Court : Mumbai
Decided on : Mar-06-2014
..... the permission of the court before filing proceedings. nor do we see any reason to read such a requirement in section 13 or in any other provisions of the indian trusts act, 1882. 46. mr. chinoy's reliance upon the judgment of the supreme court in official trustee of tamil nadu vs. udavumkarankal and ors. [1993 supp. ( ..... of the mukesh mills property will be in accordance with the 1967 dc rules and the 1991/2011 crz notification, but this is not inconsistent with the amended dcr 58 under which the monitoring committee must oversee questions, among others, of surrender of land for public purposes to government agencies and authorities, the utilization and ..... corporation of greater bombay and other concerned authorities for obtaining approval of the same and to submit proposals and obtain approval from time to time for the amendments of such plans to the municipal corporation of greater bombay and other concerned authorities and to take such steps as are necessary with a view to obtain .....
Tag this Judgment!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
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 : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided on : Feb-26-2014
..... 3.2008, sub-clause (zzzp) of clause (105) of section 65 of the finance act, 1994 was specifically excluded from the definition of "output service" under cenvat credit rules, 2004. in this context, he relied upon the following decisions of the tribunal :- 1).indian acrylic ltd. vs cce chandigarh - 2012 (28) str 354 vs (tri-del.) 2 ..... 4. the learned authorized representative on behalf of the revenue submits that the commissioner (appeals) erroneously set aside the demand prior to 19.4.2006 following the amendment of explanation to rule 2(p) of cenvat credit rules, 2004. he submits that the assessee is not providing any output service of gta but they are ..... as under:- "(p). output servicemeans any taxable service, excluding the taxable service referred to in sub-clause (zzp) of clause (105) of section 65 of the finance act, provided by the provider of taxable service, to a customer, client, subscriber, policy holder or any other person, as the case may be, and the expressions 'provider' .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-11-2014
..... the case of smt. amiya balla paul v. cit [2003] 262 itr 407, ignoring the amended provisions of section 142 a in this regard which were applicable with retrospective effect?" 2. the respondent is a company incorporated under the indian companies act and was carrying on the business of manufacture of kattha. a search was made at the ..... itr (st.) 13) which has been referred to above in paragraph 61.3.2 has laid down as under (page 58): "61.3.2. the finance act, 2002, has amended section 158bb to clarify that the block assessment of undisclosed income is to be based on the evidence found in the search and material or information gathered in post ..... income, which has been discovered on the basis of post search enquiries made during the block assessment proceedings. this position, however, has changed after the amendment made by the finance act of 2002, after which the assessment of undisclosed income can be based on evidence found in search and the material or information gathered in post search .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-17-2014
..... a high court or any order passed under chapter ix of the code of criminal procedure, 1973 (2 of 1974) before the commencement of the family courts (amendment act, 1991.) (3) every appeal under the section shall be preferred within a period of thirty days from the date of the judgment or order of a family court ..... 17. it is necessary to consider the specific purpose, objects and reasons of the statute. the purpose and object of marriage laws amendment act 2003 must be taken into consideration and evidently the marriage laws amendment act was enacted in the light of the observations in paragraph 9 of savithri pandey (supra) which we have already extracted above. the ..... that such a stipulation was causing injustice as was revealed in the facts of that case. the purpose of the marriage laws amendment act, by which section 28(4) of the hindu marriage act was amended, was obviously to give a larger period of limitation for the parties aggrieved by the orders passed in matrimonial cases under the .....
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 : Sep-10-2014
..... arbitration of a person to be appointed by the exchange and arbitration shall be held under the provisions of the arbitration and conciliation act, 1996 or any reenactment, modification or amendment thereto. the arbitration proceedings shall be conducted at mumbai only. any award by the single arbitrator shall be final and binding upon ..... and that such an interpretation runs counter to the principles of the ordinary law of contract. referring to commentary in pollock and mulla on the indian contract act, the plaintiff contends that a contract implies two parties and that a contract can only be bilateral. 75. the plaintiff has further emphasized that ..... in the defendant exchange based on the representations made by the officials of the defendant and with an understanding that the defendant is duly constituted under indian laws and that the defendant is authorized to offer various types of contracts on the exchange under the supervision and control of the forward markets commission .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-10-2014
..... even conceptually is being seen in the legal horizon so far as the punishment is concerned. looking to the new enactments like pcfso act i.e. protection of children from sexual offences act and amendment to indian penal code in relation to rape which have taken place keeping in mind the rising graph of sexual offences and especially of sexual offences ..... rape on a young minor girl but also caused serious injuries to her head and thereafter throttled her. would the society not expect such depraved act to be dealt with in a stern manner? we also cannot ignore the recent amendments in the indian penal code on account of huge public hue and cry that arose on account of dastardly ..... act in the heinous and gruesome rape and murder of nirbhaya. the amendment as a matter of fact echo's the sentiments of the society at large. .....
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