Judgment Search Results Home > Cases Phrase: estate duty act 1953 repealed section 56 penalty for default Court: mumbai Page 1 of about 492 results (0.193 seconds)

Hemant Sudhakar Madane and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2005(3)ALLMR841; 2006(2)BomCR307

..... made applicable to the state, and after considering the provisions of section 24 of the general clauses act, quoted the following passage from craise on statute law, 6th edition, page 334 :if the statute under which bye laws are made is repealed, those by laws are impliedly repealed and cease to have nay validity unless the repealing statute contains some provisions preserving the validity of the by-law notwithstanding ..... 31-5-2005 on the basis of which the corporation claims that necessary ' sanction was granted by the government for taking steps to levy and collect octroi under the corporation act, has neither been issued by the competent authority under the corporation act nor it empowers the corporation to levy and collect octroi duty nor such power can be assumed from the said letter by the corporation. ..... to the assurance of compensation in lieu of octroi duty for a period of two years and requires the corporation ..... , even the provisions for transitory arrangement comprised under appendix iv of the corporations act, by themselves, would not come to the help of the corporation to adopt the procedure which was prescribed under the municipality act for levy and collection of octroi duty. ..... disclosing that it has no intention at the moment to levy entry cess, and what is proposed by the corporation is to levy octroi and in that regard tender has been ordered to be issued for the purpose of collection of such duty, amendment to the petition was sought for and the same was allowed. .....

Controller of Estate Duty Vs. P.G. Chaware

Court : Mumbai

Reported in : [1993]204ITR513(Bom)

..... . it may be noticed that explanation 1 to section 6 of the hindu succession act in more or less identical to section 39(1) of the estate duty act, 1953, which also deals with a deemed partition for the purpose of determining the share of the deceased in the hindu joint ..... the contention of learned counsel for the revenue is that, as the deceased was the only male member and, as such, the sole coparcener of the hindu joint family, section 39(1) of the estate duty act, 1953, will have no application even though the family comprised the deceased and ..... by this reference under section 64(1) of the estate duty act, 1953, the income-tax appellate tribunal, nagpur bench, nagpur, has referred the following question for our opinion : 'whether, on the facts and in the circumstances of the case, the appellate tribunal was correct in upholding the order of the appellate controller holding that only that half share of the property ..... on his death, his widow who was the accountable person claimed that, under section 39 of the estate duty act, 1953, the interest of the deceased in the hindu undivided family property would be one- ..... . that being so, in the event of the death of any one of them, for computing the interest of the deceased in the family property, section 39 of the estate duty act would apply and only that portion of the property which would have fallen to the share of the deceased in the event of a partition of the family taking place immediately before the death would be deemed to .....

Harinarayan G. Bajaj Vs. Union of India (Uoi), Through Secretary, Mini ...

Court : Mumbai

Reported in : 2008(1)ALLMR604; 2008(2)BomCR780; [2009]147CompCas579(Bom); [2008]82SCL79(Bom)

..... . we may at this juncture also notice that whereas section 6 of the general clauses act provides for effect of repeal, section 24 thereof provides for continuation of orders issued under the enactments repealed and reenacted ..... that while determining whether any acquirer has acquired shares, the holding company or the subsidiary company of the acquirer company, whether incorporated in india or not, should be considered as persons acting in concert, for which they placed reliance on sections 2(7), 4(5) and 4(6) of the companies act for interpreting the word 'acquirer'as defined in regulation 2(b) to include 'any person acting in concert', which further, in turn, has been defined in regulation 2(d) to include, inter alia, company, its holding company and its subsidiary company ..... shall not (a) revive anything not in force or existing at the time at which the repeal takes effect; or 113 (b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, ..... . pudhuthotam estates (1992) 74 comp .....

Official Trustee of Bombay Vs. Controller of Estate Duty

Court : Mumbai

Reported in : [1979]117ITR190(Bom)

..... 43 and other sections dealing with estate duty reference to an interest's being limited to cease on a death shall be construed as including references to its being subject to a limitation, in whatsoever form, having the effect of providing in the alternative for its cesser on the death or on the occurrence of some event, or the expiration of some period, before the death, and he urged that in the absence of such interpretation clause in our estate duty act, 1953, such inclusive effect cannot be given to similar expression occurring in s. ..... 64(1) of the estate duty act, 1953, the following question has been referred for our opinion :'whether, on the facts and in the circumstances of the case, the sum of rs. ..... 11 of the estate duty act and since the case was not covered by the exception provided in sub-s. ..... 58 runs thus: 'references in the enactments relating to estate duty (including this part of this act) to an interest's being limited to cease on a death shall be construed as including references to its being subject to a limitation, in whatsoever form, having the effect of providing in the alternative, for its cesser on the death or on the occurrence of some event, or the expiration of some period, before the death.' 12. ..... 'the royal family (baroda) trust fund (repealing) act, 1956' (hereinafter called the 'bombay act') which came into force on march 30, 1957. ..... , 'the royal family (baroda) trust fund (repealing) act, 1956. .....

State Bank of India and Others Vs. State of Maharashtra, through the S ...

Court : Mumbai

..... the estate duty act, no doubt since repealed, wealth tax act and gift tax act are all measures in the same ..... of india since it is discriminatory in nature as it differentiates only bank and financial institutions from other commercial institutions for imposition of obligation and penalties in term of maharashtra stamp act amendment to pay proper stamp duty on the documents mentioned in section 30a of commencement of maharashtra tax laws (levy and amendment) act, 2013, if any, to collect it from other party and further to verify the adequacy of stamp duty paid on the instrument executed by or in favour of the financial institution prior to commencement of maharashtra tax laws ..... in that event, for imposing the penalty on banks for a default not occasioned by act of the bank, the stamp act amendment is unreasonable, illegal and arbitrary and is a transparent attempt by respondent ..... , since such document will fall under the ambit of the stamp act amendment, it would be unreasonable and arbitrary to impose an obligation upon the banks to know the appropriate stamp duty payable on such an instrument, let alone impound such documents since the bank, in all probability, would not even be aware of such default committed by the borrower. ..... moreover, the stamp act amendment is unclear on what happens when a borrower of a bank, brings a document executed in another state to the state of maharashtra and defaults in paying the differential amount of stamp duty, if any, within the prescribed time .....

Arvind N. Mafatlal Vs. T.A. Balakrishnan, Deputy Controller of Estate ...

Court : Mumbai

Reported in : [1968]67ITR449(Bom)

..... the real question in issue before us is whether ignoring or overlooking of rule 15 constituted either 'a mistake apparent from the record' or 'a mistake in the valuation of any property' within the meaning of section 62 of the estate duty act, 1953, or whether the realisation of the fact that rule 15 was not considered by the deputy controller (and here we assume that it was not considered), while making the original assessment, constituted information in the possession of the ..... we are concerned in this petition with a notice issued under section 59 of the estate duty act, 1953 (act 34 of 1953), with a view to reopening an assessment in respect of the estate of the late navinchandra mafatlal. ..... these were section 56 to 65 and at the same time repealed several sections of the old act. ..... it was also urged that section 62, as it was before it was repealed by the amending act of 1958, was substantially the same as section 59 introduced by the amending act, and therefore, the assessee could not say that the order of assessment was a final order or that the estate of the deceased had acquired immunity from reassessment. ..... general commissioners of income-tax for wallington, the queen's bench division was concerned with the applicability to section 58 (2) of the english income tax act, which permitted reopening of assessment and making of additional assessment to income-tax on the ground that fraud or wilful default had been committed. .....

Subhash Ramchandra Wadekar Vs. Union of India

Court : Mumbai

Reported in : AIR1993Bom64

..... before the court is of some significance as the estate duty act, 1953 was repealed from 1st april, 1985, save and exceptin respect of liability to pay estate duty where the deceased had died prior to the date ..... master has issued an office requisition to the effect that the petitioner be required to produce certificate under section 56 of the estate duty act, 1953 and comply with various other provisions of the estate duty act, 1953 before the petition would be proceeded further.7. ..... that the presumption of law concerning death of a person raised from continuous absence of a person for 7 years as more particularly set out in section 108 of the act is merely a rebuttable presumption of law and not a conclusive presumption.12. ..... cited by the learned counsel on both sides referred to in later part of this order, i have reached the following conclusions:--(1) ordinarily a person unheard of for the statutory period shall be presumed to be dead on expiry of seven years and not earlier,(2) section 108 of indian evidence act, 1872 is not exhaustive. ..... if section 108 of evidence act, 1872 were to be interpreted literally, it would have to be held that law presumes death of a person unheard of for seven years but is silent in respect of ..... 27th january, 1992, to the effect that the said ramchandra is presumed to be dead and that the petitioner was permitted to take oath to the said effect for purpose of adopting proceedings in this court in exercise of its testamentary and intestate jurisdiction.5. .....

Mohanlal Kanayalal Vs. Lalchand Motilal Malani

Court : Mumbai

Reported in : (1961)63BOMLR183

..... section 65, the repealing section, so far as is relevant, is to the following effect:-the debt conciliation act, 1349 f. ..... kanade's contention for the obvious reason that the main enacting part, by which all boards established under section 3 of the repealed act are dissolved, does not make any reservation in favour of continuation of any board or in favour of the power of appointment of a fresh board after the boards are dissolved. ..... vaishnav that sub-clause (ii) of clause (a) of the proviso to section 65 is inconsistent with the earlier part, by which all boards established under section 3 of the repealed act are dissolved and in view of this inconsistency, it must be regarded as ineffective and void. ..... under section 3 of the repealed act shall be dissolved:provided that-(a) all proceedings pending before any such board at the date when this act comes into force shall- (i) it they are within the pecuniary limits of the jurisdiction of a court, be continued and disposed of by the court under this act as if an application under section 4 had been made to the court in respect thereof;(ii) if they are beyond the pecuniary limits of the jurisdiction of a court, be continued and disposed of as if this act had ..... it is generally used in repealing statutes in order to prevent them from affecting rights accrued, penalties incurred, duties imposed, or proceedings started under the statute sought to be repealed. .....

Shirish Finance and Investment (P.) Ltd. Vs. M. Sreenivasulu Reddy

Court : Mumbai

Reported in : 2002(1)BomCR419

..... trilok chand jain : [1992]194itr228(sc) , the court found that under section 54 of the income-tax act, 1922, and after its repeal, section 137 of 1961 act had only placed fetters on the exercise of jurisdiction which were removed, with the result that the exercise of jurisdiction to call for the production of documents relevant to the case pending before the court, even from the income-tax authorities revived. ..... there was no express provision in the act which laid down that the order passed or actions taken in connection with the transactions under the regulations, and notwithstanding any rights which might have accrued thereunder, fresh scrutiny of the said transaction could be made under the relevant provisions of the act which correspond to the earlier repealed section 27 of the regulation. ..... section 15h deals with penalty for nondisclosure of acquisition of shares and takeovers which reads as under: 'penalty for non-disclosure of acquisition of shares and takeovers. ..... the penalties provided by the act apply when a breach of the duty occurs, but each workman has a right to sue for damages if he is injured in consequence of the breach. ..... ultimately, when the companies defaulted in repayment of the alleged dues, the shareholding of the companies were taken over by defendant nos. ..... this rule in any event should not be extended to the class of innocent trustees and executors who are administering the estates under orders of court. ..... shyam sunder hauler : [1953]4scr533 . .....

Bombay Dyeing and Manufacturing Co.Ltd. Vs. Mehar Karan Singh.

Court : Mumbai

..... defendant has exhibited himself as a man of no-confidence, who has proved to be untrustworthy and disloyal, the plaintiff s case stretched to the plaintiff s decisions or plans with regard to the real estate business, its expenditure or the decisions of the extent of the construction are not matters which are even prima facie shown by the plaintiff to be copyable products as the plaintiff s customised software except ..... possible to have a confidential document, be it a formula, a plan, a sketch, or something of that kind, which is the result of work done by the maker upon materials which may be available for the use of anybody; but what makes it confidential is the fact that the maker of the document has used his brain and thus produced a result which can only be produced by somebody who goes ..... s law dictionary, eighth edition at page 658 thus: a person who is required to act for the benefit of another person on all matters within the scope of their relationship; one who owes to another the duties of good faith, trust, confidence, and candor the corporate officer is a fiduciary to ..... causes of action which have been sought to be merged in the suit and the ad voleram court fee required to be paid upon damages claimed by the plaintiff for divulgence of information as also for refund of the excess salary suffers from mis-joinder of causes of action and cannot be considered in a single suit upon payment of consolidated court fee once. ..... to be enforced under section 27 of the contract act. .....