Court : Mumbai Nagpur
..... terms. the acceptance must be shown to be absolute and unqualified and without any reservations or conditions. 8. after taking into consideration the provisions of section (3) and section (7) of the indian contract act, the apex court has held in case of u.p. rajkiya nirman nigam ltd vrs. indure pvt. ltd., and others, reported in air 1996 ..... and the director of the finance was not consulted in the matter. he deposed that there was no understanding between the plaintiff and the defendant company regarding the rate at which the work is ..... taken that there was no concluded contract accepting the offer of rs.140/ per meter given by the plaintiff. the defendant examined dw2 shriniwasan jairaman, the director of finance, who deposed in support of the stand taken in the written statement that the work was allotted to the plaintiff by the area manager who was not authorized .....
Tag this Judgment!Court : Mumbai Nagpur
..... same crime being crime no.71/2014 registered by police station, deulgaon raja for the offences punishable under sections 406, 420, 120-b read with section 34 of the indian penal code and section 3 of the maharashtra protection of interest of depositors (in financial establishments) act, 1999 against in all nine accused persons. 2. the offences have been registered on the basis of ..... complaint lodged by one digambar kolhe, who has stated that he is an investor of the company namely psps india multi trade services pvt. ltd. according to the complainant, this company, which appears to be a finance company, had floated a .....
Tag this Judgment!Court : Mumbai Nagpur
..... noted here that the incidence of taxation is on the purchase of sugarcane, as in the finance act. this section nowhere says that the levy of purchase tax therein is in addition to the levy under the finance act. therefore, it is seen that this act specifically provides for levy of purchase tax on sugarcane and it is not applicable to levy ..... items, and a further endeavour will have to be made to find out whether section 49 of the sugarcane act excludes the applicability of the levy under section 4 of the finance act. on a perusal of the provisions of the above acts including the objects of the two acts, it could be seen that the two enactments in question contemplate levy of ..... -(j.k. cotton pinning and weaving mills co. ltd vrs state of uttar pradesh and others). (1999) 7 scc 76-(gobind sugar mills ltd. v. state of bihar), (2007) 11 scc 756-(ghaziabad zila sahkari bank ltd. v. addl. labour commr). and 1984 mh.l.j. 598 (kranti-smrati adhyapak vidyalaya, satara vs. ashok bandopant lomate and .....
Tag this Judgment!Court : Mumbai Nagpur
..... projection over, or temporary occupation of, any such public street or place for any other purpose in accordance with the bye laws made under this act. sub-section (2) of section 53 provides for a power of the village panchayat to remove any encroachment in any open site not being the private property whether such a site is ..... village panchayat, after appearance in the civil court, filed a preliminary objection to the maintainability of the suit on the ground that the maharashtra village panchayats act at least insofar as sections 52 and 53 are concerned, provide for specific remedy and, therefore, the jurisdiction of the civil court was barred. it was also stated in the ..... , therefore, contended that the suit is liable to be dismissed as being not maintainable. he cited the following decisions: 1) (2007) 11 scc 40: commissioner of municipal corporation vs. prem lata sood and others 2) (2007) 11 scc 58: b.bharat kumar and others vs. osmania university and others 3) 1986 mh.l.j. 618: gram .....
Tag this Judgment!Court : Mumbai Nagpur
..... recorded a finding that he has reason to believe that the order procurement charges claimed by the assessee for a.y. 2006 2007 and 2008 2009 are not genuine and not allowable under section 37 of the act. 26. we have already held that information revealed to the assessing officer during the assessment proceedings for a.y. 2010 2011 ..... legitimize the reopening of an assessment for an earlier year.? the learned counsel submitted that in the case of rabo india finance ltd. vs deputy commissioner of income tax and others (supra) also the notice under section 148 was set aside on the ground that later a different view was taken by the successor officer on the same ..... the ao.? 32. in light of the facts of the present petitions, we find mr. dawdas reliance on the above judgments to be entirely misplaced. in rabo india finance ltd. vs deputy commissioner of income tax and others (supra) the assessee had placed all the material before assessing officer and where there was a doubt even that was .....
Tag this Judgment!Court : Mumbai Nagpur
..... has to follow the procedure laid down in the code of criminal procedure for recovery of maintenance either final or interim. sub-section (2) of section 28 of the protection of women from domestic violence act, 2005 can be pressed into service when there is no provision available for implementing a particular order passed under the protection ..... from the order of the learned magistrate that the learned magistrate was of the view that he could formulate his own procedure under section 28(2) of the protection of women from domestic violence act, 2005. it appears that the magistrate was also of the view that he can lay down his own procedure for recovery of ..... . issue n.b.w. against non-applicant.? 4. the petitioner is husband of the respondent. the respondent has filed an application under section 12 of the protection of women from domestic violence act, 2005 before the learned magistrate. an interim order has been passed granting monetary relief. it appears that the petitioner has not paid the .....
Tag this Judgment!Court : Mumbai Nagpur
..... open to consideration by an appellate court, unless there has been a prejudice on the merits. the hon'ble apex court further held that under section 11 of the suits valuation act, the decrees are liable to be interfered with in an appellate court on the ground of over-valuation or under-valuation, not in all cases ..... therefore, the objections should not have been allowed by the learned district judge. for these submissions, the learned counsel relies upon the decisions rendered in the cases of rsdv finances co. (supra), kiran singh and others vs. chaman paswan, air 1954 sc 340, koopilan uneen's daughter pathumma and others vs. koopilan, air 1981 sc 1683, subhash ..... mahadevasa habib vs nemasa ambasa dharmadas, air 2007 sc 1828 and basant kumar jain vs. chief executive officer, midc and others, 2005(1) bom. c. r. 246. 19. shri moharir, learned counsel for the respondent .....
Tag this Judgment!Court : Mumbai Nagpur
..... the apex court in the case of uttaranchal forest development corporation and another v. jabarsingh and others, reported in 2007 i clr 1056, the question of noncompliance of section 25-n of the industrial disputes act was involved. after taking review of all the earlier decisions, the apex court has held in para 29 of ..... corporation and the services of the complainants were transferable to the dye house, which was a factory?, as defined in clause (m) of section 2 of the factories act, and consisted of the posts of junior clerks on the establishment. it has been held that the entire establishment of the corporation consisting of all ..... manager, one dyeing master, one senior clerk, one boiler attendant, one fireman, four labourers, and the other posts. the corporation exercised ownership, control, supervision, finance and management of employees working in different departments and there was geographical proximity and general unity of purchase and sale. it has been held that there was central .....
Tag this Judgment!Court : Mumbai Nagpur
..... efforts made by the petitioners on 02.09.1997 may rule out any intention to violate the provisions of either section 30, section 33, section 34, section 36 or section 55 of the customs act on is part. section 55 of the customs act is about entry of transhipped goods on arrival at customs airport. such entry is presumed to be first entry ..... industrialists. that communication, therefore, cannot be used to the prejudice of the petitioners in present matter. he further contends that important provisions like section 7(a), section 8(a) and section 111 of the act need to be interpreted by this court in present matter and hence writ petition has been rightly entertained. 9. we have noted that the ..... not have been entertained. an order dated 10.09.2012 in writ petition no.5410 of 2011 (m/s. gmmco limited vs. union of india thr. ministry of finance, new delhi and ors.) is also pressed into service. lastly, it is urged that if this court finds that cognizance could have been taken directly, the scope .....
Tag this Judgment!Court : Mumbai Nagpur
..... in driving the tractor-trolley and also denied having called passengers in the trolley. further, according to the owner of the offending motor vehicle, the state bank of india had financed the owner to purchase the tractor-trolley and it was hypothecated with the state bank of india and therefore, the owner denied liability to pay compensation as, according to him ..... also liable jointly and severally along with owner of the offending vehicle to compensate the injured person. this submission cannot be accepted as u/s. 165 of the motor vehicles act compensation is payable in respect of the accident involving body injury to the person arising out of use of the offending motor vehicle. the amount of compensation is payable to .....
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