Court : Mumbai
..... ors. vs. central bank of india and ors., i (2011) bc 125 3) hotel sharda paradise and ors. vs. the secretary to the govt. of india, department of finance and ors., iv (2015) bc 307 (kar) vii possession taken on 18 june 2013 by ifci is bad in law. 1) swastik agency vs. state bank of india, air ..... 7) silicon valley auto component pvt. ltd. vs. indian bank, 2014 (5) ctc 764 itc submissions and the judgments:- 35. the learned senior counsel appearing for respondent no.2-itc, has supported ifci contentions and resisted the contentions and claims of bchl on every aspect, made submissions and relied upon the same judgments on the respective points. i ..... the auction sale of the subject property and order of the magistrates under section 14 of sarfaesi act. itc though not a party to the original writ petition, but by court's order, dated 9 march 2015, was added as respondent no.2 related averments are also placed on record by amendment. supporting averments and pleadings are specifically made in .....
Tag this Judgment!Court : Mumbai
..... 30a employs the phraseology in the marginal note financial institution and in sub- section (1) that expression is understood as a bank, non-banking finance company, housing finance company or alike. hence, we cannot construe section 30a with the aid of the definition of the term 'banker' for financial institutions are performing ..... state legislature has not considered all aspects thoroughly before hastily enacting the law thereby imposing the obligations upon only banks and financial institutions and housing finance companies to determine the proper stamp duty payable on the documents/instruments and to find out the deficiency in payment of stamp duty and thereafter ..... than those stipulated in sub-section (1) of section 6 of the banking regulation act. 9. to the utter shock and surprise of the petitioners, the respondent no.2 issued the circular notifying the petitioners of the stamp act amendment which makes all the banks and financial institutions liable for payment of proper stamp .....
Tag this Judgment!Court : Mumbai
..... for the purposes of section 328-a of the mumbai municipal corporation act, 1888 (said act) and therefore, the insistence on the part of the municipal authorities (respondents) to even regulate the same, is ultra vires. 2. the petitioners had initially instituted writ petition no. 2377 of 2002 when when confronted with the notices issued by the ..... respondents in the purported exercise of powers conferred by sections 328 and 328-a of the said act. this court, by judgment and order dated 8 october ..... premises, atm centres and extension counters indeed, amounts to 'advertisement' for the purposes of section 328-a of the said act. 13. there is no statutory definition of the term 'advertisement' contained in the said act and therefore, the term will have to be understood in its natural, ordinary and popular sense. in fact, in .....
Tag this Judgment!Court : Mumbai
..... /-. the assessee's representative filed a rectification application dated 14.04.2015 requesting to rectify the mistake u/s 154 of the i.t. act, 1961. 2. on verification of the case records as well as the application of the assessee, it is found that all the issues raised by the ..... . 3. the assessing officer on 27th march, 2015 passed an order under section 143(3) r/w section 263 of the income tax act, 1961 (the act) for assessment year 2009-10 determining the tax payable at rs.46.23 crores. being aggrieved, the petitioners have filed an appeal against the ..... the said order dated 27.03.2015, the additions were made after proper examination and also the same were discussed in details. hence, there is no mistake apparent from record. therefore, the application of rectification u/s 154 of the assessee is hereby rejected. 3. the assessee is requested to pay ..... the petitioners' pending stay application in accordance with law. 11. the writ petition is disposed of in the above terms. no order as to costs. .....
Tag this Judgment!Court : Mumbai
..... 6th march 2013. hence, after issuance of statutory demand notice dated 4th april 2013, respondent no.1 filed complaint under section 138 r/w. 141 of negotiable instruments act against accused no.1 - m/s. swajay finance private limited and its three directors, including managing director vinod kumar chaturvedi (accused no.2) the present petitioner and her husband-pramod dave. 6. on this complaint, after recording ..... offence punishable under section 138 r/w. 141 of negotiable instruments act. 4. facts of the petition are to the effect that, respondent no.1 herein had, on the request of original accused no.2, advanced financial facilities by way of inter corporate deposit for the accused no.1 i.e. m/s. swajay finance private limited to the extent of rs.1,50,00,000 .....
Tag this Judgment!Court : Mumbai Goa
..... property. the idbi home finance ltd., as it appears from record, on the basis of an agreement with two persons, viz. goutam kumar bose and bharati rani bose, exercised its alleged right under section ..... and ors, has observed at paras 10, 11, 12 and 13 thus: 10. in view of the aforesaid fact, we find that there was no valid mortgage in favour of the idbi home finance ltd. in respect of the flat in question either at the instance of the writ petitioner or his predecessor, who was undisputedly the owner of the ..... this court to quash the impugned order dated 10.07.2014 passed by the respondent no.4 as well as the order dated 30.10.2014 passed by the respondent no.3 besides the notices issued under section 13(2) and section 13(4) of the sarfaesi act, against which orders the petitioners have an effective and efficacious remedy of filing application under .....
Tag this Judgment!Court : Mumbai
..... notwithstanding the foregoing provisions of this section, where the commissioner is not satisfied about the correctness or the completeness of the accounts of a dealer, or where no method of accounting has been regularly employed by a dealer, the commissioner may, after giving the dealer a reasonable opportunity of being heard, assess to the ..... then, the law enables the department/revenue to proceed by issuing notice even against a sole proprietor. the sole proprietary concern, in any event, has no existence independent of the sole proprietor or sole proprietress. therefore, notice being issued in the trade name cannot be said to be fatal. such proceedings can ..... dealer . issuing assessment notice in form 27 under rule 33 for initiation of assessment under section 33 of the bombay act is mandatory. the dealer has been defined in section 2(11) of the bombay act. accordingly, the dealer means any person, who carries business of buying and selling goods for commission, remuneration or otherwise .....
Tag this Judgment!Court : Mumbai
..... transaction and therefore, was within limitation. the learned single judge was justified in coming to the conclusion that the claim was within limitation. 9. in marwadi shares and finance ltd. vs. miral kanaksinh thakore (2014 scc online bom 22= (2014) 1 bom cr 481)this court (coram:r. d. dhanuka, j.) after considering the ..... exchanges for settlement of disputes between a client and a member is through arbitration proceedings in accordance with the provisions of the circulars issued under section 2(4) of the act of 1996. there are separate arbitration mechanism available at stock exchanges for arbitration of disputes (claims, complaints, differences etc.) arising between a client and ..... regulations issued by circular no. cir/mrd/dsa/24/2010 dated 11.08.2010 by securities and exchange board of india are as under : 5 arbitration 5.1 the limitation period for filing an arbitration reference shall be governed by the law of limitation, i.e. the limitation act, 1963. 5.2 an arbitration reference for .....
Tag this Judgment!Court : Mumbai Aurangabad
..... vehicle other than the driver or the conductor or an employee of the permit holder while on duty. 8. a combined reading, therefore, of rule 2(i) and section 2(7) of the act clearly indicates that the tax would be leviable only if the passengers are carried on a public service vehicle. it is true that the term 'public ..... in the matter of commissioner income tax, udaipur, rajasthan vs. mcdowell and company limited reported in (2009)10 supreme court cases 755. the supreme court has observed in paragraph no. 21 of the judgment thus : 21. tax , duty , cess or fee constituting a class denotes to various kinds of imposts by state in its sovereign power of ..... before such contract carriage leaves the state: and such operator shall also file with such tax officer the return as aforesaid in respect of such tax the procedure where no returns are submitted as well as fares escaping assessment, penalty for nonpayment of tax, recovery of tax, restrictions on the use of stage carriages in certain cases and .....
Tag this Judgment!Court : Mumbai
..... to the rules. prayer clauses (b) and (c) of this writ petition read as under:- (b) respondent no. 2 and 3 be directed to fill one vacancy out of five nominated councillors in accordance with sec. 5(b) of the b. p. m. c. act read with rule 4(d) and second proviso of rule 5 of the maharashtra municipal corporation qualification and ..... we now turn to the rival contentions. 15. mr. gorwadkar, learned senior counsel appearing for the petitioner in writ petition no. 1016 of 2013 submits that the definition of the term councillor as appearing in section 2(11) in the mmc act has not been referred in its entirety in ashok bodha's case (supra). mr. gorwadkar submits that there is a fundamental ..... 3 be directed to quash the nominations of two respondents out of respondent nos.13 to 15 as nominated councillors of respondent no.2, which are contrary to 2nd proviso of rule 5 and the vacancies created may be filled in accordance with sec.5(b) of b. p. m. c. act read with rule 4(a) to (d) and (f) read with .....
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