Court : Mumbai
Reported in : 2009(4)BomCR232; 2009(4)MhLj929
..... . the judgements of the supreme court and the judgements referred to therein refer to cases involving an amendment of the statutes. in the present case the power of revision under section 154 of the mcs act has not been amended. its applicability has been put in question by virtue of a change in the character/field of ..... of the rank of secretary to government.section 22 of the multi-state co-operative societies act, 2002 reads as under:22. conversion of a cooperative society into a multi-state cooperative society.:(1) a cooperative society may, by an amendment of its bye-laws, extend its jurisdiction and convert itself into a multi-state cooperative society ..... finally liquidated, to be an order made under section 86 for it being wound up.(5) the provisions of this act shall apply to:(a) any application for registration of a multi-state cooperative society;(b) any application for registration of amendment of bye-laws of a multi-state cooperative society, pending at the commencement of this .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(5)BomCR74
..... hence they could not be the bills showing the regular consumption. he therefore denied the allegations in the petition as well as the supplementary affidavits.9. the petition was amended in november 2003 to add the prayer for appointment of a commissioner. in view of the serious allegations made in the petition, a division bench of this court by ..... to be a pil and they claim that they have filed it as the rate payers in their personal capacity.chapter viii-a was inserted in the mhada act by maharashtra act no. 21 of 1986. this chapter provided for acquisition of cessed property for cooperative societies of occupiers and was to apply to all the cessed buildings which ..... hold as above on the main prayer of the petition, we have to look into the rights of the occupiers. chapter viii-a was inserted in the mhada act by maharashtra act no. 21 of 1986. this chapter provided for acquisition of cessed properties for cooperative societies of occupiers and was to apply to all the cessed buildings which .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(3)ALLMR729; 1998(4)BomCR710; (1998)2BOMLR5; [2000]101CompCas343(Bom)
..... the sale of the goregaon properly and to defeat the decree which has been passed against it. it is further submitted that there is deliberate misstatement in the amended scheme about the value of the claim of mssidc. it is further submitted that the petitioners have deliberately included their family members and secured creditors by styling ..... pursuant to the orders dated 15-2-1994 and 16-2-1994 the petitioner company proposed to hold the meeting of the unsecured creditors of the company at the indian merchants chamber, churchgate, bombay on 19th february 1994 at 2,00 p.m. this was, however, postponed to 16th april. 1994. a notice to this effect was ..... no. 145 of 1993 was filed by mr. arunkumar poddar in the aforesaid company application no. 303 of 1992 seeking stay under section 391(6) of the companies act of continuation of suits, winding up petitions and other proceedings. these proceedings are said to be pending .4. the various other proceedings filed against bedrock include summary suit .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)BomCR28; 2008(6)MhLj914
..... v. state of uttar pradesh : [1964]6scr784 . the supreme court was considering the rule of literal interpretation, in relation to the provisions of land acquisition act, 1894 as amended by the act 31 of 1962, in which it has been held;a literal interpretation is not always the only interpretation of a provision in a statute and the court has ..... have been carried out it was well within the jurisdiction of the registrar to have certified the bye-laws....it has been further observed;the bye-laws as amended were approved by the general body of the society and have been certified by the registrar....at the end of said para, it has been observed;.this court ..... may be binding between the persons affected by them, but they do not have the force of a statute. this view was reiterated in babaji kondaji garad v. nasik merchants cooperative bank ltd., nasik and ors. : [1984]1scr767 where the court further observed that if there be a conflict between the statute and the subordinate legislation, the statute .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)ALLMR675; 2003(6)BomCR310
..... .6. shri mundra, learned advocate, further contended that there was no scope for extension of time to file written statement by the petitioner-wife in view of the amended provisions of the code of civil procedure. shri mundra, also invited my attention to the decision of the supreme court reported in : [2002]supp1scr469 in the matter ..... , which was filed on july 1, 2002, also came to be rejected by the learned judge of the trial court specifically observing that: in view of the amended provisions of order viii, in any case written statement was supposed to be filed within 90 days. the petitioner hopelessly failed to make the most of the opportunities ..... of dr. j.j. merchant & others v. shrinath chaturvedi. no doubt, this matter pertained to the action under the consumer protection act and third lordships of the supreme court, while dealing with the matter, read the provisions of order viii, rule 1 .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(1)BomCR501
..... 1960. it came on the statute book as 'the prevention of cruelty to animals act, 1960 (59 of 1960) (for short, 'the act of 1960'). the act of 1960 was amended by the prevention of cruelty to animals (amendment) act, 1982. the main objective of the act of 1960 is to prevent the infliction of unnecessary pain or suffering on animals.148 ..... prevail over the state law under article 254(1). that being so, when parliament stepped in and enacted the central amendment act, it being a later law made by parliament, 'with respect to the same matter', the west bengal amendment act stood impliedly repealed.(4) : (1987)iillj365sc - the krishna dist. co-op. marketing society ltd. vijayawada v. ..... the sub-ordinate legislation made under the statute law and therefore, the abc rules will not prevail over mmc act. further it is the submission of mr. anturkar that section 191-ba is introduced by maharashtra amendment act no. li of 1975 which is given approval by the hon'ble president of india, and therefore, in .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(5)BomCR174; 2009(111)BomLR2444; 2009(167)LC7(Bombay); 2009(240)ELT180(Bom)
..... changes in customs and excise duties are explained in detail in the explanatory notes. you would appreciate that number of changes have been carried out through amendments in notifications, rules and acts. though every care has been taken to reflect the intention of the government clearly in all these documents, the chances of human error cannot be ..... sc) , mr. sethna submitted that literal meaning should be given to the words used in the notification unless it leads to absurdity. he submitted that addition or amendment of the words in a notification is not permissible and ordinary natural meaning of words has to be given as intended by the legislature.32. mr. sethna submitted ..... j.1. whether, a manufacturer who manufactures goods falling under tariff heading 55.06 from duty paid inputs falling under heading 55.01 of the central excise tariff act, 1985 ('cet' for short) is entitled to the exemption under notification no. 30/2004 dated 9/7/2004 is the basic question raised in this petition.2. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(3)BomCR562; (2009)IIILLJ275Bom
..... was vehemently opposed by the learned counsel appearing for the petitioners. reference was also made to the amendment by the state of maharashtra to the provisions of section 25-o by maharashtra amendment act 3 of 1982. amended provision of section 25-o(5) was introduced by act 46 of 1982, with effect from 21st august, 1984. in other words, the central law came into ..... shibji khestshi tacker v. commr. of dhanbad municipality. it was said that valuation and assessment lists remain in force until they are altered or amended in accordance with the procedure laid down in the act. alteration or amendment can take place pursuant to an order under section 151 or 152. this is also clear from section 153 which says that:153. every valuation .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2003Bom178; 2003(2)BomCR148; 2002(4)MhLj615
..... under section 115 ofthe c.p. code.8. shri l.g. deshpande, the learned advocateappearing on behalf of the non-applicants, submitted thatby the amending act of 1999, the provisions of section115 were reconstituted. if the object for reconstitutionis considered, it will be seen that the object wasdecidedly to reduce the ..... -section, a revision was madenot maintainable in cases where appeal lies either to thehigh court or to any court subordinate thereto. afterthe amendment of section 115 by the amending act, 1976,therefore, it was specifically provided that the highcourt shall not under this section vary or reverse anydecree or order against which an ..... is notmaintainable after 1-7-2002 as the legislative intent toprohibit such interference in revision is made abundantlyclear by the amendment act and the provisions of thesection. it will be seen that by the 1999 amendment theproviso to section 115(1) was substituted. clause (b) ofthe proviso was deleted. section 115(2) was maintainedand .....
Tag this Judgment!Court : Mumbai
Reported in : IV(2005)BC512; 2005(4)BomCR1; [2005]127CompCas541(Bom)
..... a provision for enforcement of guarantees given by the surety because sub-clause (aa) of s. 31(1) providing for enforcing the liability of any surety was introduced by amending act 14 of 1985 w.e.f.21/8/1985. the apex court was thereafter required to consider similar contention in the case of everest industrial corporation and ors. v. gujarat ..... fit to use in it widest sense. the procedure, in our opinion, for enforcing the liability of a surety who has given only a personal guarantee would, after the amendment introduced by act 43 of 1985, be that an application under section 31(1) shall lie for enforcing the liability of such surety as contemplated by clause (aa) of the said ..... that the same are in the name of the company and not in the name of the person who has executed the said guarantees and under the stamp act. in view of the amendment the stamp paper must contain the name of the party who has executed the document. it has been thus, contended that guarantees executed on such a stamp .....
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