Court : Mumbai
Reported in : (1915)17BOMLR1080
..... benches of this court. those dicta, therefore, require careful consideration. in queen. empress v. kanji bhimji i.l.r. (1892) bom. 184, decided soon after the amendment act, while parsons j. held that it was a question of fact for determination in each case whether account books were instruments of wagering; telang j. doubted whether they could ..... expression 'instruments of gaming' includes any article used as a subject or means of gaming'; and 'in this act the word 'gaming', whenever it occurs, shall include wagering' by the amending act of 1890. the question, therefore, which we have to decide is, whether the green book before us was used as a 'means' of 'gaming'; or ..... diffidence. speaking for myself, then, i agree with the decision in emperor v. lakhamsi. it is to be observed that the definition in section 3 of the act is an inclusive definition, the words reading that the 'expression 'instruments of gaming' includes any article used as a subject or means of gaming.' the whole argument .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1923Bom82; (1922)24BOMLR1284; 76Ind.Cas.115
..... the munim as to whether he was their agent duly authorized in that behalf as required by section 20 of the indian limitation act. in view of the fact that though the plaintiffs had the opportunity of amending the plaint, they omitted to raise this particular point i do not think that that ground could be allowed at this stage ..... crump, j.12. it is somewhat curious that the lower appellate court in this case came very close to applying article 85 of schedule i of the indian limitation act of 1908 without observing that that article was really applicable. the lower appellate court correctly described this account as a mutual account, but failed to observe what the ..... not have been intended. the difference appears more in the language used than in the meaning indicated. mutual dealings, such as are referred to in section 8 of act xiv of 1859 would ordinarily indicate a mutual, open and current account where there have been reciprocal demands. i shall not attempt in the present case to define as .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)ALLMR409; 2003(3)BomCR481
..... -notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of caste certificate) act, 2000. the second of them is the maharashtra municipal corporations and municipal councils, nagar panchayats and industrial townships (amendment) act, 2000. by the first of the aforesaid enactments, the state legislature has enacted provisions inter alia for the issuance of caste ..... , the provisions of several local acts including the mumbai municipal corporation act, the bombay provincial municipal corporations act, 1949, the city of nagpur corporation act, 1948 and the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 came to be amended by maharashtra act 11 of 2002. the act called the maharashtra municipal corporations and municipal councils, nagar panchayats and industrial townships (amendment) act, 2000 received the assent of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1941Bom205; (1941)43BOMLR258
..... of a certified copy thereof, the income-tax officer shall register the instrument and issue a certificate. since the coming into operation of the income-tax (amendment) act, 1939, rule 4 has been altered, and it now reads: 'if, on receipt of the application referred to in rule 3, the income-tax ..... whether the firm constituted under the instrument of partnership and stating the particulars contained in the instrument was a genuine partnership. the rule, as amended by the act of 1939, in terms gives power to the income-tax authorities to make the inquiry and determine whether the deed is genuine-and also whether ..... . . . . . . 2 annas5. ratnagauri c munim . . . . . . . . . . . . 3 annas6. nandkumar c. munim . . . . . . . . . . . . 2 annas7. charity . . . . . . . . . . . . . . . . . . 1 anna8. thereafter there came the amendment of section 16(3) of the income-tax act, in respect of shares standing in the name of a wife and minor son of a partner. on that provision being made in the income-tax .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1967Bom413; (1967)69BOMLR303; 1967MhLJ185
..... on january 19, 1933, further items were added. in 1942, the item 'manirai': was amplified to contain several other articles, and again the item 'kirana' was amended to include several other items. this went on until 1947. on may 11, 1962, the rules made under section 67, sub-section (5), imposing terminal tax under ..... be referable to services (whether of carriage or otherwise) rendered or to be rendered by some rail or air transport organisation. in the government of india act, 1935, and the constitution, the power to impose the terminal taxes so far imposed on goods transported between two terminate by local governments was done away with ..... time, and subject to the provisions of this chapter, impose in the whole or in any part of the municipality any of the following taxes, for the purposes of this act, namely- (a). . . . (b) . . . (c) . . . (d) . . . (e) an octroi on animals or goods brought within the limits of the municipality for sale, consumption or use within those limits: (f) . . .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1962Bom260; (1962)64BOMLR135; [1962(4)FLR294]; (1962)ILLJ464Bom
..... the said amendment became effective only from 1st april 1958, and that when the said demands which ultimately resulted in ..... of the work ' wages' in section 2(vi) of the payment of wages act did not include any remuneration to which the person employed was entitled to in respect of overtime work, but that the said definition was amended by the payment of wages (amendment ) act, 1957, so as to include in 'wages' payment for overtime work, that ..... for overtime has or has not been ordered with retrospective effect or not or whether the definition of 'wages' in the payment of wages act as it existed before its said amendment would or would not include payment of wages for overtiem. these are irrelevant considerations.(7) mr. kantawala, the learned counsel for the second respondents .....
Tag this Judgment!Court : Mumbai
Reported in : 1998ACJ965; 1998(4)ALLMR676; 1998(2)BomCR593; (1998)1BOMLR593; 1998(2)MhLj73
..... claims tribunal can very well exempt an applicant from payment of the fee payable on every application for compensation under section 166 of the motor vehicle act, 1988. this amendment is already on the statute book. under the circumstance, the ex-officio member of the motor accident claims tribunal should have become activist enough to extend ..... the ex-officio member of the motor accident claims tribunal should have granted exemption under sub-rule (3) of rule 257 of the maharashtra motor vehicles (second amendment) rules, 1996 and ought to have registered the claim petition.18. under the circumstance, the matter is remitted back to the ex-officio member of the motor ..... of powers conferred by clause (a) and (d) of section 176 of the motor vehicles act, 1988 and all other powers, enabling it in this behalf, the government of maharashtra has introduced second amendment in the maharashtra motor vehicles rules. this amendment has been made on 16th august, 1996. if regard is had to sub-rule (3) .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1938Bom372; (1938)40BOMLR461
..... time they conferred certain rights on the holders they cannot be precluded from taking away those rights by later enactment. government were fully aware when the amending act of 1913 was passed that survey settlements had been introduced between 1879 and 1913 in many villages. if they had intended that the position of those ..... on us. but apart from that it seems to be difficult to hold that by the amendment of 1913 the rights of the subjects or persons concerned were saved when the amendment was made. there is nothing in the amending act to suggest that the holders of lands in villages in which survey settlement was introduced before ..... 1913 would remain occupants notwithstanding the amendment made in 1913. government admittedly have the right to regulate relations between .....
Tag this Judgment!Court : Mumbai
Reported in : (1991)93CTR(Bom)36; [1991]189ITR359(Bom)
..... ignore the high court's decision in the reference. the decision, therefore, turns on the special provisions of the amending act. nevertheless, it is clear that a court cannot ignore the retrospective operation of a law which is in existence when it decides a matter.13. we ..... intention of the legislature of restoring the assessments and orders made earlier and hence the tribunal was entitled to take such retrospective amendment into account. the supreme court observed that, under the amending act, assessments at the enhanced rate were valid notwithstanding any judgment or order of any court. hence the tribunal was entitled to ..... , was required to consider a case where after the reference was decided by the high court and before the tribunal could act upon it, the law was amended retrospectively. the tribunal, thereupon, did not act on the basis of the decision of the high court under the reference. on the assessee moving the high court under article .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1985Bom94; 1984MhLJ910
..... the subordinate legislation being held on the table of the house of parliament or the state legislature and being subject to such modification, annulment or amendment as they may make, the subordinate legislation cannot be said to be valid unless it is within the scope of the rule-making power provided in ..... matters ancillary thereto including provisions regarding election expenses. section 60 confers powers on the state government to make rules for carrying into effect the purposes of the act. clause (d) of sub-section (2) of section 60, in particular, empowers the state government to make rules under section 14 for prescribing the ..... elected by members of the managing committees of the agricultural credit societies and multipurpose co-operative societies within the meaning of the maharashtra co-operative societies act, 1960, and the rules made thereunder, functioning in the market area and these shall be elected by members of village panchayats functioning therein'. besides this .....
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