Court : Mumbai
Decided on : Apr-13-2006
Reported in : 2006(5)BomCR256; 2006(5)MhLj817
..... wants to i totally evade all control by any authority for the construction activities undertaken by him. for assailing action of the municipal i corporation under section 53 of the act he i states that the trust and not corporation was the planning authority, but does not approach the trust for obtaining permission for construction. he ..... bench of this court was considering the question of delegation of powers of the government under hyderabad abolition of inams and cash grants act (1954). section 2-a(2) of the said act provides for appeal to the state government against the orders of authorised officer. there is no reference to the power of the state ..... area in question, there was no question of obtaining permission of nagpur municipal corporation under mrtp act. consequently there is no violation of section 52, and no occasion for the corporation to act under section 53 of the mrtp act.41. for this purpose the learned counsel for the petitioner took me to the definitions of the planning .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-17-2006
Reported in : 2006(4)ALLMR144; 2006(5)BomCR211; 2006(3)MhLj763
..... of the first draft development plan in the official gazette and in such other manner as may be prescribed within three years of the commencement of the act. section 23 requires the planning authority to make and publish a declaration of intent to prepare a development plan. this publication has to be in the official gazette ..... illegal and non est in law even though the draft development plan is capable of being revised by the state government.13. under sub-section (6) of section 31 of the act the sanction accorded by the state government to the draft development plan results in the plans being binding on the planning authority. it is ..... in residential zone clearly amounts to modification of 'substantial nature' and that it was done without following the procedure contemplated in the second proviso to section 31(1) of the act. he, therefore, submitted that correction or rectification of such error in law by issuing corrigendum need not be interfered under article 226 of the constitution .....
Tag this Judgment!Court : DRAT Mumbai
Decided on : Apr-17-2006
Reported in : I(2007)BC224
..... writing but can be spelt out from the exchange of letters and other communications between the parties. it is important to refer to sub-section (5) of section 7 of the said act which, states that the reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement if the contract is ..... the respondent had handed over blank signed letterheads lo the petitioner. in that context, the court held, referring to clause (b) of sub-section 4 of section 7 of the arbitration act, which states that an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement or a statement ..... there was no clear, unequivocal and written agreement for arbitration between the parties and, therefore, the application made on behalf of the appellant bank under section 8 of the arbitration act was rejected. hence, the present appeal is filed by the bank.5. the learned advocate appearing for the appellant bank took me through the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Apr-17-2006
Reported in : (2007)105ITD86(Mum.)
..... the assessee incurred total expenditure of rs. 7,08,51,925. 1/10th of the above expenditure was claimed during the present assessment year under section 35d(ii) of the it act. it was claimed before the assessing officer that the deduction is allowable as the aforesaid expenditure was in connection with the extention of the assessee's ..... business of providing technical and industrial consultancy on the basis of computers and of undertaking electronic data processing was an industrial company within the meaning of section 2(7)(c) of the finance act, 1981.the id. counsel also drew support from the supreme court judgment in the case of bangalore water supply & sewerage board v. a. ..... by the assessing officer. if the assessee has already been allowed deduction of 1/10th of the eligible expenditure prior to commencement of business, under section 35d(1)(i) of the it act, such deduction at 1/10th of the expenditure has to be allowed for a period of 10 years.it is claimed that the deduction of .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-18-2006
Reported in : 2006(6)BomCR186; [2006]132CompCas823(Bom); 2006(4)MhLj594; [2006]70SCL319(Bom); [2006]148STC32(Bom)
..... prevail. there cannot be any doubt about the aforesaid legal position but in what we have already observed above, there is no conflict in section 35 of the securitisation act and section 38c of the bombay sales act. there is no inconsistency and both provisions can be given effect to without any difficulty. 29. in so far as kesoram industries ltd ..... elaborate as it was given at the motion hearing stage while considering whether writ petition deserved to be admitted or not. however, we considered section 38c of the bombay sales tax act and section 169 of the maharashtra land revenue code in the light of the submission made by the counsel for the bank that the bank being the ..... over the bank's charge based on contractual mortgage. 25. in the case of bharat co-operative bank, it was held by us that section 38c of the bombay sales tax act read with section 169 of the maharashtra land revenue code leaves no manner of doubt that the recovery of sales tax dues has priority over the secured creditors .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-18-2006
Reported in : 2007(1)BomCR515; 2006(4)MhLj384
..... ground. the decision about the question as to the appellant's title to this property would thus depend upon the construction of the relevant provisions of the act. section 10 is relevant for the purpose. section 10(1) defines 'stridhan' as meaning property of every description belonging to a hindu female, other than property in which she has by law or ..... on that account. that position with regard to the heirs who succeed to stridhan property belonging to a hindu female dying intestate has been provided for by section 12 of the act and there is no dispute on that account.6. this court finds on the first point of non-impleadment that the branch of shaligram s/o ambuji ..... b) takes in the property the appellant would be exclusively entitled to it and the plea of non-joinder of her brothers would fail. on the other hand, if section 10(2)(d) applies to the property, the appellant will not be exclusively entitled to the property and her brothers would be necessary parties to the suit. in that .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Apr-18-2006
Reported in : (2007)109TTJ(Mum.)34
..... no.101/mum/2002 where, under similar facts, the mumbai bench 'a' of the tribunal held that the assessee was entitled to deduction under section 80hhc of the act where he had purchased in bangladesh a ship belonging to shipping corporation of india and sold the same in bangladesh itself. the learned authorised representative of ..... authorised representative of the assessee pleaded that it appeared from the reasoning of the lower authorities that the ao would have allowed the deduction under section 80hhc of the act, if the goods shipped from germany had touched the shores of india even for a few days before being shipped to bangladesh. the commercial expediency ..... etc. therefore, the assessee having exported goods out of india and earned the foreign exchange and brought the convertible foreign exchange into india as stipulated under section 80hhc of the it act, 1961, it was requested that taking into account the submissions made on facts and law, the same may kindly be allowed.2.2 the cit .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-19-2006
Reported in : 2006(204)ELT247(Bom)
..... case, the petitioner has been able to make out a case for invocation of extraordinary jurisdiction despite the availability of statutory remedy of appeal under section 129 of the customs act, 1962. incidentally, we may notice here that out of the total demand amounting to rs. 2,99,91,236/- confirmed by the commissioner ..... a fit case where extraordinary jurisdiction under article 226 of the constitution of india should be invoked despite availability of statutory remedy of appeal under section 129 of the customs act, 1962.6. bereft of unnecessary details, suffice it to observe that intelligence was gathered that the petitioner imported advanced computers from their parent ..... 2,99,91,236/-.5. that the order-in-original dated 28th december, 2005 is appellable under section 129 is not in question. ordinarily, we would have relegated the petitioner to pursue the statutory remedy of appeal under section 129, however, in view of the facts that we indicate hereinafter, we are convinced that this .....
Tag this Judgment!Court : DRAT Mumbai
Decided on : Apr-19-2006
Reported in : IV(2006)BC165
..... to buy back the shares of the defendant no. 12 company which were initially purchased by the respondents, was not a 'debt' within the meaning of section 2(g) of the rddb act, 1993 and therefore the drt had no jurisdiction to entertain and try the original application. according to the appellants, the appropriate relief which the respondents should have ..... suit claiming or alleging certain amount as due and payable to them as a debt, prima facie the provisions of rdb act would be applicable because it is a 'debt' claimed within the meaning of section 2(g) of the rddbfi act, though the defendant may claim that it cannot be a 'debt' as it is not an ascertained amount and ..... the claim was of an undetermined amount and was, therefore, not a "debt" within the meaning of section 2(g) of the rdb act. however, the supreme court going by the definition of the word "debt" in section 2(g) of the rddbfi act, held that the expression 'debt' means any liability or claim which is alleged by a bank as due .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-20-2006
Reported in : 2006(4)MhLj429
..... court in bijayini das v. loknath mishra, 2005 (9) scc 194 lays down that prior written consent of advocate general of the state under section 15 of act is necessary for private party before invoking the contempt jurisdiction of the high court. earlier judgments of hon apex court in bal thackrey v. harish ..... a reference made against respondent advocate by chief judicial magistrate, aurangabad. summary criminal case was filed against said advocate by one person under section 138 of negotiable instruments act and said magistrate convicted him. criminal appeal filed by said advocate was pending. he filed criminal complaint against said chief judicial magistrate and ..... considerations' by respondents/original defendants in application for review filed before lower court scandalizes that court and constitutes criminal contempt of defined in section 2(c) of 1971 act.2. present petitioner col. mahendra pratap choudhary has filed special civil suit no. 400/2002 in the court of civil judge senior .....
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