Judgment Search Results Home > Cases Phrase: indian tolls west bengal amendment act 1978 Court: mumbai Page 1 of about 844 results (0.120 seconds)

M/S. Win-n-quiz Company Limited Vs. the Authorized Officer, Bank of Ba ...

Court : Mumbai

..... of the west bengal (amendment) act of 1922, ..... instrument in question, ought to have been stamped under the indian stamp act, 1899 by virtue of clause (aa) of the proviso to section 3 (as amended) in relation to the state of west bengal. ..... state of west bengal by virtue of the bengal stamp (amendment) act, 1922. ..... mentioned in schedule ia as chargeable with duty under that schedule, which, not having been previously executed by any person, is executed out of [west bengal] on or after the first day of april, 1922, and relates to any property situated, or to any matter or thing done or to be done, in [west bengal ] and is received in [west bengal]:" 6 the submission that has been urged on behalf of the petitioner is that under entry 6 of schedule ia, stamp duty is liable to be ..... subject to the exemptions contained in that schedule, be the duty chargeable under this act on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefor respectively,- (aa) every instrument, mentioned in schedule ia as chargeable with duty under that schedule, which, not having been previously executed by any person, is executed in [west bengal] on or after the first day of april, 1922; and (bb) every instrument ..... the procedure prescribed under section 33 of the bombay stamp act, 1958 and the only correct order for the tribunal to pass would have been to impound the instrument and to remit it to the adjudicating authority in the state of west bengal. .....

Shalibai Vs. State of Maharashtra

Court : Mumbai

Reported in : AIR1984Bom325

..... thereafter the west bengal estates acquisition (amendment) act, 1967 (for short west bengal amendment act) act, 2967 impugned in the calcutta case was passed by which the period of 9 year was extended to 12 years ..... if, therefore, came to the conclusion that the west bengal amendment act is a law relating to acquisition is referred to in ..... any rate, it is not necessary to go into that decision because the court holds in that case, that the west bengal amending act in question in that court case is inextricably connected with the law of acquisition because the amount as well as the persons entitled thereof depend upon the entry in the record of right for revising which the period mentioned is extended by the impugned amending act. ..... the west bengal amendment act was passed with the assent of the governor and not with the assent of the president ..... the calcutta case, cited supra, the amending act, which was challenged is not having received the assent of the president , related to the west bengal estates acquisition act, 1953 (for short original west bengal act). ..... by the west bengal estates acquisition (amending) act, 1967, the period was extended to nine ..... state of west bengal : air1977cal73 to show that such an amending act is not procedural in nature but is a law dealing with or inextricably connected with the law relating to acquisition ..... the said doctrine of pith and substance has been made appliance ot the cased under the government of india act, 1935 and the indian constitution also. .....

Bamwari Lolya S/O. Radhakisan Lolya Vs. the State of Maharashtra and o ...

Court : Mumbai

Reported in : [1989(58)FLR902]; (1994)IIILLJ306Bom

..... the industrial disputes (west bengal amendment) act, 1971 was enacted on the 28th august, 1971. ..... while enacting the legislation for west bengal, government considered it desirable to promote central legislation on the subject since the problem of closure was not limited to west bengal but was found in varying degrees in other states as well ..... act by the industrial disputes (amendment) act, 1972 (act no ..... since the problem of closure had been acute in the state of west bengal, a president's act. ..... state of west bengal 1979 l1c 70 object of section 25ffa is to prevent sudden closure except in certain industries and in certain exceptional circumstances like accident, death of the employer or the like which warrant closure in that notice.3 ..... the act gives effect to the recommendation of the indian labour conference ..... 'in 1972 by insertion of section 25-ffa in chapter v-a of the act, an employer was enjoined to give notice to the government of an intended closure ..... union of india 1978 i llj 527 rendered on 29.9.1978, by which the old section 25-o of the i.d, ..... it was, however, felt that before central legislation was enacted, the matter should be considered by the indian labour conference. ..... the indian labour conference which met on the 22nd an 23rd october, 1971 generally endorsed the proposal for central legislation ..... the act also provides for closing down any undertaking without serving the requisite notice' ..... constitutional validity of sections 25ffa and 30a of the industrial disputes act, 1947 (i.d. .....

Smt. Shakuntalabai Krishna Bhoyar and ors. Vs. State of Maharashtra

Court : Mumbai

Reported in : AIR1986Bom308; 1986(3)BomCR163; 1986MhLJ669

..... . that being so, when parliament stepped in and enacted the central amendment act, it being a later law made by parliament 'with respect to the same matter', the west bengal amendment act stood impliedly repealed ..... the case now put forth by the landowners is that by the time the aforesaid first appeals were decided, the provisions of the principal act were amended by the land acquisition (amendment) act, 1984 (hereinafter referred as the 'amendment act') which was brought into force with effect from 17-9-1984. ..... . in the light of the legal position as discussed in the preceding paragraphs, we hold that non-consideration of the provisions of the amendment act constitutes an error analogous to one apparent on the face of record and we further hold that a case for review is made out in the instant case.9 ..... . union territory of chandigarh, reported in : air1985sc1576 , wherein their lordships have observed as under :--'.....thus, the amended provisions of section 23, sub-section (2) and section 28 would apply in determination of the amount of compensation where the proceedings are either pending at the date of commencement of the amending act or are filed subsequent to the date, whether before the collector or before the court or before the high court or the supreme court.... ..... 33 of 1972, by its award dated 30-11-1978, granted enhanced compensation of rs. ..... . 509 of 1978, decided on 1312-1985, the division bench of this court at aurangabad, (hon'ble mr .....

Mukund Shivaram Patil and ors. Vs. State of Maharashtra, Through Its S ...

Court : Mumbai

Reported in : 2001(4)BomCR700; (2001)4BOMLR418; 2001(4)MhLj656

..... view of this, we have no hesitation in holding that the petitioners had knowledge of the proceedings under section 35(3) of the indian forests act in 1975 and under section 22a of the amendment act of 1978 in the year 1975 itself. ..... godbole, learned counsel for the petitioners, that the petitioners have a right to file revision under sub-section (4) of section 22a of the amendment act of 1978 and the commissioner can exercise powers under section 5 of the limitation act and condone the delay on being satisfied with the cause shown by the petitioners for not preferring revision application within a period of one year from the date of the decision of the deputy collector ..... the order of the deputy collector was challenged by the petitioners in revision under section 22a(4) of the amendment act of 1978, before the additional commissioner, konkan division, bombay, which was dismissed by the judgment and order dated 25th january, 1989 solely on the ground that the same was filed beyond the period of ..... he contended that the act of 1975 is special law and since there is no provision in the said act excluding the applicability of the provisions of the limitation act, 1963, in view of section 29(2), the provisions of section 5 of the limitation act, continue to apply even to the proceedings under section 22a of the amendment act of 1978 and in view thereof, the additional commissioner ought to have condoned the delay in filing the revision application under section 22a(4) and heard the same .....

Feroz Shabbar HussaIn for Himself and as the Only Son and Legal Repres ...

Court : Mumbai

Reported in : AIR2006Bom256; 2006(3)ALLMR668; 2006(3)BomCR613; 2006(4)MhLj387

..... acquisition of his forest land under this act or that the total holding of land of such owner was already less than twelve hectares ..... notwithstanding anything contained in the foregoing provisions of this act, if, on an application made by any owner of private forest, within a period of six months from the date of commencement of the maharashtra private forests acquisition) (amendment) act, 1978, or suo motu at any time, the collector, after holding such inquiry as he deems fit, is satisfied that the total holding of land of such owner became less than twelve hectares on the appointed day on account of ..... has held that if a notice has been issued under section 35(3) of the indian forest act, 1927 in respect of any land prior to coming into force of the maharashtra private forests (acquisition) act, 1975 on 30th august, 1975 such land in respect of which a notice has been issued becomes private forest under section 2(f) of the maharashtra private forests (acquisition) act, 1975. ..... on 24th january, 1961 a notice under section 35(3) of the indian forests act was issued and the landlord was called upon to show cause as to why the land be no declared as a .....

People for Elemination of Stray Troubles by Its Convener Dr. Rosario M ...

Court : Mumbai

Reported in : 2009(1)BomCR501

..... 254(1). that being so, when parliament stepped in and enacted the central amendment act, it being a later law made by parliament, 'with respect to the same matter', the west bengal amendment act stood impliedly ..... of india, extraordinary, part ii, section 3, sub-section (i) dated november 2, 2001 and the objections and suggestions were invited and after having considered the same, in exercise of the powers conferred upon by sub-section (1)(2) of section 38 of the act of 1960, the central government made these rules and brought them into force vide notification dated 24th november, 2001.these rules are based on the guidelines formulated by the division bench of ..... the scope of the entries in the state list entrenches upon any of the entries in the central list the constitutionality of the law may be upheld by invoking the doctrine of pith and substance if on an analysis of the provisions of the act it appears that by and large the law falls within the four corners of the state list and entrenchment, if any, is purely incidental or inconsequential.(4.) where, however, a law made by the state legislature on a subject covered ..... parliament. in the present case, when the madhya pradesh act 20 of 1978 was enacted, there was no repugnancy between the madhya pradesh act 20 of 1978 and the employees' provident fund and miscellaneous provisions act of 1952 already enacted by ..... human being. this definition is pari materia with the definition of the term 'animal' under section 47 of the indian .....

Laxman Limbraj Rankhamb and ors. Etc. Vs. State of Maharashtra and ors ...

Court : Mumbai

Reported in : AIR1981Bom175a; (1981)83BOMLR166; 1981MhLJ566

..... contended that this position is made further clear by the legislature itself by omitting sub-article (4) of article 213 of the constitution of india by constitution (44th amendment) act, 1978. ..... upon the governor is subject to the conditions referred to in sub-article (2) of article 213 of the constitution which reads as under:'(2) an ordinance promulgated under this article shall have the same force and effect as an act of the legislature of the state assented to by the governor, but every such ordinance-- (a) shall be laid before the legislative assembly of the state, or where there is a legislative council in the state, before both the ..... of office of the councillors came to an end by the 1st of april, 1980 and under the second proviso to sub-section (2) of section 10 of the zilla parishad act it was not open for the government to extend the term of councillors beyond six months, and this seems to be the occasion for issuing the impugned ordinance. ..... west bengal ..... governor, it shall be void :provided that, for the purposes of the provisions of this constitution relating to the effect of an act of the legislature of a state which is repugnant to an act of parliament or an existing law with respect to a matter enumerated in the concurrent list, an ordinance promulgated under this article in pursuance of instructions from the president shall be deemed to be an act of the legislature of the state which has been reserved for the consideration of the president and assented to by him. .....

Shaliabi Vs. State of Maharashtra

Court : Mumbai

Reported in : AIR1987Bom67; 1986(3)BomCR86; (1987)89BOMLR45

..... any rate, it is not necessary to go into that decision because the court holds in that case, that the west bengal amending act in question in that case is inextricably connected with the law of acquisition because the amount as well as the persons entitled thereto depend upon the entry in the record of rights for revising which the period mentioned is extended by the impugned amending act. ..... state of west bengal, : air1977cal73 dealing with the validity of the west bengal ?estates acquisition (amendment) act, 9 of 1967, for want of president's ..... that case, mysore silkworm seed and cocoon (regulation of production, suply and distribution) (amendment) act (29 of 1969) which had not received the assent of the president fell for consideration. ..... impugned in this appeal has dealt with the above case thus:-'the amending act included in this petition is thus not within the mischief of art. ..... in the instant case, i am of the view that the amending act does not provide for any substantive basis for acquisition as such and cannot, therefore, be said to be a law inextricably connected with the law ..... in our view, however, the west bengal act ix of 1967, being inextricable linked up with the scheme of acquisition comes within the purview ..... 45(2) and its further amendments except the amending act in question, have been passed with the assent of the president, since the original provision ..... the pith and substance of the amending act is in relation to the jurisdiction and powers of authority ..... 1978 .....

In Re: Shailesh Harinarayan Bajaj Vs. Creative Outerwear Ltd.

Court : Mumbai

Reported in : 2003(6)BomCR758; 2004(1)CTLJ377(Bom); 2004(1)MhLj606

..... being so, when parliament stepped in and enacted the central amendment act, it being a later law made by parliament 'with respect to the same matter', the west bengal amendment act stood impliedly repealed. ..... be ascertained on the basis of the following three principles;(1) whether there is direct conflict between the two provisions;(2) whether parliament intended to lay down an exhaustive code in respect of the subject matter replacing the act of the state legislature; and(3) whether the law made by parliament and the law made by the state legislature occupy the same field.'in t. ..... bcr 546, in which a learned judge of this court had taken a view that after amendment by parliament to the presidency insolvency act the only grounds of challenge to a notice would be as available under section 9(5). ..... 1983crilj164 the apex court observed as under :--'the proviso to article 254(2) empowers the union parliament to repeal or amend a repugnant state law even though it has become valid by virtue of the president's assent. ..... the apex court observed after the amendment to the act being act of 1996 of civil procedure code that a decree will come into existence immediately on the pronouncement of ..... once those laws were saved the rules framed by this court before the amendment of 1978 would also be the law in force and consequently grounds other than those contained in section 9(5) would be available as for example under the rules framed by this ..... was placed on the judgment in the case of indian bank v. .....