Judgment Search Results Home > Cases Phrase: kerala civil courts act 1957 1 Court: mumbai Page 14 of about 8,538 results (0.131 seconds)

ismail Shaikh Ali Vs. State of Maharashtra and Others

Court : Mumbai

Reported in : 1998(5)BomCR671; (1998)2BOMLR719; 1998(2)MhLj727

..... under section 7(1)(b) was issued on 7-6-1997.it has also been averred in the said paragraph that the detenue was not found at his purported place of residence when the customs authorities of kerala visited the said place and had concealed himself.it has been stated that in the said circumstances there is no unexplained delay in the execution of the detention order.regarding the application for extension ..... obtainedthrough an agent in bombay: (iii) that the address given in the passport was not correct; (iv) that his agent had arranged his ticket to dubai; (v) that he had come to bombay from kerala with the intention to go to dubai and to bring therefrom imported goods, including watches, and sell them in crawford market and earn profit; (vi) that on 17-4-1996 he had gone to dubai by ..... the delay in the execution of the detention order is long but if the detaining authority explains it and satisfies the court that it resorted to the most effective methods enjoined by law to serve the detention order, like cancellation of detenue's bail and prompt action under section 7 of the cofeposa act, but still the order could not be executed on account of circumstances beyond its control, such as the detenue ..... at which time the offending seizure was made; (vii) that his actual name is mohammed sayed and his permanent address iskunnila padappu house, kanhangad taluka, kanoor district, kerala; and (viii) that he had travelled to dubai five times in the past but had neverbrought such goods before. .....

Mohd. Javed Siddiqui Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 1999CriLJ379

..... respondents were really sincere and anxious to serve the order of detention without any delay, it was expected of them in the fitness of things, to approach the high court or at least the court which initially granted the bail for its cancellation, as according to their own showing, the petitioner had violated the conditions imposed and thereby enforce his appearance or production as ..... authority, the detaining authority has arrived at a conclusion that the detenu has been engaged in unauthorised transactions in violation of the provisions of the foreign exchange regulation act, 1973 since he was aware that adjudication proceedings and prosecution proceedings under the fera, 1973 are likely to be initiated against the detenu in due course by the ..... a perusal of para 9 of his return shows that the letters sent by additional chief secretary, government of kerala, dated 17-12-1996 and 21 -1 -1997 to the superintendent of police kozikode (rural) with instructions to serve the ..... placed the following explanations before this court which has been stated as under:-i say that the government of india passed the detention order under cofeposa act, 1874 vide d.o. no. f. no ..... para 9 of the said return that the government of maharashtra called for information about the efforts made by the kerala government to apprehend the detenu and copy of the said letter was sent to the assistant commissioner of customs (p) mumbai requesting therein to send proposal under section 7(a)(b) of the cofeposa act.12. .....

Pant Nagar Mahatma Phule Co-op Hsg. Society Ltd. and Others Vs. Mahara ...

Court : Mumbai

..... - save as otherwise expressly provided in this act, no civil court shall have jurisdiction in respect of any matter which the authority or the tribunal is empowered by or under this act, to determine, and no injunction or stay shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred or duty imposed by or under this act. ..... - save as otherwise expressly provided in this act, no civil court shall have jurisdiction in respect of any matter which the [administrator, competent authority] [appellate authority, competent authority, grievance redressal committee] or tribunal is empowered by or under this act, to determine; and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act. ..... the bombay city civil court had, pursuant to the directions given by this court in the appeal from order no.819 of 2011, framed following four preliminary issues under section 9a cpc:- 1) whether this court has jurisdiction to try and entertain the suit in view of section 42 of the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971? ..... section 42 of the slum act, expressly bars jurisdiction of the civil court in respect of any matter which the competent authority under the slum act is empowered to determine. .....

State Bank of India and Others Vs. State of Maharashtra, through the S ...

Court : Mumbai

..... the proper duty there-for respectively, that is to say- (a) every instrument mentioned in schedule 1, which not having been previously executed by any person, is executed in the state on or after the date of commencement of this act; (b) every instrument mentioned in schedule 1, which not having been previously executed by any person is executed out of the state on or after the said date, relates to any property situate, or to any matter or thing ..... on the banks and financial institutions to impound on or before 30th september, 2013 such instrument which are executed prior to the commencement of the date of maharashtra tax law (levy and amendment) act 2013 (maharashtra act viii of 2013) in which proper stamp duty is not paid and to forward it to the collector for recovery and on failure to do so, the concerned banks and financial institutions shall be ..... (f) in the case of an instrument of partition by the parties thereto in proportion to their respective shares in the whole property partitioned, or, when the partition is made in execution of an order passed by a revenue authority or civil court or arbitrator, in such proportion, as such authority, court or arbitrator directs; (f-a) in case of instruments of works contract as provided in article 63 of schedule i, by the person receiving the contract. ..... section 83 of kerala land reforms act, the hon'ble court held as under ..... usefully be made to the judgment of the mysore high court reported in air 1957-, mysore, 72 abdul khader vs ..... .....

Sujala Yeshwant Nitsure and ors. Vs. the Municipal Corporation of City ...

Court : Mumbai

Reported in : 1996(2)BomCR503

..... the said decision that suit in civil court will always lie to question the order of the tribunal created by a statute, even if it's order is , expressly or by necessary implication, made final if the said tribunal abuses its power or does not act under the act, but in violation of its provisions ..... exclusion of jurisdiction of civil court were laid down by the apex court and the same are:'(1) where the statute gives a finality to the orders of the special tribunals the civil court's jurisdiction must be held to be excluded if there is adequate remedy to do what the civil court would normally do, in ..... bar of the jurisdiction of the court, an examination of the scheme of the particular act to find the adequacy or the sufficiency of the remedies provided may be relevant but is not decisive to sustain the jurisdiction of the civil court. ..... statute seeks to expressly bar the jurisdiction of the civil court, such bar must be clear and legislature's intendment must ..... to this would resolve the controversy whether the civil court will have jurisdiction to entertain the plaintiffs' suit ..... section 9 of the code of civil procedure gives the general power to the civil court to try all suits of civil nature excepting suits of which cognizance has ..... or liability and further lays down that all questions about the said right and liability shall be determined by the tribunals so constituted, and whether remedies normally associated with actions in civil courts are prescribed by the said statute or not. .....

Fardeen Feroz Khan Vs. Union of India (Uoi), at the Instance of Narcot ...

Court : Mumbai

Reported in : (2007)109BOMLR358; 2007CriLJ1758

..... , 1736 and 1787 of 2003, similar pleas were rejected in the following wordswhether a person is entitled to the immunity provided in section 64a of the act, being a person undergoing treatment for de-addiction, is a matter to be specifically urged and proved by production of sufficient evidence by the person concerned. ..... of 2006 in the honble special court praying for amendment of the complaint, to specify the quantity involved in the allegation against him in order that he could prepare an appropriate legal defence within the context of the provisions of ndps act as amended by act 9 of 2001 ('the 2001 act'). ..... cocaine which is a condition precedent for claiming immunity by accused under section 64a of the act, and therefore prayed that as the basic requirements of such application are not fulfilled, the application is liable to be ..... is in these circumstances, that i do not feel that it is necessary to enter into any larger controversy and the ambit and scope of the provision empowering the court to grant immunity, assuming that the court can grant the same at this stage. ..... tulsi relied upon several decisions rendered and delivered by courts abroad but on a perusal of the same it appears that protection and immunity was given to addicts. ..... learned senior counsel appearing for the applicant, submits that, the judgment and order of the court below is patently erroneous and unsustainable in law and perverse. ..... in 2004 (3) kerala law times pg.270 (shaji ..... kerala state) bail application .....

Hindustan Lever Ltd. Vs. Commissioner of Income-tax, Bombay City-i

Court : Mumbai

Reported in : (1979)12CTR(Bom)55; [1980]121ITR951(Bom); [1980]3TAXMAN390(Bom)

..... gains on such exports, the amount of qualifying income shall be taken as the excess of the amount of the profits and gains so ascertained in accordance with the provisions of the income-tax act, 1961 (xliii of 1961) (hereinafter referred to as the act), and included in the total income over the aggregate of the amount of any portion thereof on which income-tax or super-tax is not payable and the amount in respect of which a ..... [1968]69itr62(ker) , there were two direct decisions, on the point under consideration, of the kerala and madras high courts respectively; but it was mentioned that the two courts had taken divergent stands, the madras high court in favour of the contentions advanced on behalf of the assessee before us and the kerala high court in favour of the revenue. ..... any portion thereof on which income-tax or super-tax is not payable and the amount in respect of which a deduction of income-tax or super-tax has been granted under any provision of the act), the fraction being proportional to the value of the turnover of such exports in relation to the total turnover of the business of which such exports form a part. ..... limited footing that the madras high court upheld the assessee's contention as regards the inclusion of this amount for the purposes of obtaining the benefit of a comparable provision in the finance act, 1966. ..... the provisions of this act, which are set out at page 170 of the report, are in pari materia with the provisions which we are called upon to consider .....

Reliance Energy Limited Vs. Rashtrawadi Kamgar Sangh and ors.

Court : Mumbai

Reported in : (2009)IILLJ708Bom

..... hold so.the powers of the authorities deciding industrial disputes under the act are very extensive - much wider than the powers of a civil court while adjudicating a dispute which may be an industrial dispute. ..... where the supreme court has held that while deciding industrial dispute, the industrial adjudicator can create new contracts, lay new industrial policy for industrial peace, order reinstatement of dismissed workmen which ordinarily a civil court could not do.21. ..... new contracts, lay new industrial policy for industrial peace, order reinstatement of dismissed workmen, which ordinarily a civil court could not do.32. ..... the complainant union had in its application for interim relief prayed that the appellant company may be directed to maintain status quo on february 23, 2007 the labour court observed that the said employees have been in the employment of the contractor and hence status quo as on that day stands granted. ..... principal employer is a sine qua non for invoking sections 3(13) and 3(14) of the bir act and since the contract had come to an end by efflux of time, there was no statutory relationship of employer employee between the appellant company and the said employees and hence the complaint was not tenable, the industrial court observed that on the date of filing of the complaint the contract was in existence and ..... attention to the supreme court's judgment in kerala solvent extractions limited ..... relied on the supreme court's judgment in kerala solvent extractions limited v .....

Lupin Ltd. and Another Vs. Johnson and Johnson and Another

Court : Mumbai

..... while such a challenge can finally succeed only in a rectification proceedings which now lie before the intellectual property appellate tribunal (ipat), we do not find any express or implied bar in the trade marks act to completely take away the jurisdiction and power of the civil court to consider the challenge to the validity of registration of the trade mark at the interlocutory stage by way of a prima facie finding on such issue. 35. ..... these provisions under the new act as well as the old act, provide that where a challenge to the validity of the plaintiff's trade mark is raised in a suit for infringement of a trade mark before a civil court and the civil court finds the said challenge as prima facie tenable, the civil court will raise an issue regarding the same and adjourn the case for a period of three months from the date of the framing of the issue in order to enable the defendant to apply ..... the words prima facie in section 31 are required to be construed in the context of the object of registration, the object of the act and the provision conferring exclusive jurisdiction of the appropriate forum (which is not the civil court trying the infringement action) to decide the question of validity of the registration of the registered trade mark. .....

Commissioner of Income-tax, Bombay City-ii Vs. Jayantilal Ramanlal and ...

Court : Mumbai

Reported in : (1982)31CTR(Bom)326; [1982]137ITR257(Bom)

..... in viswambharan's case : [1973]91itr588(ker) , the full bench of the kerala high court was considering the levy of capital gains which had been sustained by the appellate tribunal on a ..... the full bench analysed the provisions of the finance act and observed that the provisions of the finance act and observed that the provisions thereof did not apply to cases covered by ..... the court considered the provisions and the scheme underlying the indian partnership act, 1932, and, in its opinion, in view of the specific provisions of the partnership act relating to the property of a firm, there cannot be any doubt that a firm is legally competent to own or hold property as also to deal with ..... prior to the amendments made by the finance act, 1956, the position under the 1922 act was that where a firm was unregistered, the tax payable by the firm itself was determined, as in the case of any other distinct entity, and levy was made on the ..... as a result of the change effected by the finance act, 1956, income-tax at a special low rate came to be assesse on registered firms, and this came to be commonly known as the 'registered firms' ..... 182 and 183 of the said act, which are the principal sections pertaining to assessment of registered and ..... he called the reframed question :'whether, on the facts and in the circumstances of the case, a registered firm and its partners will be liable to pay tax on capital gains under section 114 of the income-tax act, 1961, separately and not cumulatively ?'3. .....