Judgment Search Results Home > Cases Phrase: maharashtra appropriation excess expenditure act 2003 Page 5 of about 5,945 results (0.200 seconds)

Mr. Mahesh Bhatt and Kasturi and Sons Vs. Union of India (Uoi) and anr ...

Court : Delhi

Reported in : 2008BusLR366(Del); 147(2008)DLT561

..... the legality and validity of some of the provisions of the the cigarette and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 (hereinafter referred to as 'the act', for short) and the amended cigarettes and other tobacco products prevention of advertisements and regulation of trade and commerce, production, supply and distribution) rules, 2005 (hereinafter referred to as ..... are proper places for the exercise of the freedom of communicating information and disseminating opinion and that, though the states and municipalities may appropriately regulate the privilege in the public interest, they may not unduly burden or proscribe its employment in these public thoroughfares. ..... on examining the history of the legislation, the surrounding circumstances and the scheme of the act which had been challenged there namely the drugs and magic remedies (objectionable advertisement) act, 1954 (21 of 1954) the court held that the object of that act was the prevention of self-medication and self-treatment by prohibiting instruments which may be used to advocate the same or which tended to ..... without advertising, the resources available for expenditure on the news would decline, which ..... ' (and thus wider and broader) but subject to the condition that the legislation should be reasonable and the restrictions imposed should not be such which are excessive and go beyond the objective which they seek to achieve. .....

The Commissioner of Income Tax Vs. Godaveri (Mannar) Sahakari Sakhar K ...

Court : Mumbai

Reported in : (2007)109BOMLR2273; (2007)212CTR(Bom)384; [2008]298ITR149(Bom)

..... effect from 1st april, 2004 by omitting the following words:referred to in clause (a) or clause (c) or clause (d) or clause (e) or clause (f).the section as it stood before the finance act, 2003, treated payments in respect of tax, duty, cess or fee, payment made to an employee, as bonus or commission or services rendered as set out therein any sum payable by the assessee as interest on any loan or borrowing from ..... clause (b) be allowed unless such sum has actually been paid during the previous year on or before the date as defined in the explanation below clause (va) of sub-section (1) of section 36.the second proviso was substituted by finance act, 1989 with effect from 1st april, 1989 and read as under:provided further that no deduction shall in respect of any sum referred to in clause (b) be allowed unless such sum has actually been paid in cash or to ..... year occurring in the second proviso to section 43b be deleted.noting the hardship being occasioned in the matter of deduction regarding employer's contribution, unlike other payment referred to in section 43b of the income-tax act, the memorandum noted that to avoid any hardship being caused on account of reasons of postal delay, strikes or long holidays, it is proposed to provide that if any sum payable by the employer by way of contribution ..... adopted the mercantile system of accounting would be entitled to account for his income and expenditure on the basis of accrual and not on the basis of actual receipt or disbursement. .....

Leenaben W/O. Sohanlal Hemandas Soni Vs. Ahmedabad Electricity Co. Ltd ...

Court : Gujarat

Reported in : AIR2005Guj40; (2005)1GLR247

..... dishonestly abstracted, consumed or used by the consumer or person, or caused to be maliciously wasted, diverted or prevented or caused to be prevented from being duly registered by the meter, indicator or apparatus installed by the licensee at the consumer's premises (which acts are hereinafter referred to as the 'offence') shall be assessed by the designated assessing authority of the licensee as follows:-(i) xxx xxx(ii) xxx xxx(iii) energy charges will be leviable on the consumption or units assessed as mentioned above and ..... the learned counsel for the respondent no.1 has drawn my attention to sub-section (5) of section 154 of the act of 2003 which reads as under:'154: procedure and power of special court- (1) notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974), every offence punishable under sections 135 to 139 shall be triable only by the ..... the appellate authority referred to in sub-section (1) shall dispose of the appeal after hearing the parties and pass appropriate order and send copy of the order to the assessing officer and the appellant. ..... or premises whose supply to service has been disconnected by the licensee for any reason or for which the service was originally provided by the licensee and subsequently removed.ii) the drawl of power by the consumer in excess of his contract demand without the specific permission of the licensee. ..... maharashtra state electricity board reported in air 1997, sc,1101, the relevant para-5 reads as under:' .....

Ms.Vishnuvardhan Paper Mills Pvt Ltd. Vs. Tamil Nadu Electricity Board ...

Court : Chennai

..... to find an answer to the question raised in the writ petition, it is necessary to have a bird's eye view of the provisions of the electricity act, 2003 and the tamil nadu electricity supply code and tamil nadu electricity distribution code.8. ..... despite the fact that sections 45 to 47 oblige the distribution licensee only to recover the charges and expenditure as fixed by the state commission and also require security as determined by the regulations framed by the state commission, section 48 gives a free hand to the distribution licensee, to prescribe additional terms ..... for the petitioner, none of these 8 decisions relied upon by the learned counsel for the petitioner, make a reference either to the provisions of the electricity act, 2003 or to the provisions of the supply code, 2004 or the distribution code, 2004. ..... but section 2(15) of the electricity act, 2003, defines the expression consumer as follows:- (15) consumer means any person who is supplied with electricity for his own use by a licensee or the government or by any other person engaged in the business of supplying electricity to the public under this act or any other law for the time being in force and includes any person whose premises are for the time being connected for the purpose of ..... section 43(1) of the electricity act, 2003, obliges every distribution licensee, save as otherwise provided in the act, to give supply of electricity to a premises, on an application by the owner or ..... state of maharashtra {2011 (8) scc .....

The State of Maharashtra Through the Slao, Upper Godavari Project, Kar ...

Court : Mumbai

Reported in : 2008(5)ALLMR264; 2008(6)BomCR706; 2008(6)MhLj766

..... there observed that a liberal and mechanical construction of the words 'six months from the date of 'the collector's award: occurring in the second part of clause (b) of the proviso would not be appropriate and' the knowledge of the party affected by the award, either actual or constructive, being an essential requirement of fair play and natural justice, the expression...used in the proviso must mean the date when ..... examine the legal aspect of these provisions relatable to limitation, it will be appropriate to refer to the language used by the legislature in section 34 of the maharashtra industrial development act and section 18 of the land acquisition act. ..... 1776 of 2003, 1779 of 2003, 1780 of 1003, 1784 of 2003, 1786 of 2003, 1794 of 2003, 1797 of 2003, 1818 of 2003, 1832 of 2003, 1837 of 2003, 1840 of 2003, 1844 of 2003 and 1847 of 2003, separate affidavits have been filed by the claimants in ..... a person who has not accepted the award and has received the compensation under protest would be able to take effective recourse to the provisions of section 18 of the act praying for a reference to the court of competent jurisdiction for enhancement of the awarded compensation only if he is aware about the extent of compensation, the extent of land and the number as well as the market value ..... the collector would have jurisdiction to entertain and make a reference to the court of competent jurisdiction under section 18 of the act in excess of six months from the date of collector's award. .....

Maharashtra State Road Transport Corporation Vs. State of Maharashtra ...

Court : Supreme Court of India

Reported in : AIR2003SC1909; 2003(3)ALD65(SC); 2003(2)ALLMR(SC)1130; JT2003(2)SC457; RLW2003(3)SC442; 2003(2)SCALE618; (2003)4SCC200; [2003]2SCR530; 2003(2)LC1013(SC)

..... or a development or other plan or town planning scheme, if any land is required or reserved for any of the public purposes specified in the plans or scheme, the planning authority, development authority or any appropriate authority may acquire the land (a) by mutual agreement; (b) by granting the land owner or the lessee subject to his paying or depositing the value of the lessor's interest, floor space index or transferable development ..... follows:section 126:(3) 'on publication of a declaration under the said section 6, the collector shall proceed to take order for the acquisition of the land under the said; and provisions of that act shall apply to the acquisition of the said land with the modification that the market value of the land shall be,- (i) where the land is to be acquired for the purpose of a ..... were initiated under the provisions of maharashtra regional town planning act, 1996 (hereinafter referred to as 'mrtp act') read with the land acquisition act in the year 1987 for the ..... 3scr39 , the learned judges held:'the reasons which weighed with this court striking down the provisions of the nagpur improvement trust act whereby section 23 of the earlier act had been modified in its application for the purpose of acquisition under the said act would, therefore, equally apply while considering the constitutional validity of the provisions of the adhiniyam whereunder the provisions of section 23 ..... to receive interest on the excess compensation awarded at the increased rates .....

Reliance Industries Limited a Company Registered Under the Provisions ...

Court : Mumbai

Reported in : 2010(1)BomCR159

..... in addition, the petitioners contend that while rejecting their representations as per the communication dated 25/1/2007, the state government did not seek the advice from the maharashtra electricity regulatory commission which is a statutory body created under the electricity act, 2003 and on that ground the denial of total exemption in the payment of electricity duty is vitiated. ..... . sonpal that the term 'tariff' and 'duty' are different and the tariff is regulated by the merc under the electricity act, 2003, whereas the imposition of levy or exemption there under is under the exclusive domain of the state government and it is not obligatory for the state government to seek advice from the merc for granting exemption ..... it would therefore be appropriate to inform the high court, that about 3 months time would be required to arrive at a decision on the issue. ..... government of maharashtra currently levies an electricity duty (ed) on the consumption of the units generated from the captive power plant, under the bombay electricity duty act 1958, at the rate of 30 paise per unit on cpps commissioned after 01.04.2000, and at the rate of 15 paise per unit on cpps commissioned before 1st april, 2000.1.106 an important aspect of the philosophy behind this order on fossil fuel based captive power plants is to gainfully utilise the excess saleable .....

Shri Mihir Yadunath Thatte Vs. State of Maharashtra, Through the Secre ...

Court : Mumbai

Reported in : 2007(1)ALLMR537

..... 417 (which has not been found by us to be fabricated or forged), the municipal commissioner ordered public notice dated 6th january, 2001 to be published in the maharashtra government gazette calling for the objections and suggestions to the proposed modification to the municipal commissioner within one month from the date of publication of the notice in the ..... pmc in its meeting held on 26th december, 2000 accorded sanction for including the subject land in the residential zone deleting it from hths zone; to make changes as per section 37(1) of the town planning act; to issue public notice calling any objections/suggestions from the public as per the directions received to prepare the report as per section 37(1) and send the proposal to the state government for final approval. mr. k.k. ..... (iv)the procedure prescribed under section 37(1) of the town planning act has been duly followed and the modification proposal sent by the municipal commissioner under section 37(1) of the town planning act to the state government for appropriate action under section 37(2) is lawful proposal and does not suffer from any legal ..... the petitioner filed the affidavit in rejoinder on 10th march, 2003 in the light of the two reply affidavits filed by pmc through the municipal secretary and the development engineer (development plan) and the reply affidavit filed by the state government through the ..... this, according to him, amounts to excessive delegation on the part of the general body of the pmc and is .....

Plastiblends India Limited a Company Incorporated Under the Companies ...

Court : Mumbai

Reported in : 2009(111)BomLR4592; (2009)227CTR(Bom)1; [2009]318ITR352(Bom); 2010(1)MhLj526; [2009]185TAXMAN187(Bom)

..... , then, notwithstanding anything contained in that section, for the purpose of computing the deduction under that section, the amount of income of that nature as computed in accordance with the provisions of this act (before making any deduction under this chapter) shall alone be deemed to be the amount of income of that nature which is derived or received by the assessee and which is included in his gross ..... the gross total income of an assessee includes any income by way of dividends received from a domestic company, whether deduction under section 80m contained in chapter via of the act has to be computed after deducting the interest payable on monies borrowed for earning such dividend income the apex court after reviewing the entire case law and after reversing its ..... 194 (sc) where it is held that the proviso inserted to section 36(1)(iii) by finance act, 2003 with effect from 1-4-2004 has to be read prospectively with effect from 1-4-2004. ..... consider the following question of law:whether, in the facts and circumstances of the case, for the purposes of availing allowable special deduction under chapter vi-a of the income-tax act, the gross total income is required to be computed by deducting allowable depreciation even though the assessee had disclaimed the same for the purposes of regular assessment 2. ..... 32 (current depreciation on the plant and machinery used for that business) as well as deduction under section 35(1)(iv) (capital expenditure on the scientific research business). .....

Smt. Prabhawati Tokersi Chheda Vs. Maharashtra Housing and Area Develo ...

Court : Mumbai

Reported in : 2002(4)BomCR579

..... there is a letter dated 29thaugust 1994 which records that the building wastaken up for consideration on priority basis in1976 and estimates were also prepared, but theestimated expenditure was excessive and the workcould not be executed through the board.initially the tenants had applied for noc and thenoc was given, but the work could not be executed. ..... for theprotection of the tenants of dilapidated buildings wasmade in the bombay rent act, it was restricted to thebuildings having ground plus two storeys only untilthe maharashtra rent control act, 1999 came into forceon 31st march 2000 and the limit of two ..... invoking thatextraordinary writ jurisdiction of the court'. it ishowever material to note what the court has addedimmediately thereafter - 'this does not however debarthe court from granting the appropriate relief to acitizen under peculiar and special factsnotwithstanding the existence of an alternativeefficacious remedy ..... invoked forenforceability of mere contractual rights when thereis an alternative remedy, the said judgment makes itclear that this proposition does not debar the courtfrom granting the appropriate relief to a citizenunder peculiar and special facts notwithstandingexistence of an alternative efficacious remedy ..... anyinaction on the part of his officers at the stage ofapproval of the plans and in defending the suitno.5920 of 1999 filed against the bmc and in gettingthe injunction vacated, and to take appropriate stepsagainst the persons concerned .....