Court : Mumbai Aurangabad
..... and if it is satisfied that the curtailment of the period of notice will no cause any administrative inconvenience, the appointing authority, with the concurrence of the finance department, may relax the requirement of notice of three months on the condition that the government servant shall not apply for commutation of a part of his ..... has been taking shifting stands. once he complains on 06/01/2006 that the resignation is accepted forcefully. thereafter he deposits one month's wages on 06/05/2007. thereafter, he receives his pf accumulations and it is only in 2009 that he lodges his writ petition with this court. these attending factors, therefore, disprove ..... of the learned advocates and have gone through the record available and the petition paper book with their assistance. 10. the entire issue turns upon the purported act of forgery committed by the employee and the subsequent resignation said to have been submitted by him. 11. the employee has stated that his signatures appearing on .....
Tag this Judgment!Court : Mumbai
..... of benefit of exemption under section 54f of the act. (g) this led to the introduction of sub-section (4) to section 54f of the act by the finance act, 1987 with effect from 1st april, 1988. besides introducing sub-section (4) to section 54f the finance act, 1978, also amended sub section (1) of section 54f of the act to make it subject to ..... provision of sub-section (4) thereof. (h) as we are ..... income viz. capital gains. it provides for computation of capital gains and also for exemption available there under. section 54f of the act introduced into the act with effect from 1st april, 1983 by the finance act, 1982 provides exemption from capital gain on transfer of any long term-capital asset in case the same .....
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..... the very purpose of inserting a clause for availment of a loan in the acceptance letter would stand frustrated. the intention of the 1st respondent in making such finance facility available to the petitioner was to mitigate the hardship which would be caused to a retired employee in refunding the said differential amount. however, by the impugned ..... facts, it is difficult to reject the contention urged on behalf of the appellant that what the deceased employee intended to do by his letter dated 8.10.2007 was to seek voluntary retirement and not resignation from his employment. we say so in the light of several attendant circumstances. in the first place the employee at ..... some charity. in the present case, all this basic requirements as to how to treat a pensioner are totally forgotten by the 1st respondent. the concerned officers have acted mechanically. it is surely not their case that the delay could not have been condoned to accept the said payment or there was any legal embargo. if this .....
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..... grant a written permission for the temporary erection of a booth and any other such structure on any street on occasions of ceremonies and festivals." sub-section 63 of section 2 of the said act of 1949 defines street which reads thus: "(63) "street" includes any highway, and any causeway, bridge, viaduct, arch, road, lane, ..... advertisement can be displayed without previous permission in writing of the municipal commissioner. therefore, grant of permissions either under section 234 of the said act of 1949 or under section 317 of the said act of 1888 will not enable the person holding permissions to make digging work on street or footway and to display ..... zone/area. for violations specified in rule 6, the stringent penalty under the provisions of section 15 of the environment protection act is attracted. the learned senior counsel appearing for the petitioners in pil no.85 of 2007 has made detailed submissions on this aspect and has filed written submissions. even the learned government .....
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..... court s interference in such matters. b. facts 7. the defendant is the bharat diamond bourse ( bdb ). this is a company incorporated and registered under section 25 of the companies act, 1956. it has a large complex, spread over some 20 acres, at the bandra-kurla complex. the plaintiffs say this is said to be the only ..... customs clearance centre or pcccc within the complex. this is a customs notified area under section 8 of the customs act, 1962. with effect from october 2010, the bdb is appointed or notified as the custodian of diamond cargo under section 45 of the customs act, 1962. the plaintiffs say that as a result, all export and import of ..... century plyboards (india) ltd v the advertising standards council of india (2000 (1) bom. c.r. 136).the advertising standards council of india ( asci ) is a section 25 company, very like the bdb. it examines and investigates complaints from consumers and the general public in regard to its self-proclaimed code of conduct . the asci received .....
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..... technology in bg ii, which, being patented, required it to remit service tax. monsanto india has been paying service tax since 2007. 19. monsanto india submits that while under section 66e of the finance act, a temporary transfer or permissive use or enjoyment of any intellectual property is considered to be a declared service, liable to service ..... agreements whereby the monsanto technology is granted by the petitioner to the seed companies amounts to mere permissive use and, therefore, a service under section 65(b)(44) of the finance act, 1994 ( finance act ) read with entry 97 list i of the constitution, or whether it is a deemed sale in the nature of transfer of right ..... was taxable under article 366(29a)(d), and a mere permissive or license to use was not liable to service tax under the finance act, 1994. sections 65(55a) and 65(105)(zzr) of the finance act, 1994, under which permissive use of intellectual property is liable to service tax, came into force only on 10th september 2004. .....
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..... , dishonoured on presentation. the respondent, thereafter, issued a statutory notice for demand upon the petitioner on 12th december 2007. 5. the respondent also filed a complaint against the petitioner on 14th january 2008 under section 138 of the negotiable instruments act. the petitioner, thereafter, along with their reply dated 20th february 2008 forwarded two demand drafts of rs.9 lacs ..... upto the period of 30 days. 19. learned senior counsel placed reliance on the judgment of this court in the case of krishnabhagwan rajaram sharma vs. tata motors finance ltd. decided on 4th march 2015 in arbitration petition no.304 of 2014 and other connected matters and more particularly paragraphs 23 and 57 to 60 and would ..... reliance on the judgment of the delhi high court delivered on 24th march 2014 in the case of vaibhav bhatia and anr. vs. m/s.l and t finance ltd. and anr. in foa no.88 of 2014 and in particular paragraphs 3 and 4 thereof in support of his submission that since the signed copy of .....
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..... .1986. 12. it is further submitted that the employees of the corporation are paid gratuity as per the payment of gratuity act, 1972 (for short the act of 1972 ). section 4 (6) (a) of the act of 1972 provides that the gratuity amount payable to the employee can be forfeited if the conduct of the employee has caused ..... the facts of the case in writ petition no.3545/2014 (nagesh jagdishrao deshpande vs. the state of maharashtra and managing director, maharashtra state other backward class finance and development corporation ltd. the ratio laid down in unreported judgment of the division bench of the bombay high court bench at aurangabad in writ petition no.3545 ..... the maharashtra civil services (discipline and appeal) rules, which provide for continuation of enquiry for major misconduct by issuing of chargesheet. the penalties are set out under section 5. if a government servant is not in service then none of those penalties can be imposed. thus, any enquiry initiated and in which there is no .....
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..... the parties. on 16th march, 2012, the designate of the hon'ble chief justice passed an order in the application filed by the respondent under section 11 of the arbitration act and appointed a senior counsel of this court as a sole arbitrator. the respondent abandoned the claim of licence fees and sought to claim damages only ..... respondent. 41. learned senior counsel for the respondent placed reliance on the judgment of this court in case of mr.krishnabhagwan rajaram sharma vs. m/s.tata motors finance limited, (2015) scc online bom. 479, and in particular paragraphs 48 to 53 in support of the submission that if a party has chosen to remain absent ..... for imposition of heavy cost was made by the respondent before the learned arbitrator for re-scheduling the dates of the arbitration meetings. 56. under section 25 of the arbitration and conciliation act, 1996, if a party fails to appear without showing sufficient cause on an oral hearing or to produce documentary evidence, the arbitral tribunal is .....
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..... to cultivate the same personally and if the land is transferred, it is liable to be declared invalid. 26. mr. sathe submits that the restoration act and section 36a of the code apply to agricultural lands. mr. sathe places heavy reliance upon a judgment of the hon'ble supreme court of india in the ..... through different operating departments, such as planning and implementation, building permission and supervision, eligibility, certification, registration of co-operative housing societies, land management, community development, accounts and finance, general administration etc. etc." "6. i say that the property bearing cts no.610/a/1c (part), 677/a (part) of village malad, malad (e), ..... i) lingappa pochanna vs. state of maharashtra and anr., air 1985 sc 389. (ii) om-sai darshan co-operative housing society and anr. vs. state of maharashtra and ors., 2007(1) bom. c. r. 476. (iii) ashoka marketing ltd. and anr. vs. punjab natiional bank and ors., air 1991 sc 855. (iv) cantonment board, mhow .....
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