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Ollala Kamlakar Lachaiah and anr. Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 2003(2)ALD(Cri)40; 2003BomCR(Cri)678; 2003(1)MhLj849

..... the inherent powers under section 482 criminal procedure code can be exercised by the high court either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae ..... a huge amount? bakkanna replied that the same would be used by them for purchase of fire arms and ammunition to fight the government and the police force, for the purpose of saving ourselves and for further establishing their party. thereafter sometime i feigned illness and escaped from the clutches of the naxalites i reached ..... :'3(3) : whoever conspires or attempts to commit, or advocates, abets, advises or incites or knowingly facilitates the commission of, a terrorist act or any act preparatory to a terrorist act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and .....

Commissioner of Income Tax Vs. Siemens Aktiongesellschaft

Court : Mumbai

Reported in : (2008)220CTR(Bom)425; [2009]310ITR320(Bom); [2009]177TAXMAN81(Bom)

..... with shipping operations and how the profits derived shall be taxable. article vii deals with tax on dividends. article viii deals with tax on interest on bonds, securities, notes, debentures or any other form in indebtedness.article ix deals with income from immovable property which includes any rent or royalty or other income derived from the ..... agreement to tax income which otherwise was not subject to tax. such income would not be subject to tax under the expression 'laws in force'. income covered by the provisions of the it act is subject to tax. the question which calls for consideration is article iii and articles v to xii of the dtaa. we have already ..... must consider the treaty by applying the ambulatory approach of interpretation and not static interpretation. it is submitted that considering article ii(2), the expression 'laws in force' as contained in dtaa, the ambulatory interpretation will have to be accepted and the amounts in issue will have to be held to be 'royalty' which is .....

Kamal D/O Bansidhar Ghatol Vs. Sawate Education Society and ors.

Court : Mumbai

Reported in : 2006(2)ALLMR64; 2006(2)MhLj675

..... 1-7-1991 but the management continued respondent no. 3 as incharge headmistress even during 1991-92 and on 1-7-1992 respondent no. 3 also secured necessary experience. the management thereafter appointed respondent no. 3 as headmistress in substantive capacity. the petitioner thereafter approached school tribunal and contended that while filling in ..... further states that chief executive officer who represents management was party respondent before school tribunal and as subject-matter of appeal was supersession, section 9 meps act does not prescribe any limitation therefor. he therefore states that judgment of school tribunal needs to be reversed and petitioner deserves to be promoted as headmistress ..... appealed against under sub-section (1) alone. however, when sub-clause (b) to sub-section (1) was incorporated by the amendment brought into force w.e.f. 7th august, 1987, the provisions of sub-section (2) regarding limitation were not amended and they remained as they were originally. this .....

Gordhandas Hargovandas and anr. Vs. Commissioner of Income-tax, Bombay ...

Court : Mumbai

Reported in : (1979)12CTR(Bom)19; [1980]126ITR560(Bom)

..... , with a sealed trunk which he deposited with the imperial bank at amritsar. he stayed at mussoorie till october, 1947, and came down to delhi. he secured premises for commencing business in february 1948, where he started gold and jewellery business. the first entry in the books of account of the assessee was dated march ..... currency notes of rs. 1,000 each which the assessee encashed on january 12, 1946, when the high denomination bank notes (demotisation) ordinance, 1946 came into force. a certain explanation had been offered by the assessee which the tribunal had rejected, holding against him. according to the high court, the tribunal rejected the explanation ..... assessee should be given an opportunity of doing so. on no account whatever should the tribunal base its findings on suspicions, conjectures or surmises, nor should it act on no evidence at all or on improper rejection of material and relevant evidence or partly on evidence and partly on suspicions, conjectures and surmises, and if .....

Atmaram Sakharam Kalkye Vs. Vaman Janardan Kashelikar

Court : Mumbai

Reported in : AIR1925Bom210; (1925)27BOMLR290; 87Ind.Cas.490

..... interest in or charge on such property.'20. turning next to mortgages, they are defined in section 58. then section 59 enacts that -'where the principal money secured is one hundred rupees or upwards, a mortgage can be effected only by a registered instrument signed by the mortgagor and attested by at least two witnesses.'21. ..... instrument signed by or on behalf of the donor, and attested by at least two witnesses and registered in british india under the law for the time being in force regulating the registration of document!).' moreover it is important to observe that sections 54 and 59 use the same expression 'registered instrument.' i think, therefore, that ..... section 3 as meaning 'registered in british india under the law for the time being in force regulating the registration of documents.' the law in force regulating registration at the date of the writing in this case was the indian registration act xvi of 1908.63. the point involved in the first of the two questions referred to .....

State of Maharashtra and ors. Vs. Ranjeet Construction

Court : Mumbai

Reported in : AIR1986Bom76; 1986MhLJ401

..... by the government and the acceptance was communicated to him at his head office situated at pune. the applicant was asked to deposit security amount within 10 days and he made the security deposit. upon such deposit by the letter dated 31-3-1979 addressed to his head office at pune, he was informed that his ..... in special leave petition no. 4148 of 1984. that petition was dismissed on 14-5-1984. of course, there is an observation that 'although there is considerable force in the submissions made on behalf of the petitioner that in the light of the recent pronouncements of this court, clause 30 cannot be regarded as arbitrary (arbitration ..... arising out of the contract for construction of the hostel block and staff quarters. by a letter dated 6th may 1983, the superintending engineer communicated his willingness to act as an arbitrator and requested the contractor to approach him in concurrence with executive engineer, p.w. south division, kolhapur within 8 days. the executive engineer, .....

Commissioner of Income-tax, Bombay City-ii, Bombay Vs. H.R. Aslot

Court : Mumbai

Reported in : [1978]115ITR255(Bom)

..... no significance because clause (ii) of section 47 expressly deals with a case of a dissolution of partnership. the material part of section 12b as it was in force at the material time provided as follows : 'the tax shall be payable by an assessee under the head 'capital gains' in respect of any profits or gains ..... in clause 10 of the award it was provided as follows : 'each of the parties hereto shall respectively sign, execute and do such further documents, deeds, acts and things as the other parties shall reasonably required for completely effectuating this award and that if any dispute or difference shall arise between the parties hereto or any ..... or in relation to any other matters whatsoever touching the partnership affairs, that dispute shall be referred to arbitration in accordance with the provisions of the indian arbitration act. each partner was to appoint an arbitrator for the arbitration. there was some dispute among the partners in the year 1959 and the disputes were referred to .....

Pukhraj Pannalal Shah and ors. Vs. K.K. Ganguly and anr.

Court : Mumbai

Reported in : AIR1968Bom433; (1968)70BOMLR231; 1968CriLJ1617

..... magistrate to communicate with the proper officers of customs and it provided that the magistrate should release any such person on his giving satisfactory security. section 104 of the act of 1962 restricts the exercise of the power of arrest to officers who are either generally or specially authorised by the collector of customs ..... , he raised a similar objection contending that his statement before the customs officer was not admissible in evidence because of s. 25 of the indian evidence act.4. these revisional applications are filled against interlocutory orders and normally it is not the practice of this court to interfere with such interlocutory orders. criminal ..... the code, is subject to the qualification 'subject to any enactment for the time being in force regulating the manner or place of investigating inquiring into, trying or otherwise dealing with such offence'. in our view, the act of 1962 is such an enactment which has provided its own procedure for investigating into offences .....

Baun Foundation Trust and anr. Vs. Faredoon Rustom Tirandaz and anr.

Court : Mumbai

Reported in : 2002(5)BomCR438

..... january, 2000 a learned judge of this court directed that the petitioners be put in possession of the suit flat as agent of the court receiver without royalty and security. 7. the case of respondent no. 1 is that from 1989 the respondents had been residing in the suit premises as a member of the family of the ..... application and not by a separate suit and for this purpose, the court shall, notwithstanding anything to the contrary contained in any other law for the time being in force, be deemed to have jurisdiction to decide such questions. in the state of maharashtra and goa, there is a bombay amendment which is not relevant for the discussion ..... a matter to be agitated by a separate suit. in other words, no other proceedings were allowed to be taken. it has to be remembered that preceding civil procedure code amendment act, 1976 right of suit under order 21, rule 103 of 1908 code was available which has been now taken away. by necessary implication, the legislature relegated the parties .....

Hindustan Petroleum Corporation Ltd., A Govt. of India Enterprises and ...

Court : Mumbai

..... and all the shares, assets and liabilities of the caltex india ltd. were taken over by the central government. the said act came into force on 30th december, 1976, being the appointed day. thus, even though the act was passed on 23rd april, 1977, from the appointed date, i.e., 30th december, 1976, caltex india ltd. was ..... kesavan and anr. : air 2004 supreme court 2206, the supreme court was called upon to consider identical provisions in the burma shell (acquisition of undertakings in india) act, 1976. in that case, question before the supreme court was whether without registration of the renewal deed, the government or its company bharat petroleum corporation ltd. could claim ..... india) ltd. and of the undertakings in india of caltex (india) ltd.] act, 1977) (hereinafter referred to as the caltex act). as per the provisions of section 7(1) of the said act, rights under any lease or tenancy or any other right to secure any premises for any purpose, which were held by the caltex india ltd. .....