Court : Mumbai
Reported in : AIR1954Bom427; (1954)56BOMLR264; ILR1954Bom727
..... the powers and functions of the general manager under section 517(1)(b) have been delegated with the previous sanction of the bombay electric supply & transport committee. the notice mentions section 517 (1) (b) of the act in respect of which power has been delegated to the traffic supervisor. therefore, the powers and the functions of the general manager ..... act which is chapter 16a, but instead of reproducing ss. 25 & 26 of the old act the legislature thought fit to enact section 460h(4) and the scheme ..... 205 (a) that a person committing a breach of a by-law under the old act could not be convicted, but that the tramway company could only go before the magistrate in order to recover - the penalty. by act 48 of 1948, the bombay tramways act was repealed and a new chapter was added to the bombay municipal corporation .....
Tag this Judgment!Court : Mumbai
Reported in : (1967)69BOMLR326; 1967MhLJ694
..... by the learned advocate general. these acts amended, amongst others, the indian limitation act, the indian lunacy act, the indian registration act, the transfer of property act, the presidency towns insolvency act, the provincial insolvency act, the indian electricity act, the code of criminal procedure, the land acquisition act, the legal practitioners act and the code of civil procedure. ..... of bengal in the exercise of his emergency powers under section 88(1) of the government of india act, 1935, was in question. the ordinance purported to amend the west bengal security act, 1948, passed by the provincial legislature. in his judgment harries c.j. rejected the argument that an ..... involved in that case. the case arose out of two different enactments. a central act had prescribed a punishment of three years' imprisonment for an offence under section 7 of the essential supplies (temporary powers) act. the then state of bombay considered that the maximum punishment of three years provided .....
Tag this Judgment!Court : Mumbai
Reported in : (1974)76BOMLR788a
..... in para. 11 of the judgment. the relevant paras. 10 and 11 run as follows (p. 25) :by the amendment made by u. p, act 80 of 1961 electrical energy may be supplied by the state government or the state electricity board within the same area in respect of which a license is granted only if the state 'government deems such ..... the government was empowered to supply energy to consumers within the same area or locality ' 'where the ..... used in section 10(5)(c) of the passports act. in that case the supreme court was concerned with the provisions of section 3(2)(e) of the indian electricity act 9 of 1910 as amended by the v.p. act 30 of 1961 whereunder notwithstanding the grant of a licence to supply electricity to a specified area or locality to a licensed, .....
Tag this Judgment!Court : Mumbai
Reported in : (1974)76BOMLR475
..... of the provincial government makes wilful and unreasonably prolonged default in doing anything required of him by or under this act, the licence was revoked on the ground that there was a default to provide continuous supply of electric energy to the consumer. when it was contended that the licence could not be revoked on that ground their ..... is thus between what is directly done by the enactment and what is done indirectly by rule-making authorities which are vested with powers in that behalf by the act. (vide hubli electricity co. ld. v. province of bombay and naraywnaswamy v. krishnamurthy [1958] mad. 313, a.i.r. [1958] mad. 343 that in such a sense ..... 5 provides:the deputy and assistant charity commissioners shall exercise such powers and perform such duties and functions as may be provided by or under the provisions of this act.(italics supplied).17. section 8 with the marginal note 'delegations' is divided into two sub-sec-(ions as under:8. (1) the state government may delegate any .....
Tag this Judgment!Court : Mumbai
Reported in : (1977)79BOMLR633; 1977MhLJ587
..... what is directly done by the enactment and what is done indirectly by rule-making authorities which are vested with powers in that behalf by the act. vide hubli electricity co. ld. v. province of bombay (1948) l.r. 76 i.a. 57 : 51 bom. l.r. 551 and narayanaswamy v. krishnamurthi [1958] mad. 513 : s.c. air [1958 ..... immediately before the commencement of this constitution shall continue in force therein until altered or repealed or amended by a competent legislature or other competent authority.in builders supply corporation v. union of india, the supreme court was concerned with the doctrine of priority of state debts, a doctrine which flowed from the common law and ..... of india in january 1970, the government did not furnish the management of the company with the contents of the report and government should not only have supplied a copy of the report to the company before finally deciding upon taking over the company's undertaking but the company should also have been given a hearing .....
Tag this Judgment!Court : Mumbai
Reported in : (1981)83BOMLR75; 1981MhLJ93
..... was a case which turned upon its own special facts. after the assam high court was constituted on april 5, 1948, by section 3 of the assam revenue tribunal (transfer of powers) act, 1948, the assam high court was empowered to exercise such jurisdiction to entertain appeals and revise decisions in revenue cases as was ..... -throughout the territories in relation to which it exercises jurisdiction and may, fur convenience. in: described as extraordinary original jurisdiction. (the emphasis has been, supplied by us.)this decision of the supreme court clearly shows that in exercising its power under article 226 the high court exercises original jurisdiction as contrasted with ..... 225. das gupta j., however, in his dissenting judgment followed the line of reasoning adopted in india electric works v. registrar of trade marks. subsequent to the giving of this judgment, as we have seen earlier, india electric works' case was expressly overruled by the supreme court in n.s. thread co. v. james chadwick .....
Tag this Judgment!Court : Mumbai
Reported in : (1981)25CTR(Bom)128; [1982]137ITR493(Bom); [1982]8TAXMAN22(Bom)
..... the date when the sale or transfer took place. it further held that the title to the land and buildings and the plant and machinery and electrical fittings permanently embedded thereon could not pass to the company till the conveyance was executed and registered and that as the sale was executed and registered and ..... or alternation to such goodwill. these are compelling considerations which appear to exclude goodwill from the concept and ambit of section 12b of the income-tax act.' (the emphasis has been supplied by us.)31. in cit v. jaswantlal dayabhai : [1978]114itr798(mp) , the madhya pradesh high court, after considering various authorities while summarizing ..... vendors, that is, the assessee-company, towards the purchase price of its business together with its goodwill, assets, liabilities and other properties. on april 5, 1948, an agreement was executed between the assessee-company of the first part, the said shroff and five others who constituted all the then members of the assessee- .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1983Bom317; (1983)85BOMLR134
..... prices, to make notified orders providing for certain regulatory measures. in exercise of these powers the kerala government declared electricity as an essential article and thereafter issued the kerala state electricity supply (kerala state electricity board and licensees areas) surcharge order, 1968. the said notification as well as the said order were challenged ..... policy to sustain an arbitrary power conferred on executive authorities. in that case, the court held that section 5 of the punjab general sales tax act, 1948, prior to its amendment was void, because it conferred an uncontrolled power on the provincial government to levy every year on the taxable turnover ..... ltd. : (1964)iillj105sc . in that case, sub-section (3) of section 1 of the employees' state insurance act, 1948, was challenged on the ground of excessive delegation. that section provided that that act should come into force on such date or dates as the central government may, by notification in the official gazette, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom366; 1984MhLJ534
..... the amities in the area within jurisdiction of the authority and the expression 'amenity' has been defined under section 2(1) of the act and it means 'road , bridge,any other means of communication, transport supply of water and electricity , any other source of energy street lighting, drainage, sewerage, education and welfare projects, markets and conservancy and any convenience which the state government ..... corporation. chapter xi deals with the control and section 164 enables control over the authority or the board. section 183 repeals the various act regarding housing existing in the state of maharashtra including, bombay housing board act, 1948. the earlier act also provided for acquisition of the land but did not make any discrimination between the holders of land in municipal area and the .....
Tag this Judgment!Court : Mumbai
Reported in : [1985]57CompCas241(Bom)
..... all er 122: [974] 2 wlr 338 was a case in which a declaration was sought in respect of report made by inspectors appointed under the companies act, 1948 (english), by the department of trade and industry to investigate and report on the affairs of the company. the plaintiff, who sought a declaration, was a ..... air1984mp44 , on which reliance was placed by the learned attorney-general. held that a writ petition was not maintainable where the contract for supply of conductors to the electricity board was suspend by the board under a clause of contract and enforcement of the same was sought by the other contracting party. the ..... error, a court would without hesitation refuse to follow such construction.'94. the learned attorney-general rightly pointed out that, as laid down by the supreme court in senior electric inspector v. laxminarayan chopra, : [1962]3scr146 , this principle of contemporaneous exposition would not apply to the construction of modern statutes. the maxim, fully stated, reads .....
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