Court : Mumbai
Decided on : Feb-28-2014
..... there is no full utilization of the subject property or the said property in accordance with the terms and conditions of the exemption order dated 21.3.1981 as amended from time to time. 5. on 11.03.2004, presumably relying upon condition no. 2 in the exemption order dated 21.03.1981, which provides for ..... locus standi to challenge the validity of the subordinate legislation in question.? 48. the aforesaid opinions expressed by english jurists and judges have been quoted with approval in the indian context by the supreme court of india in the cases of (i) state of punjab and ors. vs. gurdev singh (1991) 4 scc 1), (ii) ..... consider whether aaifr has the jurisdiction to adjudicate upon the validity of action under the provisions of securitization and reconstruction of financial assets and enforcement of security interest act, 2002 (sarfaesi act). the division bench, in the said case observed as follows: .. in our opinion, therefore, the aaifr was perfectly justified in taking the view that .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Feb-21-2014
..... from the pcc and not de hors the same. in para 12 of the judgment, the court observed that the negotiable instruments act, 1881, indian contract act, sale of goods act and transfer of property act were brought into effect in goa from 1st december, 1965. hence, these legislations came to be made applicable to the state of ..... pcc dealing with limitation was local law within the meaning of section 29(2) of the limitation act, 1963. this provision would have to be read into the limitation act, 1963 as if the schedule to the limitation act was amended mutatis mutandis and no question of repugancy arose. 12. this judgment has been followed in the ..... december, 1961 would continue to be in force until amended or repealed by a competent legislation or other competent authority. the pcc and the portuguese civil procedure code which dealt, inter alia, with the matters of limitation have not been repealed at any time even after the limitation act, 1963 was enacted. no notification under section 6 of .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-10-2014
..... after giving him or them, ten days notice of such hearing ordinarily.? 137. powers of controller generally.-any document for the amendment of which no special provision is made in the act may be amended and any irregularity in procedure which in the opinion of the controller may be obviated without detriment to the interests of any person ..... the controller under rules 129 and 137 which read as under:- 129. exercise of discretionary power by the controller.- before exercising any discretionary power under the act or these rules which is likely to affect an applicant for a patent or a party to a proceeding adversely, the controller shall give such applicant or ..... it is submitted that the petitioners have an efficacious alternative remedy of approaching the appellate tribunal. it is submitted that any order passed under section 60 of the act is appealable. it is submitted that on this ground alone, petition may be dismissed. 19. on the other hand, mr. virendra tulzapurkar, the learned senior .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-11-2014
..... mr.muchhala's submission is that since the appellant is domiciled in the united states outside the indian territory at all material times has not married under the hindu rites he is not subject to the provisions of the hindu marriage act. 29. having considered the rival contentions in our view the following questions arise : firstly, ..... heard and disposed of by the court as expeditiously as possible and shall not in any case be adjourned to the hearing of the suit." this maharashtra amendment requires the court to determine at the hearing of any application for the interim relief, the issue as to jurisdiction of court as a preliminary issue ..... the propositus immediately he abandons his domicile of choice. these principles are culled out from the various judgments of the supreme court, high courts and also the indian and english private international law. these principles are of great relevance in the matter concerning domicile of choice. thus, keeping these principles in view, we proceed .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-05-2014
..... of india and the various state governments and very opinion of the law ministry. it has also made reference to the bombay sales tax (amendment) act, 1987 and directs that where amendments are made in the sales tax laws on the lines indicated in the circular, the statutory liability shall be treated to have been discharged for ..... 2003-04, the same was allowed as a deduction. the maharashtra government by way of maharashtra tax laws (levy and amendment) act, 2002 inserted the proviso to section 38 of the bombay sales tax act, 1959 which came into effect from 1.5.2002. the proviso provided that notwithstanding anything to the contrary contained in the ..... it has, therefore, been represented that, as such conversion of the sales-tax liability into loans have similar statutory effect as can be achieved through amendments of the sales-tax act, the amounts covered under the scheme should be allowed as deduction for the previous year in which the conversion has been permitted by the state governments .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-14-2014
..... single entity, which is newly constructed, reconstructed, improved or repaired as the case may be, after the commencement of the bombay motor vehicles tax (amendment)act, 1987, at the expense of the state government or at the expense of any person or body or association of individuals whether incorporated or not at ..... the parties like irb and equally the state and local authority to collect toll. in that regard, he placed reliance upon section 5 of (the indian) tolls act, 1851. mr. dwarkadas submits that there was absolutely no justification for staying the collection of toll. this was only because of political pressure and ..... given to the public on these committees and it is by appointing senior officials, independent experts from reputed engineering and technology institutes such as iit (indian institute of technology) and veer jeejeebhoy technical institute. even the elected representatives can involve themselves by forwarding to the implementing agencies and authorities the complaints .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-20-2014
..... has clarified that the case was considered under the unamended provision and the supreme court had not considered the effect of insertion of clause (b) in section 28 by amendment act 1 of 1997. 32. mr. kamdar drew my attention to the judgment in the case of official liquidator vs. dayanand (2008) 10 scc 1 about the judicial ..... may be sound in theory but, in practice it causes serious hardship and might even be abused. 2. it is felt that section 28 of the indian contract act, 1872 should be amended as it harms the interests of the consumer dealing with big corporations and causes serious hardship to those who are economically disadvantaged. 3. the bill seeks to ..... law. the sor runs thus: statement of objects and reasons the law commission of india has recommended in its 97th report that section 28 of the indian contract act, 1872 may be amended so that the anomalous situation created by the existing section may be rectified. it has been held by the courts that the said section 28 shall .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-09-2014
..... copy thereof: provided that, in case of such instruments executed on or after the 4th july, 1980, to the date of commencement of the bombay stamp (amendment) act, 1985, an extract of the instrument to be taken from the registration record shall be deemed to be the true copy accompanying the instrument, presented for ..... : provided further that, in respect of references pending with the collector of the, district, before the commencement of the maharashtra tax laws (levy second amendment and validation) act, 1996, for determination of true market value of the immovable property which is the subject matter of the instrument, the person liable to pay the ..... of such property: provided that, in respect of the instrument presented for registration before the date of commencement of the maharashtra tax laws (levy, second amendment and validation) act, 1996 where, in the opinion of the registering officer, the true market value of the immovable property, which is the subject matter of the said .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-20-2014
..... has placed on record a letter dated 28th february 2014 addressed to him by the state government which records that the state government proposes to make necessary amendments to the impugned government resolution dated 30th november 2011 with a view to make the process fair and transparent. the letter records the proposed modifications and ..... decision has recognized that the government, in a welfare state, is in a position of distributing largesse in a large measure and in doing so the government cannot act at its pleasure. this court perusing the new jurisprudential theory of professor reich in his article on the new property? accepted the following dictum contained therein: ..... of largesse by the state or its agencies/instrumentalities by treating the exercise as a private venture is liable to be treated as arbitrary, discriminatory and an act of favouritism and/or nepotism violating the soul of the equality clause embodied in article 14 of the constitution. 67. this, however, does not mean .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-13-2014
..... 5.08.2008 notification was issued proposing modifications to the reservation of railway reservation to dp road reservation and objections and suggestions were invited to the said amendment. 9. on 23.11.2009/24.12.2009, the petitioners' architect, space age consultant made an application to mumbai municipal corporation to allow residential ..... 2014) 2 scc 491), dealt with mrtp act, dc regulations, referring to permission and change of land use. it is observed that the mrtp act being an act to provide for planned development, the provisions of the dcrs will have to be read purposively and harmoniously, and not disjunctively.?. the plain reading of the ..... application for permission shall have due regard to the provisions of any draft or final plan [or proposal] [published by means of notice] [submitted] or sanctioned under this act. regulation 2 (7) of dc regulations defines amenity?. it reads thus: amenity? means roads, streets, open spaces, parks, recreational grounds, play grounds, gardens, .....
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