Court : Mumbai
..... which may extend to two thousand rupees for every day during which such contravention continues. ? 88. a perusal of these provisions and jointly with other sections of the act would reveal as to how firstly the reserve bank of india on an application made to it can authorise any person to be known as authorised ..... annexure-aa to the petition is a copy of the said instructions dated 27th september, 2013 issued by directorate general of export promotion, department of revenue, ministry of finance. 24. on or about 9th may, 2014, on being orally summoned, representative of the petitioners appeared in the office of the respondent no.3 with the ..... been brought to the notice of the petitioner. 23. on or about 27th september, 2013, the directorate general of export promotion, department of revenue, ministry of finance issued instructions inter alia clarifying that gold imported between 22nd july, 2013 and 14th august, 2013, if pending clearance, should be cleared under the amended and clarified .....
Tag this Judgment!Court : Mumbai Goa
..... that the teachers working in the recognized aided private schools are entitled to a parity in pay with the teachers employed in the government schools. under section 13 of the act of 1984, the scales of the pay and allowances, pension, gratuity, provident fund and other prescribed benefits of the employees of a recognized private school ..... in the vocational stream requires to be excluded. it is contended on behalf of the respondent that the vocationalization of education is a separate scheme sponsored and financed by the central government and the said scheme envisages a distinct staffing pattern, where the higher secondary schools having three vocational courses, one post of vice-principal ..... and after discussion with the goa school advisory board, the two circulars were issued on 28.05.1998 and 31.03.1999 with the approval of the finance department whereby, the post of principal in the schools, having enrollment between 120 to 300 students, was brought in the pay scale of rs.8,000-13 .....
Tag this Judgment!Court : Mumbai
..... try and dispose of the said arbitration appeal, in my view such averments also would not confer jurisdiction of this court by applying the provisions of section 42 of the arbitration act. 77. a perusal of the arbitration petition filed by the petitioners indicates that the petitioners have not raised any plea that this court will have ..... filed by the applicants herein before this court. 36. learned senior counsel also invited my attention to the arbitration application (34 of 2012) filed under section 11 of the arbitration act by the respondent nos.1 to 5 (applicants herein) before the chief justice of this court in which the parties were referred to mediation. my attention ..... assist the case of the respondents to the arbitration petition and not the petitioners herein. 68. insofar as judgment of this court in case of l and t finance limited vs. vardhman chemtech ltd. and ors. delivered on 7th january, 2014 in arbitration petition (l) no.1460 of 2013 by the learned senior counsel for .....
Tag this Judgment!Court : Mumbai
..... returns periodically and paid the purchase tax on the purchase price. however, disregarding the submissions of the petitioners, the orders of assessment were passed under section 7 of the act. since the stand of the respondent was unsupported by any law, the present petition was submitted challenging those orders of assessment along-with the legality of ..... report of the field mukadam, the factory in question would issue a certificate on the basis of which the cultivator, if he so desires, can obtain the finance from the bank which is known as crop loan so that he can meet the expenses of cultivation including the cost of fertilizers, pesticides, wages to workers etc ..... . dy. commissioner of commercial taxes, (2006) 139 stc 413 (kar.). (vi) p. s. n. s. ambalavana chettiar and co. ltd. and anr. vs. express newspapers ltd., air 1968 sc 741. (vii) the state of orissa vs. utkal distributors (p) ltd., (1966) 17 stc 320 (sc). (viii) thiru arooran sugars ltd. vs. deputy commercial tax officer, (1988 .....
Tag this Judgment!Court : Mumbai Goa
..... 21. in the case of vishnunarayan and associates (p) ltd. (supra), the question was about eviction of unauthorized occupants in the context of section 6 of west bengal government premises (tenancy regulation) act, 1976. it was held that the state and its executive officers cannot interfere with the rights of the others, except where the activities are ..... supreme court, in the case of manoj narula vs. union of india, reported in (2014) 9 scc 1. 8. it is submitted that the under secretary (finance) would have no authority to lay down any such requirement as contained in para 3 of the communication dated 09.02.1989. it is submitted that the goa excise ..... sale of imfl, cl and fl has been rejected. the petitioner is also challenging the communication dated 09.02.1989, issued by the under secretary, department of finance (revenue and control) and in particular, clause 3 thereof, by which the excise authority has been asked to ensure that people with criminal background/police record should .....
Tag this Judgment!Court : Mumbai
..... earlier dicta of the court in perumon bhagvathy devaswom (2008) 8 scc 321)case. these dicta clearly lay down that the words 'sufficient cause' in section 5 of the limitation act, particularly in the context of an application for bringing legal heirs of deceased defendant on record, should receive a liberal construction so as to advance substantial ..... it is submitted that the original plaintiff company having been wound up by the calcutta high court, and the applicant not having sought any leave under section 446 of the companies act, 1956 or brought on record the official liquidator, the present application is not maintainable; (3) it is submitted that the document on the basis of ..... . this chamber summons is taken out by the applicant - state bank of india, as an assignee of the suit debt from the original plaintiff - sbi home finance limited. the latter is an entity promoted by the former. the applicant as an assignee seeks to prosecute the present suit under order 22 rule 10 of the .....
Tag this Judgment!Court : Mumbai
..... and/or revaluation and after considering the present or future need, may amend the schedule by adding and/or omitting non-standards as provided under section 20 of the rte act and/or even otherwise. the state government and/or the local authorities and/or the appropriate government, therefore, are under obligation to take joint ..... provided that in case there is no finance commission in existence at the time of a particular reference, the central government may set up an alternative mechanism for the purpose of providing resources to the state government. ? 11. the relevant sections 19, 24 and 25 of the rte act, read with the schedule and the rules ..... or substantially financed by funds provided directly or indirectly by the appropriate government or by a local authority, shall ensure that vacancy of teacher in a school under its control shall not exceed ten per cent of the total sanctioned strength. ? 7. the relevant sections of meps act and the meps rules are as under section 2(7) .....
Tag this Judgment!Court : Mumbai Goa
..... minor as such, can be made out or read in the complaint/fir. he fairly submitted that this court may pass appropriate orders insofar as offence under section 8 of the act of 2003 is concerned. 7. we have given our anxious consideration to the rival circumstances and the submissions made. it appears that there is some dispute ..... out. it is submitted that rest of the offences, including one relating to rioting, would be consequential to the same. the learned counsel would also submit that section 8 of the act of 2003 could not have been invoked, only because one of the persons allegedly assaulted namely, master jason rodrigues was aged 17 years. he therefore submitted that ..... of india vs. peerless general finance and investment co. ltd. and others, reported in (1987) 1 scc 424, in order to submit that interpretation to be placed on a provision must depend on the text, as also the context. it is submitted that viewed from this angle, the offence under section 8 of the act of 2003 cannot be said .....
Tag this Judgment!Court : Mumbai
..... to cause a person's death are ingredients of the offence of culpable homicide. when intent or knowledge as described above is the direct motivating force of the act complained of, section 304a has to make room for the graver and more serious charge of culpable homicide. . ? [xii] 1994 supp (2) scc 67 [balwant singh vs ..... patil died on 3.10.2007 when the matter was still with the metropolitan magistrate court. the application for taking his evidence on record under section 33 of the evidence act was filed by the prosecution (below exhibit131). it may not be of specific importance but the timing of said application (exhibit131), by the prosecution ..... and was not available for cross-examination before the sessions court. his evidence recorded before the metropolitan magistrate was accepted as a substantive evidence under section 33 of the evidence act. 28. in order to appreciate the broad submissions on behalf of the defence, the effect of the prosecution evidence is required to be summarized. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... expected to prove the things like execution of document and contents of the document. relevant provisions in that regard are quoted hereinafter. 14. the provision of section 59 of the evidence act reads as under:- "59. proof of fact by oral evidence.-- all facts, except the contents of documents or electronic records, may be proved by ..... oral evidence." thus, the ordinary rule is that for proving contents of document, the document itself is the best evidence. section 61 of the evidence act relaxes this rule. section 61 and other provisions show that when there are circumstances due to which it is not possible to produce the document and the grounds ..... 1) [nathulal vs. pholchand], the apex court has observed that for showing readiness and willingness the purchaser need not produce money or vouch concluded scheme for financing the transaction. it is already observed that the nature of proof of readiness and willingness to perform the part of contract depends on facts and circumstances of .....
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