Judgment Search Results Home > Cases Phrase: estate duty act 1953 repealed section 56 penalty for default Court: mumbai Page 4 of about 492 results (0.238 seconds)

N.P. Vakil Trust and Another Vs. Union of India and Others

Court : Mumbai

..... special case without inviting bids or a public competition, the prolonged and continued possession of the lands by the trust/trustees of the private trust, the trustees being permitted to induct third parties for operating the salt works, the dispute between the third parties and the petitioners/trustees which was subject matter of a civil suit in the court of competent jurisdiction at thane, the ..... connected government resolutions that the predecessor in the title of the petitioners, sir navroji pestonji vakil, after whom the petitioner no.1 trust is named has acted for 14 years as government agent for the sale of salt and upon the sudden abolition of his salt agencies by the finance committee in 1887, sir navroji vakil wrote to the salt department ..... . the petitioners state that the original register of licences of salt works granted by the collector of salt revenue under section 12 of act ii of 1890 (salt act), and maintained by the respondents in respect of jehangir mahal salt work, naval sagar salt work and din behram salt work all ..... seervai learned senior counsel appearing for the petitioners would submit that the respondents and particularly the estate officer has misconstrued and misinterpreted ..... properties including the whole of said lands together with the salt works thereon, valued at rs.1 lakh and that stamp duty paid on the said instrument in 1892 was rs.810/- ..... be leased to shri bankatlal hazarimal for a period of 5 years from 1.7.1953 to 30.6.1958 under this office .....

Nazir-ur-rahman and Vs. Commissioner of Customs,

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2004)(174)ELT493Tri(Mum.)bai

..... to penalty imposed on the appellants, we observe that no evidence has been brought out by the dept to establish that the two appellants committed any one of the acts enumerated under section 112(b) of the customs act knowingly ..... gain saying the fact that the goods in question, chatton and cup chains, are not notified under section 123 of the customs act.further the import policy as then existed allows the import of these goods without licence. ..... in regard to the contention that the goods are freely importable and therefore section l1l(d) under the customs act does not apply, we observe that under the import policy in force goods can be imported into the country only by a person who possesses an import export code number allotted by ..... bhoormal the supreme court held that the dept need not discharge the burden under section 323 with mathematical precision.what is required is to establish such a degrade probability that a prudent man may on this basis believes in the existence of the ..... on certain intelligence that smuggled goods from chennai were being brought to mumbai for sale, the officers examined the baggage of the appellants.such an examination revealed that the two appellants were carrying chattons and cup chains of foreign origin ..... is that the goods are non-duty paid and therefore liable to confiscation under customs act. ..... that the goods are of foreign origin but were brought into the country sometime back by three passengers and cleared them on payment of duty fine and penalty. .....

Housing Development and Infrastructure Limited Vs. Mumbai Internationa ...

Court : Mumbai

..... in situ fsi is increased from 2.5 to 3.2.23.10.2008slum-dwellers allowed to transfer the eligible huts upon payment of transfer fees.3.14.05.2009directives under section 37(1) and 154 of mrtp act, amending the permissible fsi consumption in situ in respect of area where tenements density is more than 650 per hector from fsi of 3 to 4.4.19.09.2009requirement of the land for public space in the slum rehabilitation scheme under clause 3.11 of appendix iv or regulation 33(10) in respect of industrial zone lands converted to residential zone amended and reduced ..... c] vide its letter dated 30th january 2013, respondent no.1 informed the petitioner about various defaults of terms and conditions of sr agreement committed by the petitioner and that therefore the petitioner is liable to pay the liquidated damages to the tune of rs.276,46,00,000/-. ..... it further makes it clear that extension beyond six months is not at all contemplated and the petitioner is duty bound to complete the project within that extended time, time being the essence of the contract. 45. ..... respondent no.1 has become the principal lessee of aai, bound by various duties and obligations to aai. ..... of any event force majeure or otherwise does not entitle the developer to seek reimbursement of any cost/increase in cost of performance/implementation of the slum rehabilitation project by the developer including without limitation imposition of any taxes, duties, fees etc. .....

Swanston Multiplex Cinemas P. Ltd. Vs. the State of Maharashtra and or ...

Court : Mumbai

Reported in : 2008(6)ALLMR580; 2009(2)BomCR298; (2008)110BOMLR3667; 2008BusLR61(Bom)

..... declaration that the circular exhibit - l is ultra virus the bombay entertainment duty act, 1983 and seek to quash and set aside the same or such portion thereof including clause 3.2 (e) and that the duty paid by the petitioner is correct amount of duty and the petitioner's liability to pay duty as per their claim specified in para f(c) should be held to be correct and form the correct basis for calculating entertainment duty payable by the petitioner along with other ancillary reliefs.2. ..... therefore, it is quite clear that the state wanted to promote and encourage multiplex theatre complexes and, therefore, it decided to offer special concessions as an incentive for a period of 5 years in the entertainment duty subject to certain conditions which have been incorporated by the amending act which introduces sub section 13 in section 3 of the principal act after sub section 12 and sub section 13(a) (i) provided for the first three years from the date of commencement of the multiplex theatre complex, no duty, i.e. ..... it does not provide for a penalty for collecting the amount wrongly by way of tax from purchasers which may have been justified as a penalty for the purpose of carrying out the objects of the taxing legislation. ..... (13)(a) and to that extent the bombay entertainments duty (amendment) ordinance, 2001 came to be repealed. .....

State of Maharashtra and anr. Vs. Maharashtra Land Development Corpora ...

Court : Mumbai

Reported in : 2004(1)BomCR24

..... of government and includes;(i) any land declared before the appointed day to be a forest under section 34-a of the forest act;(ii) any forest in respect of which any notification issued under sub-section (1) of section 35 of the forest act, is in force immediately before the appointed day;(iii) any land in respect of which a notice has been issued under sub-section (3) of section 35 of the forest act, but excluding an area not exceeding two hectares in extent as the collector may specify in ..... , 1975, a notice was issued by the state government to the company under sub-section (3) of section 35 of the indian forest act, 1927 calling upon the company, the owner of the land, to show cause as to why notification under sub-section (1) of section 35 of the act should not be issued for regulating and/or prohibiting the non-forest activities on the land. ..... 35 of the forest act have been repealed with effect from 30th august, 1975 after the coming into force of the acquisition act and in view of such repeal no fresh declaration by issuing a notification under section 34-a or fresh issuance of a notification under section 35(1) is now possible ..... in 1963-64, proceedings were initiated under the bombay salsette estate abolition act, 1951, and vide an order dated 24th december, 1964, the entire land ..... revenue records right from 1953-54 till the maharashtra private forest acquisition act, 1975 came into force mentioned the land ..... a trustee is under a legal duty to protect the natural resources. .....

Mahendrakumar Narottamdas Gandhi Vs. Rajanikant H. Doshi (Deceased) an ...

Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

..... clear that complaint cases filed against opponents for the offence punishable under section 138 of negotiable instruments act were filed by complainant-mahendrakumar gandhi. ..... the offence punishable under section 138 read with 141 of negotiable instruments act and the act was duly proved and the opponents/ ..... -shri hemant bhailal kamdar, accused-m/s.akta builders and developers were convicted for the offence punishable under section 138 and 141 of negotiable instruments act. ..... now crucial question is whether there was buy-back transaction and whether by utilizing consideration paid for flat no.303, original complainant-mahendrakumar gandhi booked a flat nos.101 and 104 on first floor of ..... 14th court, girgaon under section 138 of negotiable instruments act as per case no.1880 ..... fact, let us turn to decision passed in criminal complaint filed under section 138 of negotiable instruments act against the opponents. ..... complaint is filed under section 17 of consumer protection act, 1986 by alleging deficiency in ..... were directed to pay to the plaintiff (present complainant-mahendrakumar gandhi) a sum of rs.8,42,185.65 for debt and a sum of rs.1,62,787.06 being interest on principal sum of rs.5,52,000/- @ 18% ..... do not agree with the objection raised on behalf of the opponents for simple reason that payalben mahendrakumar gandhi is a daughter of complainant-mahendrakumar ..... a business transaction for resale and profit and therefore, does not fall within jurisdiction of consumer protection act, 1986. .....

Soloman Raj Sigo Vs. the Municipal Corporation of Gr. Bombay

Court : Mumbai

Reported in : 2007(5)BomCR350; (2007)109BOMLR1419; 2007(4)MhLj125

..... in essence what is to be seen in the said suit and what is to be seen in this appeal is whether the notice issued under section 314 of bmc act on 21st may 1999, is illegal and whether the plaintiff proves the authorisation of the suit structure so as to have it protected by the ..... khanvilkar dated 12th october, 2001 to contend that even in case of notice under section 314 of the bmc act when a reply is sent by the appellant the reply has to be considered by the respondents and an order passed thereupon so as to afford the right of ..... the respondents followed the legal process of issuing notice under section 314 of the bmc act on 21st may, 1999 following the directions passed in the appellant's suit ..... the process under section 314 of the bmc act requires a notice to be given for removal of the structure as held in the judgment in the ..... that order that an opportunity should be accorded to the parties to whom notice under section 314 of the bmc act is issued to produce materials to support their case as to why the proposed action under section 314 is warranted. ..... the said order is passed in an appeal from order refusing interim relief in a suit in which, notice under section 314 of bmc act was issued. ..... the notice under section 314 of the bmc act is correctly issued. ..... evidence he deems fit to show and to prove the existence or authorisation of the suit structure and the fact that it is not on the road so as to successfully challenge the impugned notice issued under section 314 of the bmc act. .....

Shree Niwas Girni Kamgar Kruti Samiti Vs. Rangnath Basudev Somani

Court : Mumbai

Reported in : 2005(4)BomCR708; [2005]127CompCas752(Bom); (2005)6CompLJ246(Bom); [2005]62SCL175(Bom)

..... is nothing in s.k gupta's case (supra) which would go to suggest that sanctioning of a scheme of the original sponsor is a condition precedent for exercising power of substitution under section 392 of the act and that such substitution can only fall on the heels of sanction accorded to the scheme proposed by the original sponsor in which original sponsor figures ..... representing three-fourths in value of the creditors, or class of creditors, or members, or class of members, as the case may be, present and voting either in person or, where proxies are allowed under the rules made under section 643, by proxy, at the meeting, agree to any compromise or arrangement, the compromise or arrangement shall, if sanctioned by the court, be binding on all the creditors, all the creditors of the class, all the members, ..... in the absence of individual agreement, gets bound by the scheme, which would otherwise be necessary to give it validity, the two provisos have been introduced casting a duty on the court to satisfy itself that the affairs of the company were/are not being conducted in a manner prejudicial to the interest of its members or to the public interest. ..... therefore held that the intention behind the prosecution of the scheme was to acquire huge land and other real estate belonging to the company at a meagre throw away price ostensibly under the guise of reviving the mills with ..... counsel appearing for somanis was on a lower side more particularly when the prices in real estate in the .....

Indian Petro Chemicals Corporation Limited Vs. Air India Limited and O ...

Court : Mumbai

..... that case, it was contended that abolition of big landed estates and land reforms act, 1953 and section 11 thereof does not apply to the land held by ..... the said notice was replied to by the petitioners and no further proceedings took place before the estate officer, except for another show cause notice which was issued under section 7 of the said act on 6th january 1996 calling upon the petitioners to show cause why it should not be asked to pay damages of a sum of rs.1,91,16,637/- after setting off the sum of rs.15,62,420/- being the licence fee ..... that the 2nd eviction notice issued by 2nd respondent dated 19th april 1999 is totally illegal, bad in law and without jurisdiction on the grounds that the estate officer is a statutory post which may be held by any officer who is designated from time to time and under section 4 the estate officer had to form a prima facie opinion that a party was in unauthorised occupation and was required to be evicted from the premises. ..... powers thereafter, including to recover rent or damages in respect of public premises, powers of estate officer, appeal, finality of orders, offences and penalty, power to obtain information, liability of heirs and legal representatives, recovery of rent etc. ..... presumed that when power is conferred in highly placed public officials and premises are held in trust for the public, then, the government and equally such high powered officials would be mindful of their duty and mandate and will not overstep or exceed it. .....

Tonira Pharma Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... not agree with the finding regarding levy of anti-dumping duty and therefore, gave a separate order on 28-6-2006, for holding that since the notification dated 21-7-2000 imposing anti-dumping duty on vitamin-c (ascorbic acid is a category of vitamin-c) originating from china and japan had expired on 15-4-2003 by efflux of time and not by way of repeal, and that section 6 of the general clauses act could not be invoked, and further that there being no saving clause incorporated in the ..... , in absence of the notification being specifically made applicable, the defaulting 100% eous against imposition of anti-dumping duty even when they would not be entitled to the benefits of the exim policy by virtue of their defaults, or to the lacuna in the provision of sub-section (2a) of section 9a, has resulted in an unintended benefit to a defaulting 100% eou, of not paying anti-dumping duty despite the fact that this exemption reflected in sub-section (2a) of section 9a of the tariff act was clearly relatable to the provisions of the exim policy ..... in the result the demands of customs duty and excise duty are upheld, penalties both under the customs act and central excise rules are reduced to 10% of the duty amount confirmed, demand of anti-dumping duty for the period prior to 11-5-2001 is sustained, while such demand for the period subsequent thereto is set aside and anti-dumping duty is held not to form part of the assessable value of goods for the purpose of levy of cvd and sad.{k.k. .....