Court : Mumbai
..... act. 2. the appellants and the respondents and their relations with each other and the companies in question are described in the appeal. "appellant no.1 and respondent no.1 are brothers. appellant no.2 is the wife of appellant no.1 and appellant nos.2 and 3 are the directors of respondent no.6. appellant no.3 is the daughter of appellant nos.1 and 2. appellant nos.1, 2 ..... c. laminart pvt. ltd. and anr. vs. a.p. agencies, salem, (1989) 2 scc 163. b) kusum ingots and alloys ltd. vs. union of india and anr., (2004) 6 scc 254 c) booz allen and hamilton inc. vs. sbi home finance limited and ors., (2011) 5 scc 532 d) bharat aluminium company vs. kaiser aluminum ..... sought a leave, under clause 12 of the letters patent act before filing the petition, therefore, it should not be entertained. the reliance was placed on kotak mahindra finance ltd. vs. t. thomas educational trust and others 2003 (5) bombay cases reporter 579. there was no such agreed jurisdiction clause in that matter. at least .....
Tag this Judgment!Court : Mumbai
..... the persons actually concerned in the contravention. under the proposed clause any person who abets such contravention will also become liable to a personal penalty. thus a financier who finances smuggling or a dealer who helps in the disposal of smuggled goods will also be liable to a personal penalty. (iii) under the existing provisions, the maximum personal ..... court in poppatlal shah vs. state of madras, (air 1953 sc 274) , s.k.gupta vs. k.p.jain, (air 1979 sc 734) , rbi vs. peerless general finance and investment co.ltd., (air 1987 sc 1023) and central bank of india vs. state of kerala ((2009)4 scc 94)) . it was thus observed that the word person would ..... , which of the two views is the correct view or is there a third view in the context of section 112(a) of the act. thus, inherent in answering question no.1, we would have to necessarily answer question no.2. in the circumstances no separate submissions were made in respect of each of the questions but while making submissions on question .....
Tag this Judgment!Court : Mumbai
..... affidavit) wherein once again the factum of any internal correspondence exchanged by the officers of ril was not alluded or adverted to. 11.2. on 3rd february, 2010, ril filed chamber summons no. 201 of 2010 for discovery and inspection of the plaintiff s internal documents, alleging that the same are documents which are very relevant ..... to the said affidavit-in-lieu of examination-in-chief. of the 24 annexures to the said affidavit, only annexure nos. 19 to 21 had been disclosed by ril in its affidavits of documents and annexure no. 2 is an enclosure to a document which has been marked as an exhibit in the suit. apart from that, annexure ..... for production, impounding and return of documents. sub-rule (2) of order xiii, as it existed prior to its amendment by civil procedure (amendment) act, 1999, provided for the effect of nonproduction of documents, which reads as follows: 2. effect of non-production of documents [(1)] no documentary evidence in the possession or power of any party which .....
Tag this Judgment!Court : Mumbai
..... sentenced to rigorous imprisonment for five years and fine of rs.1500/-, in default, r.i. for one year. further the learned sessions judge convicted the appellant i.e accused no.2 - keda waman pawar under section 326 r/w 34 of ipc and sentenced him to suffer rigorous imprisonment for five years and fine of rs.1000/-, in default r.i ..... under sections 302 r/w 34, 307 r/w 34, 506 r/w 34, 201 of ipc. charge was also framed against appellant sudhir under section 135 of bombay police act. both the appellants pleaded not guilty to the said charge and claimed to be tried. their defence was that of total denial and false implication. after going through the evidence ..... of rajpal, hence, the conviction of appellant keda in relation to causing the death of rajpal cannot be sustained. 12. it is to be noted that as far as the act of the appellant sudhir of causing injury to sunil is concerned, he has been convicted under section 307 of ipc. the injuries caused by the appellant sudhir to sunil is .....
Tag this Judgment!Court : Mumbai
..... other matters relating to the business, to find out illegal money-lending, carry out raids in suspicious cases and do regular inspection as provided in the act. the act serves a larger public interest. 27. the respondent state in its counter-affidavit has stated that the strength of the staff looking after money-lending ..... its withdrawal, and, second, to direct the 1st respondent municipal corporation to accept payment of licence fees for such advertisements and hoardings at the previous rates. 2.writ petition no. 735 of 1997 ( sheen ads ) was previously dismissed for default on 17th october 2011. it was restored to file on 31st march 2012 and ..... expenditure of the entire licence department of the 1st respondent corporation. the petitioners also claim that the licences issued under sections 328 and 328a of the mmc act include licences for other kinds of advertisements such as advertisement on buses, taxis, street banners, balloons and so on. according to them, licences issued under .....
Tag this Judgment!Court : Mumbai
..... the 2013 notification. we certainly cannot read it into 2013 notification. to do so would be to render, as mr. nankani says, clause (ii) entirely redundant. if the cap was rs. 20 lakhs, no exporter, no matter what is his incremental exports for the period in question, would ever submit an application or make a claim in excess of rs. 20 ..... additional benefits. 20. mr. nankani s submissions, supported by learned counsel for the petitioners in the other writ petitions, are straightforward. they say that the 2012 notification contained no such restriction as is now sought to be imposed. there were indeed restrictions in 2012 when the incentive policy was first announced. these are to be found in the eligibility ..... as would advance its stated purpose, viz., to promote and encourage exports. that this is also one of the avowed objects of the foreign trade (development and regulation) act, 1992 is also not doubted. where the policy did not itself place any such cap and plainly it did not, for we find .....
Tag this Judgment!Court : Mumbai
..... event management services. these services are covered by section 65(40) read with sections 65(41) and 65(105)(zu) of the finance act, 1994. the petitioners are registered with the service tax department under registration no. aaffc3158gst001. 4. during the financial years 2007-2008 to 2010-2011, the petitioners claim to have suffered a set back in ..... before such central excise officer or held or recorded by him in the course of proceedings before him . for the respondents to say, therefore, in paragraph 2 that the settlement commission is not a forum for evaluating evidence or deciding a matter involving complicated issues of facts and law is clearly incorrect. we are surprised ..... powers to summon and take evidence. if there was any doubt about this, it is completely set at rest by the plain wording of section 32-l(2) which speaks specifically of the central excise officer being entitled to use all the materials and information produced by a petitioner before the settlement commission, or the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... after the solemnization of the marriage, treated the petitioner with cruelty under section 13(1)(ia) of the hindu marriage act, 1955. there are no grounds to attract section 23 of the hindu marriage act and the petitioner is entitled to decree of divorce. permanent alimony: 34. learned counsel for the petitioner fairly stated that ..... arguments raised, the points for determination are: (1) whether the present petition for divorce based on incidents occurring subsequent to the earlier petition is maintainable? (2) whether the petitioner has proved that the respondent has, after solemnization of the marriage, treated the petitioner with cruelty and he is entitled to decree of divorce ..... . the petitioner and his family members came to be acquitted. the marriage has irrevocably broken down and parties have been residing separately for more than 2 years. respondent left the house on 30th december 2003 without any reason and has been guilty of willful mental ill-treatment and cruelty to petitioner. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... after the solemnization of the marriage, treated the petitioner with cruelty under section 13(1)(ia) of the hindu marriage act, 1955. there are no grounds to attract section 23 of the hindu marriage act and the petitioner is entitled to decree of divorce. permanent alimony: 34. learned counsel for the petitioner fairly stated that ..... arguments raised, the points for determination are: (1) whether the present petition for divorce based on incidents occurring subsequent to the earlier petition is maintainable? (2) whether the petitioner has proved that the respondent has, after solemnization of the marriage, treated the petitioner with cruelty and he is entitled to decree of divorce ..... . the petitioner and his family members came to be acquitted. the marriage has irrevocably broken down and parties have been residing separately for more than 2 years. respondent left the house on 30th december 2003 without any reason and has been guilty of willful mental ill-treatment and cruelty to petitioner. .....
Tag this Judgment!Court : Mumbai Nagpur
..... partly towards service charges of the technicians and partly for reimbursement of the expenses. the resident/deductor had approached income tax officer under section 195(2) of the act requesting him to provide information/determination as to what percentage of tax should be withdrawn from the amount payable from the foreign company. on request ..... third and final instalment and deposited the same in advance with the assistant commissioner of income tax, survey circle-ii, permanent account no. s-14/special range-2 in accordance with the provisions of section 195 of the act. 4. subsequently, since the german company was not able to fulfil its obligations, an agreement was entered into ..... no application. in such cases, as the opening words of clause (b) specifically referred to as in any other case ?, the interest is payable from the date of payment of tax. the sequel of our discussion is the resident/deductor is entitled not only to the refund of tax deposited under section 195(2) of the act, .....
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