Judgment Search Results Home > Cases Phrase: bombay non trading corporations act 1959 maharashtra section 50 winding up by registration Page 4 of about 127 results (0.157 seconds)

Maharashtra State Road Transport Corporation Vs. Maharashtra Motor Kam ...

Court : Mumbai

Reported in : 1986(1)BomCR126; 1985MhLJ802

..... 1984) (hereinafter referred to as 'the complainant'), claiming to have sizable membership of the employees working in the corporation, have filed separate individual complaint stating therein that the appellant corporation have indulged in or are engaging in unfair labour practices enumerated in item 2(b) of schedule ii and item 5 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the act').3. ..... considering all the objections that may have been lodged pursuant to the notice given as herein-before indicated, the industrial court comes to the conclusion that the conditions requisite for registration are satisfied and the union complies with the conditions specified in section 19, the industrial court shall grant recognition to the applicant union under the act and issue a certificate in the prescribed form. ..... to begin with, the act applies to the industries to which the bombay industrial relations act for the time being applies and also to industries as defined in clause (1) of section 2 of the industrial disputes act and the state government in relation to any industrial dispute concerning such industry is the appropriate ..... the appellant also submitted that the complaint were not maintainable for non-joinder of necessary parties inasmuch as the two intervening unions, which are alleged to have been recognised by the corporation in the matter of collective bargain were not joined as necessary .....

Madhu Silica Private Limited and ors. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : [1992]85STC258(Guj)

..... a similar provision was operative in the maharashtra state being section 13aa of the bombay sales tax act, 1959. ..... this deeming provision has to be given its full effect as laid down by the supreme court in maharashtra state textile corporation ltd. v. ..... the state except as a direct result of sale or purchase in the course of inter-state trade or commerce, shall pay tax on the turnover relating to the purchase aforesaid at the rate mentioned in section 3, 4 or 5, as the case may be, whatever be the quantum of such turnover in a year : provided that a dealer (other than a casual trader or agent of a non-resident dealer) purchasing goods [the sale of which is liable to tax under sub-section (1) of section 3] shall not be liable to pay tax under this sub ..... administrator, bangalore city corporation : 1997(91)elt27(sc) , there is no question of passing on the so-called purchase tax to the consumers by the petitioners; and therefore, the amount collected by the respondents without any authority of law should be refunded to the petitioners with interest at 24 per cent per annum at which rate the respondents charge interest from the assessee under section 47(4a) of the act. 18. mr. ..... referring to the argument about validation provision, our attention was invited to section 9 of the bombay general clauses act and the decisions of the supreme court in maharashtra state textile corporation ltd. v. .....

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

Court : Uttaranchal

Reported in : (2010)29VST265(NULL)

..... dissatisfied with 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 as the 'tribunal'). ..... over the key of the car and the 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 ..... 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 one express remark addressed by the division bench clarifying the task which was ..... on 01.11.1988, the revision petitioner entered into an agreement with the oil and natural gas corporation (hereinafter referred to as the 'ongc') for installation of two epabx systems along with allied accessories and spare parts, on rent and guarantee basis. .....

63 Moons Technologies Ltd (Formerly Known as Financial Technologies In ...

Court : Supreme Court of India

..... context of an argument that differential treatment was accorded to the state trading corporation vis- -vis private importers in that the customs duty for the state trading corporation had been reduced by notification under section 25(2) of the customs act, 1962 ..... advocate, also appearing on behalf of some of the alleged duped investors/traders, referred to the maharashtra protection of interest of depositors (in financial establishments) act, 1999, and stated that the persons who had invested monies in the commodities exchange of nsel have been held to be depositors by a judgment dated 01.10.2015 of the high court of bombay, from which an slp has been dismissed by this court ..... the investigation is necessary and the further requirement is that there are circumstances suggesting the inference set out in the section; an action not based on circumstances suggesting an inference of the enumerated kind will not 54 be valid; the formation of the opinion is subjective but the existence of the circumstances relevant to the inference as the sine qua non for action must be demonstratable; if their existence is questioned, it has to be proved at least prime ..... had a single registered warehouse in its name as the warehousing development and regulatory authority had rejected nsel s application for registration of its warehouses as far back as on 16.05.2011 ..... to participate in the assets of the company which would be left over after winding up but not in the assets as a whole as lord anderson puts ..... [(1959 .....

Visveswaraya Industrial Vs. Deputy Commissioner

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1996)59ITD156(Mum.)

..... charitable purpose as contained in section 2(15) of the act and, therefore, the department was in error in holding that the assessee does not satisfy to be a charitable institution.7.4 he contended that the government of maharashtra floated the scheme of leasing its land with a view to provide parallel service as are available across the world concerning commerce, trade and industry and on examination ..... , the department had issued certificate because of which only, the tribunal had made those observations that a registration granted by the commissioner or director of exemption acting as a commissioner, could not be questioned by the department.7.17 section 12a of the act is not a formality either for the assessee or for the department because, it requires the examination of ..... continued to be the owner of all the properties, centre i, trade centre and idbi centre, considering that bombay municipal corporation (bmc) had determined the ratable value for levy of municipal taxes ..... which the trust has been brought into existence and if any of the objects do fall into the category of non-charitable purpose and if the trust does not undertake on such non-charitable purpose, then their mere existence could not deprive the trust the recognition of charitable institution.7.15 the first of ..... case (supra) had considered the clause which provided for distribution of assets to members on winding up, whether it would disentitle the company from exemption during its lifetime and had concluded that ..... 1959 .....

Indian Hotel and Restaurants Association (AHAR), an Association duly r ...

Court : Mumbai

Reported in : 2006(3)BomCR705

..... --for the purposes of this section, 'sports club' or 'gymkhana' means an establishment registered as such under the provisions of the bombay public trusts act, 1950, or the societies registration act, 1860 or the companies act, 1956, or any other law for the ..... . it is submitted that the right to trade in liquor may not be a fundamental right, but in so far as the state of maharashtra is concerned, a law having been enacted for carrying on trade in liquor by licensees holding valid licences issued under the bombay prohibition act, 1949 read with the bombay foreign liquor rules, 1953, the petitioners' members, who are the holders of such licences, have a statutory right which can be invaded only ..... licence. three different licenses had to be obtained from three different authorities:(i) the mumbai municipal corporation for selling and serving food; (ii) from the commissioner of police for premises, performance and entertainment licences; and (iii) from the collector under the bombay prohibition act, 1949 read with the bombay foreign liquor rules, 1953 for selling liquor.in so far as serving of liquor is concerned, we have noted in the earlier part of the judgment ..... complete prohibition on any professional activity, there must exist some strong reason for the same with a view to attain some legitimate object and in case of non-imposition of such prohibition it may result in jeopardizing or seriously affecting the interest of the people in ..... . state of bihar : [1959]1scr629 known as .....

Municipal Corporation of Greater Bombay Vs. the Industrial Development ...

Court : Supreme Court of India

Reported in : 1996VIAD(SC)761; AIR1997SC482; (1996)98BOMLR609; JT1996(8)SC16; (1997)1MLJ49(SC); 1996(6)SCALE379; (1996)11SCC501; [1996]Supp5SCR551

..... of this land in the said plan for the extension of dharavi sewage purification works belonging to the appellant-corporation, the appellant-corporation, being the then planning authority sought to acquire the said land for the purpose of extension of dharavi sewage purification plant as per section 126(1) of the monopolies & restrictive trade practices act and the state government of maharashtra being satisfied that the land specified in the application was needed for the public purpose therein ..... on 6th january 1967 a draft development plan for 'g' ward of the bombay municipal corporation was sanctioned by the state of maharashtra in exercise of its powers under section 31 sub-section (1) of the monopolies & restrictive trade practices act. ..... specified, issued the requisite notification dated july 6, 1972 under section 126(2) of the monopolies & restrictive trade practices act read with section 6 of the act ..... i deem it fit to record my additional reasons for non-suiting the respondent-petitioners on that score.33. .....

Vile Parle Kelvani Mandal and Others Vs. Municipal Corporation of Grea ...

Court : Mumbai

..... the impugned provisions of the bombay municipal corporation act are in the nature of reasonable restrictions, in the interests of the general public, on the exercise of the right of hawkers to carry on their trade or business. ..... an appeal shall be disposed of under sub-section (5) of section 20; (h) the term of, and the manner of constituting, the town vending committee under sub-section (1) of section 22; (i) the number of other members of the town vending committee under clause (b) of sub-section (2) of section 22; (j) the manner of elections among street vendors under clause (d) of sub-section (2) of section 22; (k) the allowances to chairperson and members under sub-section (3) of section 22; (l) the time and place for meeting, ..... the country shall be allowed to operate till the exercise of registration and creation of vending / hawking zones is completed in terms ..... been granted license for running the public call offices (pco)/aarey sarita stalls to continue to run those stalls even in non-hawking zones has been modified and it is provided that no further new licenses to be granted to any other persons including handicapped persons in the ..... by the apex court in the case of bombay hawker's union vs bombay municipal corporation (1985)3 scc 582) as well as in the case of maharashtra ekta hawkers union and another vs. ..... that the hawkers will not be entitled even to protect their wares against the sun, rain, wind and so on, by spreading a cloth, plastic sheet, chaddar, tarpaulin etc. .....

Aircel Cellular Ltd. and Another Vs. Union of India, Thro' Secretary, ...

Court : Chennai

..... group of consumers: provided that nothing in this clause shall apply in respect of matters relating to - (a) the monopolistic trade practice, restrictive trade practice and unfair trade practice which are subject to the jurisdiction of the monopolies and restrictive trade practices commission established under sub-section (1) of section 5 of the monopolies and restrictive trade practices act, 1969 ; (b) the complaint of an individual consumer maintainable before a consumer disputes redressal forum or a consumer disputes ..... sant steel and alloys (2008 (2) scc 777); (xxxviii) sunil pannalal banthia vs city and industrial corporation of maharashtra (2007 (10) scc 674); (xxxix) motilal padampat sugar mills vs state of uttar pradesh ( ..... while directed al to comply with the conditions as imposed in the order of dot dated 3.10.13, without prejudice to their rights and contentions in the pending writ petitions relating to otsc and non-telecom activities, further held that in the event of the petitioners succeeding in the writ petitions, the undertaking given by them will automatically lapse and that the compliance of the conditions by ..... appellants/petitioners placed reliance on the judgment of the bombay high court in idea cellular ltd and ..... . - vs - municipal corporation of the city of poona (air 1959 sc 586), it has been held that the word 'modify' has been introduced in the said section with some purpose and the purpose could only have been to use an expression of wider connotation so as .....

Farrukhabad GramIn Bank Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2006)103ITD207Agra

..... in managing and carrying out of any issue, public or private, of state, municipal or other loans or of shares, stock, debentures, or debenture stock of any company, corporation or association and the lending of money for the purpose of any such issue; (e) carrying on and transacting every kind of guarantee and indemnity business; (f) managing, selling and ..... section 56 of the act under chapter v which is titled as "application of the act to co-operative bank" is not required to be considered so as to decide the issues in the present appeal as the assessee bank is not a co-operative bank.11.12 the relevant provisions which need consideration of the rrb act, 1976 are the preamble to the act which is set out as under: an act to provide for the incorporation, regulation and winding up of rrbs with a view to developing the rural economy by providing, for the purpose of development of agriculture, ..... book) it was submitted that this judgment again was in the context of sections 24 and 56 of the banking regulation act, 1949 as well as section 57(2) of the karnataka co-operative society act, 1959 and rule 23(3) of the karnataka co-operative societies rules, 1960 and in the context of these specific acts/rules their lordships of supreme court held "on the fact situation of ..... . the order of the bombay bench in the case of maharashtra state co-operative bank (supra) pertains to only non-slr and the observations on which reliance has been placed by the learned departmental representative .....