Judgment Search Results Home > Cases Phrase: preservation of trees act 1976 chapter 1 preliminary Court: mumbai Page 14 of about 413 results (0.189 seconds)

Eknath Vithal Ogale Vs. Mansukhlal Dhanraj Jain

Court : Mumbai

Reported in : 1988(2)BomCR9; (1988)90BOMLR22

..... section. the same interpretation must squarely apply while determining the ambit of expression 'relating to recovery of possession' in section 41 of the presidency small cause courts act. the decision of the full bench was examined by division bench of this court in the judgement in bombay grain dealers association v. lakhmichand vasanji and co., ..... to the defendant to remain in occupation of the suit premises. the defendant contended that by reason of section 41 of the presidency small cause court act exclusive jurisdiction has been conferred upon that court to try suits between licensor and the licensee relating to possession of an immovable property situated in greater ..... before such forcible dispossession should be entertained by the city civil court cannot be accepted. in the suit instituted under section 6 of the specific relief act the plaintiff does not claim recovery of possession in his capacity as a licensee and the issue of relationship between the licensor and licensee is wholly .....

Dy. Cit Vs. Manjara Shetkari Sahakari Sakhar Karkhana Ltd.

Court : Mumbai

Reported in : (2004)85TTJ(Mumbai)369

..... care the factual backdrop of the case. the demand for a minimum price was made in 1933 and accepted by the government by legislating the sugarcane act, 1934. the act conferred powers on the then provincial government to fix minimum price for cane. since 1950, the minimum price is fixed under the control orders issued from ..... argued before us. it is pertinent to note that the term 'association of persons could include within its ambit company or firm also. moreover, each finance act prescribes a separate and concessional rate of income-tax for co-operative societies from that levied on a company or firm or association of persons. this clearly implies ..... from the viewpoint of a revenue officer but from the view point of a businessman.7. the assessee societies are registered under the maharashtra, co-operative societies act, 1960. the principal object is to encourage members to improve method of agriculture by adopting principles of co-operative farming. no person is admitted as producer member .....

Bharatiya Kamgar Sena Vs. Otis Elevator Employees Union and Others

Court : Mumbai

..... of supply of sugarcane for use in the factory of the employees of commercial establishment within the meaning of the united provinces shops and establishments act, 1947. the act regulated the conditions of employment in shops and commercial establishments, including regulating the hours of employment. it also provided for holidays and leave, ..... including casual leave and sick leave. section 27 penalized contraventions of the act and the rules made thereunder. the laxmi devi sugar mills limited owned a factory for manufacturing sugar. the respondents were officers of the company. the ..... were as follows. the first respondent's application proceeds on the incorrect basis that its members are attached to the said undertaking. chapter iii of the act, including sections 10, 11 and 12 therein refer to the employees employed or working within the premises of the undertaking of the precincts thereof. the phrases .....

Abbott India Ltd and ors Vs. All India Abbott Employees Union and ors.

Court : Mumbai

..... maharashtra and in the definitions while defining the term "concern", "industry", "undertaking" and thereafter clarifying the definitions itself in section 3(18), that the act becomes operational. it has very clearly set out chapter-wise, the aspects that have been covered, namely, recognition of unions and obligations and rights of recognised ..... the territorial limits of the industrial court, inasmuch as charter of demands are concerned, negotiations in pursuance thereof are under way and mid-stream, the acts of force and/or violence have been committed which caused, according to the union, complete failure to abide by the settlement or agreement in relation ..... functioning in the establishment of the of the 1st petitioner since 1966. it is a recognised union under the code of discipline under the industrial disputes act, 1947. it has signed several settlements, concerning wage scale and service conditions of sales promotion employees. the 1st petitioner- company is engaged in manufacturing .....

The Commissioner of Central Excise Vs. Shruti Colorants Ltd.

Court : Mumbai

Reported in : (2008)110BOMLR3251; 2008(133)ECC197; 2008(159)LC197(Bombay); 2009(233)ELT171(Bom); 2009[13]STR358

..... seen in conjunction with legislative intent and the objects of expeditious disposal sought to be achieved would exclude the application of section 5 of the limitation act by necessary implication. once the provisions of section 5 are not attracted, this court inherently would have no power to condone the delay in filing ..... are applicable, thus, the appeal would have to be treated as an ordinary appeal under the civil procedure code and consequently, the provisions of section 5 of the act would be applicable per se is unsustainable. we have already noticed that the provisions of section 35g(9) are procedurally applicable subsequent to the entertainment of ..... . it is abundantly clear from its language that it excludes the application of other general provisions and intends to give the special provision of the special act overriding effect. but once the plain reading of the provision shows exclusion of applicability of other general provisions, per se or by necessary implication, then .....

New India Assurance Co. Ltd. Vs. Gajanan S/O Rambhau Mohite

Court : Mumbai

Reported in : (1997)99BOMLR73

..... earlier and in both the accidents, all the occupants/passengers received injuries. injured persons filed individual claim petition simplicitor under section 140 of the motor vehicle act before the motor accidents claims tribunal, buldana. notices were issued to the opposite parties. the appellants in all the claim cases filed the reply and denied ..... the liability to pay even the interim compensation to the claimants under the provisions of section 140 of the motor vehicle act, on the ground that the tractors and trollies were insured for agricultural operations only. according to the appellant-insurance company, the occupants/passengers who were ..... tribunal, all the matters arc remanded to the motor accident claims tribunal, buldana for fresh summary inquiry before passing the order under section 140 of the act. the findings of the motor accident claims tribunal shall not be affected by the observations made by this court. the motor accidents claims tribunal is .....

The Commissioner of Income Tax and Another Vs. V.S. Dempo and Co. Pvt. ...

Court : Mumbai

..... backdrop of the controversy before this court. 16. for properly appreciating the contentions raised before us, it would be necessary to refer to the income tax act, 1961. the arrangement of sections therein commencing from and divided into several chapters would indicate that chapter ii titled basis of charge is preceded by the ..... advocate shri usgaonkar. learned senior advocate also invited our attention to dictionary meaning of the word demurrage (black's law dictionary). 10. section 172 of the act 1961 is carefully considered by us. chapter xv titles as liability in special cases . we have no concern with sections, starting from section 159, till section ..... case. however, in paragraph 10, the division bench accepted the legal position that section 172 would apply notwithstanding anything contained in the other provisions of the act. therefore, in such cases, the provisions of section 194c and 195 relating to tax deduction at source are not applicable. the division bench held that there .....

Leukoplast (India) Ltd. Vs. State of Goa

Court : Mumbai

Reported in : 1992(40)ECC186; 1988(36)ELT369(Bom); [1988]71STC180(Bom)

..... stipulation had to prevail notwithstanding clauses to the contrary in the agreement. in the case at hand, considering the provisions of the drugs and cosmetics act which minutely regulate the manufacture, sale and distribution of drugs and cosmetics, it appears to us that such provisions necessarily have an overriding effect and ..... v. ramjiban serowgee to support his contention that definitions given in one statute cannot be used to interpret the same expression occurring in a different act or statute. the learned advocate general, proceeding with his arguments, further contended that definitions given in the pharmaceutical codex are not binding as observed in ..... undoubtedly, the above products manufactured by the petitioners are well within the meaning of drugs and medicines given in section 3 of the drugs and cosmetics act, 1940. that apart, the learned counsel further urged that that had been the understanding of the excise authorities who had consistently classified the said products .....

Vinod Hinigorani Vs. The Securities and Exchange Board of India and An ...

Court : Mumbai

..... has reiterated the parameters for exercise of such discretion as follows :- 19. except for a period when article 226 was amended by the constitution (42nd amendment) act, 1976, the power relating to alternative remedy has been considered to be a rule of self imposed limitation. it is essentially a rule of policy, convenience and ..... bank at mira road. learned senior counsel shri khambatta therefore claims that this situation necessitated the recovery officer to exercise the powers conferred under the sebi act and issue notices as stipulated under rule 73. learned senior counsel shri khambatta has submitted that the petitioner was given fair hearing as well as sufficient ..... nor paid the penalty aggregating to rs.1,10,00,000/- despite various reminders, hence the respondent board initiated prosecution proceeding under section 20 of sebi act before the magistrate court at bandra and sessions court at mumbai. 10. it is the case of the respondent that in exercise of powers conferred under .....

Raghunath Alias Ashok Nana Patil Vs. Nana Rama Patil

Court : Mumbai

Reported in : (1985)87BOMLR488; 1986MhLJ106

..... laxman thorat v. dhondavvabai hanmanta thorat : air1977bom191 .11. here again, mr. bandivadekar has been unable to point out anything in section 16 of the hindu marriage act which warrants any such interpretation viz., that an illegitimate child who stands equated with the legitimate child can only claim the rights in the self-acquired property of ..... may, i have perused the said judgment and find that in the said matter before the learned judge, no question pertaining to section 16 of the hindu marriage act seems to have arisen and none canvassed. the citation, therefore, cannot assist mr, bandivadekar.10. mr. bandivadekar next contended that even if section 16 conferred a ..... the (property 'of any other person, other than the parents'. hence, if raghunath is an illegitimate child,, by reason of section 16(1) of the hindu marriage act, raghunath must now be equated to the legitimate offspring viz., shripati respondent no. 2 (i.e., the son of nana rama patil through his first wife gojabai, .....