Judgment Search Results Home > Cases Phrase: bombay non trading corporations act 1959 maharashtra section 45 declaration of solvency in case of proposal to wind up voluntarily Page 1 of about 16 results (0.182 seconds)

Hanuman Mining Corporation Ltd. Vs. the Commissioner of Sales Tax, Mad ...

Court : Supreme Court of India

Reported in : (1969)3SCC648; [1970]25STC60(SC)

..... of the commissioner of sales tax, madhya pradesh, the board of revenue stated a case to the high court under section 44 of the madhya pradesh general sales tax act, 1958, on the following question of law :whether on the facts and circumstances of the case the sales of manganese ore by the non-applicant were in the course of inter-state trade and therefore exempt from tax under the old act or were intra-state sales in this state and therefore liable to tax ..... (3) any law of a state shall, in so far as it imposes, or authorises the imposition of, a tax on the sale or purchase of goods declared by parliament by law to be of special importance in inter-state trade or commerce, be subject to such restrictions and conditions in regard to the system of levy, rates and other incidents of the tax as parliament may by law specify.4. ..... state of mysore [1963] 14 s.t.c.175 and again in state trading corporation v. ..... it was contended on behalf of the appellant before the sales tax authorities that these contracts occasioned movement of the sold goods from the state of madhya pradesh to the state of maharashtra so that all the sales were exempt from tax under the c.p. ..... and berar sales tax act, 1947, and also under the madhya pradesh general sales tax act, 1958 (2 of 1959), which repealed the former. ..... there is also no dispute that the wagons went out of the state to nagpur and bombay respectively, the buyer acting as consignor and consignee. .....

Olga Tellis and ors. Vs. Bombay Municipal Corporation and ors.

Court : Supreme Court of India

Reported in : AIR1986SC180; 1985(2)SCALE5; (1985)3SCC545; [1985]Supp2SCR51

..... the petitioners also ask for a declaration that the provisions of sections 312, 313 and 314 of the bombay municipal corporation act, 1888 are invalid as violating articles ..... been improved and developed will not be removed unless the land on which they stand or the appurtenant land, is required for a public purposes, in which case, alternate sites or accommodation will be provided to them, the 'low income scheme shelter programme' which is proposed to be undertaken with the aid of the world bank will be pursued earnestly; and, the slum upgradation programme (sup)' under which basic amenities are to ..... common good, the sweep of the right to reside and settle in any part of the territory of india which is guaranteed by article 19(1)(e) and the right to carry on any occupation, trade or business which is guaranteed by article 19(1)(g), the competing claims of pavement dwellers on the one hand and of the pedestrians on the other and, the larger question of ensuring equality before the law. ..... industries and entertainment houses in the heart of the city, have been permitted by the government of maharashtra contrary to law and even residential premises have been allowed to be converted into commercial premises. ..... of the preamble that fundamental rights are conferred by the constitution, some on citizens like those guaranteed by articles 15, 16, 19, 21 and 29, and some on citizens and non-citizens alike, like those guaranteed by articles 14, 21, 22 and 25 of the constitution. ..... delhi [1959] supp .....

Smt. Chaitrali Prakash Borhade Alias Kum. Chitrali Nandu Kedari and Ot ...

Court : Mumbai

..... case, the provisions of the bombay provincial municipal corporations act ..... otherwise will have to be examined in the context of the provisions contained in the municipal law providing for qualification and disqualification of the candidate, such as bombay provincial municipal corporations act. ..... wani and kulwant wani caste on the basis of the earlier entry 190 requires to be protected; but it is not open to the state government by issuing government resolution to declare that the benefit of obc category would be admissible to them till the issuance of government resolution dated 19.7.2011- inspite of the decision of the high court dated 1st october, 2010 to the contrary. ..... and the caste validity certificate issued by the caste scrutiny committee, declaring dewalekar as belonging to obc are declared as non-est from its inception and the same are quashed and set aside ..... the argument of the respondents that the state government had taken further steps of forwarding the proposal to the backward class commission or that the backward class commission has instituted survey and ..... not be done by issuance of government resolution but only by enacting appropriate law made by the legislature in that behalf or for that matter, the same are in the teeth of section 10 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. ..... 1959 .....

Rattan India Power Limited Vs. The State of Maharashtra through the Ch ...

Court : Mumbai Nagpur

..... nature of contract and need of filing a civil suit, he invites attention to the provisions of section 58(6) of the maharashtra irrigation act, 1976, (xxxviii of 1976) and submits that water is made available to the petitioner under ..... while dealing with a writ petition, the court must exercise discretion, taking into consideration a wide variety of circumstances, inter alia, the facts of the case, the exigency that warrants such exercise of discretion, the consequences of grant or refusal of the writ, and the nature and extent of injury that is likely to ensue by ..... that insofar as project aparna infra energy, chandrapur, is concerned, chandrapur is not a water deficit area and proposal was submitted to levy irc at rs.50,000/- per hectare in the light of government circular dated 21.02.2004. ..... in the case of pimpri chinchwad municipal corporation and ors. ..... finds it necessary to direct the government to decide those representations and also declares that the rights of petitioner be altered and modified accordingly. 58. ..... of under construction of distribution network should be curtailed keeping in view the loss of area under irrigation on account of reservation for non-irrigation in the command area of the project and further work of redundant distribution system should be immediately stopped. ..... orders in writ petition no.1487 of 2013 on 17.06.2014, the division bench at bombay in paragraph no.10 observed that both the parties needed to consider whether amount of ..... , is liberalization of trade. .....

M/S. Monarch Infrastructure Pvt. Ltd. Vs. Ulhas Nagar Municipal Corpor ...

Court : Mumbai

..... a declaration is also sought that the action of the first respondent in appointing second respondent as octroi collecting agent is contrary to the provisions of bombay provincial municipal corporations act, 1949 and the law governing field of distribution of state largesse. 4. ..... (2) the commission er shall not be bound to accept any tender which may be made in pursuance of such notice, but may accept, subject to the provision of clause (c) of section 73, any of the tenders so made which appears to him, upon a view of all the circumstances, to be the most advantageous: provided that the standing committee may authorize the commissioner, for reasons which shall be recorded in its ..... on 17th april, 2012, pursuant to the request made by the corporation, corrigendum was issued by the government of maharashtra of applying the local body tax from 1st july, 2012 instead of 1st april, 2012. ..... be founded on a sound, transplant, discernible and well-defined policy, which shall be made known to the public by publication in the official gazette and other recognised modes of publicity and such policy must be implemented/executed by adopting a non-discriminatory and non-arbitrary method irrespective of the class or category of persons proposed to be benefited by the policy. ..... thus, the argument that the respondent no.2 was preferred as it had advanced interest free amount of rs.6 crores, cannot be countenanced and in any case, cannot be said to be in public interest at all. .....

Bhubaneswar Club Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Cuttack

Reported in : (2007)107TTJCtk40

..... bombay buimah trading corporation 2 ..... although the apex court's ruling relates to the issues pertaining to assessment of income with reference to section 115j of the it act,the merit of the apex court's judgment is aptly applicable to the present case of the club and the ao per se has no jurisdiction to alter the audited/certified accounts and adopted by the members of the club in the annual general meeting, with a prejudicial motive for the purpose of raising income ..... surplus arising or accruing to such institutions is not regarded as income of the concern; please see bar council of maharashtra and surat art silk 'when agrees to contribute' funds for a common purpose (such as payment of annuities or capital sums) to some or all of them, on the occurrence of events certain or uncertain, and stipulates that their contributions so ..... if the object of the assessee company claiming to be a mutual concern or club is to carry on a particular business and money is realized both from members and non-members for the same consideration by giving same or similar facilities to all alike in respect of the one and the same business carried on by it, the dealing as a whole disclosed the same profit earning motive, and ..... many of his persons (including a lady), proposed/seconded byhim were admitted as members in the club, excepting one case in the last, during the pendency ofthe appeal ..... -98, now under this appeal, the assessee-club filed the return of its income declaring a net assessable loss at rs. .....

The Western India Football Association Bombay Vs. Bombay District Foot ...

Court : Mumbai

Reported in : AIR1989Bom189; (1989)91BOMLR439

..... as a non trading corporation and thereafter as a public trust under the bombay public trust act . ..... the plaintiff-association sought vairious other declarations and, in particular, for a recognition that the bombay district football association is the district football association, as far as the district football association, as far as the bombay city and suburbs in the state of maharashtra, are concerned, and for a further directaration that the w.i.f.a does not have any right or authority to control the football game, as far as the bombay city and suburbs in the state of maharashtra, is concerned, and that ..... as also the union of india and the state of maharashtra, claiming certain direcations, mainly to the effect that their association has been duly registered and as such all the clubs and teams in the city of bombay and its suburbs have become affiliated to their association and the terms in the city of bombay and its suburbs have become affiliated to their association and ..... so also as regards class i open tournaments, in the present case, as i find, the federation has not shown any inclinatioo to entrust national tournaments or championships to the ..... or charity match or undertake a football four within the jurisdiction of another member unless request for such permission is made to it by the member within the whose jurisdiction the match is going to be played or the football four is proposed to be undertaken. ..... however, will not apply retrospectively before 1959'.18. mr. .....

Wipro Products Limited and Another Vs. the State of Maharashtra and An ...

Court : Mumbai

Reported in : [1989]72STC69(Bom)

..... section 13aa of the bombay sales tax act, 1959 as introduced by maharashtra act ..... commodities act such as vegetable oil products control order has been purchasing such imported oil from the depot of the state trading corporation, since it is the canalising agent appointed under the provisions of the import and export control act and also under the import control order for the import of vegetable non-essential oil ..... the purchase tax is payable by the dealer under this sub-section by reason of the fact that he has failed to comply with the conditions or undertakings of a declaration issued under section 11 or 12, then the amount equal to the tax paid or payable under section 11 or as the case may be, the purchase tax levied or leviable under section 13a shall be set-off against the purchase tax so payable ..... . even a cursory reading of this statement of objects and reasons would make it manifest that it contains a rational nexus with the object to be achieved in proposing the amendment and it also clearly indicates the nature of concessional rates available to the items in part i of schedule c when it is indicated that the said concession is many ..... . as stated the main bone of contention is that by imposing such additional tax as proposed under section 13aa, the concept of freedom of trade, commerce and intercourse throughout the territory of india is destroyed and, therefore, it offends this provision and it is further indicated that if these are treated as restrictions then those cannot .....

Telecommunication Consultants India Ltd. Vs. Commissioner of Commercia ...

Court : Uttaranchal

Reported in : (2010)29VST265(NULL)

..... case (supra), flow from the statutory definition of the term 'inter-state sale' contained in section 3 of the central sales tax act, 1956, as also, the legal position expressed by the andhra pradesh high court in itc classic finance and services case (supra), as also, the law declared by the supreme court in 20th century finance corporation ..... delivery of the car was taken from gurgaon (haryana), thus, the taxable event, namely, the transfer was complete in delhi, but if the hirer uses the car in bombay, the maharashtra act treats such a deemed sale as taxable by that state on the mere use of the car in maharashtra state which has no nexus with the taxable event under sub-clause (d).xxxx xxxx90. ..... the assessment order dated 28.02.2003 as well as the appellate order dated 21.09.2005, the revision petitioner filed a further appeal under section 10(2) of the trade tax act, 1948, read with the adoption and modification order, 2002, before the commercial tax tribunal, uttarakhand, dehradun (hereinafter referred to ..... these parameters, the sate can fix by fiction the situs of deemed sales, however, in the absence of the fiction in cases where the goods are available the taxable even would take place where the property in the goods passes that is where agreement is executed and in cases of non-existent goods the taxable event would be at the place of delivery.learned counsel also brought to the notice of this court ..... mentions the board category of equipment proposed to be leased and the correct .....

The Tata Power Company Limited, Rep. by B.J. Shroff Vs. Maharashtra El ...

Court : Appellate Tribunal for Electricity APTEL

..... the learned advocate for the appellant makes the following submissions: a) in terms of section 10 (2) of the electricity act,2003 a generating company can supply electricity to any licensee which may include a distribution licensee or trading licensee or a consumer and in view of the decision of the honble supreme court in tata power company limited vs maharashtra electricity regulatory commission and ors. ..... 7, tata power trading corporation limited with whom the appellant had an agreement to that effect. ..... . the appropriate government may issue directions to the regional load despatch centres or state load despatch centres, as the case may be, to take such measures as may be necessary for maintaining smooth an stable transmission and supply of electricity to any region or state. 62 ..... 1224 of 2010 the honble bombay high court by its order dated 9.08.2010 held that the letters issued by the second respondent were directions under section 33 (1) of the act, as such it directed the commission to adjudicate upon the grievance of the appellant regarding non scheduling of power by msldc in terms of section 33 (4) of the act. ..... . 71of 2011 which is a speaking one declares the government memoranda dated 7.05.2010 as ultra vires and made the rule absolute. 55 ..... . it even provides where the distribution licensee proposes to undertake distribution of electricity for a specified area within the area of supply through another person, that person shall not be required to obtain separate licence. 83 .....