Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: mumbai Year: 2006 Page 41 of about 612 results (0.060 seconds)

S.D. Enterprises Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... seen from the facts and circumstances, the subject matter of the appeal, did not fall within the scope of the first proviso to sub-section (1) of section 35b of the central excise act, 1944. therefore, the aforesaid decisions of this tribunal do not stand for consideration. the preliminary objection is answered accordingly.33. there was nothing ..... the tribunal has no jurisdiction to deal with even the limited question of limitation relating to rebate of duty on export as per proviso to section 35b of the central excise act, 1944, when the tribunal cannot take up the main substantive issue of rebate claim on export, it can not take up the procedural ..... existed in the seized records thereby requiring the appellant to compare the incomparables. the request of the appellant made in the statement recorded under section 14 of the central excise act, 1944 to provide complete records seized from the premises for giving correct position in regard to seized stocks, detailing the complete of the receipt .....

Smt. Leela Nagesh Mandke and ors. Vs. the State of Maharashtra and ors ...

Court : Mumbai

Reported in : 2006(4)BomCR501

..... as the case involved determination of disputed questions of fact, the writ petition was not an appropriate remedy. the appellants thereafter made representation, stated to be under section 15a of the said act on 29-9-1994, which came to be disposed of by the government on 8-3-1995, without any favourable relief to the appellants. a civil ..... not vitiate the title of the government or of the acquiring body, once the possession of the land is taken consequent to the award declared under section 11 of the said act. in such cases, the only remedy which could be availed by the aggrieved party is the proceedings for compensation and not to get the land acquisition ..... in nand kishore's case (supra) had held that the government cannot change the purpose and acquire for a purpose other than the purpose declared under section 6 of the said act. however, the said ruling cannot be construed as laying down a general proposition of law taking into consideration the facts under which the said ruling was .....

Anant Bhagwan Kamble Vs. Principal, M.L. Dahanukar College of Commerce ...

Court : Mumbai

Reported in : 2007(1)ALLMR338; 2007(3)BomCR929

..... enquiry the authority hearing the revision, writ or other proceedings does not re-appreciate the evidence adduced before the enquiry officer. however, section 60 of the maharashtra universities act, provides that the tribunal shall have the same powers as are vested in an appellate court under the civil procedure code. an appellate civil court ..... the management itself had taken a lenient view and therefore the tribunal erred in showing misplaced sympathy in further reducing the punishment.9. section 59 of the maharashtra universities act, 1954 says that notwithstanding anything contained in any law or contract for the time being in force any employee (whether a teacher or ..... filed an appeal bearing appeal no. 2 of 2004 before the mumbai university and college tribunal (for short 'the tribunal') under section 59(1) of the maharashtra universities act, 1994. the learned member of the tribunal considered all the evidence adduced before the inquiry officer and on the re-appreciation of the .....

Amratlal Valji Since Deceased Hemant Amratlal Valji and anr. Vs. Dr. G ...

Court : Mumbai

Reported in : 2007(1)BomCR390; 2006(5)MhLj560

..... amratlal valji instituted a declaratory suit on 20th december, 1973 in the small causes court. the first respondent instituted a suit for eviction under section 41 of the presidency small cause courts act, 1882 on 15th march, 1979. evidence was adduced in common. the trial judge dismissed the declaratory suit and decreed the suit for eviction ..... in december, 1973 claiming a declaration of tenancy. the second was a suit instituted by the respondent in march, 1979 for possession, under section 41 of the presidency small causes courts act, 1882. the suit instituted by the respondent was decreed. the suit instituted by the petitioner came to be dismissed. the judgment and order ..... to the benefit of the deeming fiction created by the statute of being regarded as a tenant of the landlord. maharashtra act 17 of 1973 amended the provisions of the rent act in several respects, section 13(1)(e) was amended so as to provide a ground for eviction where the tenant had after the commencement of .....

Sai Traders a Proprietary Concern of Shri Motilal Amonkar and Shri Mot ...

Court : Mumbai

Reported in : 2006(4)BomCR1

..... its effect use, nature substance or quality, declare, by notification in the official gazette, as injurious food for the purposes of chapter ixa of the health act. 15. the section 2(30a) defines the term 'sale', with its grammatical variation and cognate expression, to mean the sale of any article of injurious food, whether for cash ..... regulation of trade and commerce, production, supply and distribution of cigarettes and other tobacco products and for matters connected therewith or incidental thereto. 21. section 2 of the tobacco act relates to declaration as to expediency of control by the union. it provides that 'it is hereby declared that it is expedient in the public ..... pan masala or any chewing material having tobacco as one of its ingredients (by whatever name called) or gutka, tooth powder containing tobacco. 23. section 4 of the tobacco act prohibits smoking in a public place. it provides that no person shall smoke in any public place provided that in a hotel having 30 rooms or .....

Fomento Resorts and Hotels Ltd. Vs. Goa Golf Club Pvt. Ltd.

Court : Mumbai

Reported in : 2006(5)BomCR640

..... ) 47 comp cas 438 wherein it was held that 'if the debt is bona fide disputed, there cannot be 'neglect to pay', within the meaning of section 433(1)(a) of the act (read section 434(1)(a)). if there is no neglect, the deeming provision does not come into play and the winding up on the ground that the company is ..... v. proxima medical systems : air2005sc4175 it is submitted on behalf of the respondent that the apex court referring to the expression 'unable to pay its debt' under section 433(e) of the act has categorically held that the said expression should be taken in the commercial sense and that the apex court has also referred to a decision of this court ..... petitioner is devoid of merit and is against the principles laid down by the apex court in construing the expression 'unable to pay its debt' appearing in section 433(e) of the act. on behalf of the respondent, it is submitted that the petitioner has ignored the law laid down by the supreme court in respect of deeming provision contained .....

Oriental Insurance Co. Ltd. and anr. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2006(6)ALLMR329; 2007(2)BomCR482; [2006]134CompCas148(Bom)

..... be associated with a vessel which can navigate. on behalf of the respondents earned counsel drew our attention to the provisions of the marine insurance act, 1963. section 3 of that act sets out that a contract of marine insurance is an agreement whereby the insurer undertakes to indemnify the assured, in the manner and to the ..... , erection and installation of the insured property and until completion and acceptance by owners, plus 12 months maintenance period.11. we may refer to some definitions under the act. section 2(20) defines 'policy of sea insurance or sea policy' as 'policy of sea insurance' 'sea policy'.(a) means any insurance made upon any ship or vessel ..... policy mentioned therein had been sent for adjudication by letter dated june 22, 1985, and the stamp duty was paid after the payment was certified under section 32 of the stamp act. however, during the course of inspection, the audit party raised a point regarding the chargeability of stamp duty, under article 47a(2)(iii) at .....

Pallonji Shapoorji and Co. (P) Vs. Deputy Commissioner of Wealth Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)102ITD101(Mum.)

..... assessee may be the owner of property in terms of section 22 and section 27 of the it act, 1961. (ii) that section 40 of the finance act, 1983 and section 3 r/w section 2(m) of wt act are differently worded and, therefore, certain assets falling under section 4 of wt act cannot be included in the net wealth of a company ..... the right to occupy the premises in a co-operative housing society is movable property and a separate species of property. learned counsel submitted under the wt act, particularly under section 2(m), wealth-tax is charged on all kinds of property "belonging to" individuals including the shares in a co-operative society. again relying upon ..... bench. in that case, it was held by the learned members constituting the bench that leasehold rights held by the assessee-company is assessable under section 40(2) of finance act, 1983 because the expression "belonging to" does not denote absolute title. the bench further held, the possession of an interest less than full ownership .....

Seth Govindraoji Ayurved Mahavidyalaya Vs. Vimal S. Nagare

Court : Mumbai

Reported in : 2006(4)ALLMR384; 2006(4)BomCR38; [2006(110)FLR647]; (2006)IIILLJ987Bom; 2006(4)MhLj511

..... of the aforesaid judgment of the apex court the teachers do not answer description of being employees falling in the either of the categories prescribed under section 2(e) of the act. the person not engaged to do any skilled, semiskilled, manual supervisory, technical or clerical work is not covered by the definition of 'employee'. ..... ahmedabad (p.) primary teachers association (cited supra). 25. the apex court in the aforesaid judgment dealt with the definition of the 'employee' contained in section 2(e) of the act and held as under:- on comparison of various definition clauses of word `employee' in different enactments, with due regard to different aims and objects of ..... 1 after 12 years of his retirement, moved an application bearing no. pga/acl/40 of 2001 before the respondent no. 2 under section 7(4) read with section 10(1) of the act without seeking condonation of delay in moving such application. 6. on being noticed the petitioner-college though initially appeared before respondent no. .....

Vyapari Sahakari Bank Maryadit Vs. Ambure P.A. and ors.

Court : Mumbai

Reported in : 2006(4)ALLMR372; 2006(4)BomCR21; [2006(111)FLR253]; 2006(5)MhLj277

..... to unfair practices; and to provide for matters connected with the purposes aforesaid'. 42. section 3 is the definition section. sub-section (1) states that the 'bombay act' means bir act and sub-section (2) says that 'central act' means the industrial disputes act, 1947. 'employee' is defined by sub-section (5) to mean, in relation to an industry to which the bir ..... the part of the employees to comply with the provisions of section 42 of the bir act in general and sub-section (2) of section 42 in particular, which deals with notice of change. according to him, section 97 of the act deals with strikes. sub-section (1) (b) of section 97 provides that the strike shall be illegal if it ..... of the aforesaid complaint on 28.4.1989 filed before the labour court, solapur, strike bir application no. 1 of 1989 under section 78, 79, 80a and 97 of the bir act, alleging illegal strike and sought declaration of illegality thereof.10. the aforesaid application was tried by the labour court on its own merit .....