Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: mumbai Year: 2003 Page 28 of about 486 results (0.120 seconds)

Shri Sanjay D. Gupta Vs. A.C.i.T.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)90ITD776(Mum.)

..... not leviable. however, this decision also does not advance the case of the assessee as in that case, the return was revised after impounding of books under section 131(3) of the act whereas in the case at hand, the revised return was filed after enquiry made by the ao proving the falsity of the statement contained in the original ..... the land sold by him on 30.6.94 was agricultural land which did not fall within the exclusion as per item(b) in clause(iii) of section 2(14) of the act. this is amply proved by the fact that nodoubt, the assessee purchased agricultural land in the year 1990 for rs. 1.80 lakhs and got himself declared ..... arising on sale of such land was exigible to capital gains tax as the agricultural land in question was covered under the exclusionary clause (iii)(b) of section 2(14) of the act. he invited our attention to the explanation furnished by the assessee in response to the query raised by the ao during assessment proceedings wherein the assessee categorically stated .....

Oswal Agro Mills Ltd. Vs. the Custodian and ors.

Court : Mumbai

Reported in : 2004(2)ALLMR491; III(2004)BC352

..... yet been identified and effectively punished.this background is necessary to be considered while appreciating the factual aspects and legal issues involved in these petitions.14. section 4(1) of the act with proviso reads as below: 4. contracts entered into fraudulently may be cancelled.--(1) if the custodian is satisfied, after such inquiry as he ..... proprietary interest, because on such transfer the propriety becomes an occupancy tenancy of the 'sir', the full bench considered whether, in such a case, section 24 of the contract act became applicable. while dealing with the case where the contract consisted of legal and illegal parts mr. justice vivian bose at page 343 observed as ..... or part of the entire contract of sale or purchase of security. in any case the entire contract has been performed and securities stand transferred. section 4 of the act does not confer power on the custodian to cancel a completed transfer and is confined to cancellation of contracts or agreements. in view of the .....

Shivaji Janaba Patil, Vs. State of Maharashtra

Court : Mumbai

Reported in : I(2004)DMC647; 2004(1)MhLj411

..... law in appreciating the evidence and drawing the conclusions. they misread the evidence and, therefore, failed in error of recording the finding of proving the offences punishable under sections 498a and 304b of ipc. resultantly, they committed the error in convicting and sentencing the petitioners for the offences mentioned above.16. thus, this petition is allowed. ..... treated prabhavati. the prosecution is obliged to prove that the accused behaved with the deceased in such a way which amounted to cruelty as indicated by provisions of sections 498a and 304b of ipc. there is no evidence on record to show that such a golden chain was agreed to be given at the time of ..... parlance. the evidence on record in this case is very insufficient to bring home the ingredients of section 498a and section 304b of ipc. there is no ground to draw an inference as indicated by section 113 a and b of indian evidence act, 1872. both the courts below have lost sight of this important aspect and, therefore, they .....

Sia Gems and Jewellery Pvt. Ltd. Vs. Sia Fashion

Court : Mumbai

Reported in : AIR2004Bom10; 2004(1)BomCR859; 2004(1)MhLj424; 2003(27)PTC227(Bom)

..... the objection of the learned counsel for the defendants that the word sia which is a common name can be registered under section 9 of the trade marks act. there is no doubt that under section 9 of the trade marks act a proper name can be registered when written in a stylised manner. in fact, any such name can be registered as ..... that an action against passing off can be maintained against the trade mark, but is distinctive. the well known passage from shavaksha's treatise on the trade and merchandise marks act, 1958, 3rd edition, reads as follows:-- 'it is, therefore, possible for a mark to be distinctive and yet not adapted to distinguish. in such a case, the proper ..... a trade mark except or unless the name is one of the names specified under the emblems and names (prevention of improper use) act, 1950. 7. the next .....

Blue Star Limited and anr. Vs. Union of India (Uoi) and anr.

Court : Mumbai

Reported in : 2003(6)BomCR652

..... show cause as to why excise duty should not be demanded and recovered from them under rule 9(2) read with proviso to sub-section (1) of section 11-a of the act on the said 208 cabinets falling under tariff item 29-a(3) which were removed by the petitioners from their factory in dismantled condition ..... contractors and the transactions were at arms length. the counsel submitted that in view of the subsequent clarificatory letter/affidavits issued, the statements recorded under section 14 of the act, lost their efficacy because what was stated by those persons was with reference to he facts relating to the period subsequent to 1985 when the petitioners ..... the respondents and the petitioners could not be held to be guilty of suppressing material facts and, therefore, the extended period of limitation provided under section 11-a of the act could not be invoked.10. elaborating his first contention, mr. sanklecha submitted that during the years 1981 to 1985 the petitioners got insulated panels .....

Jyotsna Krishnakumar Tarkar Vs. Krishnakumar Sadanan Tarkar and the St ...

Court : Mumbai

Reported in : I(2004)DMC672

..... petitioner, to lodge a complaint with the police and on account of that a criminal case is pending in vikroli court in context with offences punishable under the provisions of section 498a. during the pendency of the said petition and the desertion, petitioner jyotsna learnt that respondent krishnakumar is living with a mohamedian lady named amina and is giving her entire ..... than rs. 4300/- she pointed out that the learned magistrate has come to the conclusion that pendency of criminal case initiated at the instance of police report in context with section 498a i.p.c. is prima facie sufficient enough to show that the respondent krishnakumar has ill-treated the petitioner. she pointed out further that the factum of living ..... is revolving stands confirmed so far as his conclusions are concerned. however, it stand modified so far as rate of alimony and cost of litigation is concerned.11. parties to act on ordinary copy of the order duly authenticated by the private secretary of this court.dmt. .....

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

Court : Mumbai

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 .....

Usha Electronics Industries Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... 9405.40 of the customs tariff and restricted in terms of exim policy 92-97 and were therefore liable for confiscation under section 111(d) of the customs act, 1962 and the importers liable to penalty under section 112(a) of the act. (b) the deputy commissioner who adjudicated the case after considering the submissions of the appellants and after examining the representative samples .....

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

Court : Mumbai

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 .....

Lily Babu Vs. Municipal Commissioner and ors.

Court : Mumbai

Reported in : 2003(4)BomCR476

..... the issue regarding the genuineness of the birth certificate and thereby rejecting the complaint of the petitioner on that count. according to the learned advocate, therefore, the industrial court has acted illegally and the rejection of the complaint cannot be sustained in the facts and circumstances of the case.4. perusal of the records disclose that undoubtedly there was a circular .....