Court : Mumbai
..... with stick-resistant coatings12%10%1.7.1982 to 30.9.1995 5. thereafter, on 1 october, 1995 substantial amendments were made to the bst act, as a result of which the schedules appended to the bst act underwent radical changes. in fact they were replaced by entirely new schedules altogether. schedule entry c-ii-17 relating ..... the applicant sold under its first invoice dated 12th january, 1995 ought to be classified under schedule entry c-ii-46b (non-stick cookware) and under the second invoice dated 6th february, 1996 under schedule entry c-ii-26. according to him, the products of the applicant would squarely fall in the aforesaid two entries ..... -staining and non-reactive with foods. it is highly abrasion resistant and will not scratch. the resulting finish, depending on the process, is the second hardest substance known to man, second only to diamonds. he, therefore, submitted that the products of the applicant have been correctly classified by the commissioner in its ddq order under schedule .....
Tag this Judgment!Court : Mumbai
..... (supra) also dealt with the selection of multiplier and the amendment introduced by the amendment act 54 of 1994, inter alia, inserting section 163-a containing a special provision as to payment of compensation on structured formula basis, as indicated in the 'second schedule' to the act. while dealing with these issues, it may be true that ..... should be made only in rare and exceptional cases involving special circumstances . [emphasis supplied] 89. whereas, in the decision of santosh devi vs. national insurance company limited and ors. (2012) 6 scc 421), while dealing with the issue of addition of additional income for the future prospects to a case where the ..... of 50% amount to the annual income of avani and kartik towards future prospects. 17. on these two grounds, learned counsels for the appellants-insurance companies have submitted that interference of this court is warranted. 18. per contra, learned counsel for the respondents-claimants have supported the awards on all the counts .....
Tag this Judgment!Court : Mumbai Aurangabad
..... hereby remits the fees payable by women litigants on any the plaints, applications, petitions, memorandum of appeals or any other documents specified in the first and second schedules to the said act, to be filed in any civil, family or criminal courts in respect of cases relating to (a) maintenance, (b) property disputes (c) violence and ..... the notifications issued by the government was claimed by her. learned single judge considered the following point:- "whether suits filed by women litigants as directors of company or as partners of firm will be eligible to get exemption of court fees in the pending matters due to the government notifications?" 4. the learned single ..... who files a petition for grant of probate of a will is exempted from payment of court fees as per government notification dated 1st october, 1994 duly amended by an explanatory notification dated 23rd march 2000?" 6. in the aforesaid case, the division bench considered almost all the cases decided by the learned single .....
Tag this Judgment!Court : Mumbai
..... period of limitation prescribed for the execution thereof by any law for the time being in force. 58. section 2 of the bombay amendment act xiv of 1939 provides that the amendment act shall apply to properties situated wholly or partly in the city of bombay (now mumbai) from the date of notification in the official ..... strengthened perpetuated and proliferated will instead be deracinated. although spoken in a totally different context, we are reminded of the opening stanza of the poem 'the second coming' authored by william butler yeats. the lines obviously do not advert to the principle of precedent but they are apposite in bringing out the wisdom of ..... dawn (supra). learned single judge reproduced para no.4 of the said judgment, which deals with the said question. 4. mr. roy chowdhury has secondly urged that an injunction restraining the defendant from transferring the suit property was absolutely unnecessary as no post-suit transfer by the defendant can adversely affect the result .....
Tag this Judgment!Court : Mumbai
..... additional duties of excise among the states. he also relies upon the amendments carried out to the second schedule to the ade act by amending act enacted by the parliament generally every five years. this is based on the report of the finance commission. the amending act, therefore, will indicate the inter-se share of the states from the ..... passed by respondent no.3. 3. the writ petition is filed by contending that the petitioner in this writ petition is a private limited company, incorporated and registered under the indian companies act, 1956, having its registered office at the address mentioned herein above. 4. respondent nos.1 to 4 are the authorities exercising powers ..... containing tobacco is ultra vires the presidential order and the constitution. he would submit that the state has also acted contrary to the judgment of the hon'ble supreme court in the case of atiabari tea company vs. state of assam air 1961 sc 232. he submits that once the legislative and constitutional scheme is .....
Tag this Judgment!Court : Mumbai
..... the interpretation proposed by us can be said to be in accordance with the intended purpose of the legislature. section 3 of the act, which defines previous year substituted by the direct tax laws (amendment) act, 1987 with effect from 1.4.1989, in effect did away with varying meanings of the term previous year and defined it ..... . in favour of the revenue. re : question (d) : 19. this question concerns treatment of the insurance claim received by the applicant assessee from the insurance company on account of loss of stocks-in-trade and other goods due to fire as business income of the assessee. this question has been decided by our court in cit ..... increase in the previous year (over twelve months) would result into a hardship or anamoly if the amounts or limits specified in the provisions of the act were not proportionately increased. secondly, proportionate increase in the amounts was a legitimate relief in such cases. there is no reason why we should not adopt the same approach in dealing .....
Tag this Judgment!Court : Mumbai
..... that a resolution has been passed enhancing the subscription, but the fact remains that the constitution has not been amended and without amending the constitution, the subscription at the enhanced rate is being collected. the aforesaid fact therefore also does not speak ..... was of the view that it is in the said proceedings that the issue would be decided. in tata electric companies officer guild's case (supra), a division bench of this court in view of the fact that the mistake in ..... labour commissioner (h.q.)'s case (supra), the division of the rajasthan high court held that before cancellation, a second show-cause notice was required to be issued. the division bench however further held that where contravention is of a different ..... the respondent no.1 therefore arrived at a conclusion that the petitioner union has willfully contravened the provisions of the said act, the regulations and its bye laws and therefore its registration is required to be cancelled and accordingly passed the order .....
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..... the appellant on the ground of suppression of material facts and on the basis of clause (a) of sub-section (1) of section 23 of the said act. secondly, we have heard him on the second part of the decree in relation to the suit flat. 14. the submission of the learned counsel for the appellant is that the learned judge of the ..... that the appellant is entitled to make an amendment. if such application is made, the learned judge of the family court shall decide the same in accordance with law after giving an opportunity of being heard to the respondent ..... and the respondent to lead further evidence only in so far as prayer clause(c) is concerned; (v) it will be open for the appellant to file an application for amendment of the petition confined only to prayer clause(c) of the petition. we, however, make it clear that this liberty should not be construed as a finding by this court .....
Tag this Judgment!Court : Mumbai
..... the film to proceed to completion and release, then the argument in equity must surely fail. for this reason, he submits, the amended provision (the second proviso to section 18(1) of the copyright act, 1957) can only ever be read to operate prospectively. i will leave this discussion here, simply because i do not see how ..... collecting society for collection and distribution and any assignment to the contrary shall be void. (emphasis added) 14. mr. abdi s submission is that this second proviso, introduced by an amendment of 2012 with effect from 22nd june 2012, only gives statutory voice to that which was recognised by sakhare, j in video master. consequently, in ..... the following order shows, he has often litigated his claims as the owner of copyright in a quite extraordinary number of cinematograph films. the 2nd plaintiff ( ifd ) is a limited company controlled by savani and his family. savani says ifd holds the sole and exclusive rights and licenses in respect of several films, the 15 .....
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..... of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 ( sarfaesi act ), where financial assets have been acquired by any securitisation company or reconstruction company under sub-section 1 of section 5 of the sarfaesi act. the 2nd proviso to section 15(1) of sica, 1985 reads thus: provided further ..... or receivables whether secured or unsecured. therefore, the intent of parliament when it introduced the two amendments to section 15(1) is clear. a special provision has been made in case of securitization and reconstruction companies, where a financial asset within the meaning of section 2(1) has been acquired after the ..... interim injunction restraining iob from proceeding under the sarfaesi act, on 8 december, 2012, the said sa was dismissed for default. thereafter, iob has assigned the debts owed by the company (in liqn.), in favour of arcil. arcil is in the process of amending / modifying the order passed by the magistrate on .....
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