Court : Mumbai
Reported in : 2007(6)BomCR539; (2007)109BOMLR1930
..... as the grant of conditional leave is concerned except to the limited extent, which we shall shortly proceed to discuss.15. we have already noticed that due to amended provisions of the stamp act, the contentions of the applicants would hardly have any merits. wherever the bills were made in favour of a commercial bank, stamp duty would not be attracted ..... such duty or portion;bills of exchange and promissory notes were excluded from the coverage of clause (a) of the proviso to the indian stamp act as it earlier stood. the finance act of 2006 amended the provisions of section 35 by deleting the words 'not being an instrument chargeable with a duty not exceeding ten naye paise only or a ..... equitable answer t this has to be in the negative in the facts and circumstances of the present case.10. in the case of state bank of saurashtra v. ashit shipping services (p) ltd. and anr. jt 2002 (3) sc 85, the supreme court reiterated the principle and held as under:the law on the subject is well settled .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(4)BomCR579
..... case of the petitioner that she had theright to get the permanent alternativeaccommodation in the reconstructed building undersection 94(5) of the mhad act as it originallystood or even as amended by maharashtra act no.xviof 1998. she submits that the respondents nos.1 to3 and respondent no.5 as their agent were dutybound to provide such ..... and anissue is made that subsequently she was not stayingover there but at some other place. section 94(5) ofthe mhad act, as it existed earlier, and section 94(5)after it amendment in 1998, both make it clear thatevery occupier of such demolished buildings shall havea right to get an accommodation in the new ..... chopra vs.sadhu ram reported in : air2000sc212 , theapex court was concerned with somewhat similarsituation in the context of section 47 of the civilprocedure code before its amendment in 1976. thesection lays down that questions arising between theparties to the suit have to be determined by a courtexecuting the decree and not by a separate suit .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)MhLj484
..... period of ten years in office, anyperiod for which the person concerned may have been such officer,before the commencement of the maharashtra co-operativesocieties (second amendment) act, 1969, shall be ignored;(b) if any person resigns his office as a designated officer at any timewithin twelve months of the date on which the ..... a society not engaged in commercial activities.) 13. the categorization under sub-section (2) suffered yet anotheramendment in 1996 by maharashtra co-operative societies (amendment) act,1995 and the present amended provisions of sub-section (2) read as under:(2) 'no person shall, at the same time be or continue to be, a designatedofficer of ..... (for short, 'the act'.) and praysfor a writ or direction that the respondent no. 5 has suffered disqualificationunder the said provision, on the ground that he has been a designated officer ofthe respondent no. 6 bank i.e. vaijapur merchants co-operative bank ltd. atvaijapur for more than 10 years in aggregate/consecutively. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(3)ALLMR521; 2003(5)BomCR695
..... agreement for sale and delivering possession of the flat, cannot deprive the flat owners of invoking the provisions of section 7 (i) (ii) of the act as it stood before its amendment in 1986. the promoter/builders/ owners could not, under the cloak of the blanket consent obtained under the proforma agreement for sale, carry out the ..... as certain doubts had arisen and to remove the doubts consequent to the amendment being retrospective, it was provided that it is deemed never to apply or to have applied in ..... as already filed with the authorities under the act because the additional fsi subsequently available. let us now consider the effect of section 7a as introduced to the mofa act.section 7a was introduced for removal of doubts consequent to the substitution of section 7(i) (ii). the amendment by the maharashtra act no. 36/86, sets out that .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)BomCR431
..... the acquiring body and owners were informed that area admeasuring 2853-50 sq.ft. of first floor would be acquired on receipt of their consent. later on amendment was effected to the notifications already issued under sections 4 and 6 and proposed acquisition was made in respect of area 2853-50 sq.ft. (i.e ..... jointly measured the area of the subject property when it transpired that the total area including existing building is 4701-37 sq.ft. accordingly amended notice under section 6 and amendment proposal was sent to the additional commissioner, konkan division on 19-8-1995. thereafter no objection certificate from the land holders were sought ..... and the land holders were personally contacted; when shri harshad s. maniar valuer on behalf of the holder suggested to acquire the entire building under section 49 of the land acquisition act .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2002Bom231; 2002(3)ALLMR456; 2002(3)BomCR489
..... but nothing hereinbefore contained shall include kerosene and crude oil 2 paise per litre.'the state government exercised power under section 192(5) of the b.m.c. act and amended the entry by notification dated 30th march, 1983, published on the same date in the maharashtra government gazette. the rate of octroi leviable was changed in the following ..... the 1st day of april 1978 shall be deemed to have been levied under entry 22 in schedule h to the bombay municipal corporation act, as amended by section 9 of the maharashtra municipal corporation (amendment) ordinance, 1993, as if that entry in that form was in force on the day on which the octroi was so levied.' ..... making law as one of the subjects for fixation of rateable value and ask the legislature to make the amendment to the act. if it could be possible to give an interpretation consistent with the purpose and scheme of the act and the nature of the property sought to be assessed for rateable value, the court could always endeavour .....
Tag this Judgment!Court : Mumbai
Reported in : [2003]113CompCas273(Bom); [2003]45SCL475(Bom)
..... 51 com cas 20 and re: pmp auto industrial ltd. (1994) 80 com cas 289.20. the impact of section 77a which was introduced by the companies (amendment) act, 1999 will have to be considered in the light of the afore stated provisions as interpreted by the courts. section 77a was introduced pursuant to the report of the working ..... leave to files appeal against the impugned order of the company judge. the principal challenge in these appeals is based on section 77a of the companies act introduced by the company (amendment) act, 1999 with effect from 31st october 1998 the scheme is challenged on the ground that the court has no power to sanction the scheme of ..... this nature under section 391 of the companies act and the company is required to follow the procedure prescribed by section 77a and sebi(buy back of securities) regulations .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)MhLj334
..... question, if any raised, whether any matteris or is not one as respects which he is by or under theconstitution required to act in his discretion). theproposed amendment was vigorously supported by dr. h.n.kunzru, prof. shibban lal saksena, shri h.v. pataskarand shri rohini kumar chaudhuri. ..... we,accordingly, very respectfully decline toanswer the reference and return the same.106. as already set out hereinabove, no challengewas set up by amending petitions to the notificationissued by the election commission of india holdingelections to the general assembly. elections have beenheld to the state assembly. new ..... power ofdissolution should be exercised by the governor only 'ifthe governor is satisfied that the administration isfailing and the ministry has become unstable.' theproposed amendment was negatived. it is, therefore,submitted that certain restrictions and conditionsproposed under article 174 were consciously anddeliberately negatived. the things which were consciouslyexcluded .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3077
..... of the code of civil procedure have received liberal construction. despite its liberal construction, the principles dealing with the application for amendment during the pendency of a suit are well settled. in fact, the provisions of the code were amended by the amending act of 2002 with effect from 1st july, 2002 wherein proviso to order vi rule 17 was introduced. in terms of ..... civil procedure and held as under:26. order 6 rule 17 of the code deals with amendment of pleadings. by amendment act 46 of 1999, this provision was deleted. it has again been restored by amendment act 22 of 2002 but with an added proviso to prevent application for amendment being allowed after the trial has commenced, unless the court comes to the conclusion that in .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR4550
..... correctness of the decision of the debt recovery tribunal.the learned counsel has also taken us through the statement of objects and reasons of the rdb act 1993 and the amendment act of 1991 and placed reliance on the judgment in allahabad bank (supra) to contend that the jurisdiction of the civil court is clearly excluded. ..... proceeds of companies in liquidation, among secured creditors under section 529a of the companies act, 1956. considering these objects the primary underlying object of the rdb act and amendment act i of 2000 is the expeditious adjudication and recovery of dues of banks and financial institutions. in the case of united ..... way of tribunals to decide claims by financial institutions in respect of debts due to them by borrowers. the amendment act, i of 2000, inter alia, sought to empower the tribunals created and functioning under the rdb act with (i) the power to entertain set offs and counterclaims; and (ii) the power to distribute sale .....
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