Court : Mumbai
Reported in : 2009(4)BomCR414; 2009(111)BomLR502
..... be a tax on mineral rights. in either case, the impugned cess is covered by entries 49 and 50 of list ii. the west bengal taxation laws (amendment) act 1992 must be and is held to be intra vires the constitution. (h) it is therefore obvious that in spite of land being coal bearing & used for ..... in state of west bengal v. kesoram industries ltd. (supra) facts show that the constitutionality of the cess act, 1880, west bengal primary education act, 1973, west bengal rural development and production act, 1976 as amended by the west bengal taxation laws (amendment) act, 1992 whereby and where-under cess was levied on 'coal', 'tea', 'brick-earth' and 'minor minerals' ..... of india v. state of maharashtra as also of hon apex court reported at : [1957]1scr1 fruit and vegetable merchants union v. delhi improvement trust.(b) by placing reliance upon section 5 of nationalization act it is stated that mines acquired there-under also do not vest absolutely and wcl is not complete owner thereof. attention .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR890; (1959)IILLJ286Bom
..... plucked by them exceeded 24 seers and 22 seers respectively. previously, be it noted, these figures were 16 seers and 12 seers respectively. 136. the notification as amended, after prescribing the minimum rates of wages, had also prescribed that the existing tasks and hours of work shall continue until further orders, and the point that ..... the rates may be correlated to the task or work-load. but in the present case the notification does much more than was indicated by their lord-ships or was one by the notifications impugned in these cases. here the notification interferes and directly seeks to control the relationship of employer and employee, the right ..... . this contention was sought to be met, on behalf of the workers' union, by suggesting that such a provision must necessarily be implied in order to make the act and the award effective. chief justice griffith, in delivering the judgment, negatived the implied power in the following words : 'such a condition would involve, of course, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2004Bom424; 2004(4)BomCR81; 2005(2)CTLJ399(Bom)
..... the respondents refusing extension was vitiated, then, in the facts of the case the court can mould relief prayed in prayer (b) by granting the amended prayer.cogitation of rival contentions :48. the rival contentions need to be cogitated. one of the principal contentions on behalf of the petitioners was that ..... vide item 'e' of the registration certificate that they would intimate to the textile commissioner (cotton section) in the prescribed form about the quantity shipped against each registration within a week of shipment and would furnish documentary proof thereof by furnishing bills of lading, bank negotiating invoices and bank advice for ..... application. the petitioners thus are greatly prejudiced by the respondents' contention now advanced throwing doubts and raising suspicion. he submits that the respondents have clearly acted contrary to the principles of natural justice.45. dr. tulzapurkar further submits that the contention of the respondents, that the petitioners did not export .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)BomCR175; (2008)110BOMLR293; 2008(124)ECC173; 2008(150)LC173(Bombay); 2009(235)ELT47(Bom)
..... sought to be denied the benefit based on the recommendations of what is described as prc. under section 5 of the foreign trade act no power has been conferred on the said committee to amend the export and import policy as notified by the central government. once that be the position and the petitioners had already completed ..... the description and is the same as rayon viscose filament yarn. after hearing the foreign trade development officer by two separate letters informed the petitioners to deduct the shipping bills for sub-standard goods and requested the petitioners to pay duty on the quantity of 196.04 metric tonnes in case of the said license dated 12th ..... , 1996 which hereinafter shall be referred to as the licences. according to the petitioners at the time of exports the petitioners correctly declared the goods in each shipping bill and wherever the said yarn was sub-standard, the same was so declared by the petitioners. the petitioners yarn was examined by the customs officer and .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(2)ALLMR297; 2004(5)BomCR165; 2004(3)MhLj668
..... of management from time to time was not within his power. such action was also violative of provisions of rules and bye-laws. the court stated:the act as amended from time to time was enacted for the purpose of making the cooperative societies broad-based and democratizing the institution rather than to allow them to be monopolized ..... no. 4 from provisions of section 73-g and 73-h of the act and by nominating a board of directors for respondent no. 4 to manage its affairs for a period of five years. the said notification is also challenged by the petitioners by an amendment which was granted and carried out.9. on november 20, 2003, ..... by a few persons. the action of the chief minister meant the very negation of the beneficial measure contemplated by the act.'24. in babaji kondaji garad and ors. v. nasik merchants .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR2507
..... mmscmd under certain conditions151. the learned counsel for ril further submitted that the present proceedings adopted by rnrl are clearly an attempt to obtain amendment to the gsma which has been accepted and acted upon by rnrl. ril respectfully submits that it is not open to rnrl to approbate and reprobate the gsma or the provisions thereof as ..... p. chalasani, the nominee of adag on the board of rnrl to other directors on the board of rnrl, namely, mr. sandip tandon and mr. l.v. merchant who were the nominees of mukesh ambani / ril that the said agreements were contrary to the terms of the scheme and were illegal and void. though due cognizance of ..... .(ii) board and non compete agreement (together with a suppemental agreement thereto); and(iii) gas supply master agreement and form of gas sale and purchase agreement (as amended by the agreement dated 27th january, 2006.25. it is, therefore, contended that leaving aside the question whether there is any merit in the contention of the rnrl .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(3)BomCR468; [2006(111)FLR743]; (2006)IIILLJ598Bom; 2006(44)MhLj136
..... of provident fund should be made a first charge on the assets of the establishment at the time of its winding up. similarly, when the act was amended by amending act 33 of 1980, the statement of objects and reasons contained a reference to the effect that provision was being made for treating the entire amount of ..... distribution of the property of the insolvent or the assets of the company being wound up, as the case may be.section 11 was amended by amending act 40 of 1973 and by amending act 33 of 1988. as it stands today, section 11 reads as follows:11. priority of payment of contributions over other debts.-(1) where ..... affairs, the surrounding circumstances in relation to a statute, and the evil which the statute sought to remedy. (sanghvi jeevraj ghewar chand v. secretary, madras chillies, grains and kir ana merchants workers union : (1969)illj719sc ; virji ram sutaria v. nathalal premji bhanvadia : [1969]2scr627 ; shiv kirpal singh v. v.v. giri : [1971]2scr197 ; secretary, regional .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(167)ELT25(Bom)
..... m/s. jindals and had filed the igm as per the instructions given to them by m/s. jindals. subsequently, at the instance of m/s. jindals, the igm was amended. misdeclaration, if any, in the igm was at the instance of m/s. jindals. by a common order dated 31st august, 1994, penalty was levied upon the petitioners as ..... result of the above declaration, the rig was allowed to be cleared without payment of customs duty. however, on 27th june, 1989 the petitioners on instructions from m/s. jindals amended the igm by adding an additional entry and thereupon a bill of entry was filed seeking clearance of the rig.3. on 27th january, 1994 a show cause notice was ..... adjudicating authority it is clear that the misdeclaration in the igm and the subsequent amendment of igm was the joint action of both m/s. jindals and the petitioners. therefore, by a common order, penalty was levied against both under section 112(a) and (b) of the customs act.9. in this view of the matter, it is clear that the petitioners .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)ALLMR423; 2006(3)ARBLR457(Bom); 2006(4)BomCR78
..... by the parties. further, and this is important, there is nothing that suggests that the arbitrators considered only the case under section 5 of the limitation act, introduced by the amendment to the statement of claim. 36. the majority award contains no reasons regarding the question of limitation. there is no basis therefore to challenge the award ..... co. and ors. air 1949 mad 559 is for the same reason, of no assistance to him. rule 5 of the arbitration bye-laws of the madras yarn merchants' association, provided that any party to a dispute shall apply in writing to the secretary of the association in the prescribed form and that such an application shall be ..... with the rules of arbitration of the indian council of arbitration. rule 7 provides that where parties have agreed for arbitration by the ica, the same or any amendment thereon, shall apply. rule 16 provides that any party wishing to commence arbitration proceedings under the rules, shall submit to the registrar of the ica, a written .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)ALLMR1; 2002(3)BomCR219
..... such person or medical college, as the case may be, shall seek, within a period of one year from the commencement of the indian medical council (amendment) act, 1993, the permission of the central government in accordance with the provisions of section 10a.(2) if any person or medical college, as the case may be ..... for certain existing medical colleges, etc.-(1) if, after the 1st day of june, 1992 and on and before the commencement of the indian medical council (amendment) act, 1993 any person has established a medical college or any medical college has opened a new or higher course of study or training or increase the admission ..... grant admissions to students strictly in accordance therewith including admissions to colleges of their choice in accordance with the respective positions on the revised merit list. that amendment was granted on 14th august, 2001 and the matter was adjourned to 16th august, 2001.government's second affidavit : willingness to accommodate affected students16. on .....
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