Court : Mumbai
Decided on : Mar-18-1993
Reported in : 1994(1)BomCR211
..... . on july 24, 1951, nanabhoy, by deed of conveyance, transferred the ownership rights in favour of byramjee jeejeebhoy private limited, a company incorporated under the indian companies act. after abolition of khoti rights, the government introduced record of rights in accordance with the provisions of the land revenue code and the name of the company ..... the order passed on satisfaction of the executing court was subject to the result of the suit which can be filed by the aggrieved party. the amended provision of rule 101 prescribes that all questions including questions relating to right, title and interest in the property arising between the parties to the proceedings ..... the property; but, subject to the result of such suit (if any), the order shall be conclusive.'these provisions which were in existence prior to the amendment of the code of civil procedure in the year 1976 clearly established that in case where the decree-holder is obstructed in recovering possession, then an application .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-17-1993
Reported in : 1994(1)BomCR444; (1994)96BOMLR906
..... it amply clear that construction of any other additional building or structures, whether made in the past or to be made in future, after coming into force of the amended act, is permissible so long as it is under a scheme or project of development in the layout, and subject to the relevant rules and bye-law. it does ..... 1 m/s. vishram khimji & sons.2. the undisputed facts giving rise to the present appeal, may be stated thus :plaintiff is a partnership firm registered under the indian partnership act. in 1962, in pursuance of an agreement of sale, plaintiffs entered into possession of a plot of land, bearing survey no. 27/a, hissa no. 1(pt) ..... get electric supply to the building or water connection as promised by them. therefore, a criminal complaint was filed against the plaintiffs under section 420 and 114 of the indian penal code. said complaint was compounded between the parties on certain terms and conditions. according to defendants, plaintiffs tried to dispose of part of the land, by .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-20-1993
Reported in : (1993)115CTR(Bom)103
..... full disclosure was being made voluntarily immediately on the determination of the full facts. the letter requested waiver of penalty under s. 271(4a)(ii) of the it act, 1961. amended returns for the years 1966 to 1972 were also submitted and a self-assessment of the tax payable was made and the tax amount of rs. 49,29, ..... a company incorporated under the laws of united states. at all material times, it carried on business in india and was declared a company for the purposes of the indian it act, 1922, by the central board of revenue in the year 1953 which declaration still subsists. at all relevant times, the appellant was being assessed as a non- ..... or(b) where such income has been assessed to too low a rate; or(c) where such income has been made the subject of excessive relief under this act or under the indian it act, 1922 (11 of 1922); or(d) where excessive loss or depreciation allowance has been computed.explanation 2 : production before the assessing officer of account books or .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-03-1993
Reported in : 1994(70)ELT172(Kar)
..... gets exhausted on issuance of such a notification and there is no power to add to,amend, vary or rescind the notification. section 21 of the general clause act was referred to, which discloses that when a power is conferred by any act or regulation, to issue notifications, orders, rules or bye-laws, said conferment of power ..... to the show cause notice. 10.1 the petitioner manufactures stainless steel items like wash-hand sink, lavatory pans, wall protectors etc., for being supplied to the indian railways, exclusively, in accordance with the purchase orders and the drawings furnished by the railways. drawing number is indicated in every item along with the identification mark ..... of the railways as required by the railways; there is also a writing to it that the item is the property of the indian railways. the 'mark' is referred to by the respondent as a monogram of the railways and therefore, proceedings were initiated to collect differential duty, since .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-09-1993
Reported in : ILR1993KAR1504; 1993(2)KarLJ47
..... to dismiss the application dated 24.7.85 filed by bhima being that it was filed beyond the prescribed period under the act.2. section 5 of the karnataka debt relief (amendment) 1981 as amended by act 17/81 reads. section 5(1):-'a debtor referred to in clause (f) of section 3 may on or before the ..... in view of the same, contentions advanced by the petitioner that the authorities erred in not exercising jurisdiction to condone the delay under section 5 of the limitation act also cannot be legally accepted.9. sri b. jigijinni, learned counsel for the petitioner, with his legal expertise and resources at command, contended that the authorities ..... in pursuance of the same possession of the lands in question was delivered to shankar. subsequently, bhima filed an application under the provisions of the karnataka debtors relief act, 1976 seeking relief from indebtedness, proceeding being numbered as kdr/hkp. 445 dated 25.11.1976, the taluka magistrate passed the order, the operative portion being:-' .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-12-1993
Reported in : ILR1993KAR3153; 1993(4)KarLJ604
..... offending articles 19(1)(g) or article 14 of the constitution. it appears that the high court has given cogent reason for upholding the vires of the amending act and for dispelling the contentions raised by the writ petitioners and we endorse the view taken by the high court. we may only indicate here that in ..... governments of their constituent units. the assembly in fact, produced a new kind of federalism to meet india's peculiar needs.'though the federalism envisaged by the indian constitution is compared to 'co-operative federalism' the mechanics of interpretation of the constitution should mould itself to make it a workable organ and prevent a possible ..... drug industries. it is also a raw material in the manufacture of potable alcohol including arrack and other liquor such as whisky, brandy, etc. commonly referred as indian made foreign liquors ('imfl' for short). in view of the insistence on the part of the respondents, petitioners have obtained licences in respect of the distillery units .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-03-1993
Reported in : 1994(45)ECC107; 1994(2)KarLJ255
..... gets exhausted on issuance of such a notification and there is no power to add to, amend, vary or rescind the notification. section 21 of the general clauses act was referred to, which discloses that when a power is conferred by any act or regulation, to issue notifications, orders, rules or bye-laws, said conferment of power ..... to the show cause notice.10.1 the petitioner manufactures stainless steel items like wash-hand sink, lavatory pans, wall protectors etc., for being supplied to the indian railways, exclusively, in accordance with the purchase orders and the drawings furnished by the railways. drawing number is indicated in every item along with the identification mark ..... of the railways as required by the railways; there is also a writing to it that the item is the property of the indian railways. the 'mark' is referred to by the respondent as a monogram of the railways and therefore, proceedings were initiated to collect differential duty, since .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-26-1993
Reported in : AIR1994AP170; 1993(1)ALT608
..... companies will not come within the exemption enumerated in sec-tion4(e) of act iv of 1938 as they are not corporations formed pursuant to act of parliament of the united kingdom or any special indian law. subsequently, section 21-a of the act was amended by amending act 1 of 1984 and it came into force with effect from 15-2- ..... 1984.8. while so, in another case m. satya-narayana v. andhra bank ltd., eluru, : air1985ap77 question arose regarding the applicability of provisions of act iv of 1938 to similar ..... to contest wherever needed, namely, at any stage of a suit is expressly barred.'while so stating, the learned judges held that s. 7 of the principal act as amended by amending act 7 of 1973 is retroactive and is applicable to pending proceedings, whether in suit, appeal or even at further appellate stage.39. mr. murthy, learned counsel .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-17-1993
Reported in : AIR1993AP312; 1993(1)ALT409
..... the time being an excluded area, or a partially excluded area, and any regulations so made may repeal or amend any act of the federal legislature, or of the provincial legislature or any existing indian law, which is for the time being applicable to the area in question. regulations made under this sub-section ..... any such regulations assented to by the governor general as they apply in relation to acts of a provincial legislature assented to by him.(3)..... subsequently by, the government of india (adoption of indian laws) order, 1937, schedule districts act, 1874 was repealed. the excluded and partially excluded areas came directly under the gov ..... -erance of the governor under section 92 of the government of india act, 1935. these excluded and partially excluded areas became scheduled areas .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-14-1993
Reported in : [1994]92STC34(AP)
..... 319. it is necessary to refer to this decision in detail. the supreme court considered item (iv) of section 14 of the central act after amendment as substituted by the central sales tax (amendment) act, 1972. (there were no material alterations to the said item subsequently). in that case, the supreme court has observed as follows : ' ..... 'cast iron' takes within its scope 'cast iron castings'. 25. but what do the expressions 'cast iron' and 'cast iron castings' denote 26. in the indian standard is : 2763-1964 dealing with glossary of terms relating to foundry technology, the term 'cast iron' is defined and explained as follows : 'an alloy essentially ..... 1977, of the government of india was also relied upon by the west bengal taxation tribunal for interpreting the expression 'cast iron' in section 14 of the central act in indian wire & steel products v. additional commissioner of commercial taxes [1991] 80 stc 21. the tribunal held as follows : '....... mr. sasanka sen, the learned advocate .....
Tag this Judgment!