Court : Mumbai
Reported in : 2002(4)BomCR111; (2002)3BOMLR539; 2002(2)MhLj857
..... petitioners submitted that the amendment brought out to the bombay motor vehicles tax act, 1958 by the maharashtra tax laws (levy, amendment and repeal) act, 1989 has crippling effect and may destroy its ..... we have already pointed out that the respondents have stated that under section 11 of the bombay motor vehicles tax act, 1958, it is inter alia provided that the tax is first credited to the consolidated fund and 65% of the proceeds of tax after deducting the expenses for collection ..... the petitioners by this petition filed under article 226 of the constitution of india are challenging the provisions of the maharashtra tax laws (levy, amendment and repeal) laws 1989 (for short, the laws of 1989) and the notification ..... credited is to be expended in the prescribed manner solely on the construction, improvement and maintenance of new and existing roads and bridges, including the roads vesting ..... by filing further affidavit dated 25th february 2002, it is in detail pointed out how under section 11 of the bombay motor vehicles tax act, 1958, it has been provided that the tax collected should first be credited to the consolidated fund and 65% of the proceeds of the tax after deducting expenses of collection thereto shall ..... of fiscal adjustments of diverse elements, a considerably wide discretion and latitude in the matter of classification for taxation purpose is permissible.regulatory and compensatory tax can be levied to the extent the state is required to pay for rendering the services. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... - the state shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the state shall endeavour to bring about prohibition of the consumption, except for medical purposes of intoxicating drinks and of drugs which are injurious ..... before adverting to the contents of the said affidavits, at this juncture, it would be appropriate to refer to some of the provisions of the constitution and also the bombay provincial municipal corporations act,1949 and also the judgments of the supreme court and this court, which cast a duty upon the respondents and in particular, respondent no.2 to supply potable water to the ..... " apart from above, the provisions of section 189 of the bombay provincial municipal corporations act, 1949, cast duty upon the state and in particular, in the present case, respondent no.2, to supply potable water to the ..... in paragraph 14 of the affidavit, which is reproduced herein above, the respondent no.2 has, to some extent, reiterated the contentions in para 4 and stated that the pipeline has become old, it requires frequent maintenance time to time, which ultimately affects the uninterrupted supply ..... the decision of the joint session, the draft bill was considered subsequently in detail by a committee of ministers of local self-government from the states of bihar, madras, maharashtra, rajasthan, haryana and west bengal. 3. ..... state of maharashtra and others .....
Tag this Judgment!Court : Mumbai Aurangabad
..... - the state shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the state shall endeavour to bring about prohibition of the consumption, except for medical purposes of intoxicating drinks and of drugs which are injurious ..... before adverting to the contents of the said affidavits, at this juncture, it would be appropriate to refer to some of the provisions of the constitution and also the bombay provincial municipal corporations act,1949 and also the judgments of the supreme court and this court, which cast a duty upon the respondents and in particular, respondent no.2 to supply potable water to the ..... " apart from above, the provisions of section 189 of the bombay provincial municipal corporations act, 1949, cast duty upon the state and in particular, in the present case, respondent no.2, to supply potable water to the ..... in paragraph 14 of the affidavit, which is reproduced herein above, the respondent no.2 has, to some extent, reiterated the contentions in para 4 and stated that the pipeline has become old, it requires frequent maintenance time to time, which ultimately affects the uninterrupted supply ..... the decision of the joint session, the draft bill was considered subsequently in detail by a committee of ministers of local self-government from the states of bihar, madras, maharashtra, rajasthan, haryana and west bengal. 3. ..... state of maharashtra and others .....
Tag this Judgment!Court : Mumbai
Reported in : (1972)74BOMLR320; 1972MhLJ618
..... the petitioner dated july 21, 1971 referred to above (challenged by amending the petition, as the order was passed subsequent to the admission of the petition) were both in contravention of rule 161(c-1) of the bombay civil services rules, because(a) the proper interpretation of the said rule would show that the petitioner could be compulsorily retired under the said rule, only after he bad attained the age of 55 years and ..... the petitioner challenges the order dated june 9, 1971 and the order dated july 21, 1971 purporting to have been passed by the inspector general of police, maharashtra state, under the said amendment rules of 1971 compulsorily retiring the petitioner 'from the date of expiry of three months' period from the date of receipt of the notice' ..... the aforesaid confidential memo dated october 15, 1970; but the order was later withdrawn, as stated in the petition, because the prior approval of the government of india was not obtained under section 81(6) of the bombay reorganisation act, 1960, though the prior approval of the government of india was obtained under section 115(7) of the states reorganisation act, 1956. ..... that shows the nature and the extent of the departure from the ordinary rule which is authorised by section 123.he also relied on a decision of the queen's bench ..... you need goading and so your work is not up to the mark.the memorandum stated that the petitioner would not be promoted to the rank of police inspector, unless he showed definite improvement. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2002Bom65; 2002(2)BomCR300; 2002(2)MhLj305
..... the supreme court after referring to various authorities declared the said provision to be invalid; holding :'after giving our anxious consideration to the learned arguments addressed before us, we are of the view that clause (b) of section 32 of the act should be declared as violative of article 14 of the constitution because the continuance of that provision on the statute book will imply the creation of a privileged class of landlords no longer exists by lapse of time in the case of the majority of ..... section 3(1)(b) of the maharashtra rent control act, 1999, which is hereinafter referred to for the sake of brevity as the act, lays down :'section 3(1) -- this act shall not apply -- ..... emphasis of housing policy therefore has to be on increasing shelter supply, improving and upgrading slums and conserving the existing housing stock. ..... the supreme court held that the existing provisions of the bombay rent act relating to the determination and fixation of the standard rent can no longer be considered to be reasonable and therefore the said provisions are liable to be struck down as having become totally unreasonable and ..... forty million people (about 25 per cent of india's total urban population) live in slums and under conditions of multiple deprivation illegal land tenure, deficient environment and kutcha ..... 26-8-1957 for denying the protection of the act without regard to the age of the building or to the extent of realisation of the investment by the owner was an unreasonable .....
Tag this Judgment!Court : Supreme Court of India
..... -in this in section 2 of the - in section 2 of the in section 2 of the act, unless the prevention of cruelty prevention of cruelty prevention of cruelty context otherwise to animals act, 1960 to animals act, 1960 to animals act, requires, (a) (central act 59 of (central act 59 of 1960, in its animal means any 1960) (hereinafter 1960) (hereinafter application to the living creature other referred to as the referred to as the state of than a human being; principal act after principal act),- (i) maharashtra [(b) board means clause (d), the after clause (a), the (hereinafter referred the board following clause following shall ..... it is also his argument that the amendment act of maharashtra is also relatable to entry 15 of list ii of the seventh schedule of the constitution of india which stipulates:- preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice . 45. ..... a farmer from that state, vikramsinh nivrutti bhosale from the district of sanghli, has instituted special leave petition (civil) 6 3528 of 2018 assailing that order passed by the bombay high court and in this reference, we shall deal with certain points raised in the said special leave petition as well.8. ..... a public interest litigation ( pil ) was brought before the high court of judicature at bombay, registered as pil (stamp) number 23132 of 2017 (ajay marathe vs. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2006)102ITD1(Mum.)
..... it was necessary for the tribunal to consider the issue vis-a-vis provisions of section 10(20a) of the income-tax act, 1961, in the light of the provisions of vidc act, maharashtra irrigation act, 1976 and bombay canal rules, 1934, and only thereafter it would have been possible to conclude the ..... water users' association and other organizations formed under the maharashtra co-operative societies act, 1961 for the better use of facilities made available by the corporation; (f) to lease rights for water sports, other recreational activities related to the use of reservoir and ..... been constituted for the purpose of dealing with and satisfying the need of housing accommodation, like the housing board or for the purpose of planning, development and improvement of cities, towns and villages or for both.this obviously refers to the preamble regarding the purpose for which the enactment has been made and also the relevant definition ..... its control and to take all measures deemed necessary to prevent discharges into such water of effluents which are harmful to water supply, irrigation, public health or fish life; (d) to stock its reservoirs or water courses with fish and to sell fish or fishing rights and prohibit taking out fish from the water under its control; (e) to assist in the establishment of ..... extent of properties/funds that vested in the government, but to the actual .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)
..... (1-b) notwithstanding anything contained in sub-section (1), if the slum rehabilitation authority, appointed under section 3a of the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971 is satisfied that a modification of any part of, or any proposal made in, a final development plan is required to be made for implementation of the slum rehabilitation scheme declared under the said act, then, it may publish a ..... not clear about the true and correct interpretation of amended dcr 58, hence clarification was issued in march, 2003.ii) even mhada and bombay municipal corporation through its mayor had protested against the amended dcr 58 in the year 2003.iii) the state government itself ..... textile mill which is either sick and/or closed or requiring modernisation on the same land, the commissioner may allow,:(a) reconstruction after demolition of existing structures limited to the extent of the built up area of the demolished structures, including by aggregating in one or more structures the built up areas of the demolished structures;(b) multi-mills aggregation of ..... in future - the answer shall have to be in the negative : the present day society has a responsibility towards the posterity to breathe normally and live in a cleaner environment and have a consequent fuller development : time has now come therefore, to check and control the degradation of the environment and since ..... do this, it is necessary to be take stock of the position at the time of its enactment .....
Tag this Judgment!Court : Mumbai
Reported in : (2006)200CTR(Bom)555; [2005]278ITR521(Bom)
..... in the instant case, it was necessary for the appellate tribunal to consider the issue vis-a-vis the provisions of section 10(20a) of the income-tax act in the light of the provisions of the vidc act, maharashtra irrigation act, 1976, and the bombay canal rules, 1934, and it is only thereafter, it would have been possible to conclude the issue one way ..... pollution of any water under its control and to take all measures deemed necessary to prevent discharges into such water of effluents, which are harmful to water supply, irrigation, public health or fish life ;(d) to stock its reservoirs or water courses with fish and to sell fish or fishing rights and prohibit taking out fish from the water under its control ;(e) to assist in the establishment of water users association and other ..... though the appellant had raised specific grounds and also submitted in its written note of the arguments that in view of the provisions of the vidc act, the purpose and object of the appellant-corporation is planning, development or improvement of cities, towns and villages and, therefore, it falls within the ambit of section 10(20a) of the income-tax act and is entitled for the benefit provided therein from payment of tax on the income of the corporation. 41. ..... restricts itself to the above referred grounds and gives up all other grounds raised before this court and, therefore, the scope of adjudication in the present appeal is restricted only to the extent of the above referred three grounds.40. .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(1)BomCR152
..... to housing, repairing and improvement work in relation to slum areas in different parts of the state were : (a) the bombay housing board act, 1948, (b) madhya pradesh housing board act, 1950, (c) the bombay building repairs and reconstruction board act, 1969, and (d) the maharashtra slum improvements act, 1973 and all these acts were repealed on enactment of the maharashtra housing and area development act, 1976. ..... there is no occasion to read down the provision and secondly even if it is necessary to read down clause (e), it is only for the purpose of achieving the object of the legislature, and therefore perfectly permissible.shri setalwad submitted that sub-section (1) of section 103-b is extremely vague and uncertain because right is conferred upon not less than 70% of the occupiers in the cessed building to move the board and it is not clear as to whether 70% is to be determined by reference to the ..... that this step would bring about equitable distribution of ownership and control of tenements in such buildings to subserve the common goods.the preamble to the amending act sets out that in the urban areas and particularly in greater bombay area the old buildings which have outlived their lives and rendered themselves in a bad state of repairs present a dangerous possibility of collapse and, therefore, necessity was increasingly felt to take up the programme ..... the land acquisition officer has also determine what is the extent of the land which can be described appurtenant to .....
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