Court : Mumbai Nagpur
Decided on : Oct-01-2014
..... sentence. 16. mr. khandalkar has submitted that keeping in view the object of insertion of chapter xvii to the n.i. act by the amending act i.e. banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 (66 of 1988), s.4 (w.e.f. 1.4.1989) stringent punishment must be awarded to the respondent. ..... the learned magistrate, he further submits, ought to have held that the appellant proved the service of notice with the aid of section 114 of the indian evidence act, 1872 especially when there was no evidence brought on record by the respondent showing that at that time the respondent was not residing at navargaon. in support ..... claimed . all these facts and circumstances together exhibit common course of natural events and human conduct giving rise to a presumption under section 114 of the indian evidence act, 1872 that the conduct of the respondent pointed towards nothing but receipt of notice by him. this presumption has not been rebutted by the respondent by .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Oct-01-2014
..... and shall follow such procedure as may be prescribed. 7. it must be noted that after incorporation of section 89 by virtue of amendment act of 1999, the provisions of section 16 of the court fees act, 1870 came to be amended, which reads thus: "16. refund of fee: where the court refers the parties to the suit to any one of the ..... as state of maharashtra is concerned. the matters arising in the courts in state of maharashtra shall have to be dealt with in accordance with maharashtra court fees act, 1959. the indian court fees act, 1870 is no longer applicable to the state of maharashtra. we are supported by the division bench judgment of this court in the matter of pushpabai shankerlal ..... below: 3 as we have recently observed in a similar case l.p.a. no.44 of 1968, dated 15.10.1968 (bombay), the said act has been recast in 1959 and the indian court fees act, 1870, is no longer applicable to this state. 12. in view of above, the contention raised by the petitioner in respect of applicability of .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-30-2014
..... regulations, unless specifically restricted and/or prohibited. these regulations/circulars, just cannot be used and utilized retrospectively and specifically when the parties have already acted upon the provisions prior to the amended policy and/or regulations. there is no such intimation and/or provision made to apply the same retrospectively except the option so provided. the ..... not clarificatory in nature, but decide and change substantial accrued rights of the parties. therefore, to say that it applies retrospectively, is unacceptable. the new dcr amendments/circulars and in view of specific dcr provisions, and as there is no specific clause to make it retrospective, we are inclined to observe that subject to ..... time. in compliance with regulation 58, 34576 sq. mtrs. land was surrendered to mcgm. ntc handed over advance possession of the entire land of the indian united mill nos. 2 and 3 to mcgm towards part share of rg as per the approved ids on 7 january 2009. against the surrender of .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-26-2014
..... mentioned that if such interpretation is put, the agreement would be impossible of performance and would be void on that ground under part ii of the section 56 of the indian contract act, 1872. 16. item (x) has a further proviso that if by any order or direction of the municipal corporation of greater mumbai (mmc) or any court the construction was ..... is argued that such time is not yet exhausted because the delay has been occasioned not upon the fault of the applicant but because the dc rules were to be amended and extra fsi was to be obtained. 23. of course, the agreement does not make any mention of the owners availing of any extra fsi. hence the delay would enure ..... dc rules were submitted in september, 2012. 18. noc was for fsi 2.5. thereafter in january, 2012 the dc rules came to be amended granting fsi 3. the applicant informed the private receiver, defendant no.4, by its letter dated 18th november, 2012 that it had already applied for the noc to mmc for .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-23-2014
..... consider that the just, equitable, fair and reasonable compensation has to be awarded if other conditions are satisfied for making a claim. merely because the claimant has not amended the claim at higher amount or has not claimed under any specific heads of compensation, tribunal cannot refuse to grant just, equitable, fair and reasonable compensation on such ..... of the report regarding an accident to a claims tribunal under this act, the claims tribunal may, if it thinks it necessary so to ..... rajesh and ors. (supra) read thus :- "18. prior to the amendment in 1994, it was left to the discretion of the tribunal as to whether the report be treated as an application or not. the pre-amended position under sub-section (4) of section 166 of the act, read as under: "(4) where a police officer has filed a copy .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-23-2014
..... initiate land acquisition process within a period of six months from the date of service of the notice. it is stated that section 127 was amended from 29.9.2009 and under the amended provisions it was mandatory to declare the section 126 (4) notification within a period of one year from receipt of the purchase notice. ..... thus the step towards acquisition would really commence when the state government permits the acquisition and as a result thereof publishes the declaration under section 6 of the la act." 15. in a recent decision of the supreme court in the case of shrirampur municipal council shrirampur vs. satyabhamabai bhimaji dawkher and ors. reported in (2013) ..... is deemed to have lapsed on account of inaction being taken by the respondents to commence acquisition proceedings by issuance of a section 6 notification under the land acquisition act. the petitioner rely on the decision of the supreme court in case of girnar traders vs state of maharashtra reported in (2007) 7 scc 555. 10. .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Sep-23-2014
..... 19-11-2001, such appointment could be made only for one year. it has been further held that in view of amendment to the said act in the year 2007, the circular dated 19-11-2001 did not have any legal force. on that basis, a ..... continuation of the petitioner in service after completion of one year was illegal. it was further held that in view of amendment to the provisions of said act in the year 2007, circular dated 19-11-2001 would not apply. it was, therefore, held that as the ..... could be made for a period of one year only. it was further held that in view of the amendment in the year 2007 to the said act, the circular dated 19.11.2001 would have no application and hence the petitioner's appointment was held to ..... said observations have been made only for the purposes of adjudicating the present writ petitions. parties to the appeal are at liberty to amend their pleadings in the facts of the case. the school tribunal shall endeavour to decide the appeal expeditiously. c] the petitioner .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-22-2014
..... . paragraphs 10 to 13 of the said judgment which are relevant read thus: 10. the matter once again came up before the court when by amendments introduced in the act by act no. 30 of 1995 the amount of compensation and the rate of interest were increased with effect from 15.9.1995. the question arose whether the ..... and 3 of the decision the court observed as follows:1. the neat question involved in these special leave petitions is whether the amendment of sections and of the workmen's compensation act, 1923, made by act no. 30 of 1995 with effect from 15-9-1995, enhancing the amount of compensation and rate of interest, would be attracted ..... been considered by the learned commissioner as proved and the tribunal ought to have awarded compensation after applying deductions under section 4(1)(b) of the employees compensation act, 1923 at 60% of monthly wages of the injured multiplied by relevant factor. it is submitted that though the learned commissioner applied the correct multiplicand as per .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-19-2014
..... the statute and approve and / or carry out constructions maintaining the ratio of residential housing and commercial construction as provided by the amended act being 3 per cent of the total built-up area or 5,000 sq.feet, whichever is higher (now in the post-2010 period) or 5 per cent of the ..... user does not exceed five per cent of the aggregate built-up area of the housing project or two thousand square feet whichever is lower. by the finance act, 2010, clause (d) is amended to the effect that the commercial user should not exceed three per cent of the aggregate built up area of the housing project or five thousand square feet ..... by his order dated 15th april, 2010 upheld the findings of the assessing officer. the cit (appeals) observed that the provisions of section 80-ib(10) were substantially amended by finance (no.2) act, 2004 with effect from 1st april, 2005 wherein it was provided that the built up area of the shops and other commercial establishments included in the housing project .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-17-2014
..... 656/210 taxman 72/19 taxmann.com 183 (bom.) our court has observed as under:- " . . . while a subsequent decision of a court or a legislative amendment enforced after the order of assessment may legitimately give rise to an inference of an escapement of income, before the assessing officer proceeds to reopen an assessment after the ..... petitions under article 226 of the constitution of india, challenge: (a) two separate notices dated 25th january, 2006 issued under section 148 of the income tax act, 1961 (the act), seeking to re-open the assessment for the assessment years 1998-99 and 1999-2000; and (b) two separate re-assessment orders passed on 7th march ..... assessment. thus, the notices are without jurisdiction; (b) the entire issue with regard to the petitioner's claim for deduction under section 80hhc of the act was subject of examination during scrutiny proceeding leading to the assessment orders dated 28th february, 2001 and 13th february 2002 for assessment years 1998-99 and 1999- .....
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