Court : Mumbai
Decided on : Oct-14-2005
Reported in : 2005(6)BomCR526; (2005)107BOMLR953; 2008(232)ELT592(Bom); 2006(1)MhLj769
..... in the licence has been changed from bombay to delhi by the licensing authorities at new delhi. the petitioner has also furnished documentary evidence to show that as per the amended licence, the petitioner had effected imports and exports through the customs port situated at the igi airport, new delhi and that on fulfilment of the export obligation, the licensing ..... /-as per the oio dated 30/10/2000 within a period of 3 weeks, failing which recovery shall be initiated in terms of provisions of section 142 of the customs act, 1962. 9. by a letter dated 13/8/2003, the petitioner once again placed all the facts on record and requested for withdrawal of the notice as the liability ..... to rs.42,88,416/- with interest at the rate of 24% p.a. should not be demanded and recovered from the petitioner under section 28 of the customs act, 1962 in respect of the goods imported under the advance licence dated 16/2/1994 and cleared by availing the benefit of notification no.203/92 cus. dated 19/5 .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-14-2005
Reported in : 2006(1)MPHT454; 2006(1)MPLJ390
..... property of the family of her husband and the entire property was sold by the elder brother of sone ram.8. the revisionist also amended his reply and stated that the shop occupied earlier by m/s. western tailors has been vacated in the year 1988 and is lying vacant ..... 16-3-1996 and the present respondents were brought on record before the rca. the application for eviction was amended and need for eviction was projected for dewki bai, the daughter of bhoga bai who happened to be a widow. it was stated by ..... amendment that dewki bai was married to one sone ram and after the death of husband, dewki bai was ousted from the ..... a revision which is provided in section 23-e of the said act that, too, before this court. a proceeding before the rent controlling authority is a judicial proceeding within the meaning of sections 193 and 228 of ipc and the r.c.a. is a civil court within the meaning .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-14-2005
Reported in : (2005)107BOMLR1193
..... the matter of state of tamil nadu v. v. krishnaswami naidu and anr. reported in : 1979crilj1069 , the apex court has considered the provisions of the criminal law (amendment) act, 1952 and relevant provisions of the criminal procedure code, 1974. the apex court was required to consider this, because there was a provision that the special judge was empowered to take ..... 1973.in the facts of the present case we have narrated the sections under which the petitioners were charged. one of the sections, namely, section 255 of the indian penal code is triable by the sessions court and equally it is punishable with imprisonment for life, or imprisonment for 10 years and fine. rest of the sections ..... 419, 420, 467, 468, 471, 472, 473 and 474 of the ipc, sections 3(1)(2), 3(2), 3(4), 3(5), 4 & 24 of the maharashtra control of organised crime act, 1999 (hereinafter, in short, referred to as 'the mcoc act'), section 63(a) of the bombay stamp act and section 13(a) & 13(d) of the prevention of corruption .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-17-2005
Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)
..... the hon'ble supreme court held:'17. article 48a in part iv (directive principles) of the constitution of india, 1950 brought by the constitution (forty-second amendment) act, 1976, enjoins that 'state shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country'. article 47 further imposes the ..... the petitioners for atleast four years and/or unexplained laches for 24 months. he has given reference of various dates, as follows:12.10.2000 indian express reportannouncing new textile policy29.11.2000 public notification inviting objectionsto proposed modification of reg.58.02.12.2000 public notice in local marathi newspapersakal.03. ..... same on 2nd december, 2000 in the marathi newspaper 'sakal' and 3rd december, 2000 in the english newspaper 'indian express', the petitioners chose not to raise any objections and suggestions to the proposed amendment of 2001 nor did they challenge the same after the same was brought into force on 23rd march, 2001 .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-17-2005
Reported in : 2005(6)BomCR543; (2005)107BOMLR565
..... named after its chairman shri. d.m. sukhtankar, who was formerly a chief secretary of the state) in order to make 'recommendations for the amendment in the legal provisions which are in force regarding the repairs and reconstruction of the old and dilapidated buildings'. the sukhtankar committee submitted a report in ..... funding such repairs was consequently upheld by the supreme court. 6. the state legislature enacted the maharashtra housing and area development act, 1976 inter alia to unify, consolidate, and amend the laws relating to housing, repair and reconstruction of dangerous buildings and for carrying out improvement work in slum areas. chapter viii ..... decision making by the executive and its instrumentalities. public interest litigation is an important instrument of seeking the establishment of structural due process in the indian legal system. vii 36. the material before the court amply demonstrates that the problem of fake tenancies has assumed a serious dimension. the problem .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-17-2005
Reported in : [2006]133CompCas190(Kar); ILR2005KAR5881; 2005(6)KarLJ615; [2006]66SCL122(Kar)
..... locate and prevent spurious and tax evaded liquors to come in the market. with a view to achieve this object the government in its wisdom decided to amend the karnataka excise (sale of indian and foreign liquors) rules, 1968 (hereinafter referred to as the 'rules'), which have been framed under sub-section (1) of section 71 of ..... the year 1989-90 shall be valid until the licence is surrendered or cancelled or withdrawn under sections 29, 30 and 31 of the act and with same terms and conditions already prescribed'.3. amendment of rule 8.--in rule 8 of the said rules, for item 13, the following shall be substituted, namely.--'13. distributor licence rs ..... the karnataka excise act, 1965. rule 3 of the rules, amongst others, was amended on 13-9-1989 by the karnataka excise (sale of indian and foreign liquors) (amendment) rules, 1989. since we are concerned with this amendment the same is reproduced hereunder for facility of reference.--'2. amendment of rule 3.--in rule 3 of the .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-17-2005
Reported in : [2006(108)FLR421]; (2006)IILLJ409All
..... a settlement or award, or under an award given by an adjudicator or the state industrial tribunal appointed or constituted under this act, before the commencement of the uttar pradesh industrial disputes (amendment and miscellaneous provisions) act, 1956, the workman may, without prejudice to any other mode of recovery, make an application to the state government for the ..... actually occured. for finding out the amount of money due one would require information only on two counts, namely, the minimum wages prescribed under the minimum wages act and the number of months for which the to be reinstated employee had not been paid such minimum wages. with these two simple bits of the information ..... as argued inconsistency between it and the provisions of the u.p. act or 1947. we now merely observe here that the lapse of one year does not kill the award even though it might not remain ' in operation' after that period. the case of south indian bank ltd. v. r. chacko reported at : (1964)illj19sc and .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-18-2005
Reported in : 2006(2)AWC1642
..... what are these hours?35. the 1977 order introduced restrictions on use of electric power under clause eight. this order was issued under section 22b of the indian electricity act, 1910 (the 1910 act) as amended in our state which empowers the state government to issue such order. this restriction on use of electrical power was initially between 18.00 hours to 22.00 ..... schedule d was also deleted by up electricity (regulation of supply, distribution, consumption and use( sixth amendment) order 1984 though clause eight of the 1977 order continued to provide details of restricted hours on use of electric energy. 38. section 49 of the 1948 act empowers the board to supply electricity upon such terms and conditions as the board may deem fit .....
Tag this Judgment!Court : Kerala
Decided on : Oct-18-2005
Reported in : AIR2006Ker369
..... case. inflexible rules are not, desirable on such a question. the same principle has been incorporated by inserting the second proviso to rule 66(2) by the cpc amendment act of 1976. if the estimate made by the court is erroneous, the intending purchaser would be misled by such estimation and the likelihood of the property being sold for ..... sale its own estimate of the value of the property, but the proclamation shall include the estimate, if any, given by either or both of the parties. even before the amendment of 1976, the supreme court considered this question in gajadhar prasad v. babu bhakta ratan : [1974]1scr372 . after considering the decisions of the various high courts, the ..... at the auction for an amount of not less than rs. 4 lakhs. he relied on the decision of the madras high court in dr. a.u. natarajan v. indian bank, madras : air1981mad151 to contend that the reserve price is the same as the upset price. a division bench of this court had occasion to consider this question in .....
Tag this Judgment!Court : Kerala
Decided on : Oct-18-2005
Reported in : 2006(4)KLT882
..... particular case. inflexible rules are not desirable on such a question.the same principle has been incorporated by inserting the second proviso to rule 66(2) by the cpc amendment act of 1976. if the estimate made by the court is erroneous, the intending purchaser would be misled by such estimation and the likelihood of the property being sold for ..... sale its own estimate of the value of the property, but the proclamation shall include the estimate, if any, given by either or both of the parties.even before the amendment of 1976, the supreme court considered this question in gujadhar prasad and ors. v. babu bhakta ratan and ors. : [1974]1scr372 . after considering the decisions of the ..... auction for an amount of not less than rs. 4 lakhs. he relied on the decision of the madras high court in dr. a.u. natarajan and anr. v. indian bank, madras : air1981mad151 , to contend that the reserve price is the same as the upset price. a division bench of this court had occasion to consider this question .....
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