Judgment Search Results Home > Cases Phrase: bombay highways act 1955 maharashtra schedule schedule Page 5 of about 25,292 results (0.299 seconds)

M/S Larsen and Toubro Limited and anr. Vs. State of Karnataka and anr.

Court : Supreme Court of India

..... the bombay high court was concerned with the group of matters wherein challenge was laid to the constitutional validity of section 2(24) of the maharashtra value added tax act, 2002 (for short, mvat act ) as amended initially by maharashtra act xxxii of 2006 and thereafter by maharashtra act xxv of 2007 and rule 58(1a) of the maharashtra value added tax ..... clause (b) of article 366(29-a) should be read as being equivalent to a separate entry in list ii of the seventh schedule to the constitution enabling the states to levy tax on sales and purchases independent of entry 54 thereof. ..... nariman that if it is accepted that the definition of works contract in kst act is wide which takes within its fold the contracts that are not commonly understood as works contract then this would be outside entry 54 list ii of the seventh schedule of the constitution for the reason that works contract as understood in gannon dunkerley-i3 has not in any manner been upset by the constitutional amendment and would ..... accordingly, the expression tax on the sale or purchase of goods in entry 54 of list ii of seventh schedule when read with the definition clause 29-a, includes a tax on the transfer of property in goods whether as goods or in the form other than ..... (ix) the expression tax on the sale or purchase of goods in entry 54 in list ii of seventh schedule when read with the definition clause 29-a of article 366 includes a tax on the transfer of property in goods whether as goods or in the form other .....

M/S. Kone Elevator India Pvt. Ltd. Vs. State of T.N. and ors.

Court : Supreme Court of India

..... he has brought on record a trade circular dated 11.11.2013 to show that from 1.4.2006, the decision in kone elevators (supra) has been followed in the state of maharashtra and it has adjusted the position in accordance with the said authority and the state having adjusted its position to the law rendered by the three-judge bench, in case the authority in kone elevators (supra) is ..... it had also taken note of the submission that the legislature has classified the commodity lift under entry 82 of the first schedule to the andhra pradesh general sales tax act, 1957 keeping in mind that the word installation was ancillary to the sale of lifts. ..... salve, learned senior counsel, has also referred to the bombay lifts act, 1939, the bombay lifts rules, 1958 and bombay lifts (amendment) rules, 2010. ..... by referring to the provisions contained in the bombay lifts act, 1939 in particular sections 3, 4, 5 and 7 and rules 3, 5, 6, 9 and 9a along with form a1, the learned senior counsel contended that the said provisions in the acts and the rules, also goes to show that the installation of a lift, having regard to the nature of the activity and the functions involved can only be held to be a works contract and not a sale . ..... involvement of the skill has been elaborately dealt with by the high court of bombay in otis elevator (supra) and the factual position is undisputable and irrespective of whether installation is regulated by statutory law or not, the result would be the same. .....

M/s. Hindustan Lever Ltd. Vs. Presiding Officer, Industrial Tribunal, ...

Court : Allahabad

..... of any industrial establishment before the date of the coming into force of the industrial employment (standing orders) (bombay amendment) act, 1957; (2) notwithstanding anything contained in the proviso to sub-section (1) model standing orders made in respect of additional matters included in the schedule after the coming into force of the act referred to in that proviso (being additional matters relating to probationers or badlis or temporary or casual workmen) shall unless such model standing orders are in ..... " it was in the context of the provisions of section 2-a as applicable to the state of maharashtra that the bombay high court in its full bench decision preferred the view of this court in artificial limbs to that of the karnataka high court in m ..... of the full bench of the bombay high court must be understood in the context of the provisions of section 2-a as applicable to the state of maharashtra which came up for consideration in relation to the state of of maharashtra. ..... it is necessary to distinguish this position as it obtains in maharashtra, which was the subject matter of the judgment of the full bench, from the position in uttar pradesh where there is no analogous state amendment similar to section 2-a ..... in bharat petroleum corporation limited vs maharashtra general kamgar union11, a bench of two learned judges of the supreme court observed that prior to 1956, the jurisdiction of the certifying officer and the appellate authority was limited and their only function .....

The State of Maharashtra Through The Chief Secretary Government of Mah ...

Court : Mumbai

..... maharashtra scheduled list of sc and st, obc, sbc, dt and nt 17 the lists of scheduled castes and scheduled tribes, other backward classes, special backward category, denotified tribes and nomadic tribes in maharashtra, published ..... for the reasons separately set out, we concur in the conclusion that the impugned act being maharashtra state public services (reservations for scheduled castes, scheduled tribes, denotified tribes (vimukta jatis), nomadic tribes, special backward category and other backward classes) act, 2001, is ultravires the constitution and the law laid down by hon'ble supreme ..... classes" means any socially and educationally backward classes of citizens as declared by the government and includes other backward classes declared by the government of india in relation to the state of maharashtra; (h) "prescribed" means prescribed by rules framed by the government under this act; (i) "public services and posts" means the services and posts in connection with the affairs of the state and includes services and posts in (i) a local authority; (ii) a ..... the learned tribunal, even not noted the earlier existing bombay primary education rules, 1924, whereby the classification of communities as ..... these committees/reports including kaka kalekar commission of the year 1955, b.d.deshmukh report (1961) have recommended sub-classification of ..... we shall consider the factual matrix and the rival contentions urged and the purport of rule 12 of tamil nadu highways engineering service rules. .....

Director General (Road Development) National Highways Authority of Ind ...

Court : Supreme Court of India

..... it is pointed out that under section 4 of the national highways act, 1956 (hereafter highways act ) highways include lands appurtenant thereto, all bridges, culverts, tunnels, causeways and other structures constructed on or over the highway and all fences, trees, posts, etc. ..... (1) the tribunal may, by an order, provide, (a) relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in the 22 schedule i (including accident occurring while handling any hazardous substance); (b) for restitution of property damaged; (c) for restitution of the environment for such area or areas, as the tribunal may think fit. ..... as stated supra the typical nature of the tribunal, its breadth of powers as provided under the statutory provisions of the act as well as the scheduled enactments, cumulatively, leaves no manner of doubt that the only tenable interpretation to these provisions would be to read the provisions broadly in favour of cloaking the tribunal with effective authority. ..... these appellants argue that the bombay high court also fell into error and did not appreciate that the entire basis of the directions/resolution of 14.11.2017 by the state of maharashtra were the directions issued by the ngt. .....

Madhavi Vs. Chagan

Court : Supreme Court of India

..... greater bombay, means an educational inspector, (ii) in relation to a private primary school in the areas of any municipal corporation or municipal council, means the education officer or the administrative officer of a municipal corporation or a municipal school board, as the case may be, and (iii) in relation to any private school in areas elsewhere in the state of maharashtra, means an education officer, in a zilla parishad; xx xx xx 2(j) trained graduate means a person possessing the qualifications mentioned in sub-clauses (i) to (vi) of clause (1) of item ii in schedule b ..... of the relevant provisions of the maharashtra employees of private schools (conditions of service) regulation act, 19777 and the rules are extracted hereunder: act29) head of a school or head means the person, by whatever name called in charge of the academic and 6 (2019) 4 scc3007 for short, the act 5 administrative duties and functions of a school conducted by any management and recognised or deemed to be recognised under this act, and includes a principal, vice ..... in respect of temporary vacancy, full bench of the high court held that in terms of section 5 of the act, the management is bound to fill the vacancy, be it permanent or temporary, by appointing a person duly qualified ..... act, so also, rule 6 and scheduled ..... obvious drafting error and if the said word is not supplemented, the rule cannot be harmonized in tune with the scheme of the act and the other rules which are referred to hereinabove.19. .....

M/s N.n. Global Mercantile Private Limited Vs. M/s Indo Unique Flame L ...

Court : Supreme Court of India

..... 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 84 2022 scc online sc83page 72 of 78 authority under the maharashtra stamp act, who will then decide issues qua payment of stamp duty and penalty (if any) as expeditiously as possible, and preferably within a period of 45 days from the date on which ..... . gourab banerjee, learned senior counsel assisting this court as amicus curiae however proposed to reframe the question of reference, as under: whether the statutory bar contained in section 35 of the stamp act, 1899 applicable to instruments chargeable to stamp duty under section 3 read with schedule to the act, would also render the arbitration agreement contained in such an instrument, which is not chargeable to payment of stamp duty as being non-existent, unenforceable in law, or ..... : 20. we have carefully perused the provisions of the maharashtra stamp act, 1958 and schedule i appended thereto, which enlists the instruments specified in section ..... arbitration clause. given the inconclusive nature of the finding by cfsl together with the signing of the agreement in haryana by parties whose registered offices are at bombay and bihar qua works to be executed in bihar; given the fact that the notary who signed the agreement was not authorised to do so and various other conundrums that arise on the facts ..... of stamp duty and then appointment of arbitrator, it is 14(1955) 2 scr60315(2020)10 scc116(2022) 1 .....

The State Of Telangana Vs. M/s Tirumala Constructions

Court : Supreme Court of India

..... appeals arising from the judgment of the bombay high court, the parties were aggrieved by the fact that the maharashtra vat amendment act, which was initially made on 15.04.2017, was read down by a division bench judgment, of the bombay high court. ..... it is alternatively argued that assuming arguendo, section 19 has been legislated by the parliament in exercise of power under entry 97 of list i of the seventh schedule (being a residuary entry for matters not enumerated in list ii or list iii including any tax not mentioned in list ii or iii), even then in such cases, such power can only be exercised by the parliament ..... the delineation of union and state taxation powers through the union and state lists of the seventh schedule was precise and clear, leaving little room for any overlap in the kind of taxes that the union could impose and those that ..... from a concurrent power of legislation u/a 246(2) which requires one to travel to list iii, schedule vil to find the subject matters with respect to which the power may be exercised. ..... two articles, there is no power available with the state to legislate on a subject which has been deleted or truncated from list ii of the seventh schedule, then section 19 of the amendment cannot be pressed into services to override such a constitutional restriction. ..... the amendment, the fields of taxation in entries 84 of the union list (list i) of the seventh schedule to the constitution of india and entries 54 and 62 of the state list, too were amended. .....

Pepsico India Holding P.Ltd. Vs. Grocery Market and Shops Board and Or ...

Court : Supreme Court of India

..... the state government may, after consultation with the advisory committee, by notification in the official gazette and subject to the condition of previous publication, make one or more schemes for any scheduled employment or group of scheduled employments, in one or more areas specified in the notification; and in like manner add to, amend, vary or substitute another scheme for, any scheme made by it: provided that, ..... , cakes, husk, chuni, chhala, or such other work including work preparatory or incidental to such operation carried on by workers not covered by any other entries in the schedule for efficient performance of work and generally for making better provisions for the terms and conditions of employment of such workers and make provision for their general welfare. ..... on; (7) "principal employer" means an employer who engages unprotected workers by or through a contractor in any scheduled employment; (9) "scheduled employment" means any employment specified in the schedule hereto or any process or branch of work forming part of such employment; (10) "scheme" means a scheme made under this act; (11) "unprotected worker" means a manual worker who is engaged or to be engaged in any scheduled employment; (12) "worker" means a person who is engaged or to be engaged directly or through any ..... 24 of the bombay general clauses act, 1904, shall apply to the exercise of the power given by sub-section (1) as they apply to the exercise of a power given by a maharashtra act to make rules .....

Reliance Energy Ltd. (Formerly Vs. the D.C.i.T., Special Range 30

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)103ITD223(Mum.)

..... the present case, the assessee was already engaged in the business of distribution of electricity and on the direction issued by the government of maharashtra, the assessee was required to set up power generation project, which was a condition even for carrying on the existing business of the ..... be appropriate here to reproduce below the head note of the supreme court decision in the case of apcl (supra): clause ii of the sixth schedule to the electricity (supply) act, 1948, requires the electricity company to create certain reserves if its clear profit exceeds a reasonable return. ..... the civil appeals and special leave petition are dismissed.firstly, it may be mentioned that the facts which arose before the bombay high court in the case of socl as also the facts in the case of nhsmpl (supra) before the madras high court are materially different from the facts of the ..... tribunal that the expenditure was an allowable expenditure the claim of the assessee that setting up of the power generation project at dahanu was an integral part of the existing business of distribution of electricity is also substantiated by the bombay high court in the cases of kothari auto parts manufacturers pvt.ltd. ..... the arguments raised by the ld.counsel for the assessee and submitted that the bombay high court decision in the case of somaiya orgeno chemicals ltd. ..... , contended that in respect of the ay 90-91, the assessee mainly relied on the bombay high court decision in the case of somaiya orgeno chemicals ltd. .....