Court : Mumbai
Reported in : 1998(2)ALLMR755; 1998(5)BomCR312; 1998(1)MhLj751
..... full amount of a judgment unless protected by the statutory provisions for the limitation of liability.' in paragraph 47 it is observed as under :'the foundation of an action in rem, which is a peculiarity of the anglo-american law, arises from a maritime lien or claim imposing a personal ..... shri venkateshwaran learned counsel for the interveners.8. shri venkateshwaran learned counsel for the interveners supported the appellants. shri venkateshwaran pointed out that till about 1993, the high court of bombay did not arrest the sister ship in admiralty jurisdiction. thereafter there have been several contradictory orders under some arrest ..... questions concerning arrest of foreign ships forenforcement of claims against the shipowner as a transporter of goods, which in england are regulated by the supreme court act, 1981, are in many respects left unregulated by indian legislation. while the provisions of various international conventions concerning arrest of ships, civil and penal jurisdiction .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(3)ALLMR403; 1998(3)BomCR540
..... taw. in the case before their lordships, the managing agency agreement was in question and no doubt, it formed the very basis of the suit. it being thus foundation of the suit, its interpretation was held to be a question of law. this decision is cited in support of the submission that according to the defendants, ultimately ..... not a question before me, it need not detain me any further.30. the matter in national insurance company ltd. v. state bank of india and others : (1993)2scc673 related to a truck purchased under a hire purchase agreement. the bank had filed a suit against the purchaser and two guarantors and during the trial, the truck burnt ..... in the process, he has completely ignored the evidence led by the defendants. the learned district judge, accordingly, has concentrated on sections 101 to 104 of the evidence act and confused the requirement of burden of proof, forgetting that this being a civil trial. when both the parties have led evidence, the question as to who began the .....
Tag this Judgment!Court : Mumbai
Reported in : [1998]234ITR155(Bom)
..... . with a view to extending the benefit of exemption under this clause to authorities established under the central and state acts and to local authorities it was again substituted by the finance act, 1993, by the following with effect from april 1, 1993 :'(10c) any amount received by an employee of -- (i) a public sector company ; or(ii) any ..... to extend the benefit of this clause also to the employees of companies other than public sector companies, this clause was substituted by the finance act, 1992, with effect from april 1, 1993, by the following : '(10c) any amount received by an employee of a public sector company or of any other company at the time of ..... once the impugned provision contained in the newly inserted clause (10c) of section 10 of the income-tax act, 1961, is viewed in the above perspective, keeping in mind the true object of the provision, there is no foundation for the argument that it is either discriminatory or arbitrary. there is a definite purpose for its enactment .....
Tag this Judgment!Court : Mumbai
Reported in : (1998)149CTR(Bom)480
..... .'with a view to extenring the benefit of exemption under this clause to authorities established under the central and state acts and to local authorities it was again substiti,ted by the finance act, 1993, by the following w.e.f. 1st april, 1993 :'(10c) : any amount received by an employee of(i) a public sector company; or(ii) any other ..... behalf.'to extend the benefit of this clause also to the employees of companies other than public sector companies, this clause was substituted by the finance act, 1992' w.e.f. 1st april, 1993, by the following :(10c) : any amount received by an employee of a public sector company or of any other company at the time of ..... observed thus :'once the impugned provision contained in the newly inserted cl. (10c) of s. 10 of the it act, 1961 is viewed in the above perspective keeping in mind the true object of the provision, there is no foundation for the argument that it is either discriminatory or arbitrary, there is a definite purpose for its enactment. one of .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(2)BomCR535
..... petitioners no. 1 to 5 are living in the area where the violations are alleged to have taken place and petitioner no. 6 goa foundation which is a society registered under the societies registration act has brought the matter before this court. the petitioners seek directions to respondent no. 1 to demolish the impugned constructions made by respondents ..... engineer and at the time of inspection the structure in question was shown by respondent no. 5 which was only a shed erected on sandy land without any foundation with support of wooden poles thatched with plam leaves roofing . there was no masonry construction at all. it was also noticed and recorded in the said memorandum ..... force of the coastal zone regulation notification and the same were merely reconstructed. however, all the documents which have been produced by him relate to the year 1993 to 1996. no document in relation to the existence of old houses has been produced except for placing reliance on the survey plan of survey no. 120/ .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(4)ALLMR31; 1998(4)BomCR381
..... the constitution. it is a necessary sine qua non of justice and where it is not provided, injustice is likely to result and undeniably every act of injustice corrodes the foundations of democracy and rule of jaw, because nothing rankles more in the human heart than a feeling of injustice and those who suffer and cannot get ..... . 33. we may also refer to the decision of the apex court in unni krishnan, j.p. and others v. state of andhra pradesh and others, : [1993]1scr594 . the apex court was called upon to consider three questions which were as under :-i) whether constitution of india guarantees a fundamental right of educationto its citizens? ..... referred to as 'perspective plan' in section 82(1)), there was only one day law college and hence, in accordance with the government resolution dated 24th september 1993 recommendation was made for grant of permission for opening an evening law college, subject to the condition that the necessary infrastructure was made available and further, that the .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(4)ALLMR606; 1999(1)BomCR848; 1999(1)MhLj635
..... between indian and foreign students is permissible.21. not only that but in case of unni krishnan, j.p. and others v. state of andhra pradesh and others, : [1993]1scr594 , it is clearly observed by the apex court that;'the citizens have a fundamental right to education. the said right flows from article 21. this right is, however, ..... is submitted that in the academic year 1992-93 indian students were charged rs. 600/- whereas the foreign students were charged rs. 1000/- towards tuition fees. in the year 1993-94 indian students were charged rs. 700/- whereas the foreign students were charged rs. 2,000/-. in the year 1994-95 it was increased to rs. 800/- and rs ..... circulars have been issued by the university grants commission. it is true that under section 4 of the act of 1987, the state is empowered to provide certain guidelines. in this context, we may mention that in case of t.m.a. pai foundation and others v. state of karnataka and others, : air1996sc2652 , it is clearly observed by the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2000)72ITD1(Mum.)
..... obtained. a clue to the sense of urgency (desperation?) is afforded by the fact that the order of the high court is dated 7th september, 1989 and the foundation stone for the babrala project was laid on 15th september, 1989 47. we are therefore not able to share the opinion of the income-tax authorities that the original ..... on these findings the business must be treated as a single business.34. the judgment of the delhi high court in cit v. modi industries (no.3) ltd. [1993] 200 itr 341 was cited and considerable reliance was placed on this decision for contending that in this case "manufacture" itself has been held to be a business activity and ..... business in cloth and also speculation business. the question was whether both the businesses constituted a single business for the purpose of section 24(2) of the income-tax act, 1922. a number of circumstances were relied upon by the tribunal in support of the finding that both the businesses were distinct and separate. the high court basically .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)BomCR293
..... 10.16, the learned author classifies them in six categories, viz., (1) improper purpose; (2) erroneous and extraneous considerations; (3) erroneous legal or factual foundation; (4) failure to consider relevant considerations; (5) inaction or delay; and (6) departure from established precedents or practice. citing the case of morrill v. jones ..... by the learned counsel that these two earlier judgments had already held a contrary view and, therefore, the judgment in writ petition no. 2087 of 1993 must be treated as per incuriam. the judgment of this court in yeshbhai v. ganpat, : air1975bom20 was cited in support, emphasising the observations in ..... government in office misuses its powers figuratively, we refer to the individual minister/council of ministers who are constituents of the government. the government acts through its bureaucrats, who shape its social, economic and administrative policies to further the social stability and progress socially, economically and politically. actions of .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(3)ALLMR275; 1999(2)BomCR766; (1999)ILLJ1330Bom
..... the administration to take appropriate decisions and such decisions shall stand unless they are vitiated either by mala fides or by extraneous considerations without any factual background foundation.'regarding the issue of personal hardship, the apex court observed that it could not go into the question of relative hardship and it would be for the ..... complaints. it is possible that these complaints may be a motive to initiate the steps for recommending the transfer of the petitioner, but these complaints cannot constitute a foundation for the impugned transfer order. in the case dipti prakash banarjee v. satvendra nath bose national centre for basic sciences, calcutta and others, : [1999]1scr532 , ..... in and will have to uphold the challenge to the transfer order.8. in the case of union of india and others v. s.l. bas : (1993)iillj626sc , the apex court held that the instructions issued by the government in the matter of transfer are guidelines and even if a transfer order is issued without .....
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