Court : Mumbai
Reported in : 2005(4)ALLMR222; 2006(1)BomCR890; 2005(3)MhLj567
..... of the secondary schools code of the state government insofar as they are not inconsistent with the provisions of the act and the regulations.'clause 17 of chapter 1 of the code which deals with definitions, defines the management as under :--'(17) the management means an association ..... any of the statutory universities if the person holding it is appointed before 1-10-1970;(iii) the s.t. certificate of the education department of this state if the person holding it is appointed before 1-10 ..... -1970;(iv) the diploma in education of the graduates basic training centres;(v) the diploma in physical education recognised ..... a teacher teaches. the only distinction made is between permanent and temporary teachers. (rule 10, categories wise of employees. rule 68.1, chapter iii, section 11 of the code). thirdly, the rules and the code reject the relevance of pay scale for the purpose of seniority .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(5)BomCR564
..... . inland revenue commissioners, reported in 1963 a.c. 235. in this case the deceased person had 'control' of a company within the meaning of section 65 of the finance act, 1940, during the five years ending with his death on march 29, 1953. thus the shares held by him in the company fell to be valued for estate duty ..... a debt to a banking company which was later amalgamated with a subsidiary bank. the question was whether after kerala agriculturist debt relief act, 1970, the subsidiary bank had a right to recover the debt. under the said act, the word 'debt' included any debt exceeding rs. 3,000/- borrowed under a single transaction and due before the commencement of ..... also. again, in jain brothers v. union of india, : [1970]77itr107(sc) , the supreme court had to deal with the legality of the levy of a penalty under the 1961 act, with reference to a return filed under the 1922 act before 1st april, 1962, when the 1961 act came into force. upholding the levy of penalty in such a case .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(2)BomCR419
..... and an amount which shall be determined in accordance with the principle and which shall be given in the manners specified in the chapter.' by section 11(c) of the amending act it was provided that if no agreement could be reached between the parties, the amount payable for acquisition of the land under the ..... agricultural lands, the method of capitalisation is followed by our courts for several years see raja vyricherla narayana gajapatiraju v. revenue divisional officer , rustom cavasjee cooper v. union of india : [1970]3scr530 , union of india v. smt. shanti devi : [1984]1scr217 , special land acquisition officer, davangere v. p. veerabhadrappa : [1985]154itr190(sc) and oriental gas co. ..... learned counsel for the claimants.16. the claimants rely upon copy of consent order passed by the court of small causes at bombay on 17th march 1970 in municipal petition no. m/22 of 1966 whereunder market value of the setback land acquired by municipal corporation from the handloom house was fixed by .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(4)BomCR700; [2005]123CompCas841(Bom); (2004)2CompLJ363(Bom); [2004]51SCL307(Bom)
..... with statutory powers required to deal effectively with all matters relating to capital market.11. ** ** **12. the other essential provisions as provided in chapter vi-a of the sebi act, tilled as 'penalties and adjudication'. sections 15a, 15j (prior to amendment dated 29-10-2002) as referred by both the parties, are ..... be exercised judiciously and on a consideration of all the relevant facts.(iii) cit v. anwar ali : [1970]76itr696(sc) : this is a case under section 28(1)(c) of the income-tax act, dealing with concealment of particulars of income, deliberate furnishing inaccurate particulars and penal nature of proceedings.(iv) cit ..... , (15hb), penalty if not separately provided.27. therefore, for respective default or failure, penalty is provided under the act. the scheme of the sebi act of imposing monetary penalty is very clear. this chapter nowhere deals with criminal offence. these defaults for failures are nothing, but failure or default of statutory civil obligations provided .....
Tag this Judgment!Court : Mumbai
Reported in : [1972]83ITR136(Bom)
..... april 1, 1946, tax was not levied on capital gains. it was for the first time levied by the income-tax and excess profits tax (amendment) act, 1947. by the finance act of 1949, levy of tax on capital gains was removed as from march 31, 1948. once again capital gains were taxed under the provisions of the ..... decision of a division bench of this court in the case of commissioner of income-tax v. balwantrai jethalal vaidya, where, having regard to the scheme of chapter v and other relevant factors, chief justice chagla observed that in assessing trustees to income-tax it is mandatory to proceed in accordance with the provisions in section 41 ..... of the settlor. relying upon the observations in the case of commissioner of income-tax v. balwantrai jethalal vaidya and the fact that section 41 was contained in chapter v. which specifically dealt with liabilities in special cases, he submitted that in every case where the assessees where transferees, the provisions in section 41 would be compulsorily .....
Tag this Judgment!Court : Mumbai
Reported in : 1986(1)BomCR335; [1986(52)FLR91]; (1987)ILLJ242Bom; 1986MhLJ491
..... considered as an industry carried on by or under the authority of the central government for the purpose of the contract labour (regulation and abolition) act 1970. while negativing this contention the supreme court observed that the food corporation of india was expressly included in the amended definition in part (i) of ..... as may be specified in this behalf by the central government or in relation to an industrial dispute concerning the industrial finance corporation of india established under section 3 of the industrial finance corporation act, 1948 (15 of 1948) or ....., the central government; and (ii) in relation to any other industrial dispute, ..... that case the supreme court was concerned with the interpretation of the contract labour (regulation and abolition) act of 1970. section 2(a) of the contract labour (regulation and abolition) act defines 'appropriate government' in that act. this definition also uses the phrase 'any industry carried on by or under the authority of the .....
Tag this Judgment!Court : Mumbai
Reported in : (1983)34CTR(Bom)23; [1983]143ITR120(Bom); [1983]13TAXMAN146(Bom)
..... my notice.17. in support of his submission mr. dastur relied upon s. 141 of the i.t. act, which was deleted from the statute book by the t.l. (amend.) act, 1970, with effect from april 1, 1971, and upon two decisions, one of this high court and the other ..... not includible in the total income. none of these clauses refer to or provide for the deductions to be claimed under chap. vi-a. chapter vi-a provides for deductions to be made in computing the total income. the heading of chap. vi-a is deductions to be made ..... . these decisions are s.t.a. no. 215 (bom) of 1973-74 - inarco ltd. v. ito, s.t.a. no. 24 (bom) of 1970-71 - ito v. abc, bombay, and s.t.a. no. 97 (bom)/1973-74 - ull, bombay, v. ito. in ignoring the above statutory ..... contention of siemens advanced before me. these cases are sp. c.a. no. 12 of 1967-68 - hindustan lever ltd. v. ito, decided on january 17, 1970, sp. c.a. no. 1 (bom) of 1973-74 - burroughs welcome & co. (india) private limited v. super profits tax officer - decided on may .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(1)BomCR610
..... operative society and giving of financial assistance in any other form, including subsidies to any multi-state co-operative society. sections 50 to 65 of the act in chapter vi provides for restrictions upon the disposal of net profits, investment of funds by a multi-state co-operative society, restrictions on loans, restrictions on ..... 1966)illj437sc , in which the infringement of the regulation framed by the state transport corporation which was an autonomous statutory corporation formed under the road transport corporations act, 1950 as also the infringement of the principles of natural justice was held to attract the writ jurisdiction of the high court under article 226 of the ..... not purely a private body. 29. it is then necessary to sec the provisions of the act having bearing upon the finances, the properties and funds of the multi-state co-operative society. section 59 of the act deals with the question of giving government aid to the multi-state co-operative society. it provides .....
Tag this Judgment!Court : Mumbai
Reported in : 1986(2)BomCR63; (1986)88BOMLR620; (1986)58CTR(Bom)1; [1986]162ITR331(Bom)
..... itself as was, indeed, done in the case of other officers such as the inspecting assistant commissioner by the finance act, 1965, and the commissioner (appeals) by the finance act, 1977. unlike, therefore, the assistant director of inspection acting under section 131(1a), the officers mentioned in section 131(1), cannot issue summons without there being in existence ..... impose upon him such fine not exceeding five hundred rupees as it thinks fit, and the fine so levied may be recovered in the manner provided in chapter xvii-d.(3) subject to any rules made in this behalf, any authority referred to in sub-section(1) or sub-section(1a) may impound ..... 1978, to the assessee.4. subsequently, in may, 1980, the assessee received from the first respondent (hereinafter 'the respondent') summons under section 131 of the act calling upon the assessee to furnish books of account, documents and information on various points specified therein in respect of the samvat years 2027, 2028 and 2029 corresponding .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(3)BomCR230
..... which are at present under sea. the petitioners are a nationalised bank and body corporate constituted under the banking companies (acquisition and transfer of undertakings) act, 1970 and carry on business of banking in diverse places in india. by this petition filed under article 226 of the constitution of india the principal relief ..... bombay region. the board after scrutinising the plans and examining the suggestions and objections received from public at large, finalised the plan on october 5, 1970. the planning board noticed that the problems of organisation in major metropolitan cities have been complex. the board realised that if these problems have to be ..... was innocent and was denied the advantage which was conferred to all other allottees. the learned counsel urged that the regional plan for bombay metropolitan region, 1970 specifically provided that the commercial area should be restricted to 20% in the backbay reclamation and the allotment of plots was within the limits of the .....
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