Court : Mumbai
Decided on : Jan-05-2009
Reported in : 2009(4)BomCR414; 2009(111)BomLR502
..... be a tax on mineral rights. in either case, the impugned cess is covered by entries 49 and 50 of list ii. the west bengal taxation laws (amendment) act 1992 must be and is held to be intra vires the constitution. (h) it is therefore obvious that in spite of land being coal bearing & used ..... to demonstrate the inappropriateness in preliminary objection sought to be raised by the state government here. in case of munic ipal commissioner of dumdum muni ipality v. indian tourism development corporation reported at : (1995)5scc251 , hon. apex court found that the finding of high court about all lands in possession of itdc being ..... international airport authority v. municipal corporation of delhi re ported at : air1991delhi302 are also pressed into service for same purpose. municipal commissioner of dum dum municipality v. indian tourism developme nt corporation reported at : (1995)5scc251 and judgment of hon division bench of jammu and kashmir high court reported at hotel corporation of india v. .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-06-2009
Reported in : AIR2009Bom56; 2009(1)BomCR485
..... junior division, solapur has stayed the suit on application filed by the defendant by invoking the provisions of section 22 of the sick industrial companies (special provisions) amendment act, 1985, by holding that the suit for recovery of money is not tenable as the suit was for recovery of rent/money against the sick company without ..... the rent control legislation.9. the apex court again reiterated the same in carona ltd. v. parvathy swaminathan & sons : air2008sc187 , considering the maharashtra rent control act and the same provision has observed as under:19. the courts were also right in relying upon shree chamundi mopeds ltd v. church of south india trust association ..... in holding that eviction proceedings initiated by the landlord against the tenant were maintainable even if the company was 'sick' under sica and section 22 of that act would not operate as bar to such proceedings.10. in view of this settled law, the submission of respondent based upon rishabh agro industries ltd. v. .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-13-2009
Reported in : AIR2009Bom75
..... by the central government.6. the learned counsel for the petitioner vehemently contended that the petitioner is co-operative bank registered under the maharashtra co-operative societies act and for the proper functioning of the same as per provisions of law, the commissioner of co-operative societies and the registrar and other functionaries under ..... and it was reiterated by the constitution bench of the supreme court in the case of pradeep kumar biswas v. indian institute of chemical biology : [2002]3scr100 and the observations of the supreme court in pradeep kumar v. indian institute were reiterated in the case of s.s. rana v. registrar, co-op. societies, as quoted ..... be applicable and if, no, the said act is not applicable.12. observations in prabhu shriram co-operative milk society were not relevant for decision of this matter. mere recommendation or suggestion to amend the law, does not change the law unless the amendment is actually made by the legislature. in view of the fact and .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-14-2009
Reported in : 2009(3)BomCR301
..... therefore, once the award is passed, it is executable under c.p.c. there is no dispute as recorded that as per the bombay civil courts act, 1869 (amended act- 1998) the peculiar jurisdiction of court of civil judge, junior division is restricted to one lack rupees. in the facts and circumstances of the case, i ..... petitioners did not comply with the same award therefore, the execution application filed by the respondent against the petitioners (judgment debtors).15. section 20 of the act empowers to take cognizance by the lok adalat, when both the parties jointly make an application indicating their intention to compromise, which covers the proceeding under section ..... am not inclined to dismiss the execution application on that count. it will frustrate the whole object of settlement and the award under the act. the petitioners .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-20-2009
Reported in : 2009(4)BomCR476; 2009(111)BomLR1014
..... the respondents is saved by the provisions of section 3, sub-section (4) of the cantonment (extension of rent control laws) act of 1957, as amended by act 22 of 1972.it is submitted by mr. shah that the amendment application pressed into service by the appellants is required to be granted and the appellants may be permitted to ..... tenure of the cantonment lands and as per the judgment in the case of secretary of state for india in council v. satish chandra sen reported in lvii indian appeals, all the lands in cantonment were acquired for military purpose but private individuals were allowed to erect houses on various plots, subject to certain restrictions. it ..... admission certificate is nullity. we, therefore, do not find any substance in this appeal. the appeal is accordingly dismissed with costs.36. so far as the amendment application being civil application no. 5207 of 2008 preferred by the appellants herein is concerned, since on merits we found that the plaintiff has failed to prove her .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-22-2009
Reported in : 2009(111)BomLR609; 2009(2)MhLj651; LC2009(1)329
..... court is required to be determined under the provisions of order xiv rule 2 of the c.p.c. the preliminary issue has been framed. the plaintiff desires its amendment . it is, therefore, re- framed as follows:whether this court has inherent jurisdiction to try the suit.7. one mode of reading of plaint is to see ..... the licence to the complainant in accordance with the directions of copyright board, on payment of such fee as may be prescribed.explanation ,- in this sub-section, the expression 'indian work' includes -(i) an artistic work, the author of which is a citizen of india; and(ii) a cinematograph film or a [sound recording] made or manufactured in ..... perform the statutory duties and public functions essentially under section 31 of the act. section 31 runs thus:31. compulsory licence in works withheld from public - (1) if at any time during the term of copyright in any indian work which has been published or performed in public, a complaint is made to the copyright board that the owner .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-22-2009
Reported in : 2009(111)BomLR737
..... assistant minister issue).'xxxxx xxxxx xxxx320 the prosecutor complained that a parliamentary secretary, such as the respondent, was not, by the ministers of state and other legislation amendment act 2000 (cth) or otherwise, a minister, still less a minister administering a department as, it was suggested, section 64 of the constitution requires. the ..... settle political interest in the garb of exercise of an executive power apparently not in consonance with law. [see- oxford- administrative law, ninth edition (indian edition) by h.w.r. wade and c.f. forsyth].51. the supremacy of the constitution cannot be permitted to be compromised by any organ of ..... no. 5 is that the general assembly elections were held in goa in may, 2007. the petitioner was actively and openly campaigning and canvassing against indian national congress nationalist congress alliance. since the alliance parties have returned to power, petitioner supporting bharatiya janata party has filed this petition by way of political .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-27-2009
Reported in : (2009)224CTR(Bom)409
..... secondly submitted that subsequent to the judgment of the supreme court, in the case of metrani (supra), the it act has been amended and section 292c has been inserted by finance act, 2007 w.e.f. 1st oct., 1975. the effect of said amendment is that where the document is seized in the course of search under section 132 or section 133, it ..... found in the possession or control of any person in the course of a search under section 132 (or survey under section 133a), it may, in any proceeding under this act, be presumed:(i) that such books of account, other documents, money, bullion, jewellery or other valuable article or thing belong or belongs to such person;(ii) that ..... the aforesaid reasons, the tribunal held that the ao was justified in bringing to tax the amount of rs. 20 lacs under the provisions of section 69 of the it act.6. at the hearing of this appeal, on behalf of the appellant, their learned counsel firstly submits that the appellant assessee was not given a fair opportunity. the .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-28-2009
Reported in : 2009CriLJ4267
..... shown to have been meted out to the woman soon before her death.similarly, section 113-b of the evidence act is also relevant. both the aforesaid provisions were inserted by the dowry prohibition (amendment) act 43 of 1986 with a view to curtail, reduce and successfully prosecute the accused who are involved in the increasing ..... purview of the 'death occurring otherwise than in normal circumstances'. the expression 'soon before' is very relevant where section 113-b of the evidence act and section 304-b ipc are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that case presumption operates ..... of her marriage is covered by the expression 'death of a woman is caused....or occurs otherwise than under normal circumstances' as expressed in section 304-b ipc.15. the apex court, therefore, has observed that other payments which are customary payments are not covered by the expression 'dowry'. the supreme court in catena .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-02-2009
Reported in : AIR2009Bom84; 2009(111)BomLR796; LC2009(1)237; 2009(40)PTC91(Bom)
..... wide and includes as one of its items only the chemicals used in industry, which the plaintiff deals in, the trade marks registry required the plaintiff to amend the application to restrict the specification to only 'chemicals used in industry'. it is the defendant's argument that this would exclude the laboratory chemicals which are used ..... 3) : the plaintiff has obtained registration of its trade mark 'atul' shown in a circle with the letter 'v' in hindi as well as the word 'atul' in various indian languages therein. the plaintiff has obtained separate registration of its word mark 'atul'. there are 3 such separate trade registrations, each relating to class- 1, class- 2 and class- ..... trademark /word mark 'atul' in respect of the goods covered under class- 1, class- 2 and class- 5 of schedule iv to the trade and merchandise act, 1958 (the act) registered in favour of the plaintiff in respect of the word 'atul' or the trade name 'atul chemicals'. the plaintiff has also sued for damages but .....
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