Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: mumbai Year: 2006 Page 11 of about 612 results (0.113 seconds)

Feroz Shabbar HussaIn for Himself and as the Only Son and Legal Repres ...

Court : Mumbai

Reported in : AIR2006Bom256; 2006(3)ALLMR668; 2006(3)BomCR613; 2006(4)MhLj387

..... appeal is not preferred. 9. the order passed by the sub-divisional officer / deputy collector, panvel, would show that due to absence of notification under section 35(1) of the forests act it was declared that the land in question cannot be treated as private forest. this approach of the sub-divisional officer / deputy collector, panvel, is itself ..... no appeal preferred by respondent no.2, the revision should not have been entertained by the honourable minister. he further contended that the notification under section 35(1) of the forests act has not been issued and as such the land in question cannot be treated as a private forest. lastly, it is urged that atleast 2 ..... heard learned counsel for the parties and have perused the relevant documents available on record. there is no dispute about the fact that a notice under section 35(3) of the forests act was issued on 24th january, 1961. it appears that the previous owner, namely, shri narayan govind shete was duly served with the copy of the .....

Gtl Ltd. Vs. Maharashtra Rajya Rashtriya Kamgar Sangh and ors.

Court : Mumbai

Reported in : 2006(4)ALLMR690; 2006(3)MhLj646

..... from any of the parties and can fix a time for receiving the same. the tribunal also tried to trace such power in its favour under section 11 of the industrial disputes act. the tribunal relied upon judgment of the apex court in the case of grindlays bank ltd. v. central government industrial tribunal 1978 lln 110 ..... and observed that section 11(1) of the industrial disputes act confers plenary power on the tribunal to adopt such procedure as it may think fit to serve the ends of justice. the tribunal, thus, ..... contradictory and inconsistent pleadings cannot be permitted. he further submits that the tribunal has committed an error in enlarging the scope of section 11(1) of the industrial disputes act. in his submission, the said section cannot be construed to empower the industrial tribunal to introduce a procedure which is not recognised by law. he sought to place .....

Deputy Commissioner of Income Tax Vs. Modella Woollens Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)101TTJ(Mum.)1109

..... -98. the appeal is directed against the order passed by the cit(a)-ii at mumbai on 21st jan., 2003 and arises out of the assessment completed under section 143(3) of the it act, 1961.2. we heard shri a.k. singh, the learned departmental representative appearing for the revenue and shri f.b. andhyarujma, the learned senior counsel for the respondent ..... , it would not be possible for any company to invest in the shares of another company and to dispose of the investment subsequently, without inviting the wrath of explanation to section 73. the delhi bench of the tribunal in the case of aman portfolio (p) ltd. v. dy. cit (2005) 92 ttj (del) 351 : (2005) 92 itd 324 (del) has held ..... that the provisions contained in the explanation to section 73 could be invoked only where a device is adopted by an assessee company to reduce its taxable income. in the present case, there is no such case as the .....

Joint Commissioner of Income-tax Vs. Montgomery Emerging Markets Fund

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)100ITD217(Mum.)

..... . 495 dated 22-9-1987 (168 itr (st.) 87) issued by the cbdt by way of explanatory notes to the amendments brought in by the finance act, 1987. in section 70 of the act, the circular has stated that the distinction between short term and long term capital assets, though conforming to the principle of equity of taxation, has led to ..... the head capital gains need to be considered as an independent source. (4) this independent character of "source" is apparent in the words used in sections 45 and 70 of the act. in section 45, the profits or gains is to be computed from the transfer of a capital asset. whereas the law relating to set off of loss provides that ..... the financial year for a particular source of income, it will not change with the change of head under which income from the said source is assessed. section 14 of the act classifies the income of the assessee under different heads only for the purpose of charge of income-tax and computation of total income. income falling under the same .....

Van Oord Dredging and Marine Vs. Adit, (international

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2008)297ITR115(Mum.)

..... that in the year of receipt of income there shall be a pe in india. he referred to the language of explanation 2 to section 5 and section 5(2) and section 9 of the it act 1961 in support of taxability of income of the assessee company during the relevant period. he submitted that there are four types of model ..... for this very assessment year 2001-02 computed income from the assessee's dividends, business carried out in india from different sites and therefore the provision of section 176(3a) of the act cannot be applied where the business of the assessee is not totally discontinued. in support of its preposition that where the assessee itself ceased to exist, ..... of rs. 30.78 crores received by the assessee in relation to the nmpt project and this amount was treated as income from its discontinued business under section 176(3a) of the it act, 1961, apart from certain other additions and disallowances. the appeal to the cit(a) was also unsuccessful and the main additions made by the assessing .....

Ajay Industrial Corporation Vs. Commissioner of Customs (Export

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... 10.12.1998 to 31.12.1999 after which it expired without any saving clause. the notifications in question are notification imposing a prohibition, in terms of section 5 of the ftdr act, 1992.notification dated 1.11.1999 did not have any saving clause of its own.20. notification dated 1.11.99 being a subordinate legislation, therefore, ..... value in the bill of entry would not be covered by the expression "goods which do not correspond to material particulars with the entry made under this act" employed in unamended section 111(m) as it stood pre 1973, incorrect mention of particulars relating to the date of bill of lading would also not be covered by the expression ..... held by the constitution bench of the supreme court in kohlapur cane sugar co. ltd. v. union of india wherein the court held that section 6 of the general clauses act only applies to a central act and do not apply to rules or notification.21. in addition, the notification dated 10th december, 1998, as amended by notification dated 1 .....

Vaishnav Shorilal Puri and Vishal Vaishnav Puri Vs. Kishor Kundan Sipp ...

Court : Mumbai

Reported in : 2006(4)BomCR358; (2006)6CompLJ74(Bom); [2006]69SCL349(Bom)

..... of such other person and thereby gains for himself a pecuniary advantage, he must hold for the benefit of such other person the advantage so gained.the relevant sections of companies act are sections 397, 398 and 402. they read as follows:-application to tribunal for relief in cases of oppression 397. (1) any members of a company who complain ..... when the hearing concluded before the clb. this was on the ground that breach of fiduciary duty is not only an act of oppression under section 397 of the act, but is also an act of mismanagement under section 398 of the act. (ii) the second direction was contained in para 25 of the order, that is to direct the puri group to ..... the issue of shares of the face value of rs.39 lakhs and debentures of the face value of rs.64 lakhs subject to the provisions of section 81 of the companies act. this section provided that the new shares would be offered in the first instance to the existing shareholders in proportion, as nearly as the circumstances admit, to .....

Mangaldas N. Verma Charitable Trust by It Managing Trustee, Mrs. Sarla ...

Court : Mumbai

Reported in : 2006(3)ALLMR405; 2006(5)BomCR342; 2006(3)MhLj662

..... by the municipal corporation. the manner of determination of rateable value, therefore, becomes crucial to the debate before us. the material portion of section 154 of the bombay municipal corporation act relevant for our discussion reads as under : 154. (1) in order to fix the rateable value of any building or land assessable ..... fixation of rateable value. according to the appellant the order of the investigating officer is arbitrary, illegal and contrary to the provisions of section 154 of the bombay municipal corporation act, 1888. the rateable value fixed by the investigating officer is highly excessive, exorbitant and is not reasonable letting value of the said ..... . 10. mr. chitnis, the learned counsel for the appellant, submitted that section 154 of the bombay municipal corporation act, 1888 mandates as to how rateable value is to be determined. sub-section (1) of section 154 of the mumbai municipal corporation act, 1888 provides that in order to fix the rateable value of any building .....

Sangita Sunil Bhardiya Vs. Rajendra Babulal Sarnot

Court : Mumbai

Reported in : 2006(4)ALLMR246; 2006(5)BomCR925; 2006(3)MhLj637

..... court as also nagpur high court and orissa high court have noted that revision application was filed against a decree passed in suit under section 6 of the specific relief act and proceeded to entertain the same. it means that in those cases the court assumed that such revision application was available in law. ..... rejecting the preliminary objection raised on behalf of the respondent about maintainability of the revision application against a decree passed in a suit under section 6 of the specific relief act. i am in agreement with the legal position stated in the three reported decisions which are pressed into service before me of the karnataka ..... . viswanatha chetty and ors. which specifically dealt with the similar objection about the maintainability of revision against the decree passed in the suit under section 6 of the specific relief act. that objection has been negatived in paragraph 10 of this decision, while relying on the decision reported in air 1953 pepsu 188 and : air1965mad122 .....

Nagreeka Foils Ltd. Vs. Commissioner of C. Ex. and Cus.

Court : Mumbai

Reported in : 2009[13]STR101

..... stage itself.4. the tribunal is a final fact finding body on the question of facts and the appeal lies to the high court under section 35g of the central excise act, 1944 on the substantial question of law only. in the circumstances, the tribunal has to go into all the issues of the facts and ..... in toto instead of concluding that he could in the alternative impose penalty under rule 173q, even though the adjudicating authority had penalized the appellant primarily under section 11ac.9.6 without prejudice to the above, commissioner (appeals) has erred in imposing penalty under rule 173q without, specifying as to which of the sub ..... erred in imposing penalty under rule 173q on the ground that even though the impugned order-in-original sought to penalize the appellant under section 11ac read with rule 173q and consequently even though section 11ac was not applicable, penalty nonetheless could be imposed under rule 173q. appellant respectfully submits that commissioner (appeals) has failed to .....