Court : Mumbai
Reported in : 2009(111)BomLR16
..... lands in issue have lapsed?f) whether the acquisition proceedings are unsustainable on the ground that the same are initiated without complying with the provisions of section 128 of the mahrashtra regional and town planning act 1960 act?g) whether the land acquisition officer (15) pune was not legally competent to conduct the land acquisition proceedings in issue in the present cases?h) whether those writ petitions that are filed ..... committee of such corporation or is it mandatory that the general body of such corporation should resolve accordingly, in view of the provisions of the bombay provincial municipal corporation act, 1949 (hereinafter referred to as the 'bpmc act' for the sake of brevity)?b) what is the true and correct scope of provisions of section 7 of the land acquisition act 1894 (hereafter referred to as 'the said act' for the sake of brevity)?c) whether the award is declared in breach of provisions of section 5-a of the said ..... in this development plan prepared under the maharashtra regional town planning act, 1966 (hereinafter referred to as the 'mrtp act'), the land under acquisition is shown in the 'hill ..... consequently in the development control regulations (dcrs) only restricted development has been permitted in this zone.5th july, 2000: the garden-superintendent of the said corporation sent a letter to the assistant municipal commissioner (special) of ..... (1958)iillj273sc ..... commissioner (entertainment tax) recommending that the proposal so made by the special land .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(6)BomCR277; 2009(111)BomLR4211; 2009(6)MhLj500
..... membership under section 73ff(2) is automatic or whether it is necessary to take action and pass an order of removal under section 78 of the maharashtra cooperative societies act, 1960?in other words, it would be necessary to consider whether the consequences of disqualification under section 73ff(1) are distinct from the consequences contemplated under section 78(1) of the maharashtra cooperative societies act, 1960.for the aforesaid reason, it is necessary for the registry to place ..... (i) a member who has taken anamat or advance; or(ii) a member who has purchased any goods or commodities on credit or availed himself of any services from the society for which charges are payable and fails to repay the full amount of such anamat or advance or pay the price of such goods or commodities of charges for such service, after receipt of notice of demand by him from the ..... one can notice somewhat similar provision in the bombay village panchayats act, 1958 where section 14 provides for disqualifications which if earned by a ..... the appropriate body, and the statutory bodies can take action against the committees or the members of the committees, and general body exercises general control and assures legal protection ..... under section 14(1)(h), if such a member of panchayat fails to pay any tax or fee due to the panchayat or the zilla parishad within three months from the date on which the amount of such tax or fee is demanded, and a bill for the purpose is duly served on him, then in terms .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)114PLR227
..... the supreme court dealt with provisions of section 15-b of the gujarat sales tax act as substituted by gujarat sales tax act (act 6 of 1990) which was amended by act no.7 of 1990 and came into force of 6.5.1990 replacing the bombay sales tax act which was in force in that state till then. ..... the supreme court, however, incidentally referred to the provisions of section 9 of the haryaria act and section 13-aa of the bombay sales tax act and put itself the question as to what was the position of taxation in either of the aforesaid two statutes. ..... multi point system provides for taxation at each incidence of sale and single point system is an incident and controlled system where tax is charged, in the passage of the article from the first dealer to the last in what may be a whole chain of dealers, is not left to be decided by the intermediate number of links, ignoring the number of dealers involved connected with ..... state of maharashtra and ors. ..... state of andhra pradesh, 1958 scr 144, this court had occasion to consider the validity of a law enacted by parliament giving retrospective operation to laws passed by the state legislatures imposing a tax on certain sales in the course of inter-state trade. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC2192; (1974)IILLJ465SC; (1974)2SCC831; [1975]1SCR814; 1975(1)SLJ1(SC)
..... pages of our fundamental law with the obvious intent that even where express conferment of power or functions is written into the articles, such business has to be disposed of decisively by the ministry answerable to the legislature and through it vicariously to the people, thus vindicating our democracy instead of surrendering it to a single summit soul whose deification is incompatible with the basis of our political architecture lest national elections become dead sea fruits, ..... the cabinet enjoying, as it does, a majority in the legislature concentrates in itself the virtual control of both legislative and executive functions and as the ministers constituting the cabinet are presumably agreed on fundamentals and act on the principle of collective responsibility, the most important questions of policy are all formulated by ..... ]5scr294 considered the validity of a notification issued by the president under article 258(1) of the constitution entrusting with the consent of the government of bombay to the commissioners of divisions in the state of bombay the functions of the central government under the land acquisition act in relation to the acquisition of land for the purposes of the union within the territorial jurisdiction of the commissioners. ..... state of maharashtra [1971] ..... are disciplinary, the rule in dhingra's case : (1958)illj544sc is attracted. ..... a proclamation of emergency, legislate on any subject and deprive the states of their shares in the proceeds of distributable taxes. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1589; (1963)65BOMLR349; [1963]2SCR625
..... . they went on to state that the second purpose could not amount to a charitable purpose under the bombay public trust act and observed : 'as the nature and character of the public movements which were to be promoted for furthering the national ideal were not even indicated, much less specified it seems impossible to say that the organisation ..... was possibly assumed that the life and ideals for which the lokmanya stood, and in particular the matters which he considered as the prime purpose and policy of these two newspapers with which he was connected for over two decades, were matters of history so well-known to the courts and authorities in maharashtra and therefore on which no formal ..... it was not suggested by the commissioner of income-tax that the newspaper was intended to be a mere vehicle of political propaganda but was to be an instrument for the dissemination of news and for the ventilation of opinion upon all matters of public interest, and recorded his conclusion that questions of politics and legislation were discussed in the paper only as many other matters were discussed and that it had not been made out ..... is a maxim that the execution of a trust shall be under the control of a court, it shall be of such a nature that it can be under that control so that the administration of it can be reviewed by the ..... literature bearing on the life and work of this great leader and particularly two recent books on the topic 'bala gangadhar tilak by parvate (1958) which was brought to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(6)ALD582; 2005(6)ALT364
..... that this exercise should be entrusted to a permanent statutory body comprised of experts in the field and the reason underlying the enactment of the 1993 act is the recognition that such exercise and its consequence have critical implications for the equilibrium of our civil society, for the very basic constitutional value of equality and extended impact on vast sections of the indian population, both on those who find inclusion for ..... could anybody say that the reservation of 30 percent as open to general competition would be satisfactory from the point of view of giving effect to the first principle, namely, ..... if the data of such group is almost near or not far below the controlling group, having regard to the fact that a minority group which is less than 10% is being compared with non-minority group of remaining more than 90% consisting of various groups and sub-groups and categories, (stratified general population) a conclusion can be drawn that target group is ..... power of the parliament to amend the constitution; (ii) judicial review of state and union legislation; (iii) judicial review of delegated legislation; (iv) judicial review of administrative action; (v) judicial review of quasi-judicial decisions of administrative authorities and (vi) judicial review of decisions of statutory tribunals dealing with service, revenue and tax cases. ..... maharashtra ..... bombay, madras and bangalore during a period of about six months and examined 622 witnesses during public hearings and collected .....
Tag this Judgment!Court : Allahabad
Reported in : [1968]68ITR673(All)
..... than legal ground, was that if the adult members were also to be regarded as partners of the partnership formed between two joint families then such a partnership could never be registered under section 26a of the income-tax act and the rules framed thereunder, as the number of adult members in a joint family being fluctuating and their shares being unpredictable so long as the family remained joint, no valid application for registration could be presented by such a partnership. ..... nandlal gandalal : [1960]40itr1(sc) it was pointed out that both under the hindu law and under the law of partnership, the hindu undivided family as such can exercise no control and management over the business of a partnership, of which the coparcenary is a member through the karta.'52. ..... therefore, so far as the partnership is concerned, both under partnership law and under hindu law, the control and management is in the hands of the individual coparcener who is the partner and not in the family.'51. ..... called upon to consider the questions, (1) whether virappa pillai, who was the karta of a joint hindu family, had entered into the partnership in question on his own account or as the karta of the joint hindu family, and if the latter, (2) whether the result of his joining the partnership was to make the other members of the joint family also, partners in the partnership. ..... commissioner of excess profits tax : [1956]29itr521(sc) commissioner of income-tax, bombay city v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC645; JT1991(6)SC322; 1991(2)SCALE1111; 1993Supp(1)SCC361; [1991]Supp2SCR445; [1992]86STC363(SC); 1992(1)LC264(SC)
..... bombay provincial municipal corporation act, 1949 and the corresponding section 105 of the maharashtra municipalities act ..... arrangement this court by order dated 25.4.1990 directed that in order to obviate the difficulty of identifying the goods at the time of export by reason of the breaking of the bulk and in order avoid doubts, the respondent corporation may depute their officer or officers on all working days at the warehouse of the company to supervise the breaking of the bulk subject ..... well as the pass, shall satisfy himself that-(a) the pass as well as the goods are presented within the specified time limit; (b) the seals or marks, if any, are inact; and(c) the goods actually tally with those mentioned in the pass.on being so satisfied, he shall make relevant entries in the register maintained for the purpose, obtain signature of the importer thereon ..... consumption, or to put them in the way of others in the area, who are to use and consume'.and concluded holding :in our opinion, the company was liable to pay octroi tax on goods brought into local area (a) to be consumed by itself or sold by it to consumers direct and (b) for sale to dealers who in their turn sold the goods to consumers within the municipal area ..... to any price control by the government or that the company had charged any octroi separately in the bills, invoices and the other documents of sale to the outside purchasers produced before us do not also show that any octroi was separately charged and collected by the .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(2)BomCR53; 2009(111)BomLR585; (2009)221CTR(Bom)652; 2009(234)ELT33(Bom); [2009]16STJ355; [2009]20STT9
..... the aforesaid well settled tests for deciding whether an authority is a court or not are applied to the powers and functions of the appellate authority constituted under section 18 of the rent act, it becomes obvious that all the aforesaid essential trappings to constitute such an authority as a court are found ..... local law, the provisions contained in sections 4 - 24 (inclusive) shall apply only insofar as, and to the extent to which, they are not expressly excluded by such special or local lawa mere look at the aforesaid provision shows for its applicability to the facts of a given case and for importing the machinery of the provisions containing sections 4 - 24 of the limitation act the following two requirements have to be satisfied by the authority invoking the said provision. ..... ble supreme court again reiterated in kartick chandra's case that sections 4 - 24 of limitation act, stands attracted in so far as and to the extent to which they are not expressly excluded either by special or local law ..... ]289itr382(bom) , has considered the issue of applicability of section 5 of the limitation act in an appeal under the income tax act, 1961 before the high court, which shall be filed within one hundred and twenty days. ..... observed as under:- (7) in consequence, by operation of section 29(2) read with section 3 of the limitation act, limitation stands prescribed as a special law under section 19 of the contempt of courts act and limitation in filing letters patent appeal stands attracted. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1185; [2007(2)JCR357(Jhr)]
..... these writ applications, the petitioners have prayed for quashing the letter dated 13.9.2005 issued by the state government withdrawing the proposal of the petitioners for approval under section 5(1) of the mines and mineral (regulation and development) act, 1960 (in short 'act of 1960') and also withdrawing the application of the petitioners for grant of mining lease of iron ore in different areas of mouza ghatkuri in west singhbhum district for captive consumption of its integrated steel ..... consultation with the state government, reserve any area not already held under any prospecting licence or mining lease, for undertaking prospecting or mining operations through a government company or corporation owned or controlled by it, and where it proposes to do so, it shall, by notification in the official gazette, specify the boundaries of such area and the mineral or minerals in respect of which such area will be reserved. ..... to make the aforesaid principle applicable in the case in hand it is required to be established that the provisions of section 3(2) of the motor vehicles taxation act has been in disuse for a long period and that the imposition of tax on entry of motor vehicles into the cantonment limit has been in operation for a fairly long period. ..... , there are no competitive applications from organisations in the public sector controlled either by the s.g ..... learned counsel relied upon the two decisions of the supreme court in the case of state of maharashtra v. ..... forum, bombay and ors .....
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