Judgment Search Results Home > Cases Phrase: bombay ferries and inland vessels act 1868 maharashtra section 9 penalty for taking unlawful toll Page 1 of about 26 results (0.320 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. ..... therefore, while computing the cost of construction of the bridge and the approach roads for the purposes of the proviso to section 20 of the act we must take the figures given by the state government not only for the bridge itself but for the road from points 2 to 6 on the plan and from points 5 to 6 thereon.14. .....

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. ..... other sections enable levy of penalty for offences under the act and exhibition of table of tolls and statement of penalties. ..... 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. ..... this court has repeatedly stated that legislative enactment can be struck down by court only on two grounds, namely (i), that the appropriate legislature does not have competency to make the law and (ii), that it does not take away or abridge any of the fundamental rights enumerated in part iii of the constitution or any other constitutional provisions. 25. ..... they have been filed only after the unlawful acts in the city were highlighted in writ petition no.6646 of 2013 and a judicial order was passed therein on 26th august, 2013. .....

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

Court : Mumbai

Reported in : 2000(2)ALLMR511

..... in 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 trailers drawn ..... in 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 mumbai. ..... in section 20 of the bombay motor vehicles tax act, 1958, in sub-section (1-a),- (a) after the words, brackets and figure 'in sub-section (1)' the following shall be inserted, namely:-- 'and section 3 of the tolls on roads and bridges act, 1875 or any other law for the time being in force'; (b) the word 'new', wherever it occurs, shall be deleted; (c) in clause (a),-- (i) for the words 'road or by-pass which is' the words 'road or by-puss which is newly' shall be substituted; (ii) after the figures '1987', the words 'at the expense of the state government or at the .....

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 ..... central government, impose in any cantonment any tax which under any enactment for the time being in force, may be imposed in any municipality in the state wherein such cantonment is situated.the relevant portion of section 127 of the bombay provincial municipal corporations act, 1949 hereinafter referred to as the corporation act arereproduced:'127(1) for the purposes of this act, the corporation shall impose the following taxes, namely :--(a)............ ..... behalf of the petitioners, the principal contention argued by the learned counsel is, that it is only under section 60 of the cantonment act, 1924, that the board can impose in any cantonment any tax, which under any enactment for the time being in force, may be imposed in any municipality in the state wherein such cantonment ..... 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 .....

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) revenue ..... 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 railway'. ..... the register is now directed to list all the writ petitions before the division bench so that these are disposed of by taking not consideration the facts of each individual case.'15. ..... state of kerala (supra), and in state of maharashtra v. ..... central bank of india, bombay and ors. ..... in that case this court noted with approval, the following observation of lord russel of killowen in inland revenue commissioner v. .....

Vipul Shipyard Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1985)(19)ELT122TriDel

..... asstt.collector relied on the definition of "sea-going vessels" and "vessels for inland navigation" as contained in the brusesels tariff nomenclature and the term 'foreign going vessels' as defined in the customs act, 1962. ..... /70 decided on 30-6-79, by the collector of central excise (appeals).section 3(41) of the merchant shipping act, 1958 defined "sea-going in relation to a vessel" means "a vessel proceeding to sea beyond inland waters or beyond waters declared to be smooth or partially smooth waters ..... 1, 56,000/-on the ground that the said ocean going vessel was meant for inland navigation, known as a barge and it cannot be considered as ocean-going vessel for the purpose of exemption under notifica- tion 55/75, as ..... collector has disallowed the claim firstly that section 3(41) of the marine shipping act has defined "sea-going in relation to a vessel" and that these vessels did not conform to the definition. ..... appellants have proved that the licence issued under section 406(2)(c) was in respect of the capability of the vessel for under- taking the ocean or sea voyages. ..... collector of sales tax, maharashtra state.in that case the article involved was an agricultural ..... this connection, we may point out that the tests laid down by his lordship justice pendse in the bombay case have been satisfied by the appellant. ..... 17-3-83, all the four appeals were disposed of by relying on the judgment of the bombay high court in the misc. ..... views in this regard are re-inforced by the bombay trade notice no. .....

K.A. Kannappa Chetti Vs. State of Tamil Nadu and ors.

Court : Chennai

Reported in : (1973)2MLJ212

..... . the state government of orissa in exercise of the powers conferred by section 10 of the act decided to invite offers for advance purchase of kendu leaves only from persons who purchased these leaves from individual units during the previous year and who acted as purchasers without default and to the satisfaction of government, and the method of sale by open competition was given up ..... . in nicholas on ' eminent domain' volume ii, page 847, it is stated that if the use for which the land is taken by eminent domain is public, the taking is not invalid merely because an incidental benefit will enure to private individuals ..... . a similar question, came up for consideration in the state of maharashtra and ors. v ..... . 658, which runs as follows : -in 1947 the british transport commission was set up and charged with a general duty of providing, or securing or promoting the provision of, an efficient, adequate, economical and properly integrated system of public inland transport for passengers and goods ..... desai, additional collector of bombay and ors ..... . desai, additional collector of bombay and ors ..... . 685, the supreme court considered the validity of section 385 of the bombay municipal corporation act iii of 1888 ..... . state of bombay : [1961]1scr128 , it was stated that it is not essential that the entire community or even any considerable portion thereof should directly enjoy or participate in the improvement, provided, the object of acquisition advances a public ..... state of bombay : [1970]1scr317 .....

Centre Point Welfare Association Vs. Nita International

Court : Gujarat

Reported in : (2001)4GLR2777

..... in doing so the courts take into account not only the interest of the applicant and the respondent but also the interests of the public as a whole with a view to ensure that public bodies or officials do not act unlawfully and do perform their public duties properly particularly where the fundamental rights of a citizen under article 21 is ..... month after the completion of the erection of a building or the execution of any such work as is described in section 254, deliver or send or cause to be delivered or sent to the commissioner at his office, notice in writing of such completion, accompanied by a certificate in the form prescribed in the bye-laws signed and subscribed in the manner so prescribed, and shall give to the commissioner all necessary facilities for the inspection of such building or of such work and shall apply for permission to occupy the building.(2). ..... it to say that in view of the provisions contained in the bombay tenancy and agricultural lands act, a person other than farmer within the area stipulated cannot buy any land for any purpose other than the agriculture. ..... state of maharashtra, reported in (1991) 3 scc 341, the apex court has pointed out as ..... apex court in the case of central inland water transport corpn. ..... court is unable to assess the compensation the sum named by the parties, if it be regarded as a genuine pre-estimate may be taken into consideration as the measure of reasonable compensation, but not if the sum named is in the nature of a penalty.'88. .....

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

Court : Chennai

Reported in : 1997(3)CTC255

..... or where there is a legislative council in a state, except when both houses of the legislature are in session, the governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinance as the circumstances appear to him to require:provided that the governor shall not, without instructions from the president, promulgate any such ordinance ..... tax penalty is remitted on or before................if no payment made within the above prescribed time, the motor vehicle shall be disposed of in public auction and thereby the amount due government will be reallised.seal:place.......signature........date.........assessing authority....form xiiinotice for auction of the impounded vehicle under tamil nadu entry of motor vehicles into local areas act, 1990, (tamil nadu act 13 of 1990) :(section 15-a)to: ..... 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 ..... 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 ..... 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. ..... 1868 .....

Amreli District Co-operative Sale and Purchase Union Ltd. and ors. Vs. ...

Court : Gujarat

Reported in : (1984)2GLR1244

..... principal act by the impugned act of 1981, insofar as it inserted proviso to section 74 and added section 74-a to 74-c and chapter xi-a by sections 2, 3 and 4, respectively, of the said amending act, has misfired for all intents and purposes since the legislature has proceeded on an assumption that there are no definite co-operative principles constituting the basic structure of co-operation in the principal act and the said impugned provisions are void and ineffective because they have been inserted without amending the provisions of sections 4, 73 and other ..... executive magistrate having jurisdiction over the society for seizing and taking possession of the records and properties of the society and sub-section (2) which is also a new provision empowers the magistrate on receipt of such an application to authorise any police officer not below the rank of police sub-inspector to enter and search any place where the properties and records are kept or likely to be kept, and seize them and handover the possession thereof to the ..... the madras high court unanimously held that the restrictions imposed under section 15(2)(b) were not reasonable, inter alia, on the ground of (i) inadequacy of the publication of the notification; (ii) the omission to fix a time limit for the government for submitting its papers to the advisory board or for the latter to make its report without any safeguards for the penalties that might be imposed meanwhile; and (iii) the denial of the right to appear .....