Court : Mumbai Nagpur
..... colour and content of the label as may be specified.12th july, 2007 :the essential commodities (amendment) act, 2006 was notified whereby 'cotton seed' was deleted from the act, 1955. by the amendment, section 2-a was introduced in the essential commodities act whereby the central government retained the power to add/ remove any commodity to ..... consequently no sale of such seeds are regulated under section 7 of the seeds act, 1966; and whereas cotton seed is not an essential commodity within the meaning of the essential commodities act, 1955 as amended by the essential commodities (amendment) act, 2006; and whereas the provisions of the seeds (control) order, 1983 issued ..... years in terms of royalty charges from farmers, the fact that there are no further investments every year by the technology provider, the provisions of the competition act, 2002 (12 of 2003) which govern the trade, prohibit the abuse of monopoly and discrimination in charging royalty; and whereas, considering the said .....
Tag this Judgment!Court : Mumbai Nagpur
..... as much as challenge to s.41d has not been pressed and is given up by the petitioners. section 41c of the bombay dales tax act,1959 has been added to the statute book vide state amendment act xix of 1996 and come into force on 8.6.1995. its impact on 1979 sales tax incentive scheme as notified on 5.1.1980 ..... tax, the same is deemed to be extended also to the additional tax and turnover tax as they are based on sales. 24. section 41c has been added by maharashtra amendment act 12 of 1995 wef from 8.6.1995 and it reads:-- -section 41c- cancellation of certificate of entitlement (1) notwithstanding anything contained in this ..... , or (b) not being an unit referred to in entry (a) above, exceeds at any time, whether before or after, the date of commencement of maharashtra tax laws (levy, amendment and validation) act, 1995, the monetary ceiling as provided in the relevant package scheme of incentives. (ii) the period for which a certificate of entitlement was granted to an eligible unit, expires .....
Tag this Judgment!Court : Mumbai Nagpur
..... if the value of taxable goods sold or purchased during the year, is not less than rs. 10 thousand. these provisions contained in section 3 are as amended by the maharashtra act no. 14 of 2005 and 32 of 2006. as per section 63, an obligation is cast upon every dealer to maintain accounts. section 74 vide its sub- ..... required to shoulder it. but this is the effect of levy of lbt upon the petitioners. petitioners have not pointed out the resulting inequality or any unfair trade competition. 30. no data in respect of prices at which petitioner or these exempt dealers sold their product before 31.3.2015 or after 1.8.2015 is produced ..... cost of production goes up proportionately. other dealers who are not required to pay that tax, can therefore, legitimately sell their goods at lesser price, thereby creating unhealthy competition. 4. prayers in both the petitions are identical. main thrust is to urge that petitioners and other dealers are similarly situated and on the basis of annual turnover, .....
Tag this Judgment!Court : Mumbai Nagpur
..... and conditions of the agreements or documents executed or registered in favour of the occupants of the commercial shops or management agreement dated 05.10.2005 or amended agreement dated 20.07.2007 through which respondent no. 16 m/s. wockhardt hospitals pvt. ltd. ? what is the effect of withdrawal of its application dated 22.12.2006 ..... favour of respondent no. 9 sabha beyond 31.03.2021 following rule 8(2) of the land disposal rules, 1983 or then, to find new lessee through open competitive process ready to accept the subject plot in as is where is condition. 85. before parting, it is to be noted that impact of change to commercial purpose ..... that he learnt about illegalities on 26.03.2012 and those illegalities are continuous in nature. these assertions and explanation are apparently false and a petitioner claiming to act in public interest, with due vigilance and diligence could have taken steps immediately when he saw a huge building being constructed. there is no explanation for delay .....
Tag this Judgment!Court : Mumbai Nagpur
..... further submits that there has been no violation of any provisions of the act, 1965, much less section 72 of the said act. he submits that the provision of section 72, as it existed in the original act, came to be substituted by the amending act no. 15 of 2012 and the substituted section 72 came into force ..... the main opinion that it has to be fair, reasonable, non-discriminatory, transparent, non-capricious, unbiased, without favouritism or nepotism, in pursuit of promotion of healthy competition and equitable treatment. the judgments referred to, endorse all those requirements where the state, its instrumentalities, and their functionaries, are engaged in contractual transactions. therefore, all ..... (ii) savitri chandrakesh pal v. state of maharashtra and ors. 2009 (4) mh.l.j. 406; (iii) pradeep k.r. sangodkar v. state of maharashtra and anr. 2007 (supp.) bom. c.r. 544; (iv) joint commissioner of income tax, surat v. saheli leasing and industries ltd. (2010) 6 scc 384 and (v) anil rai vs .....
Tag this Judgment!Court : Mumbai Nagpur
..... the law makers do desire application of judicial mind to the question of even proportionality of punishment/penalty. i have said so because the industrial disputes act, 1947 was amended to insert section 11a in it to confer this power even on a labour court/industrial tribunal. it may be that this power was conferred ..... the tribunal while modifying the sentence has found that the appellant had put 30 years of service and had a brilliant academic record and was successful in competitive examination and was selected as classi officer. he was promoted after the disciplinary proceedings were initiated. it would be difficult to get the new job or ..... to his known source of income, as the evidence was not strong enough to lay prosecution under section 5 (1) (e) of the prevention of corruption act, 1947, the competent authority might proceed against the appellant in a departmental enquiry. in furtherance thereof, the departmental proceedings were initiated against the appellant. after giving a .....
Tag this Judgment!Court : Mumbai Nagpur
..... under articles 14, 19(1)(g) and 21 of the constitution have been abrogated by clause (5) of article 15 of the constitution and that the (ninety-third amendment) act, 2005 of the constitution inserting clause (5) of article 15 of the constitution is valid. it then proceeds to consider the issue of validity of article 21a of the ..... 'ble apex court comes into operation automatically. to show the law on the knowledge to state legislature about existing legal provisions, he draws support from (2010) 10 scc 744-(competition commission of india v. sail), air 1961 sc 1170-(j.k. cotton pinning and weaving mills co. ltd vrs state of uttar pradesh and others). (1999) 7 scc ..... 76-(gobind sugar mills ltd. v. state of bihar), (2007) 11 scc 756-(ghaziabad zila sahkari bank ltd. v. addl. labour commr). and 1984 mh.l.j. 598 (kranti-smrati adhyapak vidyalaya, satara vs. ashok bandopant lomate and others .....
Tag this Judgment!Court : Mumbai Nagpur
..... adan project and that the respondent no.5 is fully innocent. thus, there is a competition, nay the respondents take pride as well, to support the action of violation of constitutional mandate in relation to the seventy-third amendment in respect of panchayati raj institutions. the respondents have gone on record to say that ..... there is another aspect and which must be said to be unfortunate. in reply to the petition, an affidavit has been filed by respondent no.6 acting as a representative of state. no affidavit-in-reply has been filed by the respondent no.1 despite service. the petitioner approached the divisional commissioner - respondent ..... requesting him to transfer the entire allotted amount to the executive engineer, minor irrigation division no.2, karanja [lad], for carrying out the works in question, and acting on the instructions from the concerned mla, the chief executive officer issued an order on 30th may, 2012, directing the block development officer, panchayat samitee, karanja, .....
Tag this Judgment!Court : Mumbai Nagpur
..... the constitution, which is invoked beside the statute which is challenged and to decide whether the latter squares with the former'. 48) we accordingly hold that the provisions of amending act of 1976 have a direct and substantial relationship with the objects of article 39(b) and, therefore, are entitled to the protection of article 39c. if the impugned ..... air 1981 sc 234), wamanrao and others vs. union of india (air 1981 sc 271) and i.r. coelho (dead) by l.rs. vs. state of t.n. (2007 (2) scc 1) as well as commentary on constitutional law of india by an eminent jurist h.m. seervai. 14. shri manohar, learned senior counsel for the petitioners, submits that ..... non-business properties of the partnership firm. the said petition was dismissed by this court vide judgment reported in 2007 (1) mh. l.j. 68 (shivraj vs. state of maharashtra). this court held that in view of deeming provisions in the act, all the properties of the firm are covered by the said enactment. however, this court refused to .....
Tag this Judgment!Court : Mumbai Nagpur
..... cat had allowed the claim as above, after rejecting the contention of the petitioners that the last working day of the respondents was 31/03/1995 and the benefit of amendment made on and with effect from 01/04/1995 cannot be made available to them as they got retired on 31/03/1995. 3. heard the submissions at the bar ..... . a legal day commences at 12 oclock midnight and continues until the same hour the following night. this principle is in conformity with section 4 of the indian majority act. 6. another ruling in the case of union of india vs. george reported in 2004 (1) administrative total judgments 150 (kerala high court) is also pressed into service before us .....
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