Court : Mumbai
Reported in : 2006(5)BomCR74
..... to be a pil and they claim that they have filed it as the rate payers in their personal capacity.chapter viii-a was inserted in the mhada act by maharashtra act no. 21 of 1986. this chapter provided for acquisition of cessed property for cooperative societies of occupiers and was to apply to all the cessed buildings which ..... hold as above on the main prayer of the petition, we have to look into the rights of the occupiers. chapter viii-a was inserted in the mhada act by maharashtra act no. 21 of 1986. this chapter provided for acquisition of cessed properties for cooperative societies of occupiers and was to apply to all the cessed buildings which were ..... padsha and his mother vacated the tenement in 1979-80. father of khush gupta died in 1983-84 and the tenement was vacated by his family members. khubchandani died in 1978. a.p. antia died in 1980. nobody has stayed thereafter from these families.15. as far as the firms vishakha diamonds, jatashree foods, prafulla share custodian, quit agro .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)BomCR243
..... the election. to overcome the confusion regarding the definition between the application and the petition, a new definition of an application was inserted in the limitation act, 1963 which defined it to include a petition. the object of the new definition is to provide a period of limitation for original applications, interlocutory ..... be a person amenable to ordinary civil jurisdiction.further the trial court has rightly relied upon section 403(4)(a) of the bombay provincial municipal corporation act, which pertains to the procedure in election inquiries and provides 'all applications received under section 16 in which the validity of the election of councillors ..... clauses, while in reference individuality is maintained, courts have interpreted such reference to be as persona designata. in proceedings for eviction under the bombay municipal corporation act, when an appeal is provided under section 105, it is referred to the 'principal judge' of the city civil court. even under the provisions .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)MhLj856
..... by the courts. parliament felt the necessity to make the offence compoundable and thus inserted section 147 by the negotiable instruments (amendment and miscellaneous provisions) act, 2002 (act 55 of 2002). this clearly indicates that the power of compounding has to be exercised within its restricted scope. a crime being a public wrong in ..... which was given a strict textual meaning in a.k. gopalan's case : 1950crilj1383 received an enlarged interpretation in maneka gandhi v. union of india : [1978]2scr621 in which it was held that procedure established by law in article 21 has to be reasonable and not violative of article 14 and that the concept ..... as a condition precedent to the exercise of such powers. criminal proceedings are initiated by reporting to the concerned police station the commission of a criminal act, by registration of an fir and/or by institution of a complaint before the court of competent jurisdiction. enquiry, investigation and judicial proceedings including trial .....
Tag this Judgment!Court : Mumbai
Reported in : [2001]247ITR727(Bom)
..... of the partners of the assessee-firm, particularly in view of the fact that different individuals could not have got the idea of acquiring gold in the assessment year 1978-79 and declaring such gold under the amnesty scheme by filing their returns on the same day, viz., march 30, 1987, and thereafter getting the gold convertedinto ..... that the sales to the firm were not genuine. hence, the tribunal erred in dismissing the miscellaneous application filed by the appellants under section 254(2) of the act.findings :at the outset, it may be mentioned that there is a difference between source of income and genuineness of the sale of ornaments by the individuals in ..... march 27, 1987. thereafter, all 18 individuals sold the said jewellery to the assessee. the assessing officer summoned all 18 individuals under section 131 of the income-tax act. 14 out of the 18 individuals attended the office of the assessing officer. they stated to have sold the jewellery to the assessee-firm. that, the jewellery was .....
Tag this Judgment!Court : Mumbai
Reported in : (2006)206CTR(Bom)562; [2007]288ITR614(Bom)
..... of palm jaggery were exempted partially from sales tax, but not those concerning sale of cane jaggery. the relevant provisions of the tamil nadu sales tax act were challenged. the apex court noted that cane jaggery and palm jaggery are commercially different commodities. palm jaggery comes under the purview of khadi and village ..... mentioned, be chargeable on the full amount of the emoluments falling under that case, subject to such deductions only as may be authorised by the income tax acts, and the expression 'emoluments' shall include all salaries, fees, wages, perquisites and profits whatsoever. the house of lord held that the travelling allowance paid by ..... approved by the central government or the insurance regulatory and development authority established under sub-section (1) of section 3 of the insurance regulatory and development authority act, 1999 (41 of 1999) for the purposes of section 80d; (v) any sum paid by the employer in respect of any expenditure actually incurred .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(3)BomCR896; 2009(111)BomLR479
..... came into force on 21.4.1972. some remaining provisions which were accepted came into force from 1.4.1978. therefore, considerable changes were made by 1970 act in contrast to the patents and designs act 1911. the act was amended again in march 1999 and june, 2002 to meet india's obligations under the agreement on trade ..... of a patent does not confer any right on the appellant particularly because in the instant case registrations were granted by default and at any rate the act categorically provides for revocation thereof and respondent no. 1 has specifically taken a defence making out a case of revocation or for making the patents ineffective for ..... contracts are signed on behalf of the president of india which is an authority in favour of respondent no. 1 as contemplated by section 100 of the act. the appellant did not even provide complete specifications of the patents without which there cannot be adjudication about alleged infringement. the patents claimed by the appellant are .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR1045
..... include appointment or power to appoint. the legislature consolidated the law relating to companies and amended certain provisions of the pre existing law and enacted the companies act of 1956 and it used to same words assign and assignment in s. 312 it would therefore be reasonable to conclude that by repeating these words, ..... a director and a managing director by express words of qualification and it is impossible to say that the expression director wherever it is used in the act excludes a managing director. the definition of director is rather comprehensive than restrictive. now these expressions which are definied by the legislature are always to be ..... the assignment of office of a managing director. section 312 is one of a group of three sections headed miscellaneous provisions. chapter ii of the companies act deals with directors. learned counsel for the self appellants has drawn our attention to certain sections where the legislature has referred to a director and certain sections .....
Tag this Judgment!Court : Mumbai
Reported in : (2004)188CTR(Bom)232; [2004]267ITR488(Bom)
..... in the case of ctt v. suessin textile bearing ltd : [1982]135itr443(guj) , wherein while deciding the claim of the assessee under 1961 act, struck a dissenting note and observed that practical commonsense approach keeping in view the commercial expediency should be adopted to find out legislative intent62. explanation (b ..... which is akin to sale is also deemed to be a sale as per the said constitutional amendment. the statement of object and reasons of the constitution (forty-sixth amendment) act, 1982, amongst others states as under:'1. ..... ..... .......2. ...... ...... .......3. ....... ....... .......4. ....... ........ ......5. ......... ........ ........6. device by way of lease of ..... of exhibition rights can very well be covered by the phrase 'goods' for the purpose of export under section 80hhc(f) that under the customs act and also under the indian trade classification (which follows the hsn system for classification) 'cinematographic items and tapes' have been termed as 'goods' .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(5)BomCR670; 1999CriLJ2194
..... das, j., the matter arose out of an application for quashing the four criminal cases pending in the court of the metropolitan magistrate since 1978 under the drugs & cosmetics act, 1940. the magistrate had allowed the prosecution to examine further witnesses. this court dismissed the application against the said order holding that there ..... inter alia, considered its earlier decisions in (i) a.k. gopalan v. state of madras, : 1950crilj1383 , (ii) maneka gandhi v. union of india a.i.r. 1978 s.c. 567 (iii) hussainara khatoon v. home secretary, state of bihar, : 1979crilj1036 and (iv) state of maharashtra v. champalal punjaji shah, : 1981crilj1273 . in the ..... and (ii) were also inapplicable to other offences like smuggling, foreign exchange violation, offence under the n.d.p.s. act, 1985, essential commodities act, 1955, food adulteration act and under the acts dealing with environment and other economic offences. placing reliance on the decision in common cause no. ii, it was contended that the .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR736; 2007(3)BomCR898
..... workers are not apparent and all requirements in this respect are to be fulfilled before effecting recovery. expenditure shown as wages in balance sheet has been acted upon without verifying the actual part thereof appropriated towards payment of wages by employer. the quantification of amount without identifying beneficiaries or any attempt to ..... the works department of orissa government has been held to be not an 'industry' under section 2(j) of industrial disputes act after applying the principles laid down by hon apex court in : (1978)illj349sc i.e. (bangalore water supply and sewerage board v. a. rajappa. in paragraph 12 of the report it is ..... considered the definition of employee and held that the legal adviser has by observation that element of permanency or semi permanency is essential for coverage in the act has gone beyond the issue of clarification and has rendered legal provision itself inapplicable. according to him main consideration was whether there existed any nexus between .....
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