Judgment Search Results Home > Cases Phrase: bombay pleaders act 1920 maharashtra schedule schedule iii Page 1 of about 1,953 results (0.233 seconds)

The Government Pleader Vs. Siddick H. Shaikh

Court : Mumbai

Reported in : (1929)31BOMLR625; 121Ind.Cas.587

..... the charge against him is shortly that he had been guilty of improper conduct under section 20 of the bombay pleaders act inasmuch as he sent various 1929 circular post-cards to the public with reference to the examination of accounts of wakf properties. ..... , hold that it was improper conduct on his part to issue these post-cards and to canvass for this particular work in the way that he did, and that accordingly he has committed an offence under section 26 of the bombay pleaders act.6. ..... the main question, however, is, did this post-card amount to advertising the contention of the pleader, when called on for his explanation by the learned district judge, was as follows: (i refer to his affidavit of july 28, 1928):advertising by a pleader is nowhere specifically or impliedly prohibited under the pleaders act or rules thereunder. ..... accordingly, if this circular post-card had merely given the address and the name and description of this pleader, it would yet have amounted to an advertisement on his part and therefore to improper conduct. ..... even if auditing is not strictly legal work, yet this very fact of advertising his readiness to take up that work, combined with his statement that he is a high court pleader and seeing that this work is connected with the courts and has to be supervised by the courts, this would, i think, result in his getting an improper advantage in legal work over his fellow-pleaders, who did not descend to such devices. .....

Shankarrao Vs. State of Maharashtra

Court : Mumbai

Reported in : (1980)82BOMLR622; 1980MhLJ888

..... act is beyond the competence of the maharashtra legislature, even under entry 18 of the second list of the 7th schedule. ..... a similar argument is made before us by the learned additional government pleader, when he says that these sections do not directly operate upon the lands outside the state, but they are incidentally taken into account for the purpose ..... on an earlier occasion, dealing with the provisions of the bombay prevention of hindu bigamous marriage act (25 of 1946) a factual situation arose for the consideration of the full ..... of legislation dealing with agricultural land, and the rights in and over those lands with the consequences of acquisition by the state would be covered by entry 18 of list ii of the 7th schedule and entry 42 of list iii of the 7th schedule. ..... in list iii of the 7th schedule may also ..... subject to the provisions of this chapter and chapter iii, no person or family unit shall, after the commencement date, hold land in excess of the ceiling area, as determined in the manner hereinafter provided.explanation: a person or a family unit may hold exempted ..... the effect of the subsequent sections, like sections 8, 9, 10 and 11 of chapter iii, the restriction on acquisitions would become clear. ..... and iii have been added by the amending act of ..... (2) whether the provisions of chapter iii regarding the restrictions on transfers, acquisitions, partitions and consequences ensuing as well as the penalties or liabilities provided for by sections 10(3), 21-a, 40-a and section .....

Jaimala Jageshwar Barapatre Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 2008(3)BomCR357; 2008(1)MhLj428

..... has also challenged the constitutional validity of 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 (for brevity, hereinafter referred to as 'act no. ..... the challenge was as to competence of the state legislature to render a candidate duly elected to be disqualified under sub-section (4) of section 10 of the said act in view of provision to that effect already contained in sections 12 and 16(2a) of the bombay provincial municipal corporations act, 1949, and article 14 of the constitution of india, which, therefore, does not preclude challenge on other grounds. ..... 13, 46, 20, 23 and 25 of concurrent list;(ii) entry no 41 of the state list;(iii) the legislation has been enacted in compliance with mandate given by hon'ble supreme court in the verdicts in cases of (i) state of maharashtra v. ..... pleader, we find that the statute, in question, is, with no ambiguity, found to be squarely covered by these entries.this court finds that the question as to in which amongst the entries the subject on which the legislation impugned is enacted, ..... : air1995sc94 and (iii) director of tribal welfare, govt. of u.p. ..... (iii) extract of admission register of sarvodaya primary school, khapa, pertaining to shrawan son of changya atmaram barapatre showing his date of birth to be 28th august, 1935 and he was admitted to school on 1st march, .....

Nanda D/O Yadavrao Shankhpale Vs. the State of Maharashtra Through Its ...

Court : Mumbai

Reported in : 2007(3)ALLMR401; 2007(3)BomCR555; 2008(1)MhLj581

..... in absence of power of review conferred on the scrutiny committee under the statutory provisions of the maharashtra scheduled castes, scheduled tribes, denotified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of caste certificate) act 2001 the division bench had no jurisdiction to direct the scrutiny committee to reconsider the decision of granting ..... unless the court records a finding that the evidence which has more probative value has not been considered by the scrutiny committee or the committee has committed gross error in appreciating evidence or has acted in flagrant violation of principles of law or justice causing grave injustice to the petitioner or the findings of the committee are so perverse and unreasonable that no reasonable person could possibly come to ..... learned counsel for the union of india, the learned assistant government pleader for the state of maharashtra and the learned counsel appearing for the scrutiny committee haves relied on the following judgments in support of their ..... likewise a new state was formed from the bombay state to state of maharashtra which included aurangabad, parbhani, bhir and osmanabad districts, ahmedpur, nilanga and udgir talukas of bidar district, nanded district (except bichkond and jukkal circles of deglur taluk ..... (ii) koli mahadeo, dongar koli, (iii) tokre koli, koli dhor, kolcha and kolgha are included in the list of scheduled tribes. .....

Peacebird Premises Co-op. Society Ltd. Vs. Collector of Stamps of Mumb ...

Court : Mumbai

Reported in : 2008(1)ALLMR51; 2008(1)MhLj865

..... the main contention urged on behalf of the petitioners is that the expression conveyance in section 2(g) of the bombay stamp act, 1958 prior to its amendment by maharashtra amendment of 27 of 1985 did not include a consent decree and consequently actions of the respondents are without jurisdiction.on the other hand on behalf of the respondents, it is submitted that the very issue is covered by the judgment of the ..... it is the case of the petitioners that the action of the second respondent in impounding the consent decree which was lodged for registration and despatch thereof by him to the deputy superintendent of stamps at bombay for adjudication of stamp duty payable thereon and the failure of the 1st respondent to issue certificate that no stamp duty is payable thereon and further to return the said consent decree to the second respondent from ..... 27 of 1985 reads as under:conveyance includes, (i) a conveyance on sale, (ii) every instrument, and (iii) every decree or final order of any civil court, by which property, whether moveable or immovable, or any estate or interest in any property is transferred to, or vested in, any other person, inter vivos, and which is not otherwise specifically provided for by schedule i.one of the issues before the court considering the contentions of the parties was whether the amendment is by way of substitution or in the nature of clarification. ..... we are in agreement with the interpretation sought to be placed by the learned government pleader. .....

Vrandavandas Kikabhai Shroff and anr. Vs. Shri Khan, Mamlatdar and Agr ...

Court : Gujarat

Reported in : (1993)2GLR1202

..... relating to the imposition of ceiling on vacant land in urban agglomerations throughout the territory of india, it was competent for the parliament under entry 18, list ii of the seventh schedule not only to have the states specified in the schedule to the act where the law will extend, but also include the categorisation of urban agglomerations in respect of the whole of the territory of india' would go against the petitioners. ..... such person, be deemed to be the ceiling area, to be held by him in this state:provided that where any such person disposes of, at any time before the determination of ceiling area under this act, any land or part thereof so held by him in any other part of india outside the state in accordance with the provisions of law in force in such part, the area equal to the ..... the full bench of the bombay high court in the aforesaid decision, while construing the provisions of sections 3(1)(2) and (3), 6, 10(3), 21a, 40a and 43 a of the maharashtra agricultural lands ceiling act, 1961 struck down a portion of the provisions of section 3(2) of that act and a portion of section 43a and the effect of that decision was ..... 42 of list iii of the 7th schedule to the constitution, it was evident that the state legislature had legislative competence to enact the provisions for prescribing the ceiling on ..... the learned assistant government pleader, contended mat in view ..... the learned assistant government pleader also submits that the proceedings are not likely to get over in .....

State of Kerala represented by The Secretary, Department of Forest Thi ...

Court : Kerala

..... secondly, the scheme specified above is launched by the central government with the intention of providing electricity connection to the members of scheduled tribes and scheduled castes and therefore one cannot be heard to say that the central government has not taken into account the necessity of providing electricity connection to a tribe residing in a ..... learned counsel has also invited our attention to the relevant provisions of the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006, which is a central act extending to the whole of india, except the state of jammu and kashmir ..... line through the reserve forest is a non-forestry activity which requires prior approval of the government of india under sec.2(2) of the forest (conservation) act, 1980 and therefore without obtaining the prior approval, the drawing of line could not be effected to the house of the 1st respondent by the ..... , learned special government pleader has invited our attention to another division bench judgment of the bombay high court in 'vilas ..... state of maharashtra and others' [2008 khc 7467] and contended that no manner of activity inside the forest area can be carried ..... therefore, as provided under 5(iii), the persons who belong to sc/st are entitled to get connection free of cost if they are below poverty line ..... (iii) wherever sc/st population exists amongst bpl households and subject to being eligible otherwise, they will be provided connection free of cost and a .....

Narendra Keshrichand Fuladi and Another Vs. State of Maharashtra

Court : Mumbai

Reported in : (1985)IILLJ24Bom; 1985MhLJ1

..... bobde, the learned counsel for the petitioners, the amendment of the definition of 'commercial establishment' as contained under section 2(4) of the shops act by the amending act lxiv of 1977, enlarging the meaning of 'commercial establishment' so as to include establishment of any legal practitioner, could not be justified by entry 24 of list iii of the seventh schedule of the constitution of india and the state legislature has no competence to legislate on the subject by including the establishment of a legal ..... establishment' means an establishment which carries on, any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession and includes a society registered under the societies registration act, 1960, and a charitable or other trust, whether registered or not, which carries on whether for purposes of gain or not, any business, trade or profession or work in connection with or incidental or ancillary thereto ..... the position of the law as it stood in respect of the shops act, until the president's assent was received on 29th november, 1977, to the maharashtra act lxiv of 1977 and it was published on 3rd december, 1977, was that the professional activity of a legal practitioner was not such as could ..... the establishment of a legal practitioner in the bombay shops and establishment act, 1984 (bombay act lxxix of 1948), are struck down. ..... jaiswal, the learned assistant government pleader on behalf of the respondents .....

State of Maharashtra Vs. Prashant S/O Pritamkumar Shegaonkar

Court : Mumbai Aurangabad

..... 16 from schedule i annexed to bombay stamp act.ii whether in view of the interpretation of term, "instrument" made by hon'ble apex court in aforesaid case law, said clause of schedule i of bombay stamp act needs to be treated as invalid.iii whether due to interpretation of provisions of order 21 rule 94 of code of civil procedure in relation to the provisions of indian registration at made in 2007 scw 4080 ( b. ..... of cpc, i am not inclined to accept the same having regard to the proviso appended to section 113 of cpc which postulates that when there is a question before the civil court relating to the validity of any act, ordinance or regulation or any provision of an act which in its opinion is invalid or become inoperative but has not been declared by the high court as such, then only the civil court may state the case and refer the matte ..... the relevant provision in its applicability to be state of maharashtra reads thus :85 time for payment in full of purchasemoney : the full amount of purchase money payable, together with the amount required for general stamp paper of the certificate under rule 94, shall be paid by the purchaser ..... accordingly, the district government pleader was heard in the matter and, on consideration of the arguments, the learned principal distirct judge was pleased to recall the order passed earlier in respect of refund of stamp duty. ..... it was further ordered by the district judge that the amount be refunded only after hearing the district government pleader. .....

The State of Tamil Nadu Vs. Tvl. Sri.Ramtirth International

Court : Chennai

..... in the order passed under section 52(1) of the bombay sales tax act, 1959, the commissioner referred to the letter written by the director of ayurved, bombay, maharashtra state, that the oil is marketed as an ayurvedic medicine ..... used as creams, hair oils, toothpastes tooth powders, cosmetics, toilet articles, soaps and shampoos) but including:i) allopathic medicine.ii) other medicines and drugs includingayurvedic, homepathic, siddha and unani preparations.iii) medical mixtures or compounds the compounents of which have not already suffered tax.iv) surgical dressing which expression shall include adhestive plasters, adhesive plaster if paris and eangages, velrocoop eangages, elastro crape ..... the proceedings of the commissioner also referred to the certificate issued by the director of ayurveda, maharashtra state, who had also certified that ramtirth brahmi oil is an ayurvedic preparation and is not marketed as a hair oil and that it may ..... 2012 and submitted that as in the case of nycil prickly heat powder attracting levy of tax at 16% as falling under entry 1(iii) of part f of the first schedule, ramthirth brahmi oil is essentially a hair oil and even if medicated it is only a hair oil, by reason of explanation to part f of schedule i and the item in question is liable to be taxed at 16% only.5. ..... learned special government pleader placed before this court the decision reported in 14 stc 813 ..... learned special government pleader appearing for the revenue placed reliance on an unreported .....