Court : Mumbai
Reported in : 2000(2)ALLMR511
..... made to the details of the facts and figures given by the corporation. it is evident that the accounts of the corporation are subject to audit by the central government and comptroller & auditor general of india. under these circumstances, we are unable to accept the contention that there is no justification for fixation of the toll ..... in the state of maharashtra. the claim of the corporation is that it has on its board of directors experts from the field of road construction, engineering, finance, urban development, etc. the corporation claims to be executing various important projects, like the mumbai-pune expressway and construction of large number of flyovers at various locations ..... powers conferred by sub-sections (1-a), (1-b), (1-c), (1-d) and (1-e) of section 20 of the bombay motor vehicles tax act, 1958 ('the act', for short) and in supersession of the government notification dated 21st june, 1999. the earlier notification dated 21st june, 1999 specified a higher amount of toll. the .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(1)ALLMR318; 2008(1)BomCR1; (2007)109BOMLR2493; 2007(6)MhLj851
..... interest and educational value and of heritage buildings and heritage precincts;(j) proposals for flood control and prevention of river pollution;(k) proposals of the central government, a state government, planning authority or public utility undertaking or any other authority established by law for designation of land as subject to requisition ..... . 6. all the schemes were presented for further processing and scrutiny. it is common ground that the proposals/schemes presented by these societies were financed by eminent builders and developers. there was a litigation on account of the rival schemes and this court by an order dated 23rd february 1999 ..... proper remedy within the statute compels us to observe that the state may consider objectively legislative amendment to maharashtra slum area (improvement, clearance and redevelopment) act, 1971, mhada, mrtpa, not only to provide for appropriate forum for remedying the grievances of the persons but also to some extent collective working of .....
Tag this Judgment!Court : Mumbai
Reported in : [2008]297ITR419(Bom); 2007(6)MhLj211
..... years and with fine.section 276b (after 1st april, 1989)failure to pay the tax deducted at source.if a person fails to pay to the credit of the central government, the tax deducted at source by him as required by or under the provisions of he shall be punishable with rigorous imprisonment for a term which shall not be ..... finance co. v. asst. c.i.t. : [2002]257itr338(sc) , it was held by the apex court that section 276dd was omitted with effect from 1st april, 1989 and hence ..... works ltd. v. union of india : 2000(119)elt257(sc) , the apex court held that there is difference between an 'omission' and 'repeal'. section 6 of the general clauses act applied only to repeal and not to omission. whenever any provision/rule is omitted, all actions under the omitted rule/provision must stop where the omission finds them.14. general .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(3)BomCR258; 2009CriLJ995
..... the petitioners and other accused are responsible therefor. he also relied upon a decision of this court in the case of kapal mehra v. indusind enterprises and finance ltd. : 2008(2)bomcr359 and submitted that the persons sought to be made criminally liable under section 141 must be in-charge of and responsible for ..... : 2005crilj4140 (supra).15. the learned senior counsel appearing for the petitioners submitted that the learned magistrate has not issued process under section 141 of the said act and, therefore, the complaint cannot proceed against the second to sixth accused and in particular against the petitioners. he pointed out that the process has been issued ..... government or a financial corporation owned or controlled by the central government or the state government, as the case may be, he shall not be liable for prosecution under this chapter.)(2) notwithstanding anything contained in sub-section (1), where any offence under this act has been committed by a company and it is proved .....
Tag this Judgment!Court : Mumbai
Reported in : 1982(10)ELT53(Bom)
..... notification no. 71 dated march 26, 1981 issued in exercise of the powers conferred by sub-section (1) of section 25 of the customs act, 1962. by this notification, the central government granted exemption from payment of duty on computer peripheral devices, falling under sub-heading no. (2) of heading no. 84.51/55 of ..... and, therefore, the levy of duty under item no. 73 of the tariff was appropriate. the petitioners carried revision before the government of india, ministry of finance, but the same ended in dismissal by an order dated november 7, 1977. these orders are under challenge in this petition filed under article 226 of ..... or appliance. to appreciate the problem, it would be convenient to find out what the expression 'computer' connotes. the 'computer' is a comprehensive expression which includes the central processing unit, disk file storage unit, disk pack drive, disk cartridge drives, magnetic tape drive units, line printers, card readers, paper tape punch unit, console printers .....
Tag this Judgment!Court : Mumbai
Reported in : (2006)205CTR(Bom)350; [2006]284ITR607(Bom)
..... central government stands abrogated with the failure on the part of the department to pay the amount of apparent consideration. in the result the ..... of apparent consideration has been tendered to the petitioners or deposited in any of the account of the central government with respect to the transactions in question.5. in the above view of the admitted facts, in our considered view, the operation of section 269uh of the act in no way can be arrested. consequently, the right to purchase exercised by the .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)BomCR84; 1999BomCR(Cri)907
..... at the hands of the court as would advance the object and at any rate not thwart it.'this view was reiterated by the apex court in the case of central bank of india v. m/s. elmot engineering company and others, : [1994]3scr766 . the apex court again in paragraph 14 of the judgment summarised the law in ..... section 621 of the companies act, complaints for offences under the act can be filed except on a complaint by a registrar or of a shareholder of a company or a person authorised by the central government. per-'mission of the company court is not required. under section 446(1) suit or other legal proceedings cannot be commenced without ..... the permission of the court. the language of section 621(1) will therefore indicate that the company court has no control over offences under the act except under section 545. .....
Tag this Judgment!Court : Mumbai
Reported in : 1986(7)ECC31; 1991LC147(Bombay); 1986(26)ELT904(Bom)
..... hereby exempts' sugar, described in column (2) of the table below and falling under sub-item (1) of item no. 1 of the 'first schedule to the central excises and salt act, 1944 (1 of 1944), from so much of the duty of excise leviable thereon as is specified in the corresponding entry in column (3) of the said table. ..... hereby exempts sugar, described in column (2) of the table below and falling under sub-item (1) of item no. 1 of the first schedule to the central excises and salt act, 1944 (1 of 1944), from so much of the duty of excise leviable thereon as is specified in the corresponding entry in column (3) of the said ..... solely on these notifications, it would be worthwhile if the said notifications are reproduced in extenso:notification no. 203/72 dated 28th september, 1972.'government of india ministry of finance(department of revenue and insurance)new delhi, dated the 28th september, 1972notificationcentral excisesg.s.r. in exercise of the powers conferred by sub-rule (1) of rule 8 .....
Tag this Judgment!Court : Mumbai
Reported in : II(2005)BC373; 2005(1)BomCR13
..... no. 457 of 1997 in (in the matter of winding up order dated 23-10-1997 of firth (india) steel co. ltd. (in liqn.) ion exchange finance ltd.), decided on 4th september, 1998 reported in : 1999(1)bomcr84 and some other matters. i had occasion to consider expression 'suit' or 'other legal proceedings', ..... in the context of section 442 and 446 of the companies act, i have considered chapter v wherein expression 'suit' or 'other legal proceedings' have been included including the expression 'legal proceedings' in section 391(6). i have ..... been the intention of the legislature to stay the commencement or continuation of criminal proceedings. the company and its officers must face the consequences of their illegal acts. there seems to be considerable force in these arguments. if the intention of the legislature had been to stay the commencement or continuation of criminal proceedings .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(2)ALLMR607; 2001(3)BomCR436; (2001)2BOMLR851; [2001(89)FLR867]; (2001)ILLJ1598Bom
..... of law. on 2.9.97, the company issued the lockout notice under section 24(2) of the m.r.t.u. & p.u.l.p. act covering factory, central office, office at sewree and godown at fesberry road, sewrec. without prejudice, the management's case was that discontinuance of manufacturing and other operations have gone beyond ..... incidents which have taken place on 16th september and 20th september 1997. in the first case, the union representative entered in the cabin of the manager (accounts & finance) in a threatening manner and asked him to make arrangement for canteen provision as he has allowed the material belonging to m/s. balkrishna tyres and ceat tyres ..... counsel pointed out that the company is now a sick industrial company under the sick industrial companies [special provisions) act, 1985 and registered as such (case no. 34 of 1998) before the board of industrial and finance reconstruction vide order dated 15.4.1998. the company has accumulated losses for the period ending 30th september, 2000 .....
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