Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: mumbai Year: 2006 Page 15 of about 612 results (0.162 seconds)

Bharat Petroleum Corporation Ltd. Vs. Precious Finance Investment Pvt. ...

Court : Mumbai

Reported in : 2006(6)ALLMR771; 2006(6)BomCR510

..... whereas such corporations have their typical working through its executives and different departments. 37. the legislature has conferred the powers to condone delay by enacting section 5 of the indian limitation act of 1963 in order to enable the courts to do substantial justice to the parties by disposing of matters on merits. the expression 'sufficient cause' ..... to facilitate justice and further its ends: not a penal enactment for punishment and penalties: not a thing designed to trip people up. too technical a construction of sections that leaves no room for reasonable elasticity of interpretation should therefor be guarded against (provided always that justice is done to 'both' sides) lest the very means ..... 2002 is attracted to the pleading filed prior to 1st july, 2002. the learned single judge of this court after considering section 16 of the amendment act of 2002 as also the judgment of the apex court in anant gopal sheorey v. the state of bombay : 1958crilj1429 has held that the .....

Mohanraj Rupchand JaIn Alias Chhajed Vs. Kewalchand Hastimal JaIn and ...

Court : Mumbai

Reported in : AIR2007Bom69; 2007(3)BomCR737; 2007(1)MhLj691

..... 's case (supra), the division bench had clearly held that the purely procedural orders which do not affect substantive rights of the parties are not revisable under section 29(3) of the bombay rent act. in the case in hand, the order granting leave to produce documents, even though those documents were not entered in the list annexed to the plaint, while .....

Bombay Environment Action Group and Sameer Mehta Vs. State of Maharash ...

Court : Mumbai

Reported in : 2007(2)ALLMR235; 2007(1)BomCR721

..... should not permit any construction or repairs which are contrary to the statutory law and the eco-sensitive notification. he stated that the committee under section 5 of the above act will be appointed within one month and that this court may expect the committee to take necessary steps. 45. mr. khambata, on the other ..... . this part includes bye-law 15 which is on unsafe building, which reads as follows: 15. unsafe building: 15.1 the provision of section 195 of maharashtra municipalities act, 1965 shall apply for all unsafe buildings, which shall be considered to constitute danger to public safety and for restoration by repairs or demolition or ..... high court appointed monitoring committee, and if the effluents are not up to the mark, even at that time, the monitoring committee under section 5 of the environment (protection) act will be expected to disconnect the water supply to such commercial institutions (though excluding hospitals and educational institutions as observed in its order by .....

Goswami Shri Vallabhalalji Dwarkesh Lalji Maharaj, in His Personal Cap ...

Court : Mumbai

..... the trial court was delivered on 12th august 1976. the appellate bench of the court of small causes decided the matter in appeal on 6th november 1987. section 15 of the act provides as follows:15. [in absence of contract to the contrary, tenant not to sub-let or transfer] [or to give on licence](1) notwithstanding ..... respondents that irrespective of whether the tenancy of the first respondent was validly determined, the second and third defendants became entitled to the protection of section 15(2) of the rent act. the plaintiff has in his own pleadings admitted that there was a sub tenancy in favour of the second and third defendants. the subtenancy ..... a suit for eviction against the respondents on several grounds including arrears of rent, unlawful subletting, profiteering and the commission of an act in breach of section 108(o) of the transfer of property act, 1882. the petitioner claimed a declaration of ownership in respect of the multi storeyed building that had been put up on the plot .....

Travel Force Vs. Mohan N. Bhave and anr.

Court : Mumbai

Reported in : I(2008)BC390; 2007(2)BomCR399; 2007(3)MhLj339

..... recorded, the learned j.m.f.c. was pleased to order issuance of process against the accused, vide his order dated 30-7-2001, under section 138 of the negotiable instruments act, 1881, ('act' for short). it appears that on or about 24-2-2004, the accused applied for recall of process but the' said application came to ..... basis that the burden of proving consideration for a dishonoured cheque is on the complainant. it appears that the learned judge had lost sight of sections 118 and 139 of the negotiable instruments act. under section 118, unless the contrary was proved, it is to be presumed that the negotiable instruments, (including a cheque), had been made or drawn ..... , cannot be entertained.6. the learned sessions judge by her order dated 17-3-2006, has set aside the order issuing process against the accused under section 138 of the act. in doing so, the learned additional sessions judge, has observed that if one goes through the complaint filed, it becomes clear that the cheque in question .....

Shanaz D' Souza Vs. Sheikh Ameer Saheeb and Anr.

Court : Mumbai

Reported in : 2007(2)BomCR362; 2007(3)MhLj324

..... the presumption in favour of the plaintiff continued and the failure of the plaintiff was not sufficient to lead one to the conclusion that the presumption under section 118 of the act was rebutted. the second is the decision in the case of bratindranath banerjee v. hiten p. dalal : 1994(4)bomcr237 wherein this court observed that ..... to prove such consideration did not in any way relieve the defendant from his obligation in law to establish the contrary of the presumption raised by section 118 of the act. the division bench finally observed that the plaintiff having failed to prove that consideration passed and the defendant also having failed to prove that he ..... . the learned c.j.m. also acquitted the accused by observing that the presumption that the cheques were issued towards a legally enforceable debt under section 138 of the act could be inferred only if it was proved beyond reasonable doubt that the accused had issued the cheques to the complainant which the complainant had failed .....

iac (Assessment) Range Iv C, Adit Vs. Saurashtra Trust

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2007)106ITD1(Mum.)

..... gains from business and profession', so far as incomes under the other heads of income is concerned, such incomes continue to be governed by exemption under section 11 act. learned counsel also points out that the assessee trust has substantial income under the heads other than 'profits and gains from business and profession'. it is ..... trust existing for an object of general utility', so far as business income is concerned, earning of substantial profits attracts the disqualification, under section 11(4a) of the act, from exemption under section 11. as for the exemption of income of the assessee trust under heads of income other than 'profits and gains from business or profession ..... other than income under the head 'profit and gains from business and profession' is concerned, the same is to held as eligible for exemption under section 11 of the act. shri k c p patnaik, learned departmental representative, relies upon the stand of the assessing officer and submits that there is no change in .....

inspecting Asstt. Cit and ors. Vs. Saurashtra Trust

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... a trust existing for an object of general utility, so far as business income is concerned, earning of substantial profits attracts the disqualification under section 11(4a) of the act, from exemption under section 11. as for the exemption of income of the assessee trust under heads of income other than profits and gains from business or profession ..... other than income under the head profits and gains from business and profession is concerned, the same is to be hold as eligible for exemption under section 11 of the act. shri k.c.p.patnaik, learned departmental representative, relies upon the stand of the assessing officer and submits that there is no change in the ..... from business and profession, so far as income under the other heads of income is concerned, such incomes continue to be governed by exemption under section 11 (of the) act. learned counsel also points out that the assessee trust has substantial income under the heads other than profits and gains from business and profession. it .....

Shrikrishna S/O Rupraoji Metkar Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 2007(1)ALLMR796; 2007(1)BomCR666; 2007(1)MhLj812

..... the meaning of clause (i) of section 2(s) of the state act. in santosh gupta's case, : (1980)iillj72sc , chinnappa reddy, j. observed as under (at p : 1220 of air):voluntary retrenchment of a workman or ..... the very purpose of revision of pension rules by reducing the qualifying service to ten years cannot be defeated either directly or indirectly.10. resignation is a voluntary act on the part of the employee. in view of the law laid down by the apex court, in a situation where an employee voluntarily tenders his resignation, ..... of service. the meaning of term 'resign' as found in the shorter oxford dictionary includes 'retirement.' therefore, when an employee voluntarily tenders his resignation it is an act by which he voluntarily gives up his job. we are, therefore, of the opinion that such a situation would be covered by the expression 'voluntary retirement' within .....

Shri Anna Durai and Dilli Ganpati Devendra Vs. A.N. Roy, Commissioner ...

Court : Mumbai

..... be denied and therefore, the detaining authority rightly provided the translated copies in the said language. there is no infirmity in compliance with the requirements of section 8 of the mpda act while communicating the detention order to the detenu and it cannot be said that the opportunity to submit the effective representation was in any way denied. hence ..... on account of its failure to meet the requirements of article 22(5) of the constitution as well as the non-communication of the order as contemplated under section 8 of the mpda act. mr. tripathi, in support of this ground has relied upon the following judgments:-harikisan v. state of maharashtra and ors. : air1962sc911 , hadibandhu das v. ..... taken under detention on that date. the order was approved on 17.1.2005 by the state government whereas the reference to the advisory board under section 10 of the mpda act was made on 5.1.2006. the advisory board gave its opinion on 14.2.2006, it was considered by the competent authority on 15.2 .....