Judgment Search Results Home > Cases Phrase: preservation of trees act 1976 chapter 1 preliminary Court: mumbai Page 38 of about 413 results (0.101 seconds)

Mahomed Oosman Vs. Essack Saleh Mahomed Vanjara

Court : Mumbai

Reported in : (1937)39BOMLR502

..... styled a saint : insomuch as to raise his tomb to the standing of a religious object : so that property may validly be dedicated for its upkeep and preservation. in the result, there may be a waqf for the upkeep of the tomb of a saint as distinguished from the tomb of a private person : futtoo bibee ..... offerings as alleged?-ans. yes.(17) whether the trustees have anything to do with the plaintiffs' appointment as mujawars?-ans. without the trustees' consent no person can act as mujawar (or caretaker) or otherwise intermeddle with the trust estate.(18) whether the plaintiffs or any of them have wrongfully withheld possession of articles and utensils ..... ancestors from generation to generation and after them the plaintiffs have been the mujawars of the said dargah?-ans. no. there were at the start several persons acting as keepers or caretakers. they were really persons who were in unauthorized occupation of government land until the yearly licences for tenancy at will were issued.(7) whether .....

Kamal H. Javeri and anr. Vs. Chandulal Gulabchand Kothari and anr.

Court : Mumbai

Reported in : 1985CriLJ1215

..... of taking cognizance would render illegal and without jurisdiction. in such contingencies can the complainant be blamed who has approached the court quite within limitation prescribed under the act but no cognizance could be taken for the valid and good reasons on the part of the magistrate and should the complainant suffer for no fault on his ..... with the proprietors of pragati enterprises are totally false and in fact this complainant had nothing to do with the pragati enterprises save and except that he was acting as commission agent for them. in spite of this knowledge to both the complainants they had falsely involved this complainant in these two complaints on the false accusations ..... the period of limitation, is that a bar is created in taking cognizance of an offence wherein the complaint is barred by limitation.21. the limitation act prescribes the limitation for taking action in the court of law and if the action is taken after the expiry of the period prescribed under the limitation .....

Anil Tibrewala Vs. Ito

Court : Mumbai

Reported in : (2004)89TTJ(Mumbai)24

..... necessitates reopening of assessment. the other important contention urged by the learned authorised representative is that the assessee is entitled to immunity under the immunity act and it department having issued a circular assuring such immunity, it has no jurisdiction to probe into the matter, particularly in the reassessment proceedings ..... contention of the authorised representative that fera board exonerated the assessee, the learned departmental representative contends that under sections 68/69 of the income tax act, it department is not concerned with the proceedings under fera because criminal proceedings were not launched against the assessee on that basis. the assessing ..... appeals) considered the issue elaborately. he has extensively considered various judgments relied upon by the assessee and also extracted relevant text of the immunity act to highlight that the assessee is not entitled to claim immunity unless he proves that the remittance was in foreign exchange and the same was .....

Sitaram Vs. the Chief Executive Officer, Zila Parishad

Court : Mumbai

Reported in : 2(1985)ACC227

..... the learned counsel for the employer made a strenuous plea that his appeal could be heard despite the provisions of the provisos to section 30 of the workmen's compensation act. first proviso to section 30 reads that do appeal shall lie against any order unless a substantial question of law is involved in the appeal and, in the case ..... against the claimant regarding the character of rama as workman and that penalty and interest both should be awarded under section 4-a(3) of the workmen's compensation act. in the cross appeal the zilla parishad contended that rama was not a workman and the compensation should not have been awarded. in any event as there are good ..... default in payment of the compensation occurred because the zilla parishad entertained doubt as to whether or not rama was a workman within the meaning of the workmen's compensation act and that no penalty need, therefore, be awarded. interest was granted at 6 per cent per annum from the date of the application i.e. 31-12-1979 .....

Jayram Karsan Tank Vs. Deputy Regional Director, Employees' State Insu ...

Court : Mumbai

Reported in : II(1992)ACC587

..... industries, energy and labour departments, mantralaya, bombay, in exercised of the powers conferred under section 88 read with section 91-a of the employees state insurance act. by this notification, the state government exempted all the manual workers engaged in connection with the loading, unloading, stocking, carrying, weighing, measuring, filling, ..... and conditions of work of registered unprotected workers, and make provision for the general welfare in such employments.***** ******* *******section 6 of the mathadi act provides for the constitution of the boards, while section 7 lays down the powers and duties of such boards. this section provides that the ..... , stitching, sorting, cleaning or such other work including the work preparatory or incidental thereunder in the employment specified in the schedule under the mathadi act this notification fully applies to a man under consideration and, therefore, these exemptions extend to the appellant in so far as baburao more is concerned .....

Commissioner of Income Tax Vs. Income Tax Settlement Commission

Court : Mumbai

Reported in : (2000)163CTR(Bom)440; [2001]112TAXMAN523(Bom)

..... the option of the assessee for settlement of the tax liability of the assessee as also his liability for further proceedings or prosecution under this act or other acts, even while the assessee continues to be dishonest and deliberately fails to make a true and full disclosure of the extent of the income which ..... and seizure operations voluminous cash, jewellery, silver utensils, share certificates; etc., have been seized by the department and orders were passed under section 132d of the act. the said seized material exhibited charging of 'on money' with regard to various projects during the period 1985 to november 1992, with unaccounted investments in shares ..... the applications in the case of 4 firms including the present assessees were admitted by the orders of the commissioner passed under section 245d(1) of the act dated 17-11-1997. ajmera housing corporation along with its other group establishments are engaged in the business as land developers, builders and contractors. the assessees .....

M/S Nagindas Kasturchand and Others Vs. the Official Liquidator, High ...

Court : Mumbai

..... of the second respondent, namely, caretaker's agreement which appears to us to be a facade to wriggle out of the provisions of the rent act. the rent act is no doubt enacted for protecting the tenants, and indisputably its provisions must receive such interpretation as to advance the protection and thwart the action of ..... of the pari passu charge holder being represented by the official liquidator would necessarily bring in the supervision of the company court as the official liquidator cannot act without directions from and the supervision of the company court. the realisation of the security can only be done by both charge holders joining and realising ..... learned senior counsel that even mr prabhakar barbole also succeeded in various proceedings filed before the authorities under the provisions of the bombay tenancy and agricultural lands act. writ petitions filed by mr prabhakar barbole are admitted by this court which are admitted. it is submitted that sale in favour of prabhakar barbole .....

Hubtown Limited Vs. IDBI Trusteeship Service Limited

Court : Mumbai

..... the background of the litigations between the parties is relevant for consideration of this appeal on merits. the respondent (plaintiff) is a company incorporated under the companies act, 1956 and is a debenture trustee of the debentures issued to vinca developer private limited ( vinca ) by amazia developers private limited ( amazia ) and ..... arbitration where such commercial court has been constituted. section 11 bar of jurisdiction of commercial courts and commercial divisions notwithstanding anything contained in this act, a commercial court or a commercial division shall not entertain or decide any suit, application or proceedings relating to any commercial dispute in ..... the commercial appellate division in the high courts for disposal of commercial disputes of specified value. 9. on 23 december 2015, the commercial courts act, having retrospective effect from 23 october 2015 by repealing the ordinance with the following rider has been promulgated section 23 repeal and savings. (1) .....

Sita Ram Vs. the Chief Executive Officer, Zilla Parishad

Court : Mumbai

Reported in : 2(1985)ACC80

..... against the claimant regarding the character of rama as workman and that penalty and interest both should be awarded under section 4-a(3) of (the workmen's compensation act. in the cross appeal, the zilla parishad contended that rama was not a workman and the compensation should pot have been awarded. in any event as there are good ..... section (3) of section 4-a, it is apparent that it is beneficient provision made for the benefit of an employee and having regard to the scheme of the act, the provision for payment of interest and penalty have been enacted with a view to deter the employer from taking facile pleas and avoiding payment of the compensation which ..... the learned counsel for the employer made a strenuous plea that his appeal could be heard despite the provisions of the proviso to section 30 of the workmen's compensation act. first proviso to section 30 reads that no appeal shall be against any order unless a substantial question of law is involved in the appeal and, in the case .....

First Income-tax Officer Vs. South India Corpn. (A) Ltd.

Court : Mumbai

Reported in : [1995]55ITD1(Mum)

..... therefore, the general provisions of section 147 are not applicable to a special type assessment for shipping business. in an assessment under the general provisions of the act, there could be only one assessment in respect of the whole of the previous year whereas there could be any number of assessments under section 172(4) even ..... hence the re-assessment proceedings become invalid. he, accordingly set aside the re-assessment proceedings and restored the original order under section 172(4) of the income-tax act. in doing so, the learned commissioner (appeals) did not deal with other grounds raised before him. the revenue is aggrieved and has come up in appeal before ..... different rate of exchange. on the basis of this information, the ito re-opened the assessment of the assessees under section 147(b) of the i.t. act. rejecting the explanation offered, the ito completed the re-assessment proceedings on the basis of the correct rate of exchange intimated by the central board of direct taxes, .....