Court : Mumbai
Decided on : Jul-05-2006
Reported in : 2006(5)MhLj488
..... y.s.jahagirdar, senior advocate on behalf of the petitioner in related petition that the rules 31 and 32 are ultra vires section 38 and other empowering sections of the act of 1958. section 38 of the 1958 act empowers government of india to make rules for prohibition or regulation of mining, quarrying, excavating or any operation of the like ..... palace without there being a notification under rule 32 pertaining to agakhan palace.17. in our opinion, there is yet another aspect which must be noticed. section 2 of act of 1958 defines what an ancient monument is. it also defines what protected monument is. according to the resolution protected monument means an ancient monument which is ..... is one dated 20.9.2003. a perusal of the document will show that it is a notice issued by 15municipal corporation of pune under section 267 of the bpmc act and section 54 of mrtp act. it calls upon the petitioner to stop work in view of the communication dated 8.9.2003 issued by archaeological department. even .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-05-2006
Reported in : II(2007)BC422; 2006CriLJ3704
..... cheque was presented for payment or the place where the cheque was returned unpaid by the drawee bank etc. would have jurisdiction to entertain the complaint under section 138 of the act.9. indmark finance and investment co. pvt. ltd. and another v. the learned metropolitan magistrate, reported in 1992 (supp) cal wherein the calcutta ..... where the cheque was issued or delivered. the court within whose jurisdiction any of the above-mentioned places falls has therefore got jurisdiction to try the offence under section 138 of the act.'(ii) vuppala venkata nageshwara rao v. tulluri chit funds pvt. ltd. and anr. reported in . andhra pradesh high court after considering k. bhaskaran : ..... present matters. the demand notice is a must. but a place of issuance of notice and no payment thereafter cannot sufficient to file complaint under section 138 of n.i. act. the notice was though sent from aurangabad, but received at nagpur. the party failed to make the payment as per notice. therefore, issuance of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Jul-05-2006
Reported in : (2007)106ITD589(Mum.)
..... of government of india, with large number of employees. in its capacity as an employer, the assessee bank is obliged to deduct tax at source under section 192 of the act in respect of salaries and other amenities or perquisites granted to the employees. the dispute relevant for the present appeals pertains to the alleged default of non- ..... standard rent and, therefore, no concession was given to the employees in respect of rent. it was submitted that in these circumstances, there is no perquisite under section 17(2) of the act as held by the hon'ble calcutta high court in the case of all india vijaya bank officers' association v. vijaya bank [2001] 250 itr 5001 : ..... 50 years. the details relating to tds in respect of employees have to be filed by the employer every year in the prescribed form as required under section 206 of the act. thus, for each financial year the prescribed return of tds has to be filed by the tax deductor within the prescribed time-limit. the assessing officer .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-04-2006
Reported in : 2007ACJ1105; 2007(3)BomCR379; 2006(6)MhLj177
..... following situation as rendered on the record of the trial court:(i) admittedly it is a case of non-scheduled injury and hence section 4(1)(c)(ii) of the workmen's compensation act.(ii) the claimant deposed himself to have suffered total loss of earning capacity because he was required to take help of crutches even ..... see the definition of qualified medical practitioner as given in the workmen's compensation act.this terms has been defined in section 2(i) which reads as follows:2(0qualified medical practitioner' means any person registered under any [central act, provincial act, or an act, or an act of the legislature of a [state]] providing for the maintenance of a ..... admitted this appeal on 7-9-1998. it is seen that substantial question of law as required by section 30 of the workmen's compensation act has not been framed.it is seen that first proviso to sub-section (1) of section 30 reads as follows:30.provided that no appeal shall lie against any order unless a substantial question .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-03-2006
Reported in : 2006(6)ALLMR369; 2006(6)MhLj752
..... by the documentary evidence in the form of kararnama of 27-8-1952 executed by both the parties.13. it is then sought to be contended that section 92 of the evidence act clearly disentitles the appellant to contend contrary to the written document in the form of deed dated 27-8-1952 under which the property was conveyed in favour ..... terms of the recitals therein thereby and have totally ignored the well established principle in relation to the applicability of and totally ignoring the real scope of section 92(1) of the evidence act, as well as the law laid down by the apex court in that regard.16. as observed above, it is nobody's case that the document ..... , and reiterated by the apex court in 2005 (9) scc 359, gangamma and ors. v. shivalingaiah. referring to the presumption which is spoken of under section 90 of the indian evidence act, the apex court has held that:a bare perusal of the aforementioned provision would clearly go to show that in terms thereof merely a presumption is raised to .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-03-2006
Reported in : 2006(5)BomCR555
..... -a foreign judgment - execution in india objection that decree is not on merits burden to prove nature of decree is on party alleging it - burden how displaced.evidence act (1 of 1872), section 101.'undoubtedly the burden of proving that the decree is not on merits would be on the party alleging it. however, courts never expect impossible proofs. it would never ..... of india she was proclaimed a sovereign democratic republic on and from january 26, 1950. it was, therefore, necessary to amend section 44-a, and by the code of civil procedure (amendment) act, 1952 the definition of 'reciprocating territory' in section 44-a was enlarged to cover any country or territory outside india which the central government, may be notification in the official .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-03-2006
Reported in : (2007)208CTR(Bom)280; [2007]288ITR315(Bom)
..... of limitation for non-payment of the amount of apparent consideration, nor will they contend that the property has revested in the first petitioner under section 269uh of the act, where such non-payment of the apparent consideration arises by reason of this order.7. in the event that;(a) any consideration or improvement ..... under (page 562):we may clarify that, as far as completed transactions are concerned, namely, where, after the order for compulsory purchase under section 269ud of the income-tax act was made and possession has been taken over, compensation was paid to the owner of the property and accepted without protest, we see no reason ..... the apex court. he, however, submits that while confirming the constitutional validity, the apex court read down the provisions of section 269ud of the income-tax act. hence the acquisition of the property under section 269ud has to be in consonance with the principles of natural justice.submissions:4. mr. mistry submits that the petitioners would .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-03-2006
Reported in : 2007(1)ALLMR333; 2007(3)BomCR709
..... , a division bench of this court following decision of the supreme court in anadi mukta (supra) has held that madresa of zorastrian parsi community, though created and existing for a section of the public - zorastrian parsi community, in discharge of its duty owed a public duty and the high court was competent to issue to it a writ under article 226 ..... rs. 80,000/- upon the trust for carrying out charitable objects like rehabilitation of visibly impaired persons in the society. after the enactment of the bombay public trust act, 1950 (for short 'the bpt act') the petitioner was registered as a public charitable trust. the petitioner is running a school for giving vocational training to the visually impaired persons. since the year .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Jul-03-2006
Reported in : (2006)(113)ECC327
..... material is found in the consignment. this is not in dispute. the commissioner of customs found that the goods are liable for confiscation under section 111(d) of customs act, 1962 on the ground that the appellants have not produced pre-shipment certificate. therefore, the commissioner of customs, kandla in all the cases ..... and the exporter stipulating that the consignment does not contain any type of arms, ammunition, mines, shells, cartridges, radio active contaminated, or any other explosive material in any form either used or otherwise.4. in the present cases, importer did not furnish sale contract document, but however furnished pre-shipment certificate ..... 28 to the effect that: a) the consignment does not contain any type of arms, ammunition, mines, shells, cartridges, radio active contaminated or any other explosive material in any form either used or otherwise. waste/scrap/seconds/defective as per the internationally accepted parameters for such a classification. c) copy of the .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-30-2006
Reported in : 2007(1)BomCR403; 2006(5)MhLj483
..... the interference by the chief minister into certain decisions of the bangalore development authority by exercising the powers of the state government under section 65 of the bangalore development authority act, 1976. this section is quoted in para 50 of that judgment which reads as follows:65. government's power to give directions to the authority.- ..... appearing for the petitioners submitted that this order passed by the secretary was outside the powers of the state government under section 3k of the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971. this section reads as follows:3k. power of state government to issue directions.-(1) the state government may issue to the slum ..... the apex court in paragraphs 51, 52 and 58 is pressed into service by mr. sugdare. he submitted that under this section only a direction for carrying out the purposes of the act could be given. in the instant case, the apex court has noted that it has not been shown that the chief minister .....
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