Court : Mumbai Nagpur
..... the concept of failure to pay can be equated with non- payment. non-payment is nothing but failure to pay when due. as per the provisions of the finance act, 1979 amount of ftt collected becomes due within fifteen days from the date of collection thereof. failure to pay within this prescribed time frame would mean non-payment or ..... hold that the high court has no power to condone the delay in filing the "reference application" filed by the commissioner under unamended section 35h(1) of the central excise act, 1944 beyond the prescribed period of 180 days and rightly dismissed the reference on the ground of limitation." 4. in the ruling of gopal sardar vs. karuna ..... their respective apartments in the building pursuant to an agreement for sale of undivided share in the land and building construction executed in the year 1987.the respondent central bank of india , on the ground that the borrower had executed the mortgage of the plot along with the structure of the open foundation in its favour .....
Tag this Judgment!Court : Mumbai Nagpur
..... the amount of rs.49,40,923/- as provided under section 244a of the income tax act (hereinafter referred to as the act ?). the petitioner has also prayed for quashing and setting aside the communication dated 18.7.1995 issued by the central board of direct taxes to the chief commissioner of income tax, pune. 2. the facts ..... tax to give necessary clarification. 5. the central board of direct taxes vide the communication dated 18.7.1995 informed the chief commissioner of income tax, thereby conveying the authorization of the board for grant of refund of rs.53,70,567/- independent of the provisions of the said act to the petitioner. however, it was made ..... (1) any person deducting any sum in accordance with the foregoing provisions of this chapter shall pay within the prescribed time, the sum so deducted to the credit of the central government or as the board directs. ? the relevant portion of section 201 reads thus: 201. (1) where any person, including the principal officer of a company, ( .....
Tag this Judgment!Court : Mumbai Nagpur
..... of patents designs and trade marks under patent and designs act. 6. it was granted approval by respondent no.1 under section 35[1] [ii] of the 1961 act, and it accordingly fulfilled all the terms and conditions therefor. it is approved by the central government through its department of science and technology as scientific ..... college or other institution, to be used for scientific research. 14. one of the questions before this court is how to construe the word other institution ?. in (2012) 6 scc 339 (commissioner of customs (import) mumbai .vs. konkan synthetic fibres), the hon'ble supreme court has considered principles governing interpretation of cbec notifications / ..... also by rashtrasant tukdoji maharaj nagpur university. rashtrasant tukdoji maharaj nagpur university has awarded ph.d. degree to a student, each in year 2004, 2007 and 2012. it has awarded ph.d. degree to two students each in 2011 and 2013. datta meghe institute of medical sciences (deemed university) has awarded ph.d .....
Tag this Judgment!Court : Mumbai Nagpur
..... recovery certificate on 01.02.2006, the sale as held on 28.03.2012 and confirmed in favour of respondent no.3 is un-sustainable, as it violates provisions of rule 68-b of the second schedule to income tax act. the said provision has been inserted by the finance act 1992 w.e.f. 01.06.1992 and time limit of 3 ..... of tikaramand sons p. ltd. vs. commissioner of income-tax, agra and ors., reported at (1983) 142 itr 319. the terms and conditions of sale were also changed by central bank of india and its recovery officer from time to time. it has not been conducted in fair and transparent manner. reserved price was also altered on several occasions and ..... investment and trading co. pvt. ltd., reported at 1995 (1) civil lj 263. he also attempts to point out that subject property was never mortgaged by the petitioner with the central bank of india. 5. our attention is invited to pleadings as amended to show that story of bank of equitable mortgage is unsustainable as document relied upon by the bank .....
Tag this Judgment!Court : Mumbai Nagpur
..... fliii licence was rejected. 3 the facts leading to the filing of these appeals are that the appellant in lpa no.278/2012 made an application for grant of fliii licence under the bombay prohibition act, 1949. the appellant, it was stated, had been allotted a tenement bearing no.l7/41 by the vidarbha housing board. ..... to the officials. 28 the learned minister refers to some rule and regulation whereby the members of public can complain to the collector or the superintendent of central excise against issuance of liquor licences by giving representations and such establishments can be closed down. what his opinion and conclusion overlooks is that there is no ..... get the unlawful conduct stopped.......... it is not, in my view, a sufficient answer to say that judicial review of the actions of officers or departments of central government is unnecessary because they are accountable to parliament for the way in which they carry out their functions. they are accountable to parliament for what they .....
Tag this Judgment!Court : Mumbai Nagpur
..... .05.2009 in contempt petition no. 233 of 2007. the recent judgment of the hon'ble apex court in the case of commissioner of central excise vs. osnar chemical (p) ltd., (2012 (2) scc 282), is also pressed into service for said purpose. we may mention here that this last citation appears to be not ..... to the teachers working in the ayurvedic, unani and homeopathic aided institutions from a particular date as determination of such date essentially depends upon various factors including finance, budgetary provisions and therefore belongs to the province of policy decision. other obligations of executive to public at large and hence, need of its conscious ..... the respondent tried to contend that certain proceedings have been initiated for impugning the recognition granted to the appellant school under the u.p. basic education act and as such the appellant's status as a recognized institution cannot be taken for granted. we cannot countenance this argument because any proceedings instituted to .....
Tag this Judgment!Court : Mumbai Nagpur
..... 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 ..... of the universities and the teachers and other employees in the affiliated colleges and recognised institutions (other than those managed and maintained by the state government, central government and the local authorities). when such code is prescribed, the provisions made in the code shall prevail, and the provisions made in the statutes ordinances ..... teacher within the meaning of section 2(34) of the maharashtra university act, 1994 (for short m.u. act ) from the date of this order. 3} the petitioner also challenges the communication dated 4th march 2011, by which the principal of central india institute of mass communication has been intimated that the name of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... 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 ..... of the universities and the teachers and other employees in the affiliated colleges and recognised institutions (other than those managed and maintained by the state government, central government and the local authorities). when such code is prescribed, the provisions made in the code shall prevail, and the provisions made in the statutes ordinances ..... teacher within the meaning of section 2(34) of the maharashtra university act, 1994 (for short m.u. act) from the date of this order. 3} the petitioner also challenges the communication dated 4th march 2011, by which the principal of central india institute of mass communication has been intimated that the name of .....
Tag this Judgment!Court : Mumbai Nagpur
..... right. 31. learned a.p.p,. with the permission of the court invited attention to section 64[b][d] of the police act and submitted that in criminal writ petition no. 568/2012 officers are not joined as parties in personal capacity. 32. perusal of the provisions of criminal procedure code,1973 is essential. section 2 of criminal procedure code ..... of enforcement or any other officer of the enforcement directorate under fera, as may be specified, subject to such conditions and limitations as deemed fit by the central government. the court also held that as it was nobodys case that any notification has been issued under fera authorizing the member of delhi special police establishment ..... vs. state of maharashtra and ors.( supra) is by the division bench judgment of this court dated 3042002 which had no occasion to consider motilal v. central bureau of investigation, (supra). petitioner there had opened liquor shop on dry day came with case that half shutter of the shop was opened to remove the .....
Tag this Judgment!Court : Mumbai Nagpur
..... for levy of purchase tax on sugarcane and it is not applicable to levy of purchase tax on any other goods which are otherwise taxable under the finance act. the sugarcane act also provides for regulation of production, supply and distribution of sugarcane. thus, it is an enactment which is specifically meant for the control of the ..... laying down of service conditions and pay scales of unaided minority schools without impinging upon constitutional right under article 30. he submits that the minority view in (2012) 6 scc 1-(society for unaided private schools of rajasthan v. union of india) does not speak about an unaided minority institution and as per majority view ..... [fb] (shikshan prasarak mandal, pune and ors. vs. state of maharashtra) is pressed into service to show that it contains law in cinflict with later 2012 full bench and later full bench failed to note it. he also draws anology from the illustration of certified standing orders to plead that the same lack statutory character .....
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