Court : Mumbai
..... money power or unholy nexus with the power corridors." taking note of the earlier precedents on the subject, the supreme court held that there should be no judicial tolerance of illegal and unauthorised constructions. the same principle has been laid down in another judgment of the supreme court in eshaekta apartments co-operative housing ..... navi mumbai municipal corporation came into existence and is now designated as the planning authority for the area. cidco has stated that it has not granted either a no objection certificate or any permission for development or construction on the plot. however, according to cidco, since the municipal corporation is now the planning authority, it ..... of the fifth respondent were to his office at a nearby location. in response to a query under the right to information act, the petitioner was informed by the police authorities on 2 april 2013 that between 1 october 2012 and 31 october 2012, police escort was provided to the fifth respondent on seventy two .....
Tag this Judgment!Court : Mumbai Aurangabad
..... industrial area in two phases. the industrial estate is a part of larger national plan and establishment of delhi-mumbai industrial corridor and the project has been financed by international agencies. admittedly, 246.38 hectares land has been acquired from village ladgaon and the total land, which is divided into several plots, held by ..... as residential and/or commercial to benefit the builders? petitioners have reiterated their contentions raised in the petition. 12 it has been contended on behalf of respondent no.2-midc that all the petitioners are subsequent purchasers i.e. purchasers of plots after declaration of notification dated 15.04.1998 under section 1(3) read ..... be taken by the authorities before resorting to section 17(4) of the land acquisition act and that they had to satisfy themselves that there was an urgency of such nature as indicated in section 17(2) of the act, which could brook no delay whatsoever. in the reported matter, state of haryana was directed to consider the .....
Tag this Judgment!Court : Mumbai Nagpur
..... report is made binding on the assessing officer and thus he enjoys equivalent status. as per the statutory scheme when the report /order of valuation officer under section 50c(2) is objected to by assessee, the cit (appeals) or itat are obliged to extend an opportunity of hearing to such valuation officer. perusal of order of itat, ..... officer in it. thus, an order of valuation officer determining the market value of the asset on the date of transfer under section 50c(2) is made appealable even for the purpose of income tax act, 1961 as per scheme therein. sub-section (6) of section 23a stipulates that when the valuation of any asset is objected to in ..... by the assessee would stand withdrawn. again this aspect has no bearing and is not relevant for consideration at this stage. 5. perusal of provisions of section 50c of the income tax act, 1961 shows that it is a special provision for full valuation consideration in certain cases inserted by finance act of 2000 w.e.f. 01.04.2003. its .....
Tag this Judgment!Court : Mumbai Nagpur
..... dated 30.10.2009 issued by respondent no.3 whereby it is held that an amount of rs.2,01,988/- is required to be withheld pending decision of appeal before the sales tax authority. the petitioner received an amount of rs.2,78,011/- out of the total amount ..... , in our view, is unsustainable basically for want of specific provision under the payment of gratuity act, 1972 and of any service conditions. the respondents' case that it falls within the ambit of section 4(1)(a) of the gratuity ..... act to forfeit certain amount of gratuity. this is not the case which falls within the ambit of those provisions. the ..... of said amount itself is without jurisdiction and authority. the promise to return the amount after conclusion of the proceedings is of no use. there is no legal justification or a ground on record of the respondents to take such drastic action and withholding of the gratuity amount of .....
Tag this Judgment!Court : Mumbai Nagpur
..... section 156(3) of cr.p.c. is commission of cognizable offence. in the present case, we have already held that the petition filed by non-applicant no.2 does not disclose any cognizable offence having been committed by the applicant. it is axiomatic that once the order under section 156(3) is passed, the in-charge ..... present matter, as has already been held by us that the complaint does not disclose the ingredients to constitute the offence under the provisions of the atrocities act. we have no hesitation to say that the complaint and the order passed by the learned magistrate under section 156(3) of cr.p.c., are nothing else but ..... let us examine what is the case sought to be made out against the four persons who, according to the complainant, have committed the offence punishable under the atrocities act. i) the allegations against shri kailash bilonikar, under secretary (pol1), home department, mantralaya, mumbai. the allegation against shri bilonikar are that he is a controlling officer .....
Tag this Judgment!Court : Mumbai
..... wang wendong. submissions:- 3) mr. prashant pratap, the learned senior counsel appearing for the appellant challenges the impugned order vacating the arrest of respondent no.1 vessel and respondent no. 2 company by holding that they are not in the common beneficial ownership of wang wendong. in support of the above challenge following submissions are made:- ( ..... ) the supreme court in indo wind energy ltd. v. wescare (india) ltd. 2010(5) scc 306 has held that each company incorporated under the companies act has a separate and distinct legal entity from its shareholders and other companies. therefore, the mere fact that the two companies have common shareholders or common board of ..... investment co. ltd. at any given point of time . in view of the above categorical statements on oath of mr. wang wendong the reason to act on suspicious surrounding circumstances cannot be sustained. in the face of the above affidavit it is impossible to accept the submissions of the appellant that the arrest of .....
Tag this Judgment!Court : Mumbai
..... cases cannot be said to lay down the absolute proposition that specific performance of a development agreement can never be granted. 73. in the case of peerless general finance and investment (supra), on construction of particular clauses of the agreement in question, the court held the agreement to be purely a development agreement without any provision ..... op. housing society (1999 (supp) bom. c.r. 257; (vii) decision of a learned single judge of this court (f.i. rebello, j.) in the peerless general finance and investment co. ltd. vs. swan mills limited and others (2000 (1) bom. c.r. 48); (viii) unreported decision of a learned single judge of this court ( ..... also correct in their submission that the provisions of the mofa are mandatory and would apply in respect of the present construction. under section 2(c) of the maharashtra ownership flats act, the plaintiff, defendant no. 5 as well as mcgm, would be the promoters. this court has, in association of commerce house vs. vishaldas (1983 blr .....
Tag this Judgment!Court : Mumbai Aurangabad
..... t.o. office, if any. as there were dues in respect of r.t.o. office, they refused to transfer the vehicle in the name of respondent no. 2. it is the case of respondent no. 2 that he gave report against the petitioner as false representation was made to him on 19.11.2010. it is contended that due to this development, the ..... and ors. vs. v.k. elayalwar and ors.]. in this case, the apex court has discussed the provision of section 19 of the sale of goods act and section 31 of motor vehicles act. the apex court has observed that the property in vehicle gets transfered in favour of the purchaser at the time intended by a party to contract for ..... transfer under section 19 of sale of goods act. it is observed that the provisions of motor vehicles act 1939 simply prescribed procedure for entering the factum of transfer of registration certificate which is a act posterior to the transfer. thus, it can be said that when the document of sale is .....
Tag this Judgment!Court : Mumbai
..... not state aided public trust within the meaning of s. 41aa(4)(a) of bombay public trusts act, 1950 and be pleased to restrain the respondent no.1 and respondent no.3 from implementing the said scheme to the petitioner herein. 2. by an order dated 7th january, 2010, this court had allowed the petitioner to withdraw the petition ..... in these circumstances that the petitioner is constrained to approach this court seeking the reliefs as prayed for therein. 3. the learned counsel for the respondent no.2-state and respondent no.12 have raised a preliminary objection about the maintainability of the review petition, especially as the petitioners were not party to the original writ petition and ..... medical relief, having annual expenditure of more than rs. 5 lakhs. in view of section 41-aa clause-4 sub-section (iv) read with section 58(ii) of bpt act, the scheme as contemplated under section 41-aa is applicable to the trust of the petitioner, i.e. shri seva medical foundation. 4. the learned counsel .....
Tag this Judgment!Court : Mumbai Aurangabad
..... it appears that this court was considering the order, which was passed by the special judge under the maharashtra control of organised crimes act, 1999. the order below exh.156 in special case no.2 of 2003 by special court at pune was in respect of the application seeking co-operation from the accused, who was in jail and ..... from the date of filing of the complaint. sections 143 to 147 were inserted by the negotiable instruments (amendment and miscellaneous provisions) act, 2002 (55 of 2002), s. 10 (w.e.f. l6-2-2003).legislative intention ought to be given effect by the courts. 4. in the present case, it appears that the evidence was ..... wherein complainant wants to rebut defence of the accused. 3. it appears that in the pending summary criminal case no. 3061/2003, in a trial arising out of complaint under section 138 of the negotiable instruments act, the complainant shri mahavir urban co-operative credit society ltd., jalgaon through its authorised recovery officer had lodged complaint on .....
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