Court : Mumbai
Decided on : Apr-03-2014
..... to grant leave. 27. as noted earlier, the respondent filed application under section 24 of the maharashtra rent act. the preamble of the act reads as under: whereas it is expedient to unify, consolidate and amend the laws prevailing in the different parts of the state relating to the control of rents and repairs of certain ..... licensees of premises given on licence for residence. a special procedure laid down under chapter viii governs the application made under section 24 of the said act. the said act contemplates a summary disposal of the applications. by the very nature of the proceedings as reflected from the aforesaid statutory provisions, the jurisdiction of competent authority ..... the licence so created by respondents no. 4 and 5 in favour of petitioners cannot be revoked in view of section 60 (b) of the indian easements act, 1882 (for short 'easements act'). this is also a substantial defence to the application filed by respondents no. 4 and 5 under section 24 of the maharashtra rent .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-03-2014
..... . pande, ex head master of bansidhar agarwal school was not connected with the management. the management had filed a copy of schedule iii maintained under bombay public trusts act, 1950 as regards the amendment on the constitution of trust which permitted the trust board of the management to nominate or appoint an employee or a person not related to the trust or ..... nominates a person not related to trust or institution for any administrative work or investigation or any committee including enquiry committee formed under the government act or the rules. it was submitted that pursuant to this amendment, a resolution has been passed appointing mr.pande as a member in the enquiry committee. as far as the matters of internal administration are concerned .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-04-2014
..... include `ezhuvas' and `thiyyas' known as `thandan' and assuming that the two were different at all relevant points of time, the fact that the position was not clear till the amendment act of 2007 made a clear distinction between the two would entitle all those appointed to serve the state upto the date of the ..... amending act came into force to continue in service. 33 .. 34. in the result these appeals fail and are, hereby, dismissed. we, however, make it clear that while the benefit granted to ..... against vacancies reserved for the scheduled tribes on the basis of scheduled tribe certificates, issued to them by the competent authority, under the constitution (scheduled tribes) order, 1950 (as amended from time to time) relating to the state of maharashtra and whose appointments had become final on or before 28.11.2000, shall not be affected. however, they shall not .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-07-2014
..... the profits of those businesses were not payable by the present plaintiffs. the second question was whether the suit as such was barred by section 67 of the indian income tax act. the learned judge answered both these questions against the appellants. hence this appeal. 4. on the second point, the statute itself is very clear. section 67 ..... that the scope of section 293 of the act has been widened and improved and it is not merely confined to set aside or modify the order. it ..... commissioner of income tax vs. parmeshwari devi (supra) has considered the amendment to section 293 of the income tax act 1961 by which the word 'assessment' was omitted and the words proceeding taken? were inserted in its place. supreme court has held that the said amendment made to the section is more comprehensive in nature. it is held .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-07-2014
..... the profits of those businesses were not payable by the present plaintiffs. the second question was whether the suit as such was barred by section 67 of the indian income tax act. the learned judge answered both these questions against the appellants. hence this appeal. 4. on the second point, the statute itself is very clear. section 67 ..... that the scope of section 293 of the act has been widened and improved and it is not merely confined to set aside or modify the order. it ..... commissioner of income tax vs. parmeshwari devi (supra) has considered the amendment to section 293 of the income tax act 1961 by which the word 'assessment' was omitted and the words proceeding taken? were inserted in its place. supreme court has held that the said amendment made to the section is more comprehensive in nature. it is held .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-07-2014
..... these two factors: (a) it must examination-in-chief; and (b) it must be an affidavit. this means that it must conform to the requires of the indian evidence act, and to the provisions of cpc order 19, rule 3. a document that does not is, therefore, neither an affidavit nor examination-in-chief for the purposes of ..... an application for striking out portions of the plaintiff's affidavit in lieu of examination in chief. that application was accepted. the plaintiff then moved an application for amendment. that application too was dismissed. the high court refused to stay the operations of its orders. the only question before the supreme court was whether the high court ..... by the bombay high court and later by the supreme court on appeal. the supreme courts stress was on the mischief sought to be avoided by the 2002 amendment to the cpc, viz., continued delay in completing trials. this is apparent from the emphasised portion of paragraph 32 that i have quoted earlier. harakchandgulabchand was a .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-07-2014
..... these two factors: (a) it must examination-in-chief; and (b) it must be an affidavit. this means that it must conform to the requires of the indian evidence act, and to the provisions of cpc order 19, rule 3. a document that does not is, therefore, neither an affidavit nor examination-in-chief for the purposes of ..... an application for striking out portions of the plaintiff's affidavit in lieu of examination in chief. that application was accepted. the plaintiff then moved an application for amendment. that application too was dismissed. the high court refused to stay the operations of its orders. the only question before the supreme court was whether the high court ..... by the bombay high court and later by the supreme court on appeal. the supreme courts stress was on the mischief sought to be avoided by the 2002 amendment to the cpc, viz., continued delay in completing trials. this is apparent from the emphasised portion of paragraph 32 that i have quoted earlier. harakchandgulabchand was a .....
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 .....
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 : Apr-08-2014
..... , so far as applicable, shall apply to all proceedings under the companies act. the provisions relating to amendments of pleadings would, therefore, apply to amendment of pleadings under the companies act. there is no bar to an amendment which incorporates subsequent events if the amendment is otherwise necessary for proper determination of issue between the parties. in the ..... to the cash requirements of the company, as may be resolved by the board, the company can call upon the founding shareholder, the strategic investor and the indian investor, from time to time, for an agreed infusion of capital of up to rs.4,670,000,000 (rupees four billion six hundred and seventy ..... mr. madon stated that only two companies had been held to be guilty of a fraud and that in the other companies which continue to function the indian shareholders had exited. even ignoring mr. madon's contentions it would make no difference. the factors relevant to the financial and commercial viability of the companies .....
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