Court : Mumbai
Decided on : Mar-03-2006
Reported in : [2007]138CompCas966(Bom)
..... the learned judge was perfectly right in making this observation. if we read the definition of 'bill of exchange payable on demand' as given in section 2(3) of the act it may be somewhat surprising to discover that the expression 'bill of exchange payable on demand' may, literally speaking be quite often a misnomer, for the instruments ..... hundi is made payable on a future stated period or date, the hundi falls within the definition of 'bill of exchange payable on demand', as given in section 2(3) of the act. he took special note of the error committed by the trial judge in not treating the hundi in that case to be a 'bill of exchange payable on ..... merely on the ground that its payment had been postponed to a future date. in this context, the learned judge called special attention to the provisions of section 2(3)(b) of the act and pointed out that the said provisions give an extended meaning to the expression 'bill of exchange payable on demand'. if i may say so with respect .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-03-2006
Reported in : [2006]148STC92(Bom)
..... contract, the state cannot impose sales tax on a works contract simplidter in the guise of the expanded definition found in article 366(29a)(b) read with section 2(n) of the state act.22. mr. joshi, pointed out that the rainbow colour lab case : 2000ecr771(sc) construed making photographic prints as a service contract. mr. joshi, ..... art work and taking out duplicate copies by photocopying. on june 10, 1988 an application was made by the respondents under section 52 of the bombay sales tax act, 1959 read with section 9 of the works contract act to the additional commissioner of sales tax to decide three questions:(i) whether they fall within the ambit of 'dealer' as ..... in the aforesaid builders case : [1989]2scr320 .8. the learned counsel mr. pandit, then relied on the definition of 'sale' as defined in section 2(1)(1) of the works contracts act and contended it to be applicable to a contract of photocopying. as per the aforesaid provision, 'sale' means a transfer of property in goods (whether .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-03-2006
Reported in : 2006(4)ALLMR531; 2006(3)MhLj817
..... express payment of rs. 9.08 lakhs to the contractors. on the basis of evidence, the inquiry officer found that the docket vouchers were not routed through the technical section for scrutiny. the claims were not verified. there can be one or two instances of overwriting, erasers etc. in the year. in this case, however, there were ..... the matter leniently. misconduct in such cases has to be dealt with iron hands. where a person deals with public money or is engaged in financial transactions or acts in a fiduciary capacity, the highest degree of integrity and trustworthiness is a must and unexceptionable.' in this view of the matter, we are not inclined to interfere ..... or dishonesty in connection with the affairs of the board. (as per sr. no. 14 of schedule 'b' appended to the mseb employees' service regulations no. 86(3). * act of disloyalty to the board. as per sr. no. 15 of schedule 'b' appended to mseb employees service regulation no. 86(3). * breach of rules, regulations, circulars, orders .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-02-2006
Reported in : [2008]145CompCas823(Bom); (2009)20VST162(Bom)
..... upon the same footing as an acknowledgment unconditional in the first instance, from which, in english law, a promise to pay has always been inferred. the indian limitation act, section 19, however, says nothing about a promise to pay, and requires only a definite admission of liability, as to which there can be no reason for departing from ..... does not affect his right to apply for probate.30. the privy council held that the above document saved the bar of limitation under section 19 of the indian limitation act, 1877 (section 18 of 1963 act) as it was executed during the period of limitation. the findings of the privy council during the course of the judgment support the conclusion ..... the statement by an involved or a far-fetched process of reasoning. similarly, while dealing with an admission of a debt, fry l.j., in green v. humphreys [1884] 26 ch. d 474, observed that an acknowledgment would be an admission by the writer that there was a debt owing by him either to the receiver of the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-02-2006
Reported in : [2006]70SCL52(Bom)
..... upon the same footing as an acknowledgement unconditional in the first instance, from which, in english law, a promise to pay has always been inferred. the indian limitation act, section 19, however, says nothing about a promise to pay, and requires only a definite admission of liability, as to which there can be no reason for departing from ..... indebtedness does not affect his right to apply for probate.the privy council held that the above document saved the bar of limitation under section 19 of the indian limitation act, 1877 (section 18 of 1963 act) as it was executed during the period of limitation. the findings of the privy council during the course of the judgment support the ..... the statement by an involved or a far-fetched process of reasoning. similarly, while dealing with an admission of a debt, fry l.j. in green v. humphreys (1884) 26 ch. d. 474, observed that an acknowledgement would be an admission by the writer that there was a debt owing by him either to the receiver of the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-02-2006
Reported in : 2006CriLJ2181
..... that both the accused were found in joint possession of hashish found with them. both the accused also made extra-judicial confessions which were recorded under section 67 of the act. the evidence produced by the complainant was more than sufficient to bring home the charge against the accused. both the accused were rightly convicted by the ..... assistant collector of customs, as stated by him, and, therefore, there was no necessity of the said information having been written down as required under section 42(2) of the act, though the same appears to have been done as a routine procedure normally followed by the officer of the complainant. it is certainly not to be ..... the recovery of the stated quantity of hashish from the two accused. the learned special judge also came to the conclusion that the statements recorded under section 67 of the act, were voluntary and which came in aid to further establish the case against the accused and, by the examination of p.w.2/fatima noronha, warehouse .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-02-2006
Reported in : 2006CriLJ2219
..... the order of detention and was taken in custody on 5/3/2005. it was approved by the state government on 10/3/2005 under section 3(3) of the act. reference under section 10 of the act was made to the advisory board on 21/3/2005 and the advisory board recorded its opinion on 12/4/2005 which was received by the ..... its preamble states that the detention order has been passed on the grounds mentioned in paragraph no. 5 and that the detenu is a slumlord as defined in section 2(f) of the act. it further states that the petitioner had taken to the life of crime as a slumlord to target vast open land of the government for acquiring easy money ..... personal encounters with the petitioner or his associate tukaram and the instances stated by them during the in-camera inquiry do reveal that the petitioner acted as a slumlord within the meaning of section 2(f) of the act. witness 'a' stated that the hutment dwellers who purchased the hut from the petitioner and his associate are also required to buy water and .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-01-2006
Reported in : IV(2006)ACC266; 2006ACJ2481; 2006(4)ALLMR305; 2006(5)BomCR672; 2006(4)MhLj161
..... amount and prays for suspension of the order in all these matters. both the learned counsel are heard on this point. mr. patni has referred to section 168 of the motor vehicles act, 1988. he also submits that claimants have not received the amount of compensation since 1991. in these facts, i am inclined to grant stay to ..... behalf of the insurance company was that under the insurance policy, the pillion rider was not covered. the learned tribunal after hearing the parties, in application under section 140 of the motor vehicles act, directed the respondent no. 1 (owner of the vehicle) to pay the compensation of rs. 25,000/- to the petitioner with interest @ 9% p.a ..... in the bus. in the facts and circumstances of this case, the apex court, as noted above, considered the provisions laid down under section 95(2) of the old act and 147 of the new act. undisputedly, facts in this reported judgment and the case on hand are different.23. another judgment relied on by advocate mr. patni, is .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-28-2006
Reported in : 2006(6)ALLMR736; 2007(3)BomCR898
..... observations in paragraphs 12 and 13 are important:12. by its judicial hierarchy, the judgment of the cegat binds the revenue officers. by virtue of section 37-b of the act, administratively issued circulars/orders and trade notices equally bind the revenue officers. in such a situation, assuming there is a conflict between a circular, order ..... failed to produce the information, consolidated information was asked to be furnished. the petitioner has moved the court at this stage when proceeding under section 7-a of the act are pending. this is not a case where it can even remotely be contended that the proceeding is without jurisdiction. plainly it cannot be ..... and temporary construction workers. it appears that on 17/7/1996 the petitioner m/s. r.b. constructions was summoned to attend inquiry under section 7-a of pf act and thereafter the petitioner approached this court & this court while issuing notice before admission granted an interim stay which continues to operate after the writ .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-28-2006
Reported in : AIR2006Bom190; 2006(3)ALLMR18; 2006(3)BomCR156; 2006(3)MhLj609
..... the matters in controversy. the concept of a judgment as defined by the code of civil procedure seems to be rather narrow and the limitations engrafted by sub-section (2) of section 2 cannot be physically imported into the definition of the word 'judgment' as used in clause 15 of the letters patent because the letters patent has advisedly not ..... is not their judgment. they may write and exchange drafts. those are not the judgments either, however, heavily and often they may have been signed. the final operative act is that which is formally declared in open court with the intention of making it the operative decision of the court. that is what constitutes the 'judgment'.12. now up ..... , rule 2 of the code of civil procedure (for short, 'cpc') may not apply to this matter, in the absence of a specific rule, high court should act on the analogy reflected therein because there cannot be a better analogy than what is provided by the code of civil procedure and which is followed by all high courts .....
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