Court : Mumbai Nagpur
Decided on : Feb-26-2014
..... , which is invoked beside the statute which is challenged and to decide whether the latter squares with the former'. 48) we accordingly hold that the provisions of amending act of 1976 have a direct and substantial relationship with the objects of article 39(b) and, therefore, are entitled to the protection of article 39c. if the ..... chauvinism will have a field day if article 19(1)(d) is not available to the citizens. already, there are disturbing trends on a part of the indian horizon. those trends will receive strength and encouragement if laws can be passed with immunity, preventing the citizens from exercising their right to move freely throughout the territory ..... of commitment to social revolution and they, together, are the conscience of the constitution is to be traced to a deep understanding of the scheme of the indian constitution. granville austin's observation brings out the true position that parts iii and iv are like two wheels of a chariot, one no less important than .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-26-2014
..... intra-office note. 21. we have heard the parties at length. the petitioner has in the course of her submissions relied upon the aai act, 1994 as amended by the amendment of 2003 and in particular section 40(1) thereof, which is reproduced below:- 40 (1) without prejudice to the foregoing provisions of this ..... , public grievances and pensions, government of india (dopt) with retrospective effect from 1st september, 2008 and also the subsequent dopt om's issued regarding clarifications / amendments and also for direction to quash and set aside the office memorandum dated 15th july, 2014 and the subsequent intra office memo dated 15th march, 2011 whereby the ..... act, the authority shall, in the discharge of its functions and duties under this act, be bound by such directions on questions of policy as the central government may .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Feb-05-2014
..... suit. 3. there is no dispute that a deed of partnership was entered into between the plaintiff and the defendant no.1 on 09.09.2005, which was subsequently amended on 16.11.2007 by executing separate agreement containing clause of arbitration. undisputedly, the defendant nos. 2 to 5 are not parties to any of the two deeds. ..... of the suit between parties who are parties to the arbitration agreement and others is possible. this would be laying down a totally new procedure not contemplated under the act. if bifurcation of the subject matter of a suit was contemplated, the legislature would have used appropriate language to permit such a course. since there is no such ..... parties to the arbitration agreement. in view of this, the learned judge of the trial court has committed an error in allowing the application under section 8 of the said act. the order, therefore, cannot be sustained. 7. in the result, writ petition is allowed. the order dated 2nd may, 2013, passed by the learned 4th joint civil .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Feb-04-2014
..... orders as he deemed fit, why after noticing the wrong practices and concern shown by this court in w.p. 4122 of 2007, no measures to make amends were initiated, is not understood. release of excess quota itself speaks volumes about the unholy nexus operating to the prejudice of common man. hon. minister could not ..... rent controller (munsiff), cannanore and ors. (supra), the hon'ble apex court has considered provisions of section 20(1) of kerala building (lease and rent control) act, 1965. its consideration in para 3 shows how similar provision employing similar phraseology has been found to be much wider as against limited scope of revision available under section ..... 10.07.2012 in regular criminal case no. 52 of 2011, acquitting the accused in person from the offence under sections 3 and 7 of the essential commodities act, 1955. those accused are the persons concerned with administration and management of respondent no. 7. 3. shri gordey, learned senior advocate appearing for the petitioner in .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : May-09-2014
..... political defection in the parliament on the national level and in the state legislatures on the state level, the parliament has amended the constitution of india by the constitution (fifty second amendment) act, 1985. at the level of district, taluka, city and town, different local authorities are charged with the administration of ..... not hold the field in the present case, for subsequent to said decisions/authorities, the maharashtra municipal councils, nagar panchayats and industrial townships act has been amended creating an access for formation of post poll aghadi if formed within a period of one month from election results, which in this case ..... to ensure that all the recognized parties and groups in the corporation are adequately represented in the committees constituted under the corporations acts, the government considers it expedient to amend these acts to provide for the nomination of members of the committees in proportion to the strength of the political parties or groups in .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-01-2014
..... self government and to determine for itself as to what would be the beneficial source of revenue as alleged or otherwise. it is denied that the impugned amending act is contrary to the articles 243w, 243x and 243y of the constitution of india and it is rendered nugatory the said constitutional provisions as the state government ..... so as not to waste the mandate of the constitution, but to ensure that the municipalities act in public interest and for public good. importantly, the power to tax is an incident of sovereignty. that under the framework of indian constitution only two principal bodies which have been vested with plenary powers to make laws. they ..... ratnaprabha (air 1977 sc 308) (supra) which has been followed in the case of indian oil corporation ltd. (air 1995 sc 1480) (supra) have lost their effectiveness because of the base of the said pronouncements has been wiped out by amendment brought in the enactments which has fundamentally altered the situation. (vii) sections 138 of the .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Mar-28-2014
..... , where the property is not all situated in one sub-district, or where the registered instrument has been registered under sub-section (2) of section 30 of the indian registration act, 1908, from the earliest date on which any memorandum of such registered instrument has been filed by any sub-registrar within whose sub-district any part of the property ..... the reference proceedings on 26/4/2007 awarding the amount of compensation of rs.5,66,027/- with interest in favour of the goa co-operative bank. by an amendment to the written statement, the defendants no.6 and 7 stated that the will dated 22/1/1999 was executed by the original plaintiff no.1 only with the ..... reads as follows: 105. bar of jurisdiction of courts- (1) save as otherwise provided in this act, no court shall have jurisdiction in respect of - (a) the registration of multi-state co-operative society or its bye-laws or of an amendment of the bye-laws; (b) the removal of board of directors; (c) any dispute required under section .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-05-2014
..... was not to be available for such construction. 9. on or about 22nd march 1983 the corporation issued special notice under section 167 of the act informing that the assessment book had been amended and called upon the lessee to file complaint within 15 days from the date of receipt of the said notice under section 163 (2) of ..... (supra). this court after considering the judgment of supreme court in case of national and griendlays bank (supra) held that even in case of doctrine of dual ownership of indian law did not come in the way and it has held that there should be composite assessment of law and structure and the primary liability of assessment in case is ..... monthly basis to a third party, who had constructed a building thereon. the distinction is without any difference because even in that case the doctrine of dual ownership in indian law did not come in the way; and it has held that there should be a composite assessment of land and structure and the primary liability of assessment in .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-22-2014
..... equipments safety equipments, safety masks etc. the suppliers of trading goods of the company both foreign as well as domestics. the clients of the company include indian ordinance authorities, drdo barc apart from other private corporate. during the scrutiny proceedings in the past assessment years as well as pending scrutiny proceedings for assessment year ..... well as the status of additions made in the past assessment years, it was decided to undertake action u/s. 133a of the i.t. act to find out further evidences strengthening the bogus purchase transactions. the result of survey clearly brings out findings supporting and strengthening the evidences regarding the bogus ..... of opinion was considered in the following manner. (extracted portion of the order) "accordingly, in the course of statements recorded u/s.131 of the it act, 1961, some of the parties denied of having any transaction with the assessee and admitted of issuing bogus purchase bills by passing the accommodation entires in .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-08-2014
..... his submission a service tax can be imposed by the parliament vide entry 92c in list i (union list) inserted by the constitution (eighty-eighth amendment) act, 2003. however, this amendment act has not been brought into force or effect. once it is not brought into effect, the parliament lacks competence to impose a service tax, is ..... the decisions in the cases of associated hotels of india limited and northern india caterers limited (supra). the honourable supreme court referred to the constitution (forty-sixth amendment) act, 1982 and particularly the definition noted above and held as under:- 8. learned counsel next contended, relying upon the judgments aforementioned, that, in the eye ..... /s state of uttar pradesh. (11) 2013 tiol 533hckeralast kerala classified hotels and resorts association v/s union of india. (12) 2010 (20) str 437 (del.) indian railways c. and t. corporation ltd. v/s government of nct of delhi. (13) (2011) 46 vst 35 (karn) sky gourmet catering private limited v/s .....
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