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Bhupendrakumar Narsinhbhai Patel Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : (1994)1GLR237

..... re: contention (d).in the appeal of the state of maharashtra arising out of the bombay court-fees act, 1959, the high court has struck down the impugned provisions on the ground that the levy of court-fee on proceedings for grant of probate and letters of administration ad valorem without the upper limit prescribed ..... thus, the succession certificate which the petitioner is ordered to be issued is required to be issued subject to the court-fees under item 11 of the schedule and that fees is the same as per article 10 and the proper court-fees payable is ad valorem fees depending on the value of the subject-matter of the probate or succession certificate ..... 10 of schedule i of the bombay court-fees act, 1959 as applicable to gujarat suffers from the vice of violation of article 14 of the constitution to the extent it does not have an upper limit corresponding to that payable by the plaintiffs seeking decrees from the civil court and ..... the petitioner to the grant of probate or letters of administration shall be made upon an application for such grant until the petitioner has filed in the court a valuation of the property in the form forth in the third schedule, and the court is satisfied that the fee mentioned in no. ..... and 11 in the schedule are as follows:10. ..... 10 of the first schedule has been paid on such ..... item 10 of schedule-1, to the extent it does not have an upper limit corresponding to that payable by the plaintiffs seeking decrees from the civil courts, will have to be declared .....

Mrs. S. Bagavathy Vs. State of Tamil Nadu, Rep. by Its Secretary, Law ...

Court : Chennai

Reported in : 2007(2)CTC207

..... on the other hand, the full bench of the bombay high court struck down the maharashtra act and declared the same to be ultra vires holding that the maharashtra act directly conflicts with the provisions of the central legislation such as, companies act, 1956, reserve bank of india act, 1934 read with banking regulation act, 1949, of course, following delhi cloth and general mills co. ..... state of maharashtra : (2005)107bomlr983 - (the maharashtra act)b) the principles governing the test of legislative competency(a) articles 245 and 246 of the constitution of india(b) the concept of occupied field(c) liberal and harmonious construction(d) application of the doctrine of pith and substance, the doctrine of ancillary and incidental trenching and the doctrine of eclipse(e) the impugned tamil nadu act and the relevant entries in lists i, ii and iii of the vii schedule to the constitution of india(f) the impugned tamil ..... nadu act with reference to section 58a of companies act, 1956 and sections 45s and 58b(5a) and 58b(5b) of reserve bank of india act, 1934(g) the impugned tamil nadu act and sections 45s and 58b(5a) of reserve bank of india act, with reference to the decision in kanta mehta v. .....

Raj Kumar Khemka Vs. Union of India (Uoi), Ministry of Finance, Rep. b ...

Court : Chennai

Reported in : AIR2009Mad143

..... the state legislature is competent to enact legislation in respect of co-operative societies incidentally transacting business of banking in the light of entry 32, list ii of the seventh schedule of the constitution learned senior counsel appearing for the petitioners also placed reliance on paragraph 89 of the said judgment of the supreme court : air2007sc1584, which reads ..... union list rather it is covered under entry 32 of list ii of the seventh schedule appended to the constitution.learned senior counsel appearing for the petitioners further submitted that in the light of the above observations of the supreme court, the parliament cannot enact law relating to 'co-operative societies' and therefore, the provisions of the sarfaesi act cannot cover the 'co-operative banks' and cannot provide for a procedure for recovery of ..... , such judgment does not discuss the issue in its proper perspective and the judgment of the bombay high court is stated to have been challenged before the supreme court in special leave petition (civil ..... of this power, the central government by notification dated 28-1-2003, has specified 'cooperative bank' as defined in section 5(cci) of the br act as a 'bank' by lifting the definition of 'cooperative bank' and 'primary cooperative bank' respectively from section 56, clauses 5(cci) and ..... 'the co-operative bank'), which is registered under the provisions of the maharashtra co-operative societies act. ..... maharashtra co-operative societies act), the mscs act ..... maharashtra .....

State of Maharashtra and ors. Vs. Sangharaj Damodar Rupawate and ors.

Court : Supreme Court of India

..... laine, having isbn 019 5667719 containing 127 pages (hereinafter referred to as "the said book"); and whereas, the said author has in his said book, made several derogatory references specified in the schedule appended hereto regarding shri chhatrapati shivaji maharaj, in particular about his parentage and the bhosale family to which he belonged; and whereas, publication of the said book containing the said derogatory references is prejudicial to ..... and whereas, for the reasons aforesaid, the government of maharashtra is of the opinion that the circulation of the said book containing scurrilous and derogatory references against shri chhatrapati shivaji maharaj has resulted in causing enmity between various communities and has led to acts of violence and disharmony and that any further circulation of the said book is likely to result in breach of peace and public tranquillity and in particular between those who revere ..... granted.2.this appeal, by special leave, filed by the state of maharashtra and its functionaries, arises out of the judgment dated 26th april, 2007 delivered by the high court of judicature at bombay in writ petition no.1721 of 2004. ..... regards the concession of the counsel for the state before the high court, as recorded in the impugned judgment, it is pleaded in the written submissions that the concession so made 1 air 1971 bombay 56 was clearly under misconception of law and facts. ..... the said notification was challenged in the bombay high court by respondents no.1 to 3 .....

Shri. Mangesh Nivrutti Kashid and Others Vs. the District Collector, S ...

Court : Mumbai

..... now, therefore, in exercise of the powers conferred by sub-section (1) of section 6 of the maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000 (mah.xxiii of 2001), the government of maharashtra hereby constitute thirty-five district caste scrutiny committees as specified in the schedule appended hereto, for verification of caste certificates of the candidates who willing to contest for elective post ..... the assumption of the division bench of the bombay high court in subhash ganpatrao kabade's case, that mahadeo koli was recognised for the first time in 1976 under amendment act, 1976, as scheduled tribe is not relatable to reality and an erroneous assumption made without any attempt to investigate the truth in that behalf ..... (2) the state government may appoint one or more additional collectors and in each district including the city of bombay and so many assistant collectors and deputy collectors with such designations such as first, second, super, etc ..... 15 in schedule b of the bombay resolution mahadeo koli tribe was notified as a scheduled tribe. ..... (2) unless the state government directs otherwise, all revenue officers in a division shall be subordinate to the commissioner and all revenue officers in a district including the city of bombay shall be subordinate to the collector. ..... /2012 in the high court, bombay. .....

Naser Bin Abu Bakr Yafai Vs. The State Of Maharashtra

Court : Supreme Court of India

..... the central government (evident from the incorporation of a non-obstante provision in sub-section (5)) to suo motu direct the nia to investigate the offence if it is of the opinion that: (a) a 15 part c scheduled offence has been committed under the nia act; and (b) that it is required to be investigated by the nia (sub-section (5) of section 6); (vii) upon the issuance of a direction by the central government under sub- sections (4) or (5) of section ..... 22 slp 5 part a10on the other hand, on 4 september 2017, mohammad shahed khan (the appellant in the companion appeal) had written a letter to the chief justice of the bombay high court for his release and arguing that his detention was illegal since the ats nanded could not have filed the charge-sheet once the nia mumbai had taken over ..... government, the central government must determine within fifteen days, on the basis of the information made available by the state government or received from other sources, whether: (a) the offence is a scheduled offence; and (b) if it is fit case to be investigated by the nia, having regard to the gravity of the offence and other relevant factors (sub-section (3) of section 6); (v) if the central ..... maharashtra designating special courts under section 22 for trial of schedules offences under the nia act. ..... into writing and such writing is available, in the trial that may follow, for 26 (1955) 1 scr115023 part d use in the manner provided in this behalf in section 162. ..... 1955) 1 scr1150:1955 .....

State Of Maharashtra Vs. National Organic Chemical Industries Ltd.

Court : Supreme Court of India

..... section 3 of the stamp act provides that inter alia stamp duty is payable on instruments which are executed in the state of maharashtra and the duty payable is the amount indicated in schedule-i of the stamp act. ..... 600 crores and accordingly paid a stamp duty of rs.1,12,80,000/- as per article 10 of schedule-i of the bombay stamp act, 1958 (hereinafter stamp act ). ..... the state of maharashtra is in appeal before us challenging the order of the division bench of bombay high court dated 18.08.2009, which has allowed the writ petition of the respondent, while setting aside the order of the deputy superintendent of stamps, maharashtra (appellant no.2). ..... it is an instrument which transfers the properties and would fall within the definition of section 2(1) of the bombay stamp act which includes every document by which any right or liability is transferred the above judgment nowhere states that form no.5 is an instrument. ..... the amending notification is reproduced below in part: in exercise of the powers conferred by clause (a) of section 9 of the bombay stamp act, 1958 (born. ..... the bombay high court, after hearing the parties, concluded that form no.5 is not an instrument as defined by section 2 of the stamp act and that stamp duty can only be charged on articles of association, where the maximum duty (rs.25 lakhs), payable as per the amendment has already been paid by the respondent. .....

Shyamsundar Radheshyam Agrawal Vs. Pushpabai Nilkanth Patil

Court : Supreme Court of India

..... refer to explanation 1 to article 25 of schedule i of the maharashtra stamp act, which would read as under: explanation ..... the scope of explanation i to article 25 of schedule i of the bombay stamp act and held that the same was attracted to the ..... an obligation to hand over the possession even before execution of a conveyance and, therefore, it was a conveyance for the purpose of duty payable under the bombay stamp act and there was no obligation in the agreement to enter into a conveyance at a later stage and clearly it was a case which attracted the said explanation ..... the high court took the view that the agreement in question could be construed to be a conveyance falling under section 2(g) of the bombay stamp act inasmuch as the right, title and interest in the flat stands transferred in favour of the purchaser on payment of instalments as provided therein ..... article 25 of schedule i to the bombay stamp act reads as follows ..... urged before us that the conclusion reached by the high court either on the question of construction 9 of the agreement amounting to a conveyance or on the applicability of explanation i to article 25 of schedule i to the bombay stamp act is incorrect. ..... this appeal is filed assailing the final order dated 03.03.2021 passed by the high court of judicature at bombay (hereinafter shortly referred to as "the high court") in writ petition no.4695 of 2017, by which, the high court has dismissed the said writ petition, thereby affirming the order dated 26.10.2016 .....

V.C. Ramalingam and Son and anr. Vs. State of Tamil Nadu and ors.

Court : Sales Tax Tribunal STT Tamil Nadu

Reported in : (2000)118STC383Tribunal

..... dental or veterinary sciences, including scientigraphic apparatus, other electromedical apparatus and sight testing instruments including opthalmoscope, otoscope, laryngoscope, retinoscope, binocular loupe, parts and accessories thereof (other than those specified elsewhere in this schedule).an attempt was made to interpret the entry with particular reference to the placing of the word "excluding" as against the word "including".the attempt is only to avoid the exclusion part to the items ..... i am inclined to hold that impugned products is covered by the scope of entry 24 in part i of schedule c appended to the bombay sales tax act, 1959".to the same effect is the decision of the board of revenue, madhya pradesh and the said decision is based on the particular entry in the madhya pradesh act. ..... as follows : "we are manufacturing vicco vajradanti tooth paste and turmeric vanishing cream under ayurvedic drug licence a/237, issued by the food and drugs administration, maharashtra state, bombay. ..... after the introduction of chapter iv-a in the state of maharashtra the second petitioner applied and obtained a licence to manufacture the above products ..... to series of orders by the commissioner of sales tax, maharashtra state in respect of the very product. ..... the entry in the maharashtra state as on the relevant date is totally different.in fact in the order dated may 4, 1993, the significance of the amendment to the entries is brought out by the following words : "in view of the preponderance of .....

State of Tamil Nadu Vs. Popular Thread Factory

Court : Sales Tax Tribunal STT Tamil Nadu

Reported in : (2000)118STC59Tribunal

..... reached by us having regard to legislative entry and the supreme court decision as indicated supra are in consonance with the ratio of the judgment of the bombay high court reported in commissioner of sales tax, maharashtra state, bombay v.arvind trading company [1995] 98 stc 288, though not with that of the madras high court reported in state of tamil nadu v. r.v. ..... assessees notwithstanding the blending of staple fibre up to 16 2/3 per cent (with which quantity alone we are concerned in this case) will still be "cotton yarn" within the meaning of section 14(ii-b) of the central sales tax act, 1956 and, therefore, will be one of the items of goods declared by the parliament as goods of special importance for the purpose of article 286(3) of the constitution of india, and therefore, all restrictions and conditions in ..... [1976] 38 stc 11 approved and quoted in commissioner of sales tax, maharashtra state, bombay v.arvind trading company "the cotton sewing thread, although it comes out of the ..... court considered the case of purchase of "mercerized yarn" sold after process of dyeing under a brand name as "cotton sewing thread" in the context of "cotton sewing thread" specified as a separate item in entry 23 of schedule c of the bombay sales tax act, 1959. ..... position, it is relevant to consider the decision of the bombay high court in the case of commissioner of sales tax, maharashtra state, bombay v. ..... of the bombay high court in commissioner of sales tax, maharashtra state, bombay v. .....