Court : Mumbai
Reported in : 1986(2)BomCR721; 1986(24)ELT449(Bom)
..... contact the concerned collector of central excise in the matter to whom the necessary instructions had been issued. as directed by the under secretary of the ministry of finance, the company wrote to the collector of central excise, aurangabad collectorate on 23rd december, 1983 informing him that they have exercised an option of not ..... show cause notices dated 17th december, 1983 and 19th january, 1984, was granted. on 27-2-1985, the petitioner company furnished a bank guarantee for rs. 80,00,000.00.8. the excise act is a complete code relating to the central duties of excise on goods manufactured or produced in the country and separate ..... manufactured, the correspondence entered into by the petitioner with the government and the collectorate, the practice of issuing exemptions under section 25(1) of the customs act and the propriety of conferring an option by delegated legislation on an assessee to elect between two rates of taxes needs a detailed examination. writ jurisdiction would .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)ALD(Cri)9; III(2003)BC613; 2003BomCR(Cri)1713
..... in article 21 of the constitution ofindia. it is further held by the supreme court in the case of hussainara khatoon and ors. v.home secretary, state of bihar, patna, : 1979crilj1045 , that the state is under aconstitutional mandate to ensure speedy trial and whatever is necessary/or this purpose hasto be done ..... is not proper to keep the sword of prosecution hanging on the heads of the accused persons. 14. in the case of hussainara khatoon and ors. v. home secretary, state of bihar, patna, : 1979crilj1036 , the supreme court has held that speedy trial is an integral and essentialpart of the fundamental right to life and liberty enshrined ..... a view to speeding up disposal of cases; (vii) to make the offences under the act compoundable; (viii) to exempt those directors from prosecution under section 141 of the act who are nominated as directors of a company by virtue of their holding any office or employment in the central government or state government or a financial .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2002Bom268; 2002(3)ALLMR27; 2002(4)BomCR733; (2002)3BOMLR847
..... to theinstitute and upon fulfilment of requisiteconditions including the no objection from the barcouncil of maharashtra, shri khatri was issuedcertificate of practice by the institute inaccordance with the company secretaries act, 1980( for short 'the act of 1980') and the companysecretaries regulations, 1982 ( for short 'theregulations') for the period from 31st october,1986 to 30th june, 1987. the certificate ofpractice issued to shri khatri was renewed ..... rival case set up by theparties and also considered the provisions of theact of 1980 and the regulations and some of therelevant provisions of the companies act, 1956.6. the company secretaries act, 1980 ( actof 1980) was made to provide for regulation anddevelopment of the profession of companysecretaries. section 2(1) defines variousexpressions, inter alia, 'company secretary' meansa person who is a member of the institute;'council' means the council .....
Tag this Judgment!Court : Mumbai
Reported in : [2002]122TAXMAN532(Bom)
..... of requisite conditions including the no objection from the bar council of maharashtra, shri khatri was issued certificate of practice by the institute in accordance with the company secretaries act, 1980 (hereinafter referred to as 'the act') and the company secretaries regulations, 1982 (hereinafter referred to as 'the regulations') for the period from 31-10-1986 to 30-6-1987. the certificate of practice issued to shri ..... case set up by the parties and also considered the provisions of the act and the regulations and some of the relevant provisions of the companies act, 1956.6. the company secretaries act, was made to provide for regulation and development of the profession of company secretaries. section 2(1) defines various expressions inter alia 'company secretary' means a person who is a member of the institute; 'council' means the .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR737
..... to the effect of that provision is indicated by the word 'personally' in section 501. when section 501 was introduced, before the repeal of the parliamentary secretaries act 1980 (cth), it could not have been though that anyone other than the portfolio holder would exercise the power. the requirement in section 501(3) that the ..... for the purpose of granting perks and benefits, they have been placed at parity with ministers. this is primarily a decision of the government and those companies collectively and is based on policy decision. such appointments, where equivalence is granted per se, may not infringe the limitations imposed under article 164(1a) of ..... assigning any functions of the equated posts. for example, respondent nos. 5 to 7 have been appointed as chairman, deputy chairman and commissioner of different companies/corporate sectors/departments owned or run by the state of goa in accordance with the articles of association and memorandum and service rules framed in exercise of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2001Bom470; 2001(3)ALLMR668; 2001(4)BomCR417; 2001(4)MhLj483
..... exclusion of the jurisdiction of the civil court is not to be readily inferred, but that such exclusion must either be explicitly expressed or clearly implied' said lord thankerton in secretary of state v. mask & co., and this proposition of law has been reiterated with approval in all the subsequent judgments. in the pabbojan tea co. ltd. v. ..... before this bench by an order of the hon'ble chief justice in exercise of the powers under rule 28 of the high court of judicature original side rules. 1980 for the said notice of motion could be more advantageously heard by this bench along with letters patent appeal nos. 112 of 1998 and 121 of 1998 for ..... 51 of the bombay rentact makes it clear that it is an act which is cognate and pan' materia with section 41 of the presidency small cause courts act, 1882. further, by the application of principle of noscitur a socits, the expression 'licensor' and 'license' being in the company of the expressions landlord and tenant and recovery of license fees .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951
..... the power of the central government over the forest increased. this major change reflected the concern of the central government for natural resources. the forest (conservation) act, 1980 provided for effectively preventing diversion of any forest land for non-forestry purpose.79. by the 42th amendment, article 48a was introduced in the constitution where ..... i say that by the said order the division bench had issued a direction in paragraph which for convenience sake is quoted herein under.the chief secretary of the state is directed to issue circulars within three weeks to the district collector and magistrate and other concerned officials directing them to complete the entire ..... june, 2007 particularly paragrapah 1(h) of the said affidavit.53. mr.khambata submits that in municipal corporation for the city of pune v. bharat forge company ltd. : [1995]2scr716 , the hon'ble supreme court of india has applied the doctrine of desuetude in respect of notifications issued and gazetted in 1918 .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)
..... prior to the construction activities and that the stipulated environmental procedures are followed. again the similar letter dated 16th june, 2005 was addressed by the special secretary of ministry of environment and forests mentioning categorically that the development of textile mills land in mumbai covering 600 acres will have serious implications on the ..... redevelopment of mill land and/or shifting or modernisation, to make resources available to the owners of sick/closed mills or to companies which were declared as sick under the sica act in order to meet the liabilities. the state and the city also gained some open space for mcgm and mhada under the ..... one cannot lose sight of the fact that the development plan cannot remain static or frozen forever. referring and relying upon the decision of this court reported in 1980 bcr 590 - the state of maharashtra v. shri. mahadeo pandharinath dhole and ors., the learned advocate general has brought to our notice the following observations .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2008Bom10; 2007(6)ALLMR681; 2008(2)BomCR303; (2007)109BOMLR2020; 2007(6)MhLj407
..... bramhpuri, had been proposed and approval for such prosecution was sought from the competent authority for violation of the forest (conservation) act, 1980. the further affidavit of the chief secretary, dated 2-9-2006, shows that the state government has come to the conclusion that shri ghonmode cannot be prosecuted under the ..... shri ashok shivshankarsingh tehere, chief engineer, nagpur rural zone, maharashtra state electricity distribution company ltd., chandrapur, shows that the officers concerned have been chargesheeted in departmental proceedings and have been departmentally punished. the affidavit of chief secretary dr. d.k. sankaran dated 2-9-2006 shows that the show cause notices ..... in fact been launched. since, as the matter stands, the state seems to be inclined to prosecute the officers of electricity distribution company for contravening forest (conservation) act, we believe that the prosecuting agency would also give a chance to respondent no. 5 to clear his name by arraying him .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(5)BomCR481; (2005)107BOMLR983; [2005]128CompCas196(Bom); 2005(4)CTC705; 2005(4)MhLj5; [2005]64SCL589(Bom)
..... entities, the state law penalises a species of default - a fraudulent failure to repay - which is clearly within the purview of the sanctions imposed by the companies act, 1956. the state law regulates by imposing penal sanctions on transactions which parliament has regulated by the imposition of sanctions. the penalties which the state law envisages ..... machinery that would be effective in realising the dues of depositors. the reserve bank of india, it was submitted, addressed a letter to the chief secretary to the state government on 12th august 1998 requesting that a suitable legislation can be considered on the model of the tamil nadu protection of interests of ..... on home affairs and similarly provided thus :'the committee welcomes the amendment proposed to be made through this clause in section 58a of the companies act, 1956, to debar such companies as default in making timely repayment of deposits to the public from accepting further deposits till the default in this behalf is made good .....
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