Array ( [0] => ..... is a banking company and as such, prior permission of the reserve bank of india is necessary for the amalgamation. he invited my attention to section 44-a of the banking regulation act, 1949.section 44-a reads as under:---'procedure for amalgamation of banking companies: (1) notwithstanding anything contained in any law for the time being in force, ..... reserve bank by an order in writing passed in this behalf, be binding on the banking companies concerned and also on all the shareholders thereof. (5) sub-section (5) omitted by act 55 of 1963, 3.19 (w.e.f. 1-2-1964) (6) on the sanctioning of a scheme of amalgamation by the reserve bank, the ..... by the central government except after consultation with the reserve bank. on plain reading of the section, it is clear that the section applies when one banking company is to be amalgamated with another banking company. section 44-a of the banking regulation act, 1949 does not apply where a non-banking finance company is proposed to be amalgamated ..... [1] => ..... 427 read with 34 of the indian penal code and under section 25(1)(a) and 27 of the indian arms act read with section 34 of the indian penal code. they were also chargesheeted for offence punishable under section-4 and 5 of the explosive substance act read with section 34 of the indian penal code. the trial court however, ..... has convicted the appellant-accused no. 1 only for the offence punishable under section 307 read with 34 of the indian penal code and sentenced to ..... of those who in one way or the other facilitate the execution of the common design is itself tantamount to actual participation in the criminal act. the essence of section 34 is simultaneous consensus of the minds of persons participating in the criminal action to bring about a particular result. such consensus can be developed ..... [2] => ..... of bihar, : 1998crilj390 .11. our attention was invited by the learned counsel for the petitioners to sub-section (2) of section 6, sections 7, 10 and 49 of the act read with section 2 of the act. keeping in view the provisions of the act and the ratio laid down in the above cases, in our opinion, it cannot be said that the learned ..... by the additional public prosecutor that no such order could have been passed by the additional sessions judge. it was submitted that, in the light of section 49 of the act, it was not open to the learned additional sessions judge to record a finding as to the age of petitioner no. 1-accused and to pass ..... learned sessions judge, the registrar(s) was directed to transfer the case of the petitioner to the juvenile court for placing before juvenile justice board constituted under section 4 of the act for further proceedings forthwith and for placing before the juvenile justice board on or before 11th march, 2003.5. the grievance of the learned counsel for ..... [3] => ..... material or that they had misled the registering authority.14. attention was also drawn to the definition of the term 'occupier' in the mhada act. in terms of section 2(25) of the mhada act, the term includes (a) any person who for the time being is paying or is liable to pay to the owner the rent or ..... society after registration and includes a nominal, associate or sympathiser member, which expressions have been defined in sub-clauses (b), (c) and (d) respectively of section 2(19) of the said act.8. the rule 4(1) of the maharashtra co-operative societies rules, 1961, hereinafter called as 'the said rules', deal with the subject of application for ..... there was no show cause notice issued, in spite of specific direction by this court in that regard, before proceeding to hear the matter under section 21-a of the said act, and secondly, the finding regarding misrepresentation and suppression of facts while obtaining registration of the society is perverse and contrary to the materials on record ..... [4] => ..... ) can hardly be applied to the present case. the question before us is : whether the heavy earth moving machinery of western coalfields ltd. is motor vehicle under section 2(28) of mv act, 1988. the answer, in our thoughtful consideration, is in the affirmative. in view of the amendment of rules of 1989 by insertion of rule 126b, by central ..... for the petitioner. the crux of the question is whether the dumper is a motor vehicle and whether the vehicle attracts the liability of tax under section 3 of the taxation act? the very question came up for consideration before this court in the case of central coal fields ltd. v. state of orissa wherein the various ..... decision before us is whether the heavy earth moving machinery used by the petitioner in its colliery for mining activities is 'motor vehicle' within the meaning of section 2(28) of the mv act, read with the 'construction equipment vehicle' defined in rule 2(ca) of the central rules of 1989.11. in central coal fields ltd. v. state ..... [5] => ..... are concerned, though the parliament enacted multi-state co-operative societies act in 1984 and section 74 of that act made provision for settlement of disputes which provided for recovery of dues by the co-operative societies including the co-operative bank registered under ..... to recovery of dues of the banks. however, as noted above, so far as the co-operative banks are concerned, section 91 of the maharashtra co-operative societies act and section 101 of the 1960 act were available and the banks were approaching those forum for recovery of their dues. insofar as multi-state co-operative societies ..... of attachment issued pursuant thereto. it appears that the recovery certificate has been issued by the asst. registrar in exercise of his power under section 101 of the 1960 act on the application made by the jankalyan sahakari bank ltd., which was joined as respondent no. 3 in that writ petition. when that petition ..... [6] => ..... been manufactured without such an asset like gear box unit. he contended that this submission of his is borne out, by the subsequent amendment to the it act vide section 2(42c) r/w section 2(19aa) along with expln. 1 thereto. he contended that the basic test in this case is whether pal has transferred its business activities. he ..... plant and machinery is individual. this test been lost sight of in this case. therefore, merely because a conveyance is executed preceded by a certificate under section 230a of the it act for land and building cannot lead one to the conclusion that there was a sale of itemized assets. this conclusion of ours is supported by the judgment ..... , the report of dalvi and associates, dt. 15th nov., 1995, had to be obtained for land and building. that, when the assessee applied for certificate under section 230a of the it act, they had to get the land and building valued. accordingly, dalvi and associates valued the property at rs. 43,44,59,477.50 vide report, dt. 15th ..... [7] => ..... class of persons lawfully cultivating land belonging to others, but it cannot be assumed therefrom that they are the only persons who are covered by the section. the act affords protection to all persons who hold agricultural lands as contractual tenants and subject to the exceptions specified all persons lawfully cultivating lands belonging to others, ..... cattle's and for which reason, they would be entitled to purchase that land for determination of purchase price thereof under the provisions of section 32(g) of the act. as further inquiry with regard to the remaining about 13 acres of the land will have to be undertaken, proceedings for determination of purchase ..... petitioners - tenants. be that as it may, pursuant to the remand ordered by the revisional authority, the 1st authority reopened the proceedings under section 32(g) of the act. the 1st authority gave opportunity to both the parties to adduce evidence and on considering the evidence on record found that the petitioners were not ..... [8] => ..... his share from the net partnership asset. parliament with the avowed object of blocking this escape route for avoiding capital gains tax by the finance act, 1987, has introduced sub-section (3) to section 45. the effect of this was that the profits and gains arising from the transfer of a capital asset by a partner to a firm ..... and there is no question of any extinguishment of the firm's rights in the partnership assets amounting to a transfer of assets within the meaning of section 2(47) of the act. proceeding further, the court observed that every dissolution must be anterior to the actual distribution, division or allotment of the assets that takes place after ..... gains was not chargebale. on the facts, it was held that the business continued to be run and there was no dissolution of the firm and consequently section 45(4) of the act was not attracted.2. the present appeals are preferred by the revenue and various questions were framed. at the time of hearing, however, the following ..... [9] => ..... year' to mean the financial year immediately preceding the year of assessment. the return of agricultural income for the previous year filed under section 22 of the act, is assessed under section 23 of the act in the assessment year. therefore, agricultural income tax payable for the previous year is determined by passing the assessment order in the assessment year ..... year 1957-58 to 1960-61. the tribunal held that the amount of donation given for earning the agricultural income cannot be allowed as deduction under section 8(9) of the act. the tribunal held that the amount of rs. 3,150/- spent as perquisite on the general manager of the company cannot be allowed. the tribunal ..... harvesting and carting contractors during the periods 1957-58 to 1960-61 written off as bad debts during the previous year 1964-65 are deductions permitted under section 8(9) of the act? 4. whether in the facts and circumstances of the case, the amount of rs. 4,73,522/- allocated by the income tax authorities as ..... ) Explosives Act 1884 Section 4 Definitions - Court Mumbai - Year 2003 - Page 3 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: mumbai Year: 2003 Page 3 of about 486 results (0.071 seconds)

Jun 05 2003 (HC)

indusind Enterprises and Finance Ltd. Vs. Indusind Bank Ltd.

Court : Mumbai

Decided on : Jun-05-2003

Reported in : 2003(4)BomCR482

..... is a banking company and as such, prior permission of the reserve bank of india is necessary for the amalgamation. he invited my attention to section 44-a of the banking regulation act, 1949.section 44-a reads as under:---'procedure for amalgamation of banking companies: (1) notwithstanding anything contained in any law for the time being in force, ..... reserve bank by an order in writing passed in this behalf, be binding on the banking companies concerned and also on all the shareholders thereof. (5) sub-section (5) omitted by act 55 of 1963, 3.19 (w.e.f. 1-2-1964) (6) on the sanctioning of a scheme of amalgamation by the reserve bank, the ..... by the central government except after consultation with the reserve bank. on plain reading of the section, it is clear that the section applies when one banking company is to be amalgamated with another banking company. section 44-a of the banking regulation act, 1949 does not apply where a non-banking finance company is proposed to be amalgamated .....

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Jan 24 2003 (HC)

Rajpal Shyamlal Soude Vs. the State of Maharashtra

Court : Mumbai

Decided on : Jan-24-2003

Reported in : 2003BomCR(Cri)1033; 2003CriLJ4238

..... 427 read with 34 of the indian penal code and under section 25(1)(a) and 27 of the indian arms act read with section 34 of the indian penal code. they were also chargesheeted for offence punishable under section-4 and 5 of the explosive substance act read with section 34 of the indian penal code. the trial court however, ..... has convicted the appellant-accused no. 1 only for the offence punishable under section 307 read with 34 of the indian penal code and sentenced to ..... of those who in one way or the other facilitate the execution of the common design is itself tantamount to actual participation in the criminal act. the essence of section 34 is simultaneous consensus of the minds of persons participating in the criminal action to bring about a particular result. such consensus can be developed .....

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Aug 06 2003 (HC)

Master Rajeev Shankarlal Parmar Alias Pintya and Maharukh Adenwalla Vs ...

Court : Mumbai

Decided on : Aug-06-2003

Reported in : 2003CriLJ4522

..... of bihar, : 1998crilj390 .11. our attention was invited by the learned counsel for the petitioners to sub-section (2) of section 6, sections 7, 10 and 49 of the act read with section 2 of the act. keeping in view the provisions of the act and the ratio laid down in the above cases, in our opinion, it cannot be said that the learned ..... by the additional public prosecutor that no such order could have been passed by the additional sessions judge. it was submitted that, in the light of section 49 of the act, it was not open to the learned additional sessions judge to record a finding as to the age of petitioner no. 1-accused and to pass ..... learned sessions judge, the registrar(s) was directed to transfer the case of the petitioner to the juvenile court for placing before juvenile justice board constituted under section 4 of the act for further proceedings forthwith and for placing before the juvenile justice board on or before 11th march, 2003.5. the grievance of the learned counsel for .....

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Jul 10 2003 (HC)

Sion Shivneri Co-operative Housing Society Limited Vs. State of Mahara ...

Court : Mumbai

Decided on : Jul-10-2003

Reported in : 2004(1)BomCR146; 2004(1)MhLj557

..... material or that they had misled the registering authority.14. attention was also drawn to the definition of the term 'occupier' in the mhada act. in terms of section 2(25) of the mhada act, the term includes (a) any person who for the time being is paying or is liable to pay to the owner the rent or ..... society after registration and includes a nominal, associate or sympathiser member, which expressions have been defined in sub-clauses (b), (c) and (d) respectively of section 2(19) of the said act.8. the rule 4(1) of the maharashtra co-operative societies rules, 1961, hereinafter called as 'the said rules', deal with the subject of application for ..... there was no show cause notice issued, in spite of specific direction by this court in that regard, before proceeding to hear the matter under section 21-a of the said act, and secondly, the finding regarding misrepresentation and suppression of facts while obtaining registration of the society is perverse and contrary to the materials on record .....

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Sep 16 2003 (HC)

Western Coalfields Ltd. Vs. State of Maharashtra and anr.

Court : Mumbai

Decided on : Sep-16-2003

Reported in : 2004(2)ALLMR109; 2004(3)BomCR237; 2004(1)MhLj883

..... ) can hardly be applied to the present case. the question before us is : whether the heavy earth moving machinery of western coalfields ltd. is motor vehicle under section 2(28) of mv act, 1988. the answer, in our thoughtful consideration, is in the affirmative. in view of the amendment of rules of 1989 by insertion of rule 126b, by central ..... for the petitioner. the crux of the question is whether the dumper is a motor vehicle and whether the vehicle attracts the liability of tax under section 3 of the taxation act? the very question came up for consideration before this court in the case of central coal fields ltd. v. state of orissa wherein the various ..... decision before us is whether the heavy earth moving machinery used by the petitioner in its colliery for mining activities is 'motor vehicle' within the meaning of section 2(28) of the mv act, read with the 'construction equipment vehicle' defined in rule 2(ca) of the central rules of 1989.11. in central coal fields ltd. v. state .....

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Dec 12 2003 (HC)

Narendra Kantilal Shah Vs. Joint Registrar, Co-operative Societies (Ap ...

Court : Mumbai

Decided on : Dec-12-2003

Reported in : AIR2004Bom166; 2004(1)ALLMR798; II(2004)BC585; 2004(1)BomCR707; 2004(1)MhLj704

..... are concerned, though the parliament enacted multi-state co-operative societies act in 1984 and section 74 of that act made provision for settlement of disputes which provided for recovery of dues by the co-operative societies including the co-operative bank registered under ..... to recovery of dues of the banks. however, as noted above, so far as the co-operative banks are concerned, section 91 of the maharashtra co-operative societies act and section 101 of the 1960 act were available and the banks were approaching those forum for recovery of their dues. insofar as multi-state co-operative societies ..... of attachment issued pursuant thereto. it appears that the recovery certificate has been issued by the asst. registrar in exercise of his power under section 101 of the 1960 act on the application made by the jankalyan sahakari bank ltd., which was joined as respondent no. 3 in that writ petition. when that petition .....

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Apr 09 2003 (HC)

Premier Automobiles Ltd. Vs. Income Tax Officer and anr.

Court : Mumbai

Decided on : Apr-09-2003

Reported in : (2003)182CTR(Bom)202; [2003]264ITR193(Bom)

..... been manufactured without such an asset like gear box unit. he contended that this submission of his is borne out, by the subsequent amendment to the it act vide section 2(42c) r/w section 2(19aa) along with expln. 1 thereto. he contended that the basic test in this case is whether pal has transferred its business activities. he ..... plant and machinery is individual. this test been lost sight of in this case. therefore, merely because a conveyance is executed preceded by a certificate under section 230a of the it act for land and building cannot lead one to the conclusion that there was a sale of itemized assets. this conclusion of ours is supported by the judgment ..... , the report of dalvi and associates, dt. 15th nov., 1995, had to be obtained for land and building. that, when the assessee applied for certificate under section 230a of the it act, they had to get the land and building valued. accordingly, dalvi and associates valued the property at rs. 43,44,59,477.50 vide report, dt. 15th .....

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Jun 06 2003 (HC)

Kishan Ramchandra Kumbhar and ors. Vs. Dr. Kashinath Bandu Teli,

Court : Mumbai

Decided on : Jun-06-2003

Reported in : 2003(3)ALLMR817; 2003(5)BomCR31; 2004(1)MhLj285

..... class of persons lawfully cultivating land belonging to others, but it cannot be assumed therefrom that they are the only persons who are covered by the section. the act affords protection to all persons who hold agricultural lands as contractual tenants and subject to the exceptions specified all persons lawfully cultivating lands belonging to others, ..... cattle's and for which reason, they would be entitled to purchase that land for determination of purchase price thereof under the provisions of section 32(g) of the act. as further inquiry with regard to the remaining about 13 acres of the land will have to be undertaken, proceedings for determination of purchase ..... petitioners - tenants. be that as it may, pursuant to the remand ordered by the revisional authority, the 1st authority reopened the proceedings under section 32(g) of the act. the 1st authority gave opportunity to both the parties to adduce evidence and on considering the evidence on record found that the petitioners were not .....

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Jul 23 2003 (HC)

Commissioner of Income-tax Vs. A.N. Naik Associates and anr. and Ranga ...

Court : Mumbai

Decided on : Jul-23-2003

Reported in : 2004(2)BomCR801; (2004)187CTR(Bom)162; [2004]265ITR346(Bom)

..... his share from the net partnership asset. parliament with the avowed object of blocking this escape route for avoiding capital gains tax by the finance act, 1987, has introduced sub-section (3) to section 45. the effect of this was that the profits and gains arising from the transfer of a capital asset by a partner to a firm ..... and there is no question of any extinguishment of the firm's rights in the partnership assets amounting to a transfer of assets within the meaning of section 2(47) of the act. proceeding further, the court observed that every dissolution must be anterior to the actual distribution, division or allotment of the assets that takes place after ..... gains was not chargebale. on the facts, it was held that the business continued to be run and there was no dissolution of the firm and consequently section 45(4) of the act was not attracted.2. the present appeals are preferred by the revenue and various questions were framed. at the time of hearing, however, the following .....

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Oct 17 2003 (HC)

Godavari Sugar Mills Ltd. Vs. State of Maharashtra

Court : Mumbai

Decided on : Oct-17-2003

Reported in : 2004(1)MhLj761

..... year' to mean the financial year immediately preceding the year of assessment. the return of agricultural income for the previous year filed under section 22 of the act, is assessed under section 23 of the act in the assessment year. therefore, agricultural income tax payable for the previous year is determined by passing the assessment order in the assessment year ..... year 1957-58 to 1960-61. the tribunal held that the amount of donation given for earning the agricultural income cannot be allowed as deduction under section 8(9) of the act. the tribunal held that the amount of rs. 3,150/- spent as perquisite on the general manager of the company cannot be allowed. the tribunal ..... harvesting and carting contractors during the periods 1957-58 to 1960-61 written off as bad debts during the previous year 1964-65 are deductions permitted under section 8(9) of the act? 4. whether in the facts and circumstances of the case, the amount of rs. 4,73,522/- allocated by the income tax authorities as .....

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