Court : Mumbai
Reported in : 1994(2)BomCR61
..... . the same was done in pursuance of notification. narsing sonar has produced the audited reports of the society. the object of the society is to provide crop finance to the members. it enrolls agriculturists as the members. the agreements are recorded under section 48 and that the mutation is made in 7/12 extracts about the ..... a resource society and majority of the members are agriculturists, as required under section 48 (explanation) read with section 2(25) of the maharashtra co-operative societies' act (act for short). the suit land was given in charge in order to secure the loan as early as on 9th september 1969 for which there was mutation entry no ..... void and, therefore, the plaintiff was entitled to possession of the land. the further pleadings were that the bar of prevention of fragmentation and consolidation of holdings act was also operative in kandal village prior to 1971 and on that count also, the transaction could not survive. as stated above, the plaintiff asked for possession .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1311; JT1993(3)SC561; 1993(3)SCALE927; (1994)1SCC648; [1993]Supp2SCR415
..... be taken into consideration for determination of the price of levy sugar. this will be evident from paragraphs 2.17, 2.20, 2.21 and 2.39 of chapter ii of bhargava commission report. they are extracted below:2.17. statutory minimum prices for individual factories are fixed by the government of india in accordance with the ..... the underlying purpose of sub-section (3c) with the concept of providing compensation for compulsory acquisition of property underlying article 31(2) of the constitution. essential commodities act is not made under entry 42 of list iii of seventh schedule but under entry 33 of list iii. in any event article 31 stands deleted by virtue of ..... that case. it is also not correct that judicial review of price determination is altogether excluded in view of sita ram's case (supra).21. the central government acts on the advice of expert bodies like tariff commission and bureau of industrial costs and prices while determining the prices. the specific case of the government is, that .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR2812; 1994(3)KarLJ628
..... , learned counsel, submitted that as per the scheme of motor vehicles act, as seen above, every chapter in the act is equipped, whenever necessary with a section which empowers the state government to frame rules for the purpose of the chapter. when we come to chapter 13 where sections 200 & 207 are found, the legislature has not ..... state, its resources, its accessibility, its communication, its facilities, the availability of transport services and operators in the state with the necessary expertise, experience and finance to operate all india tourist services and a host of such other factors. apparently it was thought undesirable to make a distinction between state and state on ..... may be made under sub-section (14) of section 88. as per that provision, the central government framed rules called central motor vehicles rules, 1989. chapter 4 of the rules deals with control of transport vehicles tourist permits. under rule 85 of the rules, additional conditions of tourist permit are laid down. .....
Tag this Judgment!Court : Orissa
Reported in : 1994(I)OLR66
..... while dealing with such cases, because sometimes emotions overrun realities. the case at hand belongs to this category. chapter xx-a of the indian penal code (containing section 498-a) was introduced by the criminal law (amendment) act 1983, (act 46 of 1988). the section was introduced to combat the menace of dowry deaths. it reflects the anxiety of ..... 'in-laws' have become 'out-laws' and have directly or indirectly contributed to snuff out the life of a woman. dowry deaths are results of their disgraceful acts. 8ut the courts have to be careful in shifting the evidence to see whether the accusations are true or are aimed at false implication. in the present day ..... and no fixed period can be indicated in that regard. the learned trial judge appears to have committed faux pas by referring to section 113-a of the evidence act in support of his conclusion. that provision has no application to this case, as it relates to abetment of suicide. homicide and suicide are conceptually different. we .....
Tag this Judgment!Court : Mumbai
Reported in : (1994)96BOMLR976
..... fall a freight rates and the recession in the international shipping industry had placed considerable financial burden on the s.d.f.c, and affected its ability to finance new ship acquisitions. although the s.d.f.c. had played its role as a development body satisfactorily, its record in respect of enforcing recovery of loans ..... learned single judge.18. when the objects and reasons, which prompted the central government to bring the act in the statute book, are considered along with the fasciculus of sections appearing in chapter iii, it is manifest that the act is primarily concerned in spelling out a methodology for the recovery of the governmental dues from such of ..... of sukhdev singh v. bhagatram : (1975)illj399sc , the question as to whether the oil and natural gas commission the life insurance corporation and the industrial finance corporation could be described to be 'authorities' within the meaning of article 12 came up for consideration in the background of the provisions of the three .....
Tag this Judgment!Court : Mumbai
Reported in : 1994(2)BomCR641
..... rules, 1972 under which a superannuation or retired pension was received by the pensioners. a memoranda dated 25-5-79 came to be issued by the ministry of finance and another dated 28-9-1979 by the ministry of defence. by those memorandas, pensions came to be revised upward payable to the central civil and military servants. ..... held by maharashtra h.s.c. board in march, 1993. he, therefore, approached one college with form but he was informed that he can appear in march, 1994 examination and his form for registration was not accepted. this was in view of regulation 89(3)(ii).6. there is another writ petition no. 531 of 1993. ..... be co-related to the social, political or economic needs of our developing nation fostering secular values breaking the barriers of casteism, linguism, religious bigotry and it should act as an instrument of social change. education system should be so devised as to meet these realities of life. education nourishes intellectual advancement to develop dignity of person .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (1994)(69)ELT44Tri(Mum.)bai
..... notification sent to the govt. press are also released to the press for publication. they are also laid on the floor of parliament, apart from the finance minister making a mention about the changes brought about by these notifications in his budget speech. can we discard all these modes of publiciting in preference to ..... reasonable diligence acquired any knowledge. natural justice requires that before the law can become operative it must be promulgated or published." here, section 25 of the customs act itself provides for publication of a notification in the official gazette. the said court has, in the same judgment, further observed: "the thought that a ..... notification is issued, the same has to be processed in the same way as the earlier notification. thus, the provisions of section 25 of the customs act, would mutatis mutandis, stand attracted for the notification issued for rescinding the earlier notification and withdrawal of the exemption granted.9. the question that then arises is .....
Tag this Judgment!Court : Company Law Board CLB
Reported in : (1994)81CompCas617
..... forms, according to the company, were cancelled by the employees of the twelfth respondent herein which is the second respondent in each petition, namely, kothari orient finance ltd., the share transfer agents. the number of uncancelled documents and the documents allegedly cancelled by the employees of the twelfth respondent and the number of shares ..... to the petitioner to approach the civil court by way of a regular suit.jagatjit industries ltd. v. mohan meakin ltd. [1991] 2 comp lj 288 ; [1994] 80 comp cas 411 (clb) that in determining an application for rectification, the court should consider the conduct of the parties seeking reliefs.17. he further stated that ..... fine distinction may not be possible if we consider section 2(11) of the indian stamp act, which while defining "duly stamped", stipulates "such stamp has been affixed or used in accordance with the law" and chapter iib of the indian stamp act of which section 12 forms part, deals with "stamps and mode of using them". in .....
Tag this Judgment!Court : Karnataka
Reported in : (1994)118CTR(Kar)449; ILR1994KAR913; [1994]206ITR237(KAR); [1994]206ITR237(Karn); 1994(38)KarLJ28
..... of section 269uc' were substituted for the words 'free from all encumbrances' in sub-section (1) and proviso to sub-sections (1) and (2) were added by the finance act, 1993, with retrospective effect from november 17, 1992. these amendments were necessitated by the decision of the supreme court in c. b. gautam v. union of india : [1993 ..... ' or passing an order of purchase and requiring performance, namely, delivery of possession and withholding the price till such performance. 22. having regard to the scheme of chapter xx-c, the provisions of section 269ue(2) and (3) will operate only where the agreement provides that vacant possession of the premises will be delivered at the ..... contended that the tenant was in lawful possession of the first floor portion of the property; that the tenant had a valid lease up to may 10, 1994, as per mutual agreement between the tenant and the owner and that was disclosed to the appropriate authority by the owner in the statement of additional information; that .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR2959; 1994(4)KarLJ165
..... and a holder or land-holder in the coorg district shall be deemed to be an occupant of such land for the purposes of this act.) the next relevant section is section 67 which is found in chapter-vii dealing with the land and land revenue, reads as under: 'section 67; public roads etc., and all lands which are not the ..... or letters issued by the authorities. it was further contended that even after the repealing of the coorg regulation of 1899 by karnataka land revenue act 1964, in view of section 202(2), rule 167 found in chapter-vi of the coorg regulation 1899, still continued to operate and hence alienee of privileged bane land had to pay to the government as ..... which deals with rights in land in coorg. paragraph-88 which is the first paragraph in the chapter reads as under: 'the revenue system in coorg is ryotwari, i.e., government deals with an individual, who is assumed to be acting on his own account and not to be a middle man. accordingly a ryot who has acquired possession of land .....
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