcutta high court is modified by substituting for the declaration given by it a declaration that clause (1) of rule 9 of the 'service, discipline & appeal rules - 1979' of the central inland water transport corporation limited is void under section 23 of the indian contract act, 1872, as being opposed to public policy and is also ultra vires article 14 of the constitution to the extent that it confers upon the corporation the right to terminate the employment of a permanent employee by giving him three ..... : [1985]2scr224 this court, while upholding the constitutionality of the maharashtra restoration of lands to scheduled tribes act, 1974, said (at page 493) : the present legislation is a typical illustration of the concept of distributive justice, as modern jurisprudence know it. ..... the facts in that case were that the cooperative store limited, which was a society registered under the bombay cooperative societies act, 1925, had established and was managing super bazars at different places including at connaught place in new delhi. ..... (ii) constructing vessels of various sizes and descriptions; (iii) repairing vessels of various sizes and descriptions; and (iv) undertaking general engineering activities. 4. ..... i see no reason why this should not be applied today, at any rate in contracts in standard forms where there is inequality of bargaining power. 89. ..... 1868 l.r. 3 c.p. ..... fletcher 1868 l.r. 3 h.l. .....