Court : Mumbai
Decided on : Jun-10-2013
..... to exclude proportionality was a conscious decision of the state government to encourage incentives in less developed areas and to ensure dispersal of industries; -(v) the amending act of 2009 does not validate something which was done in the past nor does it effectuate an earlier intent of the legislature. retrospective effect can be given ..... (1 april 2005), then from the appointed day and in any other case, from the date of effect mentioned in such certificates. 13. section 5 of amending act 22 of 2009 contains a validation and savings provision which is as follows: 5. (1) notwithstanding anything contained in any judgment, decree or order of any ..... the benefit, which is unreasonable.; -(vi) for the subsequent years, the assesee cannot collect the tax from its customers because the legislation contemplates that it should have been collected earlier; -(vii) the retrospective amendment to section 93 does not seek to remove an ambiguity or to correct a cause of invalidity but in essence seeks .....
Tag this Judgment!Court : Mumbai
Decided on : May-06-2013
..... intended to make the existing anti-corruption laws more effective by widening their coverage and by strengthening the provisions. 2. the prevention of corruption act, 1947, was amended in 1964 based on the recommendations of the santhanam committee. there are provisions in chapter ix of the indian penal code to deal with ..... general body. 21) the question, therefore, would be as to whether the provisions of the banking regulation act which were introduced by the banking regulation (amendment) and miscellaneous provisions act, 2004 (24 of 2004) amending some of the provisions bringing into its sweep regulating control over societies which transact banking business, are attracted in ..... or illegality resulting in manifest injustice. 24. in this context, it would be worthwhile referring to the p.c. act, 1988. 25. the p.c. act is an act to consolidate and amend the law relating to the prevention of corruption and for matters connected therewith. 26. the statement of objects and reasons to .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-23-2013
..... this court cannot confer jurisdiction or an authority on a tribunal. in that case this court held that constitution bench has no power to give direction contrary to criminal law amendment act, 1952. the direction per majority was held to be void. 23. the learned counsel for the respondents also placed reliance upon the judgment of supreme court in case ..... appearing on behalf of the respondents on the other hand submits that the multi state co-operative societies act, 2002 came into force w.e.f. 19th august, 2002 and under section 22(5) (a) of the said act once the amendment of bye law has been registered by the central registrar, the co-operative society shall as from the ..... date of registration of amendment becomes a multi state co-operative society. it is thus submitted that the date on which the .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-11-2013
..... same would be applicable to pending cases. answering the question in the affirmative this court speaking through a.s. anand, j. (as his lordship then was), held that amendment act 43 of 1993 was retrospective in operation and that clauses (b) and (bb) of subsection (4) of section 20 of tada apply to the cases which were pending investigation ..... as a ground for denying the vesting of powers or for declaring a statute unconstitutional. (see: state of rajasthan v. union of india, (1978) 1 scr 1, collector of customs v. nathella sampathu chetty, air 1962 sc 316, keshavananda bharati v. state of kerala, 1973 (4) scc 225; mafatlal industries v. union of india, (1997) 5 scc ..... lawmakers have in fact not resorted to a straight jacket formula. the reason for this being that while the constitution recognizes the need for every state to have its custom made laws adapted to its own state and people, the parliament as an overseer must, in arenas which affect the nation as a whole, make such laws which .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-14-2013
..... dastoor and substituting it by putting the name of the present petitioner mr. doctor. ............................. 18. the decision cited will have to be distinguished on facts. the amendment sought in that case amounted to completely replacing the original accused on the ground that he had not been correctly described. stated differently the complaint had been filed ..... before the learned single judge in the decision cited arose out of complaint filed under section 138 of the negotiable instruments act, 1881, in which an application had been filed, after about four years, to amend the complaint in order to correct name of the accused from shri. b.s. dastoor to behram s. doctor. ..... will have to be made as regards the proceedings under section 630 of the act. otherwise the object and purpose of the provision would get defeated. besides in the facts of the case bringing the petitioner on record will not amount to amendment of the complaint. 19. mr. gupte on the other hand expresses a concern .....
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