Judgment Search Results Home > Cases Phrase: finance act 1978 chapter iii direct taxes Court: mumbai Page 64 of about 1,733 results (0.194 seconds)

Shri Chandrahas D. Chodankar Vs. the State of Goa (Through the Secreta ...

Court : Mumbai

Reported in : 2008(6)ALLMR164; 2008(6)BomCR789; (2008)110BOMLR2621; 2009(2)MhLj56

..... person experienced in law or with the legal background. the inquiry officer who has been appointed in this case is the managing director of goa construction housing and finance corporation ltd. the person who was appointed as the presenting officer was one time a deputy collector. in such circumstances, we are of the opinion that the ..... or subsection (2) shall not be varied to his disadvantage except with the previous approval the central government.a bare perusal of the same would indicate that chapter i of part xiv of the constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs of the state ..... bare perusal of sub-section (7) of section 115 of the sates reorganisation act, 1956, reproduced above makes it clear that nothing contained in that section could, after the appointed day i.e. november 1, 1956, affect the operation of the provisions of chapter i or part xiv of the constitution which includes articles 311 thereof in .....

Maharashtra State Electricity Distribution Company Ltd. and Another Vs ...

Court : Mumbai

..... decree or from an order by reason of order 41, rule 11, cpc read with order 42, rule 1 and order 43, rule 2, cpc respectively. but for rule 17, chapter v, clause (a) of the appellate side rules, particular categories of appeal, namely, appeals from original decree or from an order under article 226 of the constitution, appeals under workmens ..... 136)para 6) (5) motilalsrinivasa sarda vs. the netha co-op spinning mills ltd (air 1975 ap 169) (para 16, 17) (6) union of india vs. s. kesar singh (air 1978 j and k 102)(para 6) (7) ramdeofood products (p) ltd. vs. arbindbhai rambhai patel and ors (2006 8 scc 726)(paras 73-76) (8) claude-lila parulekar (smt.) vs ..... thereof, for hearing under order 41, rule 11, cpc in clause (b), rule 17, chapter v itself. 8. thus, unless specifically excluded the application of order 41, rule 11, cpc cannot be excluded in respect of an appeal preferred under sections 37(1)(a) of the 1996 act. the learned senior counsel for mseb had further re lied upon the judgment of .....

Sunil Gayaprasad Mishra Vs. Rashtra Sant Tukdoji Maharaj University an ...

Court : Mumbai Nagpur

..... other officers of the university and a reading thereof would disclose that the vice chancellor supervises the working of these officers as well. 50} chapter iv of the act outlines the authorities of the university and it would not be necessary to refer to them, save and except, the section 37, which provides ..... by or on behalf of the university, and to cause an inquiry to be made in a like manner regarding any matter connected with the administration or finance of the university, affiliated college or recognised institutions: provided that, the vice chancellor shall, in the case of affiliated college or recognised institution, give notice ..... definite role to play in selection and appointment of teachers and other employees of the affiliated colleges. 53} even for affiliation, there are conditions prescribed under chapter x, which is entitled permission, affiliation and recognition . the affiliated colleges have to comply with the directions and orders issued by the chancellor and vice .....

Uttam S/O Shamlal Jaiswal Vs. the State of Maharashtra and Others

Court : Mumbai

Reported in : 1998(1)BomCR437; 1998(1)MhLj333

..... and, then, after introduction ot respondent no. 2 in the business, in the name of two. whether the petitioner had knowledge or not, whether the petitioner had finances or not, were not the questions to be gone into by the learned secretary nor were those points for decision before him. the learned secretary was only supposed to ..... deleted from the partnership and would be held responsible for the consequences thereof. no doubt, the usual undertaking as regards abiding by the rules and regulations of the prohibition act, orders and conditions of the license was also given by said pradeep - the respondent no. 2.6. after rejection by the collector by order dated 6th february, 1982 ..... petitioner entered into an agreement with the respondent no. 2 - pradeep for doing the business in partnership. this deed of partnership is dated 21st november, 1978, a copy of which is on the record of this petition at annexure 'b'. amongst other clauses of the partnership, there was a clause to the effect .....

Shri Mafaldo Fernandes, Sarpanch of Village Panchayat Vs. Shri Kushali ...

Court : Mumbai

Reported in : 1997(2)BomCR73; 1996(2)GLT46

..... employment with, under or by or on behalf of, the panchayat. (g) he is employed in any corporation, whether statutory or otherwise, owned or controlled or financed in part or fully, by the central government or the government or any state government .' 'section 11 :---decision on questions as to disqualification--- if any question ..... and any such investigation, legal proceeding or remedy may be instituted., continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this act had not been passed: provided further that : (a) subject to the preceding provisions, anything done or any action taken (including any appointment or delegation made, ..... of the repealed regulation or the said ordinance shall, unless a different intention appears, be construed as a reference to the corresponding provisions of this act. provided further that not with standing anything contained in any other law for the time being in force all panchayats continued in terms of proviso to .....

Union of India (Uoi) and ors. Vs. Western Rolling Mills Ltd. and anr.

Court : Mumbai

Reported in : 1990(26)LC585(Bombay)

..... , respondents went in appeal and later in revision and the revision application was decided by the customs authorities against the respondents on 29th november 1978. this petition was filed on 29th march 1979. it is curious that although this was the only point urged in the appeal, this ..... follow from case to case. there is no lower limit and there is no upper limit. a case may be brought within limitation act by reason of some article but this court need not necessarily give the total time to the litigant to move this court under article ..... of the svadeshi mills company limited v. union of india and ors. 1982 ecr 165 (bom) that:the limitation act, 1963, does not directly apply to writ petitions and each case has to be judged on its own merits. though the limitation ..... act, 1963 does not directly apply to writ petitions, the court might refuse to exercise its discretion in favour of the .....

Sunil Gayaprasad Mishra Vs. Rashtra Sant Tukdoji Maharaj University an ...

Court : Mumbai Nagpur

..... other officers of the university and a reading thereof would disclose that the vice chancellor supervises the working of these officers as well. 50} chapter iv of the act outlines the authorities of the university and it would not be necessary to refer to them, save and except, the section 37, which provides ..... by or on behalf of the university, and to cause an inquiry to be made in a like manner regarding any matter connected with the administration or finance of the university, affiliated college or recognised institutions: provided that, the vice chancellor shall, in the case of affiliated college or recognised institution, give notice ..... definite role to play in selection and appointment of teachers and other employees of the affiliated colleges. 53} even for affiliation, there are conditions prescribed under chapter x, which is entitled permission, affiliation and recognition. the affiliated colleges have to comply with the directions and orders issued by the chancellor and vice .....

Magnum Developers and Others Vs. Lal Shah Baba Dargah Trust and Anothe ...

Court : Mumbai

..... be such as may be prescribed. section 109 empowers the state government, by notification in the official gazette, to make rules to carry out the purposes of the act, other than those of chapter iii. clause (xxii-a) of sub-section (2) of section 109 lays down terms and conditions of appointment including the salaries and allowances payable to the ..... , b.r. enterprises v. state of uttar pradesh, (1999) 2scr 1111, madan sigh v. union of india,air 1999 sc 3378. in sunil batra v. delhi administration, air 1978 sc 1675, the rule of reading down and reading wide was acclaimed as an integral part of interpretational engineering. i will deal with this judgment a little later. suffice it ..... nathjibhai patel and anr., jt[1998] 2sc 253). it is contrary to all rules of construction to read words into an act unless it is absolutely necessary to do so. (see stock v. frank jones (tiptan) ltd. (1978 1 all er 943 (hl). rules of interpretation do not permit courts to do so, unless the provision as it stands is .....

A.K. Menon, Custodian Vs. Karnataka Bank and anr.

Court : Mumbai

Reported in : 1995(4)BomCR188

..... of bharat nidhi ltd. v. takhatmal, reported in : [1969]1scr595 . in this case a contractor entered into an arrangement with a bank whereby it agreed to finance the contracts and to advance monies to the contractor against his bills for supplies under the contracts for the purpose of caring out this arrangement the contractor executed an irrevocable ..... /or were recoverable by respondent no. 2 from the various hire-purchasers. by recovering directly and then appropriating they have by-passed the provisions of the special courts act. the 1st respondents' have in the words of the karnataka high court's order dated 25th november, 1993, nullified the effect of the order passed by the ..... along with other creditors. this court held that banks also had to receive their claim in the order as laid down under section 11 of the special courts act. this court has held that amongst creditors of the same class a bank which had security over a particular asset would have priority over other banks/financial .....

Bharat Petroleum Corporation Limited and anr. Vs. Municipal Corporatio ...

Court : Mumbai

Reported in : 1985(1)BomCR310b

..... learned counsel appearing for the petitioners, it is necessary to make reference to certain relevant provisions of the act. section 297 forms part of chapter xi of the act dealing with regulation of streets. section 297 of the act confers power upon the commissioner to prescribe a line on each side of any public street and such line ..... thereon. the right, title and interest of the lessee now vests in the petitioner company. the petitioner no. 2. was appointed as a dealer in august 1978 for the purpose of running the petrol pump. the petitioners claim that the petrol pump is run on the leased property for last several years and has ..... and thereafter handed over to the petitioner no.1 corporation. in these circumstances, it is impossible to accept the submission that the corporation is constituted by an act of parliament and, therefore, prior sanction of the state government is necessary before recovering possession.10. shri damania also submitted that the commissioner should not exercise .....