Court : Mumbai Nagpur
..... exemption notification dated 20/02/1997 reads as "notification in the exercise of the powers conferred by subsection (i) of section 41 of the bombay sales tax act 1959 (bom li of 1959), the government of maharashtra hereby further amends govt. ..... learned senior counsel referred to the affidavit in reply filed by the deputy commissioner of sales tax, the budget speech and the note of finance ministry that sales tax was not liable to be imposed w.e.f. ..... is apparent from a reading of the budget speech and the note of the finance ministry that the element of sales tax was taken care of while restructuring the excise duty. ..... bottle or as the case may be the package containing the said liquor bears a label displaying inter alia the statement for sale in maharashtra state only government notification finance department no.sta/1097/i/taxation-2 dated 20th february 1997.16 ------------------------------------------------------------------------------------ 10. ..... the note of the finance ministry and the budget speech clearly show that the state government had decided to do away with the sales tax for the relevant period from 1997 to 2000 in view of the restructuring of excise ..... a copy of the note of finance ministry dated 05/09/1997 reads that it is obligatory to abolish sales tax with effect from 08/01/1997 as the new scheme of excise duty is to be made effective from that date. ..... , a copy of the extract of the budget speech and a copy of the note of the finance ministry, are annexed to the affidavit. .....
Tag this Judgment!Court : Mumbai Nagpur
..... if it is not possible then an effort will have to be made to ascertain whether the legislature had intended to accord the levy on sugarcane a special treatment vis-a-vis the levy of purchase tax on other 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. ..... this section nowhere says that the levy of purchase tax therein is in addition to the levy under the finance act. ..... conditions of service pertaining to minimum qualifications of teachers, their salaries, allowances and other conditions of service which ensure security, contentment and decent living standards to teachers and which will consequently enable them to render better service to the institution and the pupils cannot surely be said to be violative of the fundamental right guaranteed by article 30(1) of the ..... " "fees to be charged by unaided institutions cannot be regulated but no institution should charge capitation fee." 24. ..... " "fees to be charged by unaided institutions cannot be regulated but no institution should charge capitation fee. ..... by virtue of the funds generated by it, including its loans or borrowings, it is important to note that the essential ingredients of the management of the private institution include the recruiting students and staff, and the quantum of fee that is to be charged. .....
Tag this Judgment!Court : Mumbai Nagpur
..... it is thus clear from the above referred discussion of the principles of law governing the discretionary powers of court under section 5 of limitation act, 1963 that though a technical approach in the matter of condonation of delay is better avoided, these discretionary powers should not be so exercised as to help a party which is negligent and does ..... down by the honble apex court in the said case of lanka venkateswarlu (dead) by lrs, i find that discretion available to the court under section 5 of the limitation act, 1963 could not have been worked for the benefit of the appellants. ..... has laid down that while considering application for condonation of delay under section 5 of the limitation act, 1963 the courts do not enjoy unlimited and unbridled discretionary powers ..... refer to further observations of the honble supreme court made in the said case of lanka (supra) and appearing in paragraph 29, which are reproduced thus : ........whilst considering applications for condonation of delay under section 5 of the limitation act, the courts do not enjoy unlimited and unbridled discretionary powers. ..... sitting idle and have not shown any bona fides on their part and, therefore, the benefit of the discretionary relief under section 5 of the limitation act, 1963 cannot be given to them. 9. ..... that if there is any negligent conduct or deliberate delay, no sufficient cause can be said to be made out justifying exercise of discretion under section 5 of the limitation act in favour of such a party. .....
Tag this Judgment!Court : Mumbai Nagpur
..... jurisdiction of the tribunal; or (iii) is likely to cause any damage or mischief to the property or affect its value by misuse or creating third party interest, the tribunal may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the tribunal, when required, the said property or the value of the same, or such portion thereof as may be sufficient to satisfy the certificate ..... (19) where a certificate of recovery is issued against a company registered under the companies act, 1956 (1 of 1956) the tribunal may order the sale proceeds of such company to be distributed among its secured creditors in accordance with the provisions of section 529a of the companies act, 1956 and to pay the surplus, if any, to the company. ..... executed the mortgage of the plot along with the structure of the open foundation in its favour on 14/05/1997 to enforce recovery certificate had put the property for sale through drt , nagpur the petitioners on or about 3/3/2004 filed an application/objection under rule 11 and 15 of the second schedule of the income tax act, 1961 and other enabling provisions of recovery of debts due to banks and financial institutions ..... as per the provisions of the finance act, 1979 amount of ftt collected becomes due within fifteen days from the date of collection thereof. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the wide powers have been advisedly conferred by the legislature so that the chancellor, who is controlling and monitoring authority, can, by causing an inspection and inquiry of the matters enumerated and connected with the administration or finances of the university, suggest and take all corrective and remedial measures and steps, if they are needed to improve the working and functioning and to curb any illegal or improper activity. ..... if this section is read together with earlier provisions and with subsequent provisions of the act and harmoniously, it would indicate that the inquiry can be caused in like manner, but that is regarding any matter connected with administration or finances of the university. ..... they are given several facilities and the powers and functions of the university would, as enumerated in section 6, make absolutely clear that it is to secure appointment of talented, qualified and best persons. ..... it is stated that the charges in the enquiry initiated against the members of the selection committee are, in sum and substance, that they have not followed proper procedure in carrying out the selection process of jras and sras in the year 2004-05 and have illegally made selections of 131 candidates, which includes the petitioners, thereby causing loss to the respondent no.1 university and also bringing disrepute to it. ..... the candidates are now over age and did not secure alternate employment. .....
Tag this Judgment!Court : Mumbai Nagpur
..... examination of the aforesaid illustrative cases and looking into the record including the statements of the alleged touts as made in court under section 164 of the code of criminal procedure, there is no manner of doubt that it is not in a few cases only that corrupt means were adopted to secure the selection of candidates but the same modus operandi was being adopted in all the selections which vitiated the entire process of selections ..... facilities and the powers and functions of the university would, as enumerated in section 6, make absolutely clear that it is to secure appointment of talented, qualified and best persons. ..... this section is read together with earlier provisions and with subsequent provisions of the act and harmoniously, it would indicate that the inquiry can be caused in like manner, but that is regarding any matter connected with administration or finances of ..... it is stated that the charges in the enquiry initiated against the members of the selection committee are, in sum and substance, that they have not followed proper procedure in carrying out the selection process of jras and sras in the year 2004-05 and have illegally made selections of 131 candidates, which includes the petitioners, thereby causing loss to the respondent no.1 university and also bringing ..... (d) those candidates who secured high marks in the written examination were given poor marks in the interview either because they were not to be selected and they had not paid money or for shunting them .....
Tag this Judgment!Court : Mumbai Nagpur
..... thus, on one hand we get an assertion by the respondents of a knowledge with the petitioners that there was no declaration or notification of approved place in terms of section 8(a) or approval of a competent person for retaining custody under section 45 insofar as nagpur customs airport is concerned, and on the other hand we get a transhipment permit issued by the respondents themselves authorizing transhipment and, therefore, allowing unloading of imported machine at nagpur. ..... by said order, respondent no.3 confiscated a machine (capital goods) gravi mix magruire wsb 420, valued at rs.5,21,396/- under section 111(d) and (f) of the customs act, 1962 (hereinafter referred to as the act), and in terms of its section 125, gave option to pay fine of rs.1,30,000/- in lieu thereof, in addition to payment of appropriate duty. ..... the provisions of section 30 of the act, to which our attention has been drawn by the learned asgi while alleging its violation, show that it casts obligation upon a person in charge of an aircraft. ..... clause (d) of rule requires transporter like the petitioners to execute a bond in such form and with such surety or security as the commissioner of customs may specify. ..... principal secretary, government of uttar pradesh, reported at 2004 law suit (sc) 971, zuariestate development and investment co. ..... ministry of finance, new delhi and ors. ..... kanekar, deputy commissioner of income tax and anr. .....
Tag this Judgment!Court : Mumbai Nagpur
..... madhav prabhakar oak and another, [air 1962 sc 406] in which this court under para 17 held as under: there is no doubt that where serious allegations of fraud are made against a party and the party who is charged with fraud desires that the matter should be tried in open court, that would be a sufficient cause for the court not to order an arbitration agreement to be filed and not to make the reference..... 11. ..... it is the case of the appellants that realizing that the respondent no.1 did not have any real and bona fide intentions to enter into transactions with the appellants and had the sole motive of taking over the business of the appellants, they issued a legal notice dated 12th august, 2009 to the respondent no.1. ..... the learned judge relying on the aforesaid judgment of the apex court, has held that once the court comes to the satisfaction that the four essential conditions as could be found under section 8 of the said act are satisfied, it is obligatory for the court to refer the parties to arbitration in terms of the arbitration agreement. ..... in the present dispute faced by us, the appellant had made serious allegations against the respondents alleging him to commit malpractices in the account books and manipulate the finances of the partnership firm, which, in our opinion, cannot be properly dealt with by the arbitrator. ..... assistant charity commissioner reported in 2004 (3) s.c.c.137. 15. ..... commissioner of income tax, nagpur reported in 1956 scr 154, n. .....
Tag this Judgment!Court : Mumbai Nagpur
..... sub-brokers which deals with the integrity, exercise of due skill and care being the general duties and specifically duties to the investors as to execution of the orders faithfully for buying and selling of securities, issue of purchase or sale notes to the clients, not to commit breach of trust regarding details of personal investments of the client, fairness to the clients, investment advice and lastly competence of ..... this court that the said alleged acknowledgment speaks of the respondent/accused acknowledging his liability to pay total sum of rs.4,46,595/- to the complainant on account of sale and purchase of shares and other securities effected till date and that accused was paying sum of rs.1,46,595/- by way of cheque no.095789, dated 5.4.1996 and the balance amount of rs.3,00,000/- would be adjusted against the consideration payable to the complainant ..... there were various transactions of sale and purchase of shares and debentures so also of securities entered into between m/s ..... that material brought out in the cross-examination was sufficient to rebut the presumption under section 118 and 139 of the negotiable instruments act and charge under section 138 of the negotiable instruments act fails. ..... is placed on behalf of the respondent/accused on the authority, 2004 (5) crj 711 bombay high court (girish kantappa shetty...versus...state ..... finance ..... shankar finance and investments, a proprietary concern of sri atmakuri sankara rao, represented by its ..... finance ..... finance ..... finance .....
Tag this Judgment!Court : Mumbai Nagpur
..... to defend is not filed within 10 days, that will not prevent the defendant from filing such application at any subsequent stage by putting forth the cause that the application under section 8 of the arbitration and conciliation act was filed immediately, and the defendant was awaiting the decision on such application, which may be considered by the court to be the "sufficient cause", as contemplated by sub-rule ..... arbitration agreement or a duly certified copy thereof: provided that where the original arbitration agreement or a certified copy thereof is not available with the party applying for reference to arbitration under sub-section (1), and the said agreement or certified copy is retained by the other party to that agreement, then, the party so applying shall file such application alongwith a copy of the arbitration ..... it is possible to urge that the cheques were issued at the time of execution of the agreement dated 9-4-2014 by way of security, which is the stand taken by the defendants, and subject to resolution of dispute, if any, raised in respect of repayment of the amount of consideration, as ..... "barbeque nation" or any other client within a period of six months from 1st april, 2014, in that event the party no.two shall have the right to charge an interest of 21% per annum as compensation, to be compounded every three months on the amount given, and withdraw from this transaction. ..... apex court in the case of branch manager, magma leasing and finance limited and another v. .....
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