Judgment Search Results Home > Cases Phrase: indian tolls west bengal amendment act 1978 Court: mumbai Page 8 of about 844 results (0.141 seconds)

Panduronga Timblo Industries, a Partnership Firm Duly Registered Under ...

Court : Mumbai

..... be prescribed; and any proceeding before the controller, the rent tribunal and the appellate board shall be deemed to be a judicial proceeding within the meaning of sections 193, 219 and 228 of the indian penal code, and the controller, the rent tribunal and the appellate board shall be deemed to be civil courts within the meaning of sections 480 and 482 of the code of criminal procedure, 1898.11. ..... of houses and rent control order, 1949, west bengal premises tenancy act, 1956, u.p. ..... through the scheme and the relevant provisions of the said act, rules there under, provisions of mamlatdar's court and the rules there under, learned advocate nitin sardessai for the petitioners argued that in absence of any specific provision regarding amendments to the pleadings and saving of inherent powers neither the rent controller nor the administrative tribunal could have allowed the amendments to the pleadings as proposed by the respondent/ original ..... the case of om prakash gupta (supra) which dealt with the issue of amendment of pleadings before the civil court is of little avail in answering the issue regarding the amendment of pleadings before the rent controller, which is not the civil court. ..... vide order dated 18.11.1996 was further assailed in revision petitions preferred before the administrative tribunal of goa at panaji mainly on the contention that the learned rent controller had no power to allow the amendment application as the provisions of code of civil procedure were not applicable. .....

Center of Indian Trade Unions and Another Vs. Union of India and Other ...

Court : Mumbai

Reported in : AIR1997Bom79; (1996)98BOMLR915

..... to give effect to the same, the electricity (supply) act, 1948 was amended by the electricity laws (amendment) act, 1991 to enable private parties to set up generating companies for the establishment, operation and ..... contended that no global tenders were invited and the contract was awarded to enron on extraordinary terms and having consequences of far reaching nature; that the terms were contrary to the provisions of the act; that the terms were such as would destroy the viability of existing companies like bharat heavy electricals limited and national thermal power corporation, both government of india companies, and that there was clear ..... state of west bengal, : [1987]2scr223 , this court summed up the legal propositions in regard to powers of judicial review thus:(i) it is well accepted legal position today that judicial review is not an appeal from a decision but a review of ..... to the relevant portions of the testimony and it was stated that what was referred by her was the expenditure incurred on a process which had given the indian authorities a real and concrete understanding of the kinds of legal and policy changes needed in india and which had given the indian banks a real and concrete understanding of the sound project lending practice. ..... board of trustees, : (1978)iillj161sc when any matter which might or ought to have been made a ground of defence or attack in a former proceeding but was so made, then such a matter in the eye of law, to avoid multiplicity of litigation .....

Kasturchand Fulchand and ors. Vs. Baburao Rambhau Sonar (Died Through ...

Court : Mumbai

Reported in : 2008(5)MhLj794

..... a mortgage of immovable property and has failed to redeem the mortgage within a period of limitation as provided by virtue of provisions of indian limitation act, is not entitled to claim possession or return of the immovable property mortgaged by him taking recourse to the provisions of maharashtra debt relief act inasmuch as the provisions of section 4(e) r/w section 4(c) of the said act are not applicable as the title of the mortgagor in respect of the mortgaged property stood extinguished on the expiry of the prescribed period ..... from him before the appointed day.explanation 2 - for the purposes of this section, the expression 'debt of a worker' includes a debt arising out of loans taken from more than one creditor.section 54 of the act is in respect of bar of the jurisdiction of civil court which lays down thus:except as otherwise provided by this chapter and notwithstanding anything contained in any other law, no civil court shall entertain or proceed with any ..... notwithstanding anything contained in any other law for the time being in force or in any contract or other instrument having force by virtue of any such law, and save as otherwise expressly provided in this act, every debt of a worker whose immovable property, if any, does not exceed twenty thousand rupees in market value and every debt of any other debtor, outstanding on the appointed day, including the amount of interest, ..... and : [1971]1scr275 in the matter of the state of west bengal v. ..... reported in 1978 mh.l.j. .....

Unit Trust of India, Mumbai and anr. Vs. P.K. Unny and ors.

Court : Mumbai

Reported in : 2001(3)BomCR673; 2002(1)MhLj301

..... section 2(7a) of the income tax act came to be amended by direct tax laws (amendment) act, 1987 by which the name of the various authorities under the act came to be changed. ..... computing the chargeable interest of a previous year, the amount of interest which accrues or arises to the assessee [before the 1st day of august, 1974, or] [during the period commencing on the 1st day of march 1978, and ending with the 30th day of june, 1980,] [or [during the period commencing on the 1st day of april 1985 and ending with the 30th day of september 1991]] shall not be taken into account. ..... commissioner of agricultural income tax, west bengal, reported in : [1962] ..... court held that the decision of the bombay bench was based on the material placed before it regarding the constitution of rss, affidavit of parties and the central board of direct taxes' letter dated 19-12-1978 and on that basis the bombay bench had concluded that gurudakshina was not assessable to tax. ..... bombay bench had categorically come to the conclusion that in view of the letter of cbdt dated 19th december 1978, it was not permissible for the revenue to contend that gurudakshina was liable to income tax. ..... high court confirmedthe view of the tribunal and held that in view of communication dated 19-12-1978, the decision of the appellate tribunal was justified. ..... patna high court took the view that gurudakshina received from members was exempt from tax; that the relief given by the letter dated 19-12-1978 should be given effect to. .....

Maharaja Developers and anr. Vs. Udaysingh Pratapsinghrao Bhonsle and ...

Court : Mumbai

Reported in : 2007CriLJ2207

..... bejoy kumar bose : 1978crilj138 (cited supra) the question that fell for decision related to the cognizance of the offences by the special judge under the west bengal criminal law amendment (special courts) act. ..... air 1983 sc 30, it is held as under (para 2):section 4(2) of the code of criminal procedure provides that all offences under any law other than the indian penal code shall be investigated, inquired into, tried and 'otherwise dealt with according to the provisions contained in the code of criminal procedure, but subject to any enactment for the time being in force regulating the ..... it is clear from this provision that in so far as the offences under laws other than the indian penal code are concerned, the provisions of the code of criminal procedure apply in their full force subject to any specific or contrary provision made by the law under which the offence is investigated or tried.ii) in n. ..... trial of offences under the indian penal code and other laws--(1) all offences under the indian penal code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained. ..... act is concerned such complaint shall be made within one month of the cause of action.the third is this : under article 511 of the first schedule of the code, if the offence is punishable with imprisonment for less than 3 years or with fine only under any enactment (other than indian penal code) such offence can be tried by any magistrate. .....

M.A. Rangaswami and ors. Vs. AmIn Chand Payarelal Firm, Bombay

Court : Mumbai

Reported in : AIR1979Bom130; (1978)80BOMLR250

..... time of the enactment of the imports and exports (control) amendment act. ..... with a view to removing these lacunae from the law, the president has promulgated the imports and exports (control) amendment ordinance, 1975, to provide for the entry, inspection and search of premises in which imported goods or materials are suspected ..... the exemptions available for clearance of one dog, a pet animal and birds, and it was urged that the expression 'prohibition' occurring in section 111(d) of the customs act, 1962, must be considered as a total prohibition and such expression would not bring within its fold the restriction imposed by clause 3 of the imports (control) order 1955. ..... page 214 of the gazette of of india extraordinary, part ii, section 2, 1976, which reads as follows:'the provisions of the imports and exports (control) act, 1947, and the orders made thereunder were enforced either by the prosecution of the offender or by debarment of the offender from receiving import and export facilities ..... be liable to confiscation;-- xxx xxx xxx (d) any goods which are imported or attempted to be imported or are brought within the indian customs waters for the purpose of being imported, contrary to any prohibition imposed by or under this act or any other law for the time being in force; xxx xxx xxx' (underlining supplied). 11. ..... , as the appeal has been allowed, the respondents (original petitioners) will refund to the appellants the amounts withdrawn, if at all, on or before 27th march 1978. mr. .....

Jeroo Dastur and 12 ors. Vs. Union of India (Uoi) Acting Through Asstt ...

Court : Mumbai

Reported in : 2008(1)BomCR36; (2007)109BOMLR2285; (2008)IILLJ358Bom; 2008(1)MhLj654

..... state of haryana 1997 (6) slr 1 22 section 2(a) was inserted in this act by amendment act 35 of 1965 which was effective from 1.12.1965 with a clear legislative mandate to enable an individual workman to raise an industrial dispute in relation to and in the event he had been discharged, dismissed, retrenched or his ..... 11(a) was incorporated in the act by section 3 of the industrial disputes amendment act, 1971 with effect from ..... other words, if any industrial worker or union or any other person on behalf of the worker does not apply to the appropriate government for reference of an industrial dispute under section 10(1) of the act to the labour court or the tribunal for a period of five years and tenders no explanation for the delay beyond five years, this delay beyond the period of five years shall be taken as ..... no doubt it will be open to a party seeking to impugn the resulting award to show that what was referred by the government was not an industrial dispute within the meaning of the act, and that, therefore, the tribunal had no jurisdiction to make the award.the above enunciated principles of law, clearly show that the exercise of jurisdiction by the appropriate government within the ambit and ..... the acts of the bank management tantamount to extortion within the meaning of the term 'extortion under section 384 of the indian ..... bank of baroda : (1978)illj484sc the supreme court held as under:the act nowhere contemplates that the dispute would come into existence in any particular .....

Britannia Industries Ltd. A company registered under the Companies Act ...

Court : Mumbai

Reported in : 2009(3)BomCR562; (2009)IIILLJ275Bom

..... . reference was also made to the amendment by the state of maharashtra to the provisions of section 25-o by maharashtra amendment act 3 of 1982 ..... . in orissa textile mills & steel limited's case (supra), the supreme court referred to section 25-o of the act and proceeded to hold that the amended provision of section 25-o is very different from the unamended section 25-o and it is more akin to section 25n, the constitutional validity of which had already been upheld in meenakshi mills' case (supra) ..... . strictly in law it is an offer made by the government to the land owners which they may accept or may prefer an application for enhancement under section 18 of the land acquisition act where the award and the proceedings before the collector are treated as relevant piece of evidence to be considered by the reference court and though the court does not examine legality or validity of an award, the award ..... . a similar view was also expressed by the supreme court in the case of workmen of the indian leaf tobacco development company ltd ..... . : (1978)iillj527sc , where the constitutionality of this provision was challenged on various grounds including that the provision does not require giving of reasons in the order, no time limits were prescribed, public interest was not taken ..... : [1978]2scr405 , the supreme court observed that the specific directions suspending the judgment and order under appeal, read in its plenitude, also suspends the finding of corrupt practice. .....

Spacewood Furnishers Pvt. Ltd. Vs. Designated Authority and ors.

Court : Mumbai

Reported in : (2010)112BOMLR2045,2010(176)LC1(Bombay)

..... it is necessary to turn to the provisions of article 323b inserted by the constitution (42nd amendment) act, 1976 which clearly contemplate constitution of a tribunal of the nature mentioned therein. ..... by notification dated 16-7-1999 the then president of the tribunal (then known as the customs, excise and gold (control) appellate tribunal) in exercise of the powers conferred by section 129(5) of the customs act, 1962 delegated his power and functions qua president in his absence, whether on leave or otherwise to the senior most vice president to perform such of the functions of the president as might be necessary for the ..... 3 raised a preliminary objection to the maintainability of the petition contending that alternate remedy under section 9-c of the customs tariff act, 1975 (as amended)is available to the petitioners against the final notification imposing anti-dumping duty as also to challenge the validity of the rules as such, this writ petition should not be entertained in exercise of powers under article ..... on the above legal backdrop, no power, prima facie, appears to have been conferred on the appellate tribunal established under section 129 of the customs act to decide validity of rules, as such petition in hand to the extent it raises question relating to the validity of rules will have to be entertained to examine the merits of the challenges set up ..... to place reliance on another judgment of the apex court in the case of assistant collector of central excise, west bengal v. .....

T.U. Khatri, Residing at 2/5 Yeshwant Nagar, Goregaon (West) Bombay-40 ...

Court : Mumbai

Reported in : AIR2002Bom268; 2002(3)ALLMR27; 2002(4)BomCR733; (2002)3BOMLR847

..... memberswho were practising as advocates shouldbe excluded from obtaining certificate ofpractice as company secretaries likechartered accountants or cost accountantswho had already been excluded earlier; (c) after the amendments incorporated in thecompanies act, 1956 vide the companies (amendment) act, 1988, some fields ofactivities/areas had been carved out fora company secretary in whole timepractice and as such the work andresponsibility of a company secretary inpractice ..... section (2) acompany having a share capital, whetheror not it has issued a prospectusinviting the public to subscribe for itsshares, shall not at any time commenceany business-(a) if such company is a company inexistence immediately before thecommencement of the companies (amendment) act, 1965, in relation toany of the objects stated in itsmemorandum in pursuance of clause(c) of sub-section (1) of section13; (b) if such company is a company formedafter such commencement, in relationto any of the objects stated in itsmemorandum ..... accordingto council the said reasons are :-(a) some of the powers which were previouslywith the high court under the companiesact, 1956 were transferred in pursuanceto the companies ( amendment) act, 1988to the company law board where theappearance by the advocates was notnecessary and even ordinary memberholding certificate of practice ascompany secretary could appear; (b) to provide more ..... passed the examination ofcompany secretary in december, 1978 and accordingto him in or around 1979 .....