Court : Mumbai Nagpur
..... under section 8 of the suits valuation act, 1887 it is provided that where in suits other than those referred to in paragraphs (v), (vi) and (x) and clause (d) of paragraph (xi) in section 6 of the bombay court fees act, 1959 courtfees are payable ad valorem under the bombay courtfees act, 1959 the value as determinable for the computation of courtfees and the value for purposes of jurisdiction shall be the same ..... i have gone through the relevant provisions of the maharashtra court fees act, suit valuation act and the code of civil procedure. 6. ..... is only in cases where it appears to the court on a consideration of the facts and circumstances of the case that the valuation is arbitrary, unreasonable and the plaint has been demonstratively undervalued, the court can examine the valuation made by the plaintiff by an inquiry and may direct proper valuation of the suit for purposes of jurisdiction of the court and payment of court fees. ..... venkatachalam chettiar that in a suit for declaration with consequential relief falling under section 7 (iv) (c) of the court fees act, 1870, the plaintiff is free to make his own estimation of the reliefs sought in the plaint and such valuation both for the purposes of court fee and jurisdiction has to be ordinarily accepted ..... in suits for the possession of land, houses, and gardens mentioned in paragraph (v) in section 6 of the bombay courtfees act, 1959 ( ..... of fees payable in certain suits is provided under section 6 of the maharashtra courtfees act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... statutes which provide for rule making and regulation making without any added requirement of transparency, we would exhort parliament to take up this issue and frame a legislation along the lines of the us administrative procedure act (with certain well-defined exceptions) by which all subordinate legislation is subject to a transparent process by which due consultations with all stakeholders are held, and the rule or regulation making power is exercised after ..... consider the submissions of the petitioners that the state government has failed to take into consideration the objections raised by the petitioners and that the inquiry contemplated under the provisions of section 37 of the said act, required, that the state government ought to have taken into consideration each and every objection raised by the petitioners objecting to the modifications as proposed by the corporation and no proper opportunity of hearing was given ..... the case of bhikubhai vithlabhai patel and others (cited supra), their lordships, while interpreting the words is of opinion and are necessary as could be found in section 17(1) (a)(ii) of the gujarat town planning and urban development act, 1976, observed that the court was entitled to examine whether there has been any material available with the state government and the reasons recorded, if any, in the formation of opinion and whether they ..... reported in (1987) 3 scc 34; rajasthan housing board .vs. ..... sukhdev singh reported in air 1961 sc 493; bachhittar singh .....
Tag this Judgment!Court : Mumbai Nagpur
..... writ petition no.4433 of 1998 to the effect that "the fundamental and legal right of the citizens of pune of submitting objections and suggestions to any modification in the final development plan u/s 37 of the act has been infringed", and that was solely on account of the developer being a close relation of the then chief minister who was also the minister for urban development which controls the appointments of a municipal ..... granted permission under section 269(u1) of the income-tax act, 1961, for use of fsi but subject to approval ..... that much could have been said about the manner in which the joint charity commissioner disposed of the application under section 36 of the bombay public trust act, just before his retirement, but then it was not sufficient to set at naught sanction accorded by him, particularly when construction of building was almost ..... the constitution bench also observed that if the delay is more than the period prescribed for filing a suit then the same would ordinarily be treated as unreasonable and the high court will be fully justified in using discretion ..... while considering the aspect of deletion of reservation, hon'ble apex court holds that under sub-section (1) of section 50 of the mrtp act, the appropriate authority defined u/s 2(3) has to be satisfied that the land is not required for the public purpose for which it is reserved, "appropriate authority" is a public authority on whose behalf the ..... hon'ble apex court in the case of state of rajasthan and ors. vs. .....
Tag this Judgment!Court : Mumbai Nagpur
..... raised by the tenant that he became the owner of the suit field on april 1, 1961 under section 46 of the said act and dismissed the application. ..... in the aforesaid decision, the question involved was whether vesting of ownership of the field in question with the tenant by virtue of section 46 of the said act with effect from april 1, 1961 was affected by subsequent enactment of sub-section (14a) by act no.2 of 1962, brought into force with effect from march 1, 1962, the apex court held that the amendment introduced did not have retrospective effect, as the respondent no.1 became statutory ..... sections 46 and 49a in chapter iii of the said act, the objects and reasons of maharashtra act no.2 of 1962, and the decisions of the apex court and of this court, cited supra, to the extent relevant for this case, can be briefly summarized as under: (a) by virtue of sub-section (1) of section 46 of the said act, the tenant in cultivating possession of the land as on 1-4-1961 becomes statutory owner of the said land with effect from ..... though by virtue of sub-section (1) of section 46 of the said act or by virtue of sub-section (1) of section 49a of the said act, the tenant becomes the statutory owner of the land under his personal cultivation as on 1st of april, 1961 or 1st of april, 1963, as the case may be, if such transfer becomes invalid on account of failure to obtain a certificate of purchase under sub-section (8) of section 43, the provision of clause (a) of section 120, reproduced .....
Tag this Judgment!Court : Mumbai Nagpur
..... and another, reported in air 1977 sc 915, the question of constitutional validity of the provisions of the maharashtra agricultural lands (ceiling on holdings) act, 1961 was considered on the touchstone of the proviso to clause (1) of article 31a of the constitution of india and the validity was upheld. ..... jehan begum, (c) bhagwan das, (d) premji nathu, and (e) madan and another, cited supra, the following principles emerge- (i) in the cases falling under clause (a) of the proviso below subsection (2) of section 18 of the land acquisition act, if the person making the reference ( the claimant ) was present or represented before the collector at the time when the award is made, it can be said to be made when it is so pronounced and the period of limitation ..... placed upon exhibits 28 and 29, which are the letters said to have been issued by the tahsildar in the office of collector of stamps and valuation at chandrapur, which show the consideration of rs.15,000/for sale of 278.73 sq.mtrs ..... that the reference under section 18 of the said act for enhanced compensation can be legitimately sought by the claimant, in whose favour the order of apportionment is passed either by the court in reference under section 30 of the said act, or in the civil suit, as the case may be. ..... state of rajasthan and others, reported in (2013) 3 scc 764, the apex court has explained the doctrine of eminent domain to mean that it is the right or power of a sovereign state to appropriate the private property within .....
Tag this Judgment!Court : Mumbai Nagpur
..... petitioner, a society registered under the provisions of societies registration act, and a public charitable trust, registered under the provisions of maharashtra public charitable trust act, 1950, has questioned the rejection by respondents of its prayer to grant it approval under section 35[1][ii] of the income tax act, 1961 (hereinafter referred to as the 1961 act ? ..... it was granted approval by respondent no.1 under section 35[1] [ii] of the 1961 act, and it accordingly fulfilled all the terms and conditions therefor. ..... section 35 of the 1961 act is on expenditure on scientific research ..... section 2[17] of 1961 act is further pointed out with stand that a company is not entitled to deduction under clause 1, unless it enters into an agreement with prescribed authority for cooperation in such research and development facilities and for audit of ..... , even on this count, it is observed that petitioners do not satisfy the prescribed conditions of approval in section 35[1][ii] of the 1961 act. 27. ..... director of income tax (supra), looks into the exemption provision of section 10[21] of the 1961 act. ..... nusserwanji parekh), which considers provision exemption in section 10[22] of the 1961 act. ..... director of income tax), the delhi high court has looked into provisions of section 10[21], as also section 35[1][ii] of the 1961 act. ..... and thus, there is sufficient compliance with section 35[1][ii] of the 1961 act. ..... in and distinction between them as envisaged under section 35[1][ii] of the 1961 act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... subsection (2) if the high court is of opinion- (a) that on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under the constitution or this act or the government of union territories act, 1963 (20 of 1963); or (b) that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent; or ..... of the court, where the matter is pending, (iv) the fact that the charge/charges were framed against the respondent no.1 prior to the date of delivery of nomination paper under section 33 of the said act in respect of the offence/offences alleged against him along-with the specific date of framing of charge/charges by the court of competent jurisdiction, and (v) the fact that there is a failure to disclose ..... not qualified or is disqualified for being chosen to fill the seat under any of the following provisions that may be applicable, namely:-- articles 84, 102, 173 and 191, part ii of this act and sections 4 and 14 of the government of union territories act, 1963 (20 of 1963); or (b) that there has been a failure to comply with any of the provisions of section 33 or section 34; or (c) that the signature of the candidate or ..... of election rules, 1961 prescribes that the affidavit ..... rule-4 of the conduct of elections rules, 1961 prescribes that every nomination paper presented under section 33(1) shall be completed in such one .....
Tag this Judgment!Court : Mumbai Nagpur
..... the prayer is, as bank and recovery officer failed to comply with the mandatory provisions of rules 48, 49, 50 and 52 of second schedule appended with the income tax act, 1961, and did not adopt fair and proper procedure, the sale of subject property by auction, be quashed and set aside and property should be restored back to the ..... ), the hon'ble apex court has held that there has to be application of mind to the valuation report by the court while approving/accepting the report of the approved valuer and fixing reserved price. ..... when attachment of property and issuance of sale proclamation was done without notice to him, and valuation of property was also not done, the hon'ble apex court has found sale to ..... that the provisions in second and third schedule of the income tax act, 1961 and income tax (certificate proceeding) rules, 1962 as in force from time to time shall, as far as possible, apply with necessary modifications as if the said provision and rule referred to amount of debt due under the 1993 act, instead of income tax. ..... if banks and financial institutions are made to face another round of litigation in the form of civil suit- after consideration of the claim to attachment and sale then it will become impossible for them to recover and realise ..... if outcome of such investigation is made subject to another round of litigation by way of civil suit, then the very purpose of establishing tribunals and creating machinery for speedy and expeditious recovery of public monies would .....
Tag this Judgment!Court : Mumbai Nagpur
..... and stands so declared by a competent court; (d) has been physically unfit and incapable of discharging functions due to protracted illness or physical disability; (d-1) has wilfully omitted or refused to carry out the provisions of this act or has committed breach of any of the terms and conditions of the service contract or any other conditions, prescribed by the state government under sub-section (3) of section 11 or has abused the powers vested in him ..... chancellor occurs temporarily because of leave, illness or other causes ; (d) where the term of vice-chancellor has expired ; or (e) where there is any other emergency ; the chancellor may appoint any suitable person, to act as the vice-chancellor for a [term not exceeding twelve months], in the aggregate as he may specify in his order : provided that, the person so appointed shall cease to hold such office on the date ..... having observed thus, the apex court held that on a consideration of the primary meaning of the word statement and the various sections of the act, it was clear that the statement under section 157 means only something that is stated and the element of communication to another person is not necessary before something that ..... sharma reported in air 1961 supreme court 1523:- it is true that the act does not define who would be a suitable person but we do ..... state of rajasthan and others ..... person against whom suits or proceedings or prosecution shall lie for anything done or ordered to be done under the act. 44. .....
Tag this Judgment!Court : Mumbai Nagpur
..... under section 8 of the suits valuation act, 1887 it is provided that where in suits other than those referred to in paragraphs (v), (vi) and (x) and clause (d) of paragraph (xi) in section 6 of the bombay court fees act, 1959 courtfees are payable ad valorem under the bombay courtfees act, 1959 the value as determinable for the computation of courtfees and the value for purposes of jurisdiction shall be the same. ..... it must reflect as to how the suit is valued under the suit valuation act and rules framed thereunder for the purpose of jurisdiction of the court and furthermore, as to how the suit is valued under the maharashtra court fees act for the payment of court fees payable under the relevant and appropriate provisions thereof. 9. ..... i have gone through the relevant provisions of the maharashtra court fees act, suit valuation act and the code of civil procedure. 6. ..... venkatachalam chettiar that in a suit for declaration with consequential relief falling under section 7 (iv) (c) of the court fees act, 1870, the plaintiff is free to make his own estimation of the reliefs sought in the plaint and such valuation both for the purposes of court fee and jurisdiction has to be ordinarily accepted. ..... in suits for the possession of land, houses, and gardens mentioned in paragraph (v) in section 6 of the bombay courtfees act, 1959 (bom. ..... computation of fees payable in certain suits is provided under section 6 of the maharashtra courtfees act. .....
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