Court : Mumbai
..... when it gives the third party purchasers the parent, impregnated seed is a service, and this is liable to be taxed under the relevant provisions of the finance act as amended, read with the rules that pertain to service tax. this is a central levy. the transaction between monsanto india and the third party with whom it deals is ..... v state of andhra pradesh (2011) 43 vst 323)is, however, well-founded. the facts of that case are that one g manufactured ready mix concrete to its customers specifications. dealers entered into contracts with g to provide a transportation service for ready-made concrete by hiring transit mixers. g was given access to a dedicated fleet of ..... control does not always mean physical control and even if the manner, method, modalities and the time of the use of goods is decided by the lessee or the customer, it would be under the effective or general control over the goods; (v) the approvals, concessions, licenses and permits in relation to the goods would also be .....
Tag this Judgment!Court : Mumbai
..... , 7b and 7c the power for disposing lands required for opening salt works was for the first time conferred upon the collector of salt revenue. the amendments of 1890 had no retrospective operation on lands that had earlier been granted by the revenue collector to private individuals the salt department did not assume any ..... 35. the petitioners state that government having treated the said lands as the absolute property of sir navroji vakil, the collector of thana intimated the commissioner of customs vide letter dated 14th november 1887 of orders having been issued to mamlatdarof bassein to enter in the government accounts the names of messrs nawroji pestoji and jehangirji ..... this conclusion is reached, the petitioners cannot be compelled to appear before him and defend the notices or submit to his power and authority under the act. the act itself is incapable of being invoked and applied to the petitioners herein. the matter before us is squarely covered by the principles laid down in the .....
Tag this Judgment!Court : Mumbai
..... added or substituted by the section 16 of the maharashtra cooperative societies (second amendment) act, 1969, with effect from 25th march 1969) 91. disputes. (1) notwithstanding anything contained in any other law for the time being in force, any ..... this court lacks jurisdiction in view of section 91 of the maharashtra co-operative societies act, 1960 ( mcsa ). it reads thus: (the struck out portions of the extract, not relevant for our purposes, were deleted by the maharashtra co-operative societies (amendment) act, 2013, with effect from 13th august 2013. the bold and italicized portions were ..... the provisions of the directive, that is surely enough. 75. further, mr. pai submits, relying on the supreme court decision in tata chemicals ltd. v commissioner of customs, (2015 (6) scale 419)there is no question of subjective satisfaction; the power to be exercised must be exercised in accordance with law or not at all. .....
Tag this Judgment!Court : Mumbai
..... cows, bulls and bullocks and to scheduled animals. (portion in bold letters added by the amendment act) 11. the amended section 5 reads thus: 5. notwithstanding anything contained in any other law for the time being in force or any usage or custom to the contrary no person shall slaughter or cause to be slaughtered or offer for slaughter any ..... cow, bull or bullock, in any place in the state of maharashtra. (added portion in bold letters) 12. sections 5a to 5d incorporated by the amendment act read thus: 5a. (1) no person ..... for the sake of convenience, we are reproducing sections 5 to 7 of the animal preservation act before its amendment which read thus: 5. notwithstanding anything contained in any other law for the time being in force or any usage or custom to the contrary no person shall slaughter or cause to be slaughtered or offer for slaughter any .....
Tag this Judgment!Court : Mumbai Nagpur
..... senior counsel, 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 with effect from ..... any prior technical sanction from an engineer designated or recognized by the state government as per the proviso to section 72, as it stood prior to 2012 amendment. he submits that this act on the part of the petitioners, apart from being violative of section 72, was also violative of clause 18 of the standing order no.36. according ..... granted. 23. in order to ascertain the correctness of these arguments, it would be necessary to briefly consider the unamended provision of section 72 of the said act and also it's amended version. in the unamended provision of section 72, there was a proviso which specifically put a cap of rs.40,000/- in the case of c .....
Tag this Judgment!Court : Mumbai Nagpur
..... is made available to the petitioner under that provision. the water policy has been elevated to a status of statue by 2011 amendment i.e. section 31b of the maharashtra water resources regulatory authority act, 2005. the water policy of state government and grant of water to the petitioner is deemed to be under section 31b. ..... be considered as adequate irrigation restoration charges. in paragraph no.11, the said division bench also takes note of the fact that the petitioner is paying block water tariff at a higher rate of rs. 32 per 10000 liters. paragraph no. 14 of the said order shows that amount of rs. 10 crores was deposited on ..... it [the insurance company] requires (sic) to satisfy the requirement of reasonableness and fairness while dealing with the customers. even in an area of contractual relations, the state and its instrumentalities are enjoined with the obligations to act with fairness and in doing so, can take into consideration only the relevant materials. they must not take any .....
Tag this Judgment!Court : Mumbai
..... under 1991 notification for construction of adarsh building. he was further put question namely, whether mczma's recommendation was condition precedent under crz notification as amended from time to time before moef or the state authority could grant environmental clearance for construction and he replied it in the affirmative. he was also ..... on 27.09.1996, moef approved coastal zone management plan (for short 'czmp') for maharashtra. moef issued notification dated 09.07.1997 (for short '1997 notification), amending the 1991 notification. on 12.11.1997, principal secretary to government of maharashtra addressed a letter to the municipal commissioner of municipal corporation of greater mumbai (for short ..... by sub-section (1) and clause (v) of sub-section (2) of section 3 of the e.p.act read with sub-rule (3) and (4) of rule 5 of the ep rules, the central government made amendments in 1991 notification and substituted clause (iv) as under: (iv) demolition or reconstruction of - (i) buildings .....
Tag this Judgment!Court : Mumbai
..... or before 30th september, 2013 such instrument which are executed prior to the commencement of the date of maharashtra tax law (levy and amendment) act 2013 (maharashtra act viii of 2013) in which proper stamp duty is not paid and to forward it to the collector for recovery and on failure to ..... has undergone a radical change by passage of time. in the modern era banks and financial institutions are undertaking multiple assignments for their clients, customers and constituents and others located nationally and internationally. a large number of dealings and transactions so also services rendered by banks and financial institutions resulting ..... financial institutions are not the only entities who are parties or the beneficiaries of the commercial contracts or agreements. there are various government authorities such as customs, excise, director general of foreign trade and private parties such as real estate companies, insurance companies, share brokers, mutual fund companies, telecom and .....
Tag this Judgment!Court : Mumbai
..... of seats to be filled in by direct election for the purpose of any general election held after the commencement of the maharashtra municipal corporations and municipal councils (amendment) act, 1993 : provided that, while making such reservation [one-half] of the total number of seats so reserved shall be reserved for women belonging to the ..... seats to be filled in by direct election for the purpose of any general election held after the commencement of the maharashtra municipal corporations and municipal councils (amendment) act, 1993. (c) the number of seats, if any, to be reserved for the scheduled castes or the scheduled tribes so that such number shall bear ..... the vast majority of population is illiterate and is the victim of ignorance, superstition, blind-faith, biases and prejudices, and is shackled by tradition, and irrational customs and practices, there is an urgent need to evolve means to unite and integrate the society, to expose the populace to larger and higher goals, to imbibe .....
Tag this Judgment!Court : Mumbai
..... a definite stand that they were working under the contract and the dispute that was referred to was the one which arose under the contract labour regulation act (clra), could not by amending claims statement take a contradictory and inconsistent plea that the contract was sham and bogus. it is held that it was in that context the supreme ..... double lock system as well as those of customs and only 30 days old cargo is only shifted over there. it is, therefore, denied by those 41 loaders received the 10 days old cargo from air ..... work performed by them is not absolutely the same. xii) the cargo is shifted through the departmental trucks under its double lock system as well as those of customs department. there is no specific number of manpower deployed to carry out the said shifting work and presently the cargo is shifted through the departmental trucks under its .....
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