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Anuradha Sridhar Vs. Dr.Umesh M. Thakkar

Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

..... 25/02/1997. the complainant strongly feels that she would not have lost her husband, if the attending doctor had made an early diagnosis of the cause of illness and acted promptly. she alleged medical negligence on the part of dr.thakkar/o.p. according to her following are the reasons why she has drawn conclusion that there was gross negligence ..... and there was no want of skill or want of care on the part of dr.thakkar in treating s. sridhar till his ultimate demise on 25/02/1997. thus, acting upon the affidavits of two experts filed by dr.thakkar and discarding the affidavit given by dr.pusalkar on behalf of complainant, we hold that there has been no negligence .....

Dr. Arjun Sitaram Nitinwar Vs. Rama Sakharam Parad and Others

Court : Mumbai

..... which, and if they have been executed on or after the date on which, act no.1864 (xvi of 1864 ), or the indian registration act, 1866 (20 of 1866 ), or the indian registration act, 1871 (8 of 1871 ), or the indian registration act, 1877 (3 of 1877 ), or this act came or comes into force, namely:- (a) instruments of gift of immovable property; ..... payment of proper stamp duty, ought to impounded the document and sent it to the superintendent of stamps for adjudication as mandated by section 33 of the stamp act. 7 having heard the learned counsel for the parties, i have considered the rival contentions. the two grounds on which the document in question has been held ..... 5 the learned counsel mr. godbole made the following submissions: (i) that the said document was not compulsorily registrable under section 17(1)(b) of the registration act as by the said document there is no transfer of property. (ii) the covenants of the said development agreement indicate a nature of right creating in favour of .....

Amol S/O Late Bhalchandra Joshi and ors.Vs. Deorao S/O Santoshrao Bhon ...

Court : Mumbai Nagpur

..... a district in which, and if they have been executed on or after the date on which, act xvi of 1964, or the indian registration act, 1866, or the indian registration act, 1871, or the indian registration act, 1877, or this act came or comes into force, namely,--(b) other non-testamentary instruments which purport or operate to create, ..... right of ownership of immovable property. it does not require any consideration, which is apparent from the provisions of section 130 of the transfer of property act itself. apart from that, the judgment reproduced above also holds that no consideration is required for assignment. the assignment is to be effected by executing an ..... the relevant observations in the said judgment, contained in para 90 thereof, are reproduced below :"... this chapter was remodelled and the sections were rearranged and modified by act ii of 1900. the definition of "actionable claim" contained in s. 130 was transferred to s. 3 which runs as follows :--'"actionable claim' means a .....

Dr.Mrs.Seema Ajay Bhoosreddy Vs. the State of Maharashtra

Court : Mumbai

..... its own facts and circumstances. 28. abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. the intention of the legislature and the ratio of the cases ..... dealt with the dictionary meaning of the words "instigation" and "goading". the court opined that there should be intention to provoke, incite or encourage the doing of an act by the latter. each person's suicidability pattern is different from the other. each person has his own idea of self-esteem and self-respect. therefore, it is ..... allegations in the various statements recorded by the prosecution on its face value, it cannot be said that the prosecution is in a position to point out any act which would amount to instigation, aid or abetment by the applicant to the deceased sneha to commit suicide. he submits that the material placed on record by the .....

Sudhakar Raghunath Deshpande Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Mumbai

Reported in : (2006)(3)SLJ384CAT

..... from these even with the consent of the railway servant, the same shall be recovered from retirement, death, terminal or service gratuity which are not subject to the pensions act, 1871 (23 of 1871). it is permissible to make recovery of government dues from the retirement, death, terminal or service gratuity even without obtaining his consent, or without obtaining the consent of the ..... -rule shall be made subject to the conditions laid down in rule 8 being satisfied from recurring pensions and also commuted value thereof, which are governed by the pensions act, 1871 (23 of 1871). a recovery on account of item (a) of sub para (i) which cannot be made in terms of rule 8, and any recovery on account of sub-clauses items .....

Patsons Properties (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1991)37ITD115(Mum.)

..... is situate in a district in which, and if they have been executed on or after the date on which act no. xvi of 1864, or the indian registration act, 1866, or the indian registration act, 1871, or the indian registration act, 1877, or this act came or comes into force, namely :- (b) other non-testamentary instruments which purport or operate to create, ..... situate in a district in which, and if they have been executed on or after the date on which, act no. xvi of 1864, or the indian registration act, 1866, or the indian registration act, 1871, or the indian registration act, 1877, or this act came or comes into force, namely:- (d) leases of immovable property from year to year, or for ..... helps the court, having regard to the other circumstances, to ascertain the intention of the parties. (cit v. panbari tea co. [1965] sc 1871 (1873, a case under the income-tax act). shri a.k. lal, learned counsel for the appellant vide his letter dated 31-7-1987 had submitted that the lease rent for the entire .....

Reliance Industries Ltd. Vs. Ddi (international

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)3SOT501(Mum.)

..... , the courts were dealing with the constitutional validity of the provisions as opposed to the validity of subordinate legislation with reference to the provisions of the act itself. learned standing counsel does fairly admit that the supreme court decision referred to above does provide that even in a reference proceeding, if the subordinate ..... section 10(15)(iv)(f) does not prescribe the condition of, "end-user", therefore, the central govt.cannot go beyond the provisions of income tax act by imposing an another condition of utilization of funds directly for the industrial development. in this regard he has clarified that the funds were definitely utilized towards ..... of clarity reproduced below : "1. the learned commissioner(a) erred in passing an order, confirming the stand of the assessing officer under section 248 of the act.the appellant submits that the order of commissioner(a) is bad in law, illegal and without application of proper facts in its proper prospective.2. the learned .....

Nav Maharashtra Chakan Oil Mills Vs. Cc

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2002)(104)LC549Tri(Mum.)bai

..... collector of customs having territorial jurisdiction over the place of seizure has jurisdiction to grant extension of period under the proviso to section 110(2) of the act.11. we, therefore, find no hesitation in holding that the orders passed by the lower authorities are perfectly justified in the facts and circumstances of the ..... passed only by a competent proper officer having territorial jurisdiction over the place of import or clearance. the notice referred to in section 110(2) of the act and the proviso thereto is such show cause notice preceding adjudication. necessarily it is only the collector of customs who or whose subordinate officers can issue the ..... was conducted on the basis of specific information.appellant accepted the shortage in raw material and voluntarily paid customs duty.6. in appeal 165/91 the collector acting as original authority has held that shortages has been established and imposed the penalty. the onus is only on the appellant to explain the shortages as only .....

Reliance Industries Ltd. Vs. Deputy Director of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)98TTJ(Mum.)856

..... were penalized without any fault on their part. the action of the withdrawal of exemption was illegal, improper, unwarranted and against the provisions of the it act, learned authorised representative has concluded.11. on behalf of the revenue, learned departmental representative, shri o.p. sharma appeared and also strongly supported the ..... was utilized instead of wasting foreign corpus. at this juncture learned authorised representative has also clarified that since the exemption had been withdrawn under the it act, therefore, this action of the government is subject to appeal before the tribunal. learned authorised representative has further advanced his arguments that once ..... representative there was no such condition for utilization of ecb for the specified end-use. according to learned authorised representative, the assessee-company has acted upon in the manner prescribed earlier with the understanding that the exemption under section 10(15)(iv)(f) was available.7. on rejection of .....

Century Enka Ltd. Vs. Collector of Central Excise and

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (1994)(69)ELT44Tri(Mum.)bai

..... is issued, the same has to be processed in the same way as the earlier notification. thus, the provisions of section 25 of the customs act, would mutatis mutandis, stand attracted for the notification issued for rescinding the earlier notification and withdrawal of the exemption granted.9. the question that then arises ..... diligence acquired any knowledge. natural justice requires that before the law can become operative it must be promulgated or published." here, section 25 of the customs act itself provides for publication of a notification in the official gazette. the said court has, in the same judgment, further observed: "the thought that a ..... the official gazette assumes importance. the supreme court has, in re : ram raghubir prasad (supra), after referring to black's legal dictionary, held that publication is the act of publishing offering it to public. even in common parlance - word "publish", as per chamber's twentieth century dictionary, means "to make public - to divulge - to .....