Court : Supreme Court of India
Reported in : AIR2003SC2889; JT2003(6)SC20; RLW2003(4)SC563; 2003(5)SCALE361; (2003)6SCC545; 2004(1)SLJ401(SC); 2003(2)LC1325(SC)
..... ex facie the said rule is not applicable inasmuch as it has never been the contention of the respondents that the impugned order had been passed in public interest or other pre-requisite therefore, namely, giving of three months' notice in writing to the government servant before the date on which he is required to retire in public interest or three months' pay and allowances in lieu thereof, had been complied with ..... the high court by reason of its impugned judgment upheld the validity of the said order, inter alia, holding that the high court has the requisite jurisdiction to evaluate the performance of the appellants and come to the conclusion that the services of the appellants should not be extended from 58 to 60 years.31 ..... : [2003]1scr532 in the following terms:'rule 10(3)(c) of the maharashtra civil services (pension) rules, 1982 is applicable only to direct appointees from the bar ..... at this juncture, it is profitable to take note of the provision of section 24 of the rajasthan general clauses act, 1955 which is in pari materia with section 22 of the general clause act, 1897.36. ..... compliance of pre-requisite of such a rule, it is well-settled, is mandatory and not ..... the said principles cannot be applied in the instant case as the said provisions operate into two different fields requiring compliance of different pre-requisite. ..... the law in this behalf has recently been laid down in high court of judicature at bombay through registrar and anr. v. ..... high court of judicature at bombay v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1150; (1973)2SCC337; [1973]1SCR973
..... by pleader and shall, after hearing; all such objections and after making such further enquiry, if any, as he thinks necessary either make a report in respect, of the land which has been notified under section 4, sub-section (1) or make different reports in respect of different parcels of such land to the appropriate government, containing his recommendations on the objections, together with the record of the proceedings held by him, for the decision of that government. ..... for planned development of the area.note :-a plan of the land may be inspected in the office of collector, meerut.in the writ petition a specific plea was taken in paras 35 (b) and 36 'that no proper, reasonable or effective opportunity was available to the appellants to file any objections under section 5a of the acquisition act inasmuch as the notification gave no indication that different pieces of land would be acquired for different authorities in different circumstances and for ..... of maharashtra : [1966]3scr885 in which in the notification under section 4 it was stated that the land was needed 'for a public purpose, viz, for development and utilisation of the said lands as ..... not claim that they were unable to file objections owing to the lack of any indication in the notification under section 4 of the nature of development for which the area was being requisitioned. ..... the state of bombay and ors : [1961]1scr128 it was stated in the notification under section 4(1) that the land was likely to be needed for .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC877; 1998(2)ALLMR(SC)57; JT1997(10)SC174; 1997(7)SCALE640; (1998)2SCC171; [1997]Supp6SCR543
..... initially in the plaint, the constitutional validity of section 69(2a) of the indian partnership act (hereinafter called the 'act'), as amended by maharashtra act, was not raised. ..... been a partner in the firm, unless the firm is registered and the person suing is or has been shown in the register of firms as a partner in the firm :provided that the requirement of registration of firm under this sub-section shall not apply to the suits or proceedings instituted by the heirs or legal representatives of the deceased partner of a firm for accounts of a dissolved firm or to realise the property of a dissolved firm.] (3)... ..... (supra), the bombay high court observed as follows :'dealing in particular with section 63(1), that sub-section among other things provides that when a registered firm is dissolved any person who was a partner immediately before the dissolution, or the agent of any such partner or person specially authorized in this behalf, may give ..... in our opinion, the view taken by the bombay high court and followed by the other high courts is the right view.36. ..... the above view of the bombay high court was followed and applied by the calcutta high court in jogendra chunder goopta (supra), punjab high court in mis. ..... ix of 1932).given under my hand thisday of...19...registrar/assistant registrar of firms bombay, pune, nagpur, aurangabad.----16. ..... 5016/94 on 15.12.94 in the high court of judicature at bombay on the original side. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(4)BomCR774; JT2008(9)SC551; 2008(11)SCALE391; (2008)9SCC720; 2008(2)LC1155(SC); 2008(6)Supreme89
..... the said 4 5 bombay housing board act, 1948 stood replaced by maharashtra housing and area development act, 1976 ('mhada act') which was enacted to consolidate, unify, and amend laws relating to housing, repairing and reconstructing dangerous buildings. ..... according to the trial court since oic is a government company under section 617 of the 1956 act and since goi has overall control over its functioning, it is entitled to protection from eviction by the landlords under section 3(1)(a) which gives protection to premises let to the government or local authority or to premises taken on behalf of the government. ..... (3) the expression 'premises belonging to the government or a local authority' in sub-section (1) shall, notwithstanding anything contained in the said sub-section or in any judgment, decree or order of a court, not include a building erected on any land held by any person from the government or a local authority under an agreement, lease, licence or other grant, although having regard to the provisions of such agreement, lease, licence or grant the building so erected may belong or continue to ..... the second limb of section 4(1) inter alia provided that the act did not apply against the government companies to any tenancy created by a grant from the government in respect of premises taken on lease by the government or in respect of premises requisitioned by the government. .....
Tag this Judgment!Court : Delhi
Reported in : 1998IVAD(Delhi)504; 74(1998)DLT507; 1998(46)DRJ377
..... in exercise of the powers conferred by sub section (4) of section 129c of the customs act, 1962 read with sub section (1) of section 129-d of the central excise and salt act,1944 and section 81b of the gold (control) act 1968 the customs & gold (control) appellate tribunal has framed rules entitled customs excise and gold ( control) tribunal ..... led to issuance of notice under section 108 of the customs act from the office of the intelligence officer, dri, bombay to the petitioner and resulted into a penalty being imposed on the petitioner by the collector customs bombay in exercise of the powers conferred by section 112(a) of the customs act. ..... jain & ors {1991} 45 dlt 42 dealing with the doctrine of merger in support of his submission that the order of the collector of customs bombay had merged into the appellate order of the tribunal which was having its seat at new delhi and hence the high court of delhi was competent to ..... at hand if the cegat would have stated the case then the reference would have been made to the high court of bombay and in the event of the application for statement of case having been refused it is the high court of bombay which the petitioner should have approached for issuing a requisition to the tribunal to state the case.14. ..... the jurisdiction of different officers under the customs act determined by reference to the nature of powers and functions conferred upon them and not necessarily by the location ..... section 4 the power of appointment may be delegated .....
Tag this Judgment!Court : Kerala
Reported in : 2009(3)KLJ228
..... entered into and that agreement itself contemplates the delivery of possession of the property within the stipulated time, then such an agreement should be deemed to be a conveyance for the purpose of duty leviable under the bombay stamp act.in the case on hand also, there is a specific stipulation in ext.p2 that the third petitioner will complete the construction of the flat by 31.12.2008 and handover possession within 90 days thereafter.10. ..... state of maharashtra : (2004) 9 scc 431, the validity of the definition of 'conveyance', which included orders made by the high court under section 359 of the companies act in respect of amalgamation, ..... as per the newly amended article 21 of the schedule to the act, when an undivided share in a land is conveyed and the same refers to any agreement relating to construction of any building, flat, ..... a person, who entered into two agreement with the third petitioner, one for the purchase of an undivided share of land owned by the said petitioner and the other for construction of a residential flat. ..... developers mentioned in article 5(c) of the schedule to the act are those persons who purchase land or enter into agreement with the land owner, construct flats in the land and sell them to third parties along with the undivided share in the land. ..... provided that ff the conveyance relates to any transfer of undivided share of any land and refers to any agreement relating to the construction of any building or part of building, including flat or .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj145; (1971)0GLR338
..... hold that there is any evidence that the government of bombay issued the notification under section 4 of the land acquisition act, not for the bona fide purpose of acquisition, but with the object of pegging down prices so that the lands may when needed be obtained at those rates in future. ..... mehta, appearing for the petitioners, has invited our attention to certain sections of the land acquisition act in order to show that the petitioners, in the facts and circumstances of the present case, are the persons interested and he has also invited ..... of the land in 1960, that is to say, 20 years after the notification under section 4 of the land acquisition act was issued and 18 years after the notification under section 6 of the said act was issued ..... notifications issued under section 4 and under section 6 of the land acquisition act are the same. ..... mode and manner of the exercise of power and the contention that he has raised is that the land acquisition proceedings have taken as long as 25 years and that therefore, the exercise of power under the land acquisition act in this case is vitiated by gross delay on the part of the government. ..... in that case the constitutional validity of the requisitioning and acquisition of immovable property act, 1952 was challenged and it was in that connection that the learned judges were examining the question of delay on the enforcement of the ..... our attention to the decision of the supreme court in the case of maharashtra state road transport corporation v. .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)201CTR(Guj)243; [2006]283ITR116(Guj)
..... as decisions of the high courts of madras, calcutta and madhya pradesh and observed as follows:in each of these decisions which we have so far discussed, the principal point was in connection with section 10(2)(ii) or section 10(2)(xv) of the act of 1922, now replaced by section 37, or similar provision of the income tax act, 1961, and the ratio decidendi which flows from this line of authorities is only to the effect that if an assessee has a the business which is single and indivisible, and part of ..... the apex court in the case of indian bank and maharashtra sugar lays down in the context of section 10(2) and 10(xv) of the act of 22 which is pari materia to section 37 of the act of 1961, that what is required to be ascertained is as to whether the expenditure is laid out wholly and exclusively for the purpose ..... , the profits and gains of business from non-taxable activities may be arrived at figure y without taking into consideration the proportionate item of expenditure and though the total assessable income computed in the light of section 110 is nothing else but a combination of these two items, namely, profits and gains of business from taxable and profits and gains from non-taxable activities, the two figures arrived at in the light ..... submitted that the assessee was entitled to deduction only if the requisite conditions prescribed by the provisions are fulfilled. ..... : [1965]56itr77(sc) , which was followed by apex court in the case of commissioner of income-tax, bombay city i v. .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)2GLR1248
..... ultimately came to the conclusion that respondent-workman had completed 240 days' continuous service and undisputedly the petitioner-bank had not followed the provisions of section 25f of the industrial disputes act, 1947, and therefore, the termination order has been set aside with a direction to the petitioner-bank to reinstate the workman concerned in ..... found in section 2(9)(i) read with the inclusive part thereof, is read in juxtaposition with section 38, it becomes at once clear that as the transport corporation of the india's establishment, namely the road motor transport establishment is covered by the employees' state insurance act, all its employees, whether working in the head office or at its branch offices in any part of the country, including the state of maharashtra would get ..... labour court, kozhikode & ors, reported in 1994 (2) llj 373, the kerala high court has considered the very same provision while considering the reported decision of the bombay high court in the matter of dilip hanumantrai (supra) and has observed that, 'the nature of employment must be judged by the nature of duties performed and not on ..... court has not committed any jurisdiction error or procedural error apparent on the face of the record and labour court and industrial court has functioned within the limits of its authority and the findings given by both the courts is based upon the evidence and it is not perverse. ..... act has been approved by the constitution bench in the case of punjab land .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001CriLJ2159
..... seeing which too was not of a conclusive character to establish that the murder was committed by the accused, and further that though the prosecution recovered the umbrella on the basis of information under section 27 of the evidence act from the possession of the accused but it failed to prove that the seal remained intact from the date it was sealed till the date and time it was brought for identification, therefore, the ..... it was a case of a quasi criminal offence under section 35 of the bombay public trusts act and where the accused in his statement pleaded that he was not guilty and the apex court held that if his statement was taken as a whole, it did not show that he was guilty of any ..... sardara (air 1958 punjab 333) (supra) the division bench of the punjab and haryana high court was dealing with second appeal under section 100 cpc against finding of fact as to occupation of tenancy land and on the question of presumption it observed as under (at pp 334-35 of air) :-a presumption is a rule of law that attaches definite probative value to specific facts or directs that a particular inference as to the existence of one fact not actually known ..... state of maharashtra (1968 cri lj 103 (sc) (supra) the appellant challenged legality of his conviction for offence of section 165a ipc and it was a case of trap laid during which conversation was recorded by tape recorder which was kept in inner room and its mike was kept concealed in outer room and ..... that she had left the ramleela function. .....
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