Court : Mumbai
..... of frustrating the present petition by disturbing the provisions brought in the enactment from 1st october, 1995 by the maharashtra tax laws (levy and amendment) act, 1995. (act xv1 of 1995). the said ordinance vi of 1998 did not contain any validating and saving clause, therefore the impugned three letters being exhibits 'd', ..... karkhana sangh limited. through that federation, representations were made to the state government requesting to clarify the impact of the amendment carried out to the act. accordingly, the deputy commissioner of sales tax (headquarters), by his letter dated 5th september, 1996, clarified that it was necessary to include the expenses ..... the respondents to the petition are the state, commissioner of purchase tax (sugarcane), purchase tax officer (sugarcane). the petitioner also holds licence under the act of 1962. it is stated that the petitioner, at its factory, manufactures sugar and allied products out of sugarcane received from respective members, majority of .....
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..... my presence. the bottle was sealed as per the standard procedure maintained by the hospital. there were two containers called phials. one phial was having oxalate preservative and other phial was plain ?. after this the witness further deposed that bottles(phials) were capped by white colour bandage (sticking plaster). the seal ..... bring about that result subsequently. in consequence of the person having died, the gravity of the offence became presumptively increased; but the evidence to prove the act with which the accused was charged remained precisely the same. we therefore think that this evidence was properly admitted under section 33. ? effect of ravindra patil ..... for cross-examination before the sessions court. his evidence recorded before the metropolitan magistrate was accepted as a substantive evidence under section 33 of the evidence act. 28. in order to appreciate the broad submissions on behalf of the defence, the effect of the prosecution evidence is required to be summarized. .....
Tag this Judgment!Court : Mumbai
..... of objectionable content, they may resort to violence. the content can be so provocative that all the cherished values and principles, the institutions working to preserve democracy, sovereignty and unity of india with a guarantee of a secular atmosphere aimed to assure justice, social and economical, would collapse. 41. such ..... airlines at different airports in the country. the ground-handling service is subject to security clearance from the central government. section 5 of the aircraft act, 1934 empowers the government to make rules providing for licensing, inspection and regulation of aerodromes and, thus, the aircraft rules, 1937 have been framed ..... that the government decided to introduce digital addressable system (das) in place of conditional access system (cas). that is how the cable television networks (regulation) act, 1995, underwent sweeping changes. vide notification dated 28th april, 2012, the cable television networks rules, 1994 were also amended and it was made mandatory for .....
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..... the amalgamation is an amalgamation in the nature of purchase , the identity of the reserves, other than the statutory reserves dealt with in paragraph 18, is not preserved. the amount of the consideration is deducted from the value of the net assets of the transferor company acquired by the transferee company. if the result of the ..... submission advanced on behalf of the petitioner that sebi does not have locus to intervene in a scheme petition under sections 391 and 394 of the companies act, 1956 ( the act ?). in support of this submission, the petitioner has relied on the decision of the division bench of this court in sterlite. in this case, ..... mentioned in the 2011 composite scheme is in compliance with the generally accepted accounting principles and applicable accounting standards notified under section 211(3c) of the companies act, 1956 and that there is no deviation from the same; and (b) examined the valuation report of grant thornton including the swap ratio mentioned therein and .....
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..... is a quasi-judicial authority exercising equitable jurisdiction guided by the principles of natural justice in the exercise of its powers and discharge of its functions under the act and shall act in its discretion. the clb has all the trappings of the court. the clb has its own regulations. the c.p.c does not apply, the ..... 2/2013. background facts: 3. the brief facts are that sociedade de fomento industrial private limited (sfipl), (company, for short) is a company registered under the companies act, 1956 (the act, for short) with authorised share capital of rs.1,00,00,000/- (rupees one crore only), divided into 50,000 equity shares of rs.100/- each and 50 ..... and decided. 10. the original petitioner (dt) opposed the application stating that no period of limitation is prescribed, in case of application under section 111(4) of the act. it was also denied that the petition suffers from delay or laches. it was further contended that even assuming, that there is delay, such delay, if any, has .....
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..... 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 .....
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..... the amendments to the plaint and to submit that important triable issues arise there-from. the suit is comprehensive and until its trial, the protection and preservation of the suit property becomes necessary. mr. samdani has urged and with all vehemence at his command that the whole purpose of the contesting parties ..... k-west ward, the plaintiff no. 1 filed application no. 22 of 2012 before the divisional joint registrar, cooperative societies under section 21a of the said act for deregistration of defendant no. 5 and challenged the grant of impugned registration certificate dated 28th february, 2012 issued by the deputy registrar, cooperative societies, k ..... defendant no. 2 is maharashtra housing and area development authority ('mhada' for short) and which is an authority constituted under the maharashtra housing and area development act, 1976. the original defendant no. 3 is the collector of mumbai suburban district. the original defendant no. 4 is a partnership firm registered under the .....
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..... provided within the required 10-year period. open spaces for school, parks, service industries and hospitals as required under the tripartite agreement had not been preserved or provided. in the meantime, the division bench observed, massive construction had been put up. seventy buildings had been constructed in pads. commercial premises ..... construction of additional buildings. 23. in continuation of this submission, mr. chinoy also points out that between 2008 and 2009 applications were made for tree-cutting for the construction of an eleventh building, and that between 2009 and november 2010 there was correspondence between five of the societies and mmrda ..... , or any other form of additional building rights. under the provisions of maharashtra ownership flats (regulation of the promotion of construction, sale, management and transfer) act, 1963 ( mofa ), the hiranandanis do not have any statutory entitlement to build any further on sector iv-a without the societies consent. the failure to .....
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..... , is excluded, the revision application, which was filed before the revisional authority would be within the stipulated period under section 35ee(2) of the central excise act, 1944. we do not see how these observations can assist the petitioner before us. in the first place, the stipulation in section 35ee and particularly subsection ..... appellant to challenge an order passed by this court on the application for condonation of delay in filing the appeal under section 35 of the foreign exchange management act, 1999. this court dismissed the application along with the appeal. 32) after noticing the background facts and the rival contentions, particularly para 15, where ..... of delay, the petitioner had specifically urged that though the appeal is filed on 12th december, 2011 by taking recourse to section 14(2) of the limitation act, 1963, the time, during which the petitioner was bona-fide prosecuting another civil proceeding, namely under article 226 of the constitution of india, be excluded. .....
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..... held as under:- 18. how can a disciplinary authority, aware of its accountability to the indian bar, functioning as the stern monitor holding the punitive mace to preserve professional purity and promote public commitment and appreciative of what is disgraceful, dis-honourable and unbecoming, judged by the standards of conduct set for this noble calling and ..... in the field. in that regard, mr. thacker has traced the definition of the above term and as appearing in the chapter v of finance act 1994 as amended by finance act, 2010 (act no.64 of 2010) dated 8th may, 2010 with effect from 1st july, 2010, that time the definition read as under: (105) taxable ..... 2012 dated 20th june, 2012 and submits that by this notification and which is issued under exercise of the powers conferred by section 68(2) of the finance act, 1994 (act 32 of 1994) and in supersession of clause (i) of notification of the government of india in the ministry of finance (department of revenue) no.15/2012service .....
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