Court : Mumbai
Decided on : Aug-26-2014
..... the sales tax officer cancelled the specification and issued a show cause notice as to why registration should not be amended so as to exclude certain items. the assessee in reply to the show cause notice contended that all the ..... raw material of sugar after conversion into steam. the water storage tank is a component of main machinery viz. boiler and the excise duty paid on the inputs in the construction of water storage tanks were held eligible for availing ..... tele ventures ltd vs. state of maharashtra, ( 2007 vol 109 (1) bom l.r. 0585); (vii) municipal corporation of greater bombay vs. indian oil corporation, (1991 supp (2) scc 18.); (viii) cellular operators association of india and ors. vs. municipal corporation of delhi etc., ( ..... 'cinema arc carbons' can, therefore, be brought under entry no.4 of schedule i of a.p. general sales tax act,1957, which reads as under:- cinematographic equipment, including cameras, projectors, and sound recording and reproducing equipment, lenses, films and .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-08-2014
..... their production or manufacture on his own account" 11. the facts being undisputed, the only issue that arose before the tribunal was "whether the definition having been either amended or an explanation inserted thereto would result in any change in the legal position". 12. we do not wish to once again burden this judgment with the manufacturing activities ..... the observations of the hon'ble supreme court in the case of union of india vs. indian aluminium reported in : 1995 (77) e. l. t 268 (sc) are nullified with the change in law. with the amendment in section 2(d) of the central excise act, 1944, the produce aluminium dross and skimming are deemed to be marketable. they are capable ..... court : [2003 (158) e. l. t 3 (sc)], and this time, the argument was in relation to cinder, which is unburnt or partly burnt pieces of coal in boiler. in that regard, the arguments of the revenue have been noted in paras 2 and 3. thereafter, the hon'ble supreme court discussed as to what is cinder. in paras .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Apr-08-2014
..... respondent no.3 and the order dated 22.6.2012 passed by the learned in-charge principal district and sessions judge, amravati, the petitioner had by way of amendment challenged the vires of rule 22(i) of the maharashtra prisons (remission system) rules, 1962 being ultra vires of article 14 of the constitution of india. 2 ..... the case of jagmohansingh .vs. state of u.p. and observed that the infinite variety of cases and facets to each would make general standards either meaningless 'boiler plate' or a statement of the obvious. the apex court further observes that exercise of judicial discretion on well recognized principles is in the final analysis, the ..... also penalized by the superintendent. he further submits that escaping from a prison is not included in section 45 of the prisons act and, therefore, since a penalty is provided under section 224 of the indian penal code, the prison authorities have no jurisdiction to impose the penalty on the petitioner for escaping from the prison. the .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-20-2014
..... of weight and measures (packaged commodities) rules, 1977 and has thereby committed offence punishable u/s 51(1) of standards of weights and measures (enforcement) act, 1985. the amendment in question can be reproduced as under: "r.6(1a) every package shall bear the name, address, telephone number, e-mail address, if available, of ..... that respondent no.2 should not have filed the complaint against the petitioner inasmuch as there were clear directions from the controller of metrology that since the amendment was new and certain articles were already packed without the additional requisite information on the packages, it was necessary to give the same breathing time to ..... the officers of the department for not launching the prosecutions till a particular date and for permitting the manufacturers to give additional information in compliance with the amended provisions on additional stickers, it was not proper on the part of respondent no.2 to file prosecution. 8. in my considered opinion, the .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Apr-23-2014
..... will have to be proved and this will have to be done under the indian evidence act. he further urged that the averments already made in the election petition were within the framework of law and the respondent no. 1, by way of amendment, has only elaborated the facts. learned counsel submitted that the respondent no. ..... is clear that amendment of the election petition in the present case was permissible and was governed by order 6 rule 17 of c.p.c. 10. in the case of sonia gandhi? (supra), admittedly, the respondent-sonia had acquired indian citizenship by registration under section 5(1)(c) of the citizenship act and the validity(correctness ..... mohammed mohd. raza? (supra), the point for consideration was whether an election petition under section 33 of the mumbai municipal corporation act 1888 (the act) can be permitted to be amended. an application for amendment of the election petition was filed on the ground that during the pendency of the election petition, the petitioner came to know .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Mar-26-2014
..... exercise of revisional jurisdiction. the facts of the reported case show that in that case also decree was given under the ground mentioned in section 13(1)(g) of the act. both the courts below have considered all the material with regard to this ground and this court has no reason to interfere the decision given by the courts below. ..... from the tenant on this point. 18. both the courts below have considered aforesaid material. the decree is given on the ground mentioned in section 13(1)(g) of the act. though the other ground like necessity of the premises for repairs is also held to be proved, there is no convincing evidence on that ground. in any case, even ..... the ground of bonafide requirement of the landlord for occupation by himself under the provisions of section 13(1)(g) of the bombay rents, hotel and lodging house rates control act, the word himself? occurring under clause (g) has to be read as himself and members of his family dependant upon him. it is laid down that if the family .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Feb-25-2014
..... , must satisfy the tests of public policy not only in terms of the aforementioned provisions but also in terms of section-23 of the indian contract act.? the apex court has held that the provision of section 25-n regarding obtaining prior permission of the appropriate government is imperative in character and ..... the corporation. even in the model dye house, there were sanctioned posts of three junior clerks, one manager, one dyeing master, one senior clerk, one boiler attendant, one fireman, four labourers, and the other posts. the corporation exercised ownership, control, supervision, finance and management of employees working in different departments and ..... establishment of the corporation consisting of all departments and total 600 employees constituted an industrial establishment?, as defined under section 25-l of the industrial disputes act. the reliance is placed upon the oral evidence of the complainants, the oral evidence of shri manohar zade (exhibit 48) and shri nandeshwar bawne ( .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-29-2014
..... law for the time being in force. that inconsistency was sought to be removed by the amending act. by the amending act of 1984, sub-section (2) was also amended so as to substitute the maharashtra housing and area development act, 1976 for the bombay housing board act, 1948 and to incorporate a reference to any other law for the time being in force. ..... a "licensee" relating to recovery of possession of any immovable property or relating to recovery of license fee. section 5(4a) of the rent act defines the term "licensee" while section 52 of the indian easement act, 1882 defines the term "license". a mere look at both these provisions would show that sub-section (4a) of section 5 of the ..... are of the considered opinion that the expression licensee employed in section 41 is used in general sense of term as defined in section 52 of the indian easement act. 52. we have elaborately discussed the various legal principles and indicated that the expression 'licensee' in section 41(1) of the pscc .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-14-2014
..... precincts, special permission from the municipal commissioner may be obtained if the height of the building exceeds 24 mtrs excluding height of stilt on ground floor.? the above amendment extends the facility to reconstruct a building of a height in excess of 24 mtrs. inter alia even to redevelopment projects under regulation 33(6) of the dcr ..... that the erstwhile commissioner who had granted permission to vasant sagar to construct a building in excess of 24 mtrs. in height had post his retirement from the indian administrative service joined a company in zee group to which vasant sagar also belongs. therefore, it is submitted that the exercise of discretion on the part of ..... case amendments in 1999 and 2009 of regulation 67 of the dcr 1991 would itself indicate that the government directive dated 25 april 1995 came to an end as the same was not incorporated into the dcr 1991. alternatively, it is submitted that unless the directive which is issued under section 37 of the mrtp act is acted .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-24-2014
..... schedule means the resolution no.mut-1004/1671/158/2004/ld10 dated 19th august 2004 issued by gom in exercise of the powers conferred by the indian tramways act 1886 (bombay amendment act 1948) in respect of the levy and collection of the toll from commuters and a copy of which is at schedule-l. 5. under ..... dated 28/08/2013 to the said company, recorded that mmrda vide letter dated 19/03/2012 had advised the respondent no. 3 company to follow metro act (amendment) act, 2009 for obtaining clearance. mmrda made reference to state government to issue notification recognizing the said company as metro rail administration. by the said letter, the ..... rapid transit system (mrts) along the versova-andheri-ghatkopar corridor through a concession on public private partnership format and approved the said project under the provisions of indian tramways act 1886. 3. on 21st august 2004, mmrda invited proposals for selection of a bidder for development and operation of the said project on build, own, .....
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