Court : Mumbai
Reported in : 1996(5)BomCR564
..... custodian had submitted that even secured creditors have now to stand in line and be paid only at the time of distributions under section 11 of the special court act. on 22nd july, 1993, this court had, after hearing all the concerned parties, passed an order in misc. application no. 96 of 1992 reported in 1994 bank.j 623, ..... in the present case notices under section 22(1) and (2) of the income tax act were already issued before the notification of 26th may, 1940. the notices were the foundation of the jurisdiction of the income tax officer. at that time the finance act of 1940 was not operative in the area in question and the governor, by his notification ..... a misunderstanding of the jurisdiction of the income tax officer and the operation of the income tax act. the income tax assessment proceedings commence with the issue of a notice. the issue or receipt of a notice is not, however, the foundation of the jurisdiction of the income tax officer to make the assessment or the liability of the .....
Tag this Judgment!Court : Mumbai
Reported in : [2002]109CompCas18(Bom)
..... regarding that is grounded on the single allegation that their father was threatened with death. when all the verbiage is cleared away, that remains as the only foundation. the rest and in particular the facts set out in paras. 8 to 12 about the ferocious appearance of firangi rai and his allegedly high handed and criminal ..... rights. these acquisitions prior to filing of the suit are not disputed or challenged in any manner whatsoever in the present suit. these prior acquisitions however give a foundation to some of the submissions of the plaintiffs with respect to the acquisitions made subsequently which are challenged in the present suit.8. disputed acquisitions : suit no. ..... 1994. similarly, defendant no. 5 was born on august 19, 1996. this being the position, how could they be acting in concert on december 14, 1993 similarly in para. 4{b), the allegation is that defendant no. 3 had acted in concert in december, 1995, with defendants nos. 1, 2 and 4 to 11. they acquired further shares in .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(1)BomCR657
..... that the order passed by the learned single judge cannot be sustained by taking recourse to section 31 of the recovery of debts due to banks and financial institutions act, 1993, and therefore the learned counsel for the defendant gave a concession that the defendant is not relying upon the submission made before the learned single judge to transfer the ..... the shares decides to proceed against the plaintiff and secured assets. the simple answer is that section 17 of the recovery of debts due to banks and financial institutions act, 1993 is not applicable, and therefore whenever the borrower desires to seek certain reliefs as against the bank as stated in the facts and circumstances of the present case, the ..... dated 31.12.1999 between the parties for settlement of the bank's dues for a sum of rs. 1.75 crores is the real bone of contention. the foundation of o. a. is contention as to how that agreement does not bind the bank. the defendant's case is that the agreement is legal and valid and as .....
Tag this Judgment!Court : Mumbai
Reported in : [2001]249ITR533(Bom)
..... their right to claim exemption vis-a-vis the dividend income as the assessees continued to hold the shares in a non-government company even after march 31, 1993. being aggrieved, the assessee carried the matter in appeal to the commissioner of income-tax who came to the conclusion that the assessee was not entitled to the ..... from shares in mafatlal industries limited and not to the entire income. therefore, income other than dividend income shall be taxed at the normal rate of taxation under the act. 8. accordingly, the above question is answered in the negative, i.e., in favour of the assessee and against the department. question no. 1 is answered in ..... common in all the above matters. the point of law is also common. according to the assessing officer, on account of violation of section 11(5) of the act, the department took the stand that the assessee forfeited its exemption under section 11 in respect of its entire income, viz., dividend income plus interest income, whereas, according .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR717; 2007(1)BomCR417
..... -secretary, who was, in fact, chairperson of the committee. in this context, reliance was placed upon section 9(3) of the maharashtra state commission for women act, 1993, which reads: 9. procedure to be regulated by commission. (1) xxxxxxxxxxxxxxxxxxxxx (2) xxxxxxxxxxxxxxxxxxxxxxxx (3). all orders and decisions of the commission shall be authenticated ..... of judicial enquiry. those can at the most be termed as inferences based on investigation and hence the report can not be treated as basis or foundation, either for holding respondents guilty of sexual harassment or for making them liable to pay compensation. otherwise also, it is said that the report ..... light of those facts and circumstances, held; that the maintainability of these proceedings and the constitutional foundation for the invocation of the jurisdiction of the court cannot be questioned. it was also observed that the foundation was right to life under article 21. shri sagar killarikar, learned counsel for the petitioners, has .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(3)MhLj881
..... or having been made, the aforesaid period expired at the commencement of the maharashtra regional town planning (amendment) act, 1993, (mah. x of 1994)] the state government may make a fresh declaration for acquiring the land under the land acquisition act, 1894, (i of 1894) in the manner provided by sub-sections (2) and (3) of this ..... under the provisions of the bombay town planning act the compensation which is payable is determined at a rate prevailing many years before the date on which the notification under section 4 of the land acquisition act is issued. the argument is based on no solid foundation. the method of determining compensation in respect of ..... lands which are subject to the town-planning scheme is prescribed in the town planning act. there is no option under that act to acquire the land either under the land acquisition act or under the town planning act. once the draft town-planning .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(3)ALLMR759; 2005(2)BomCR537
..... court found that the basic ground on which the labour court reduced the back wages based on a judgment of the high court which stood overruled and the very foundation of the conclusion of the labour court destroyed the inevitable conclusion that every time when a reinstatement is ordered, full back wages must follow.9. the reliance ..... by the petitioners on the judgment in the case of veeramani v. the management of t.n. electricity board and anr., reported at 1993(i) c.l.r. 95, is for the same purposes and there the award of labour court granting only 50% back wages and denying remaining 50% was quashed ..... prescribed after mentioning loss of employment and after considering the possibility of getting or not getting suitable employment thereafter. he, therefore, contends that the provisions of meps act are totally distinct and the rulings delivered by various courts under labour court cannot be used as precedent in the matters of school tribunal. he points out that .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2006Bom44; 2006(1)ALLMR188; 2006(1)BomCR468
..... an instrumentality of the state, it was held that employment is not a bounty from the state nor can its survival be at their mercy. income is the foundation of any fundamental rights. work is the sole source of income. the right to work becomes as much fundamental as right to life. law as a social machinery ..... dated 24-1-2003 and the powers conferred on the commission by the provisions of the protection for human rights act, 1993.we may at once consider the definition of human rights as defined under section 2(d) of the act and which reads as under:'human rights' means the rights relating to life, liberty, equality and dignity of ..... sought liberty to challenge the stand of the education officer. suppressing the said fact, the father of respondent no. 4 filed complaint before the state commission. the acting chairperson rightly held that the said matter does not fall within the jurisdiction of the commission. inspite of so holding however issued further directions for compliance. the complaint .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951
..... treated as having lapsed/abandoned/withdrawn. this principle will not apply for the following reasons.a) in fact the state has contemporaneously not acted as suggested by the petitioners and hence there is no factual foundation to this plea. the very fact that in cases decided by the division benches of the hon'ble court leaded by hon'ble ..... mind and has applied its mind while sanctioning the final revised development plan for:'t' ward vide notification no. tbp-4392/6096/ud-11 (rdp dated 15th april, 1993, 14th december, 1993 and 23rd february, 1994 which indicates that the lands in the petition of oberoi construction are designated for 'industrial' use.'n' ward vide notification nos. tpb-4392/ ..... was rejected by this court by relying on the decision of constitution bench of this court in the case of m.ramanatha pillai v. the state of kerala and anr. 1993 (2) scc 650 and state of kerala and anr. v. the gwalior rayon silk . etc. : [1974]1scr671 . this court in m/s jit ram shiv kumar (supra) .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)BomCR719
..... , therefore, the court should not interfere with the same. learned government pleader has placed reliance upon observations of the supreme court in the matter of ekta shakti foundation v. govt. of nct of delhi 2006 (6) scc 372. it is a judgment in the writ petitions challenging legality of certain terms in inviting offers ..... within the meaning of 'banking company' as defined in section 5(c) of the banking regulation act, 1949. the issue was answered in the negative and, therefore, the provisions of recovery of debts due to banks and financial institutions act 1993, were held not applicable to the recovery of dues by the cooperative from their members. we ..... government specified 'cooperative banks' as defined in clause (cci) of section 5 of the banking regulation act, 1949 (10 of 1949) as 'bank'. (this was used as a foundation to advance a proposition that the provisions of the securatization act are not available to msc bank). according to the board of liquidators, msc bank, as a creditor .....
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