Array ( [0] => ..... their able assistance, we have perused the documents placed on record and, in particular, the government resolution dated 5th february, 1990, issued by the finance department, government of maharashtra, mantralaya, mumbai. the introductory part of the said resolution reads thus: government has sanctioned rates of house rent allowance to ..... mantralaya, mumbai i.e. respondent no.2, can take away the protection granted by the government resolution dated 5th february, 1990, issued by the finance department, government of maharashtra, mantralaya, mumbai, in favour of the employees working in rural areas, wherein the condition prescribed in respect of employees in ..... steps. the provisions of section 248 of the maharashtra zilla parishads and panchayat samitis act, 1961 reads thus: 248. recruitment and conditions of service of persons serving the zilla parishad. “ subject to the provisions of this chapter, the state government may make rules regulating - (a) the recruitment (including reservation ..... [1] => ..... known as anti defection act or disqualification act. it is structured on the line of schedule x of the constitution, and the principle gener-alia specialibus non derogant is applicable in present case. municipal law is a law relating to administration of the municipal council. he submits that section 63 falls in chapter iii, which deals ..... of the provisions particularly with reference to paragraph no.14 therein which reads thus - 14. it is pointed out by this court in rbi v. peerless general finance and investment co. ltd., 33. interpretation must depend on the text and the context.... neither can be ignored. both are important. that interpretation is best which ..... be then the approach towards interpreting the provisions in such a situation? guidance can be had from three passages quoted herein below: (a) in rbi v. peerless general finance and investment co., ltd., o. chinnappa reddy, j. has observed as follows: œ33. interpretation must depend on the text and the context. they are the bases ..... [2] => ..... of premises licence for starting social club/card room amusement for its members. the petitioner further states that, procedure for grant of premises licence is given under chapter iii of the rules of 1960. rule 108 is in respect of application to be made for premises licence and documents to be accompanied with application, ..... that, respondent no. 3 issued letter on 6th january, 2010 asking the petitioner to comply with certain documents i.e. registration certificate under bombay public trusts act, 1950, shop act licence, map, proof of land, certificate of health department, certificate of electricity inspector and certificate of fire brigade. it is stated by the petitioner that, ..... cannot be considered in view of the judgment of the apex court in case of mohindersingh gill and another vs. the chief election commissioner reported in air 1978 sc 851. it is further submitted that, the authorities are misinterpreted rule 110(b) of the said rules, thereby stating that, as the petitioner is ..... [3] => ..... should never be used to extend scope of the section." 70. as has been observed by the supreme court in the matter of rbi vs. peerless general finance and investment co. ltd., reported in (1987) 1 scc 424, the textual interpretation that matches the contextual is known to be best interpretation. it is ..... specialibus non-derogant is applicable in the present case. the municipal law is a general law relating to administration of municipalities, including maharashtra municipalities act, whereas, disqualification act, is a special law dealing with the subject of disqualification of members of the local authorities on the grounds specified therein. there are certain ..... are pari materia to section 31a(2) of the bombay provincial municipal corporations act. section 63 of the municipalities act is included in chapter iii which relates to duties and functions of the council and the municipal executive. part (4) of chapter iii refers to 'committees' which includes sections 62 to 73. section 63 relates ..... [4] => ..... 4 provides for special provisions for children not admitted to, or who have not completed, elementary education. section 5 provides of right to transfer to other school. 75. chapter iii of rte act provides for duties of the appropriate government, local authority and parents. sections, 6, 7, 8, 9 and 11 read thus:- œ6. duty of appropriate government and ..... a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate government or a local authority, such child or his or her parents or guardian, as the case may be, ..... a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate government or a local authority, such child or his or her parents or guardian, as the case may be, ..... [5] => ..... be certain and all necessary ingredients must be disclosed and established. 18. in this background, the scheme of s. 44, 45 and s.53 of 1966 act needs appreciation. chapter iv of the act is about control of development and use of land included in dp. s.43 prohibits every person from carrying out the development or changing use of land ..... urged that s.58 does not empower petitioner to decide the rights and legality or otherwise of the construction. as the respondent no. 5 has been given the right to finance, build and transfer the stadium, it is obvious that till the stadium is transferred to and vets in either petitioner or respondent no. 2, the respondent no.5 ..... sent by assistant director of town planning to the chief officer of municipal council, ahmadnagar which shows that final development plan for ahmadnagar is in force since 1.4.1978 after final sanction by the state and in it, entire area of wadia park is reserved as sports center and open play ground. it is stated that therefore, ..... [6] => ..... be final and a copy of the order shall be served on the teacher concerned by the vice chancellor within three days from its receipt." 14. chapter iii of the maharashtra universities act, 1994 deals with the officers of the university, their powers and functions. the chancellor is the officer of the university. as per section 9 of ..... of the principles of natural justice. the same can not be sustained and deserves to be set aside. (b) the learned counsel relies on the following judgments : (i) 1978 (1) scc 248 "mrs.maneka gandhi vs.union of india and another" (ii) 1985 mh.l.j. 887 "vidarbha nagarpalika parishad and others vs. state of maharashtra and ..... it would show that the chancellor has an administrative control. the power of the chancellor is that of a superintendence as per section 9 of the universities act. the learned senior counsel alternatively submits that even if it is assumed without admitting that principles of natural justice are to be observed then a written representation would ..... [7] => ..... report, in this behalf, from the accountant general (accounts and entitlement), maharashtra, mumbai or nagpur, as the case may be. the approval of the finance department for payment of such interest shall not be necessary. 14. therefore, in our considered view, since the respondents did not pay the amount towards enhanced ..... in payment of such gratuity was attributable to the failure on the part of the government servant, to comply with the procedure laid down in this chapter : provided further that no interest shall be payable in the case where a provisional gratuity is paid. (2) every case of delayed payment of ..... of the petitioner that the petitioner is the association of college and university superannuated teachers (maharashtra), which is a registered organization under the maharashtra societies registration act, 1860. the main grievance of the petitioner association pertains to discrimination made by the respondents while giving the gratuity amount to the teachers, who retired ..... [8] => ..... the duty of the labour court is to decide complaints relating to unfair labour practice described in item 1 of schedule iv and to try offences punishable under the act. chapter v consists of sections 24 and 25 which deal with illegal strikes and lockouts. section 24(1) defines "illegal strike" whereas section 24(2) defines "illegal ..... under the said section is withdrawn within forty-eight hours of such declaration, such strike or lockout "shall not for the purposes of this act be deemed to be illegal under this act." 6. chapter vi which contains sections 26 to 29 deals with unfair labour practices. section 26 defines "unfair labour practices" as those which are listed ..... shall be taken to be" an illegal lockout (strike) under section 24 of the act. we have then more or less a direct unreported decision of a division bench of this court in special civil application no.1503 of 1978 decided on 14th august 1978. in this case, an application for recognition was made by the union which was ..... [9] => ..... is not accepted. it was for the first time by letter dtd. 25/08/2012 the bank got knowledge of the said alleged claim. the borrower has availed consortium finance from 9 bankers therefore their claim was within the knowledge of msc bank, being a lead bank, but the claim of uttam industry is a unsecured claim. the bank ..... including the borrower aggrieved by any of the measures referred to in sub section 4 of section 13 taken by the secured creditor or his authorized officer under the said chapter. needless to state, section 17 is a remedy to a person who is aggrieved by any measures taken by the secured creditor u/s. 13(4). 26. m/s ..... that though the petitioner may be aggrieved by the impugned order of forfeiture passed by the respondent no.2/bank, the said issue being covered by the indian contract act, would render the petition untenable before this court. he further contended that the petitioner should be relegated to an alternate remedy in the nature of initiating civil proceedings for ..... [10] => ..... obtaining the admissibility report in this behalf from the accountant general (accounts and entitlement), maharashtra, mumbai or nagpur, as the case may be. the approval of the finance department for the payment of such interest shall not be necessary. (3) in all cases, where interest has been authorized on pension or family pension, as ..... if the delay in payment of pension was attributable to the failure on the part of the government servant to comply with the procedure laid down in this chapter : provided further that, no interest shall be payable for the period for which a provisional pension is sanctioned. in case of government servant to whom ..... employees were eligible for permanency benefits from 1.1.1979. as such, they had fulfilled the criteria of qualifying service for pension. the state government should have acted in promptitude in releasing their pensionary benefits. same were not made available and that led to a struggle by the respondents. they finally reached this court, which ..... ) Finance Act 1978 Chapter Iii Direct Taxes - Court Mumbai Aurangabad - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: finance act 1978 chapter iii direct taxes Court: mumbai aurangabad Page 1 of about 13 results (0.061 seconds)

Oct 19 2015 (HC)

Maharashtra Rajya Prathamik Shikshak Sangh Vs. The State of Maharashtr ...

Court : Mumbai Aurangabad

..... their able assistance, we have perused the documents placed on record and, in particular, the government resolution dated 5th february, 1990, issued by the finance department, government of maharashtra, mantralaya, mumbai. the introductory part of the said resolution reads thus: government has sanctioned rates of house rent allowance to ..... mantralaya, mumbai i.e. respondent no.2, can take away the protection granted by the government resolution dated 5th february, 1990, issued by the finance department, government of maharashtra, mantralaya, mumbai, in favour of the employees working in rural areas, wherein the condition prescribed in respect of employees in ..... steps. the provisions of section 248 of the maharashtra zilla parishads and panchayat samitis act, 1961 reads thus: 248. recruitment and conditions of service of persons serving the zilla parishad. subject to the provisions of this chapter, the state government may make rules regulating - (a) the recruitment (including reservation .....

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May 09 2014 (HC)

Shobha Dipak Behde Vs. Umakant Reva Fegade and Others

Court : Mumbai Aurangabad

..... known as anti defection act or disqualification act. it is structured on the line of schedule x of the constitution, and the principle gener-alia specialibus non derogant is applicable in present case. municipal law is a law relating to administration of the municipal council. he submits that section 63 falls in chapter iii, which deals ..... of the provisions particularly with reference to paragraph no.14 therein which reads thus - 14. it is pointed out by this court in rbi v. peerless general finance and investment co. ltd., 33. interpretation must depend on the text and the context.... neither can be ignored. both are important. that interpretation is best which ..... be then the approach towards interpreting the provisions in such a situation? guidance can be had from three passages quoted herein below: (a) in rbi v. peerless general finance and investment co., ltd., o. chinnappa reddy, j. has observed as follows: 33. interpretation must depend on the text and the context. they are the bases .....

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Apr 15 2013 (HC)

Anandsagar Bahuddeshiya Social Krida Mandal (Sanstha) Vs. the State of ...

Court : Mumbai Aurangabad

..... of premises licence for starting social club/card room amusement for its members. the petitioner further states that, procedure for grant of premises licence is given under chapter iii of the rules of 1960. rule 108 is in respect of application to be made for premises licence and documents to be accompanied with application, ..... that, respondent no. 3 issued letter on 6th january, 2010 asking the petitioner to comply with certain documents i.e. registration certificate under bombay public trusts act, 1950, shop act licence, map, proof of land, certificate of health department, certificate of electricity inspector and certificate of fire brigade. it is stated by the petitioner that, ..... cannot be considered in view of the judgment of the apex court in case of mohindersingh gill and another vs. the chief election commissioner reported in air 1978 sc 851. it is further submitted that, the authorities are misinterpreted rule 110(b) of the said rules, thereby stating that, as the petitioner is .....

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Jun 29 2016 (HC)

Shah Faruq Shabir and Others Vs. Govindrao Ramu Vasave and Others

Court : Mumbai Aurangabad

..... should never be used to extend scope of the section." 70. as has been observed by the supreme court in the matter of rbi vs. peerless general finance and investment co. ltd., reported in (1987) 1 scc 424, the textual interpretation that matches the contextual is known to be best interpretation. it is ..... specialibus non-derogant is applicable in the present case. the municipal law is a general law relating to administration of municipalities, including maharashtra municipalities act, whereas, disqualification act, is a special law dealing with the subject of disqualification of members of the local authorities on the grounds specified therein. there are certain ..... are pari materia to section 31a(2) of the bombay provincial municipal corporations act. section 63 of the municipalities act is included in chapter iii which relates to duties and functions of the council and the municipal executive. part (4) of chapter iii refers to 'committees' which includes sections 62 to 73. section 63 relates .....

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May 09 2014 (HC)

Balaji and Others Vs. the State of Maharashtra Through the Secretary, ...

Court : Mumbai Aurangabad

..... 4 provides for special provisions for children not admitted to, or who have not completed, elementary education. section 5 provides of right to transfer to other school. 75. chapter iii of rte act provides for duties of the appropriate government, local authority and parents. sections, 6, 7, 8, 9 and 11 read thus:- 6. duty of appropriate government and ..... a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate government or a local authority, such child or his or her parents or guardian, as the case may be, ..... a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate government or a local authority, such child or his or her parents or guardian, as the case may be, .....

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Dec 10 2013 (HC)

Ahmednagar Municipal Corporation, Through Its Commissioner Vs. the Sta ...

Court : Mumbai Aurangabad

..... be certain and all necessary ingredients must be disclosed and established. 18. in this background, the scheme of s. 44, 45 and s.53 of 1966 act needs appreciation. chapter iv of the act is about control of development and use of land included in dp. s.43 prohibits every person from carrying out the development or changing use of land ..... urged that s.58 does not empower petitioner to decide the rights and legality or otherwise of the construction. as the respondent no. 5 has been given the right to finance, build and transfer the stadium, it is obvious that till the stadium is transferred to and vets in either petitioner or respondent no. 2, the respondent no.5 ..... sent by assistant director of town planning to the chief officer of municipal council, ahmadnagar which shows that final development plan for ahmadnagar is in force since 1.4.1978 after final sanction by the state and in it, entire area of wadia park is reserved as sports center and open play ground. it is stated that therefore, .....

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Jun 10 2013 (HC)

Dr. Shailaja D/o Bhujangrao Wadikar Vs. the Hon'ble Chancellor and Oth ...

Court : Mumbai Aurangabad

..... be final and a copy of the order shall be served on the teacher concerned by the vice chancellor within three days from its receipt." 14. chapter iii of the maharashtra universities act, 1994 deals with the officers of the university, their powers and functions. the chancellor is the officer of the university. as per section 9 of ..... of the principles of natural justice. the same can not be sustained and deserves to be set aside. (b) the learned counsel relies on the following judgments : (i) 1978 (1) scc 248 "mrs.maneka gandhi vs.union of india and another" (ii) 1985 mh.l.j. 887 "vidarbha nagarpalika parishad and others vs. state of maharashtra and ..... it would show that the chancellor has an administrative control. the power of the chancellor is that of a superintendence as per section 9 of the universities act. the learned senior counsel alternatively submits that even if it is assumed without admitting that principles of natural justice are to be observed then a written representation would .....

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Apr 06 2016 (HC)

Association of College and University Superannuated Teachers Vs. Union ...

Court : Mumbai Aurangabad

..... report, in this behalf, from the accountant general (accounts and entitlement), maharashtra, mumbai or nagpur, as the case may be. the approval of the finance department for payment of such interest shall not be necessary. 14. therefore, in our considered view, since the respondents did not pay the amount towards enhanced ..... in payment of such gratuity was attributable to the failure on the part of the government servant, to comply with the procedure laid down in this chapter : provided further that no interest shall be payable in the case where a provisional gratuity is paid. (2) every case of delayed payment of ..... of the petitioner that the petitioner is the association of college and university superannuated teachers (maharashtra), which is a registered organization under the maharashtra societies registration act, 1860. the main grievance of the petitioner association pertains to discrimination made by the respondents while giving the gratuity amount to the teachers, who retired .....

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Feb 03 2016 (HC)

Vibhag Niyantrak (Divisional Controller) Maharashtra State Road Transp ...

Court : Mumbai Aurangabad

..... the duty of the labour court is to decide complaints relating to unfair labour practice described in item 1 of schedule iv and to try offences punishable under the act. chapter v consists of sections 24 and 25 which deal with illegal strikes and lockouts. section 24(1) defines "illegal strike" whereas section 24(2) defines "illegal ..... under the said section is withdrawn within forty-eight hours of such declaration, such strike or lockout "shall not for the purposes of this act be deemed to be illegal under this act." 6. chapter vi which contains sections 26 to 29 deals with unfair labour practices. section 26 defines "unfair labour practices" as those which are listed ..... shall be taken to be" an illegal lockout (strike) under section 24 of the act. we have then more or less a direct unreported decision of a division bench of this court in special civil application no.1503 of 1978 decided on 14th august 1978. in this case, an application for recognition was made by the union which was .....

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Dec 10 2013 (HC)

Court : Mumbai Aurangabad

..... is not accepted. it was for the first time by letter dtd. 25/08/2012 the bank got knowledge of the said alleged claim. the borrower has availed consortium finance from 9 bankers therefore their claim was within the knowledge of msc bank, being a lead bank, but the claim of uttam industry is a unsecured claim. the bank ..... including the borrower aggrieved by any of the measures referred to in sub section 4 of section 13 taken by the secured creditor or his authorized officer under the said chapter. needless to state, section 17 is a remedy to a person who is aggrieved by any measures taken by the secured creditor u/s. 13(4). 26. m/s ..... that though the petitioner may be aggrieved by the impugned order of forfeiture passed by the respondent no.2/bank, the said issue being covered by the indian contract act, would render the petition untenable before this court. he further contended that the petitioner should be relegated to an alternate remedy in the nature of initiating civil proceedings for .....

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