Court : Mumbai
Decided on : Mar-10-2003
Reported in : AIR2003Bom351; 2003(3)ALLMR148; 2003(3)BomCR1; 2003(2)MhLj742
..... . in paragraph 5, the court observed:'having considered the respective contentions, the question that arises for consideration is : whether publication of the notification under section 10(3) of the act in the gazette is in accordance with law? no doubt, this question was not squarely put in issue before the high court in the manner in ..... and void and land would be reverted back to the government. it was denied that conditions laid down in the order dated 11th january, 1984 under section 21 of the act made conditions of sanad ineffective, nugatory and inoperative. it was stated that the land was given for dwelling houses of employees of the petitioner company, ..... been given, they had been heard and excess land over the ceiling limit had been determined. pursuant to the decision taken under section 10(1) of the act, objections came to be filed under section 10(2) and objections also were considered and an opportunity was given before their consideration and objections came to be rejected. the .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-20-2003
Reported in : 2003(2)ALLMR468; 2003(3)BomCR513; 2003(2)MhLj620
..... ship, a beer shop or a spirit, arrack, today ganja, bhang or opium shop) to the public for consumption in or near such place.'6. section 33 of the act of 1951 empowers the concerned authorities viz. the commissioner, the district magistrate and the superintendent of police, as the case may be to make rules for ..... say that after revision in the licence fees rates, the commissioner of police, pune by virtue of the power and jurisdiction vested in him under section 33 of the bombay police act, issued necessary notification. hereto annexed and marked as exhibit-2 is a copy of the said notification dated 1/4/1988 issued by the commissioner ..... places of public entertainment in pune police commissionerate rules, 1990' with the previous sanction of the government and after following the procedure as contemplated under section 33 of the bombay police act, 1951. by the said rules, interalia fees of licence/registration of a place of public entertainment were increased. in this writ petition filed by .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-26-2003
Reported in : 2004(2)ALLMR465; 2004(4)BomCR386
..... of the petitioner company. this reasoning clearly overlooks the settled legal position. as rightly contended by mr. tulzpurkar, sale has been defined in section 54 of the transfer of property act, 1882. section 54 reads thus :'54. 'sale' defined.---'sale' is a transfer of ownership in exchange for a price paid or promised or part-paid ..... further submits that the unregistered document cannot be used to establish the title, but can be used only for collateral purpose and collateral purpose mentioned in section 49 of the registration act, 1908, means the purpose, which excludes all references to the contract relating to the immovable property. reliance is placed on a.i.r. ..... june 1978, the government of india has transferred the said property to the petitioner. the said document is not required to be registered under section 17 of the registration act, inasmuch as the notional value of the property was shown in the said document as re. 1/-.(ii) the petitioner had transferred certain lands .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-04-2003
Reported in : 2003(4)ALLMR635; 2003(6)BomCR618; 2004(1)MhLj27
..... value in relation to the land developed and utilised for construction activity though not complete, can be dealt with effectively in an appeal under section 217 of the said act. at the same time the division bench clearly observed that the polychem is an authority for the proposition that the land upon which the ..... the legality, correctness or otherwise absence of justification for revision of the rateable value, then they could explore alternative and effective remedy of appeal under section 217 of the said act. in those circumstances, the division bench held that --'the apex court held that so long as building was not completed or constructed to such ..... be rated in the same way as vacant land.'apparently the decision of the apex court clearly discloses that while fixing the rateable value under section 154 of the said act, the authority should not forget that mere commencement of construction activity and until such construction activity is transformed into a structure which is 'fit .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-31-2003
Reported in : 2003(2)ALLMR632; 2003(5)BomCR350; 2003(2)MhLj780
..... respondent no. 2 commissioner of state excise, maharashtra state, mumbai. this appeal appeared to have been preferred in accordance with the provisions of section 137 of the bombay prohibition act, 1949. section ,137 talks about the appellate authorities as per their hierarchy and the order passed by the commissioner in appeal, however is directed to be ..... else by making necessary application in that respect. this order passed by the collector is in accordance with the provision of section 142 of bombay prohibition act, 1949.7. section 142(i) of the act specifically referred to the opinion formed by the collector and that the opinion has to be formed keeping in view the ..... to be frustrated. shri sambre, the learned counsel appearing for respondent no. 4, no doubt opposed the matter tooth and nail and contended that section 137 of the act which talks about the appellate authority and its powers, makes it clear that as per echelon, commissioner is the appellate authority for any orders passed .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-05-2003
Reported in : 2003(4)ALLMR966; 2004(2)BomCR88; [2004]265ITR423(Bom); 2003(4)MhLj353
..... member does not enjoy all the rights and privileges which are available to an ordinary member, his status is that of a member as defined in section 2(19) of the act.20. division bench of this court in the case of the commissioner of income tax, nasik (cited supra) has also taken similar view that the ..... to him, the nominal member does not get rights and privileges of a duly qualified member. for this purpose, he mainly relied upon sub-section (2) of section 24 of the maharashtra cooperative societies act, 1960. he finally submits that the challenge to the impugned circular issued by the cbdt is devoid of any force and, therefore, both ..... operative society has to be established under the provisions of law made by the state legislature. the definition of expression 'member' is given under section 2(19) of the maharashtra co-operative societies act, 1960. as per the definition, 'member' means a person joining an application for registration of a co-operative society, which is subsequently .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-10-2003
Reported in : 2004(3)ALLMR472; 2004(4)BomCR430; 2004(2)MhLj1047
..... contempt, the person charged is described as an accused. in the matter of punishment the distinction which the contempt of courts act, 1971 draws in sub-section (3) of section 12 is as follows :--'notwithstanding anything contained in this section, where a person is found guilty of a civil contempt, the court, if it considers that a fine will not ..... in any other manner. 8. however, a civil or a criminal contempt is punishable in the same manner. section 12(1) reads as follows :'12. punishment for contempt of court -- (1) save as otherwise expressly provided in this act or in any other law, a contempt of court may be punished with simple imprisonment for a term which ..... government pleader referred to rule 17 framed by this court under section 23 of contempt of courts act, which confers the power of this court to frame rules. rule 17 of the contempt of courts act (bombay high court rules): 'the orders passed in the proceedings under the act shall be carried out, enforced and executed as if they .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-04-2003
Reported in : AIR2004Bom92; 2004(1)ALLMR438; 2004(3)BomCR661; 2004(2)MhLj448
..... following all such procedure and inconvenience caused in handling the cash and spending time, facility of providing an escort is made available as set out in section 147 of bpmc act and the octroi rules. it is therefore, contended that providing of escort and charging of fee for that purpose is only a facility accorded to the ..... baroda v. babubhai himatlal, : [1990]185itr255(sc) in which the supreme court had the occasion to consider standing order framed under section 466(1)(a)(f) read with section 147 of the bpmc act. by the said order supervision fees were charged on the transporters who wanted to pass through the octroi limits of the municipal corporation. ..... has filed his affidavit in reply and pointed out that respondent no. 2 came into existence in october, 1996 and that under section 127 of the bombay provincial municipal corporations act (for short, bpmc act), octroi is one of the taxes levied and collected by the municipal corporation. it is further pointed out that for the levy .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-17-2003
Reported in : 2004(4)BomCR434; 2004(2)MhLj80
..... has been passed in respect of original defendant no. 1 and therefore they sought the permission of the court to seek leave of the registrar under section 107 of the societies act. the trial court without granting them an opportunity to approach the registrar, who was also a defendant before the court, should not have rejected the ..... .13. the contention of the appellant that the trial court ought to have given them permission to seek leave from the registrar as contemplated under section 107 of the societies act finds favour with this court as there was no reason for the trial court to have outrightly rejected the plaint merely on raising a preliminary issue ..... against the remaining defendants for whom there was no such necessity of seeking the leave from the registrar as they do not enjoy the protection provided under section 107 of the societies act.6. mr. bhangde, learned counsel, for the appellant submitted that in view of the decision of this court in vysya bank ltd. v. official .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-21-2003
Reported in : 2003(4)BomCR630
..... a hotel or lodging house, without obtaining a licence under the provisions of the bye-laws. similar is the position that emerges on reading of section 260 of goa municipalities act. section 260 of goa municipalities act mandates that no person shall carry on trade or business of a dealer in or importer or seller of, sweet-meats, etc. or use ..... a lodging house,except under and in accordance with the conditions of a licence granted under the provisions of bye-laws made in this behalf.'8. sub-section (1) of section 260 of goa municipalities act, reads as under:'(1) no person shall---(a) carry on the trade or business of a dealer in, or importer or seller of, sweet-meats ..... bye law no. 1 of the trade and occupation licensing bye laws, 1989, on the ground that the said bye laws are ultra vires section 262 of goa municipalities act, read with section 307 of the said act.2. the facts, as are necessary to decide this petition, are set out hereunder:the petitioner is holder of a valid licence issued .....
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