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 Court: mumbai Page 1 of about 1 results (0.122 seconds)

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. .....

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. .....

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. .....

Oil and Natural Gas Corporation Ltd. Vs. Government of Maharashtra and ...

Court : Mumbai

Reported in : [2007(113)FLR476]

..... our judgment, the legislature was desirous of bringing every establishment carrying on business, trade or profession under section 2(4) of the bombay shops and establishments act, within the sweep of welfare act and it is not permissible to defeat the intention of the legislature by accepting a restricted meaning.section 22 of the labour welfare act was also considered as the court observed that the act does not confer a right to get exemption but mainly confers a power ..... as the contention of the petitioners that the respondents have wrongly made a demand by applying the provisions of the act from 1971, considering their contention that the activities in maharashtra commenced only in 1977, requires to be considered by giving an opportunity to the petitioners to place the relevant ..... judgments one in the case of food corporation of india and ..... not include a factory, shops, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment;section 2(8)'establishment' means a shop, commercial establishment, residential hotel, restaurant, eating house, theatre, or other place of public amusement or entertainment to which this act applies and includes such other establishment as the [state] government may, by notification in the official gazette, declare to be an establishment for the purposes of this act;section 4exemption. ..... for exemption under the provisions of section 22 of the labour welfare act discloses non-application of mind on behalf of respondent .....

Blue Coast Hotels Limited Vs. IFCI Limited

Court : Mumbai

..... declaration under section 79b-(2)(a) of the act stating therein that the entire disputed land was agricultural land and had claimed exemption from the provisions of the said section 79-b under section 109 of the act on the ground that the land was mortgaged to the mysore state financial ..... trade ..... non-performing asset" means an asset or account of a borrower, which has been classified by a bank or financial institution as sub-standard, [doubtful or loss asset,- (a) in case ..... act and maharashtra rent control act, while dealing with the issue of recovery of secured interest of the landlord/owner held that the bank-secured creditors, cannot arbitrarily evict the tenants/occupants residing in the said secured assets by using the provisions under the sarfaesi ..... section (2) of section 13 of the [act] shall be made by delivering or transmitting at the place where the borrower or his agent, empowered to accept the notice or documents on behalf of the borrower, actually and voluntarily ..... bombay, [***] [or in any other town or area which the state government may, by notification in the official gazette ..... proposal before taking any coercive steps/physical possession/steps and if the financial institutions accept the said proposal, irrespective of the objections with regard to the description of the properties and/or the details of the movable and the immovable properties and/or issue and/or raising, there would be no issue of no communication of reasoned order to their ..... 1959 .....

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 .....

Maharashtra Shramik Sena, Bombay and ors. Vs. Municipal Corporation of ...

Court : Mumbai

Reported in : 2002(4)ALLMR38; 2002(3)BomCR519; (2002)3BOMLR696; 2002(3)MhLj45

..... by filing affidavit-in-reply dated 17th december 1992 it has been pointed out that under section 61(q) of the bombay municipal corporation act, 1888, it is the mandatory duty of the corporation to provide for primary education. ..... merely because disciplinary action is taken against such non-teaching staff employed in the municipal secondary school of the corporation under the corporation rules and not under the maharashtra employees of private schools (conditions of service) rules 1981, does not mean that they are entitled for getting the pay-scales and all other benefits as per the other employees. ..... it is submitted that when the work carried out by these clerks is the same as in the case of clerks employed in the primary schools and other departments and also their qualifications are same, there is no reason to differentiate between them in respect of the pay-scales etc. 3. ..... possessed by the drivers, the commission proposed the pay-scales for various categories of drivers like the drivers of light motor vehicles, the drivers of heavy motor vehicles etc. ..... the composite trade union known as 'mahapalika madhyamik shikshak and shishaketar sangh', which now represents both teaching and non-teaching employees of the municipal secondary schools. ..... the first petitioner is a trade union incorporated under the provisions of the trade unions act, 1926. ..... he formed a composite trade union known as 'mahapalika madhyamik shikshak and shikshaketar karmachari sena (m.m.s.s.k.s.). .....

Engineering and Metal Workers Union Vs. Commissioner of Labour and ors ...

Court : Mumbai

Reported in : 2003(2)ALLMR528; 2003(4)BomCR804; (2003)IILLJ598Bom

..... judgment of the apex court in the case of state trading corporation of india v. ..... in any bombay act or maharashtra act made after the commencement of this act it shall be sufficient for the purpose of indicating the application of a law to every person or number of persons for the time being executing the functions of an office, to mention the official title of the officer at present executing the functions, or that of the officer by whom the functions are commonly executed.sub-section (2) of the section specifically provides that the section applies also to all bombay acts made before ..... court in state trading corporation of india v. ..... lab-2, dated august 16, 1988, the government of maharashtra hereby directs that the powers exercisable by it under sections 25-n and 25-o of the said act shall also be exercised by the commissioner of labour, bombay.by order and in the name of the government ..... to the said order on the ground that second respondent had no legal authority and/or he was not delegated to hear the application under section 25-o of the act and, in view thereof, the order passed by the second respondent is null and void abinitio and ought to be quashed and set aside ..... labour at the relevant time, had authority in law to perform all functions and duties, including quasi-judicial functions of the commissioner of labour, and the impugned order passed by him under section 25-o of the industrial disputes act (for short, 'the act') is non est and void for want of such authority. 2. ..... [1959] .....

M.A. Panshikar Vs. the State of Maharashtra and anr.

Court : Mumbai

Reported in : 2002(5)BomCR318; (2001)4BOMLR662

..... bombay municipal corporation constituted under the bombay municipal corporation act, and the nagpur municipal corporation or any municipal corporation under the bombay provincial municipal corporations act, 1949, as also a municipal council constituted under the maharashtra municipalities act ..... corporation, exercising powers under section 258 of the bombay provincial municipal corporations act and section ..... committee, and the objections and suggestions received, may approve the draft development plan and/or make such modifications or changes as it may consider proper.in case any modification is to be made to the draft development plan after the issuance of notice under section 26, if the modifications proposed are of a substantial nature, the same have to be notified in the official gazette inviting objections and suggestions, and are thereafter required to ..... exhibit 'j' were tentative and, as expressly stated, operated till the draft development control regulations submitted to the government by the thane municipal corporation in 1988 were finally sanctioned.referring to the notification dated 19th june, 1993 (exhibit 'l'), counsel submitted that while sanctioning the draft building ..... owners of old buildings, which were dilapidated and in any case, the corporation had declared some of those buildings to be dangerous and unfit for ..... corporation by adding lands which are non-agricultural lands.on the same day, by the second notification dated 4th october, 1999, the state of maharashtra .....