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Ramesh Sippy and Etc. Vs. State of Maharashtra

Court : Mumbai

Reported in : AIR1989Bom250; 1988(3)BomCR642; (1988)90BOMLR578; 1989MhLJ165

..... it is the case of the respondents that even after amendment of the bombay entertainment duty act there is increase in the number of video game parlours in the minicipal limits of greater ..... 2 or in any other provisions in relation to the admission on payment contained in this act , there shall be levied and paid to the state government entertainment duty in the case of video game at the following lump sum rates, namely;(a) within the limits of the municipal corporation of greater bombay at the ..... the tax contemplated by the act is not a tax on ownership of machine ..... if a tax is not levied on an act of entertainment but on carrying on a business or calling of entertainment, it will fall ..... of the above averments the petitioners have challenged the provisions of the bombay entertainment duty act , 1923 as amended by act no.7 of 1987. ..... the act then it could safely be said that these provisions have identifiable object behind it and the levy ahs a nexus between the subject and object of levy contemplated by the act ..... is levided on the act of entertainment itself. ..... is also hypothetical and notional, since it has o nexs with the act of entertainment as such. ..... by bombay entertainment duty act , 1923, as amended by act no. ..... petitioners an entertainment duty or a tax could be levied on an act of entertainment only. ..... 2(k) of the act , which means a place of entertainment where persons are required to make a payment for the purpose of working a machine installed therein which operates electronically or .....

Binani Commercial Co. Ltd. Vs. Ramanlal Maganlal Mehta

Court : Mumbai

Reported in : (1962)64BOMLR416

..... the argument is that the failure to comply with the provisions of the relevant sections of the act is made penal, and so it is necessary to fix one maximum quantity in respect of a specified non-ferrous metal, and since that has not been done by the notification it is invalid. ..... it is with a view to make the supply of controlled goods fairly available in the country at a reasonable price that the act purports to impose the necessary restrictions to regulate the supply and sale of the said goods. ..... it is, therefore, necessary at the outset to refer to the material provisions of the supply and .prices of goods act lxx of 1950 (hereafter called the act) and to examine very broadly its scheme and purpose.6. ..... the principal ground urged by him, however, was that the transaction in suit for the sale of 300 tons of electrolytic zinc was in contravention of the provisions of supply and prices of goods act, 1950 (act lxx of 1950) and clause (6) of the government of india notification no. ..... having regard to the large number of goods intended to be covered by the act and the variety of circumstances under which they would be required by different classes of persons or dealers it would be entirely unrealistic, to suggest that the maximum which is required to be fixed by section 4 (1)(c) is the maximum determined in arithmetical term and .....

M/S.Prasad Power Control Pvt. Limited, and anr. Vs. Commissioner of Sa ...

Court : Mumbai

..... tax payable by a unit not covered under the 1988 scheme at the maximum rates of tax specified under the local sales tax, which includes the exemption provisions contained in the bst act / bst rules and, therefore, rule 31aa inserted to the bst rules with effect from 24th march 1995 to the extent it provides that the calculation of cqb under the 1988 ..... the basis of the tax actually payable by a unit not covered under the 1988 scheme under the provisions of the sales tax law which includes the exemption provisions contained under the bst act / bst rules, then it would have to be held that rule 31aa inserted with effect from 24th march 1995 to the extent it directs the commissioner to compute the cqb by ..... say, (a) a sum equal to the amount of purchasetax which would have been payable on the purchases of raw materials to the government by the said dealer under any of the provisions of the act and the amount of additional tax in relation to such purchase tax which would have been payable to the government if the exemption granted under the said entry was not available; (b) a sum equal to ..... 1980 exceeded the relevant monetary ceiling under any package scheme of incentives for any period whether before or after the date of commencement of the maharashtra tax laws (levy and amendment) act, 1994 (hereinafter, in this section, referred to as "the commencement date"), the commissioner shall calculate the cumulative quantum of benefits in the manner prescribed in respect of all the .....

Purificacao Fernandes and anr. Vs. Hugo Vicente De Perpetuo Socorro An ...

Court : Mumbai

Reported in : 1985MhLJ224

..... provides that where the fair rent of the building has not been fixed in accordance with the provisions of the act, the landlord shall not, after the commencement of the act, claim, receive or stipulate for the payment of an extra amount or other like sum in addition ot the ..... circumstances, therefore, according to the learned counsel, the new definition has to be construed as having extended the benefits of the act to the heirs of a deceased tenant, irrespective of the fact of the lease being for residential purpose or for commercial ..... considered that the other decision already referred to hd dealt with the provisions of the rent control act and a different view has been taken not only by this court but also by the supreme ..... said decision of the supreme court is based on the definition of 'tenant' given in the bombay rents, hotel and lodging house rates control act, 1947, wherein the word used is 'residing' implies the staying along with a person and with a permanency. ..... renewed from time to time till the goa, daman and diu buildings (lease, rent and eviction) control act, 1968 came into force, and thereafter, the said domingos became a statutory tenant of the premises. ..... specifically stated that the bill was being moved in order to cover up the lacuna in the definition of 'tenant' in the goa, daman and diu buildings(lease, rent and eviction) control act, 1968 and that the rights of tenants envisaged in the act had not been extended to the members of their families living with them. .....

Ratilal Thakordas Tamkhuwala and anr. Vs. Vithaldas Magandas Gujarathi

Court : Mumbai

Reported in : AIR1985Bom134; 1985(1)BomCR406; (1983)86BOMLR678; 1985MhLJ80

..... these observations that the higher fate of rent could not be challenged even in the context of the rent act are ample to show that such a measure of the quantum of mesne profits a higher fate was clearly ..... at the most and at the maximum, the rent so fixed by the rent act could be treated as merely a relevant piece of evidence so as to find out what the person could have, reasonably and with due diligence, had the property been let, earned and nothing ..... the submission of learned counsel the position of the judgment-debtor subject to a decree for possession is not clearly governed by the provisions of the rent act and the measure of mesne profits would not be the standard rent. ..... that case, the court had approved and confirmed the decree for mesne profits at the higher rate than the fair rent under the provisions of the act but for the period after the date of eviction decree. ..... the law indicates, has different point of reference statutorily and is not indicative of the value of the possession becomes wrongful upon the passing of the eviction decree, while the provisions like those of the rent act have a different point of reference with regard to lawful possession.9. ..... to contend that once the property is governed by the provisions of the rent act, even for the purpose of mesne profits the rent fixed by the rent act should be the quantum. ..... the matters laid down by that act deal with lawful possession and the lawful return to be made by the person in possession to the landlord of such .....

Janaki Ultra Sound Center Vs. The Appropriate Authority and Others

Court : Mumbai Aurangabad

..... power to search and seize records, etc (1) if the appropriate authority has reason to believe that an offence under this act has been or is being committed at any genetic counselling centre, genetic laboratory, genetic clinic or any other place, such authority or any office authorized in this behalf may, subject to such rules as may be prescribed, enter and ..... the divisional vigilance committee (hereinafter referred to as the committee), has merely noted that the petitioner has violated the provisions of the said act and therefore the sonography machine shimidzu sdu 350 xl was sealed in a cloth after the probes were removed. ..... since the impugned action taken on behalf of respondent no.2 is not within the provisions of the act of 1994 and the rules framed thereunder, the said action deserves to be quashed and set aside." 33. ..... this judgment shall not come in way of the concerned authorities in exercising their powers under section 30 of the said act and rule 12 of the said rules, vis-a-vis the petitioner in future. 38. ..... in such circumstances, it was incumbent upon the respondent no.2 to pass an order and thereafter, if warranted, upon compliance of the provisions contained in section 30(1) of the act of 1994, to proceed to take appropriate action against the petitioner. ..... the learned agp has pointed out that respondent no.1, acting under rule 12 of the rules has sealed the sonography machine. .....

Gajadhar Hiralal Vs. the Municipal Committee, Basim

Court : Mumbai

Reported in : AIR1958Bom378; (1958)60BOMLR419; ILR1958Bom625

..... 276 of the constitution signifies a scale of rate; we have no doubt that when the legislature used the words 'the rate or the maximum rate' in the proviso to sub-section (2) of section 142-a of the government of india act, and when the learned framers of the constitution used them in the proviso to clause (2) of article, 276, they intended that the scab of rate, to he a valid scale, should be such that the total amount of tax payable ..... bobde is right, the legislature, while enacting the pro-visa to sub-section (2) of section 142-a of the government of india act, and the learned framers of the constitution, while drafting the proviso to clause (2) of article 276 would have used the words 'the maximum tax' and not the words 'the rate or ..... since 1-4-1941 imposed by the municipal committee, washim, under section 66 (1) (b) of the central provinces municipalities act as applied to berar was ultra vires the article 276 of the constitution of india.13. ..... bobde's construction of the proviso to sub-section (2) of section 142-a of the government of india act, 1335, and of the proviso to clause (2) of article 276 of the constitution is opposed to the plain meaning of the words 'the rate or the maximum, ..... bobde says that under section 142-a, sub-section (2) of the government of india act, 1935, what the legislature had done was to fix a ceiling to the total amount payable in respect of any one person to the province or to any one municipality, district board, local board' or other local authority .....

Baramati Grape Industries Ltd. and ors. Vs. the State of Maharashtra a ...

Court : Mumbai

Reported in : 1998(1)ALLMR352; 1997(3)BomCR190

..... that duty shall not be so imposed on any article which has been imported into the territory of india and was liable on such importation to duty under the indian tariff act, 1934, or the sea customs act, 1878 or on any medicinal or toilet preparation containing alcohol, opium, hemp or other narcotic drugs or narcotics.explanation - duty may be imposed under this section at different rates ..... the annual value is not necessarily actual income, but is only a standard by which income may be measured' and pointed out further that merely because the income tax act has adopted the annual value as the standard for determining the income, it does not follow that if the same standard is employed as a measure for any other ..... which are raised in these petitions and are negatived by the court.in that case the challenge was to section 2-a of the west bengal taxation (second amendment) act, 1989 which reads as under :-'(2-a) the rural employment cess shall be levied annually on a tea estate at the rate of twelve paise for each kilogram of ..... ----------------------------------------------------------------------------------explanation -- for the purpose of this notification --(a) 'spirituous medicinal and toilet preparations' means preparation described in the schedule to the medicinal and toilet preparations (excise duties) act, 1955 ; (16 of 1955)(b) 'proof litre of alcohol content' means the quantity of one litre of alcohol of proof spirit and 'proof spirit' means a mixture of alcohol (ethanol c2 h5 .....

M/S Faridabad Metal Udyog Pvt. Ltd. and Others Vs. Anurag Deepak, Sole ...

Court : Mumbai

..... learned counsel thus submits that in view of the fact that the transaction between the petitioners and respondent no.2 was much prior to the day on which the said act itself came into force and the registration of the petitioners under the provisions of the said act was much after the said transaction between the parties, petitioners would not be entitled to make any application for referring the dispute to the micro and ..... arbitration: (a) any dispute and/or difference of any nature whatsoever any claim, cross-claim, counter claim or set off of the corporation against the contractor or regarding any right, liability, act, omission on account of any of the parties hereto arising out of or in relation to this agreement shall be referred to the sole arbitration of the director (marketing) of the corporation or of some officer of the corporation who may be nominated by the director ( ..... a memorandum with the authority referred to in sub-section (1) of section 8, and includes, (i) the national small industries corporation, being a company, registered under the companies act, 1956 (1 of 1956); (ii) the small industries development corporation of a state or a union territory, by whatever name called, being a company registered under the companies act, 1956 (1 of 1956); (iii) any company, co-operative society, trust or a body, by whatever name called, registered or constituted under any law for the time .....

Employees' State Insurance Corporation Vs. Burmah-shell Oil Storage an ...

Court : Mumbai

Reported in : (1965)IILLJ472Bom

..... there was nothing suggested in the evidence that the part which left open with a cavity was not dangerous or was not capable of causing injury to a person who acted inadvertently, inefficiently or under special circumstances such as in the present case where the worker, in order to remove the sheet, withdrew it by putting his finger in ..... workmen would behave in this way in jobs of this nature should be foreseeable and as laid down by this court in : (1959)61bomlr1021 , quoted above, even such acts on the part of workmen who may be indolent, inefficient, unwary or inadvertent are protected because all these behaviors or mis behaviors on the part of workmen should be foreseen ..... he later explained this test elaborately in the following words : 'section 21 of the factories act, 1948, gives protection not merely to the careful, the vigilant and the conscientious workmen, but to the careless, the indolent, the inadvertent, the weary, and even perhaps in ..... 1,207.69 representing the total of the periodical payments made under the act by the corporation to one mohamed sayed (hereinafter referred to as the injured ..... as follows : 'if it is a possible cause of injury to anybody acting in a way in which a human being may be reasonably expected to act in circumstances which may be reasonably expected to occur. ..... 21(1)(iv)(c) is absolute, it cannot be held that because this particular act on the part of the workmen was unforeseeable, there was no obligation on them to provide a guard on the exposed .....