Court : Mumbai Goa
..... . in the case of ishwar chandra (supra), the motor accident had occurred after deemed 30 days grace period provided for under proviso to section 15(1) of the act, after expiry of licence but before renewal application had been filed. considering the judgment in the case of swaran singh (supra), and the judgment in the case of national ..... the policy conditions would apply the rule of main purpose and the concept of fundamental breach to allow defences available to the insurer under section 149(2) of the act. insurer may escape liability only if it can make out a case of willful infringement or violation of policy by insured, by cogent evidence, if it is ..... observed thus: 110. the summary of our findings to the various issues as raised in these petitions is as follows: (i) chapter xi of the motor vehicles act, 1988 providing compulsory insurance of vehicles against third-party risks is a social welfare legislation to extend relief by compensation to victims of accidents caused by use of motor .....
Tag this Judgment!Court : Mumbai
..... the notifications 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 service means ..... no.30/2012 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 tax, ..... of the state and advocates are part of the same, then, they cannot be said to be rendering any service and of the nature envisaged by the service tax act/finance act. legal profession has not been understood from times immemorial as a profit making activity or venture. it is not a business or trade. it is a solemn duty which .....
Tag this Judgment!Court : Mumbai
..... of 40% civilians was accepted, the whole complexion of the society had changed and total number of members had risen up to 71. it is alleged that smt. seema vinod sharma, sister-in-law of accused no.1 got membership in the society pursuant to the inclusion of civilians and she was allotted a flat in the society. it ..... the conspiracy. therefore, he could not have been convicted for the offence punishable under section 13(2) r/w 13(1)(d) of the prevention of corruption act for the acts committed by accused no.3. what is further pertinent to note here is that accused no.3 in the said case was also convicted for the offence punishable under ..... section 13(2) r/w 13(1)(d) of the prevention of corruption act. accused no.3 had allegedly misappropriated certain gold belonging to chottanikkara bhagavathy temple, administered by cochin devaswom board. accused no.3 was working as devaswom officer. the allegations .....
Tag this Judgment!Court : Mumbai
..... had understood the contents who answered in affirmative. only after the sub-registrar was satisfied of compliance of conditions of section 41(2) of the registration act, 1908, the sub-registrar had registered the will. such register will thus cannot be declared as invalid merely because the appellants have made some vague allegations ..... unknown that registration may taken place without the executant really knowing what he was registering. law reports are full of cases in which registered wills have not been acted upon (see, for example, vellasaway sarvai v. l. sivaraman servai (), surendra nath lahiri v. jnanendra nath lahiri manu/wb/0025/1932 : air1932cal574 and girji ..... not only the execution but also attestation and the registration of the will which was done after complying with the requisite procedure under the provisions of registration act. the judgment of the supreme court in case of bhagwan kaur (supra) relied upon by mr.almeida, learned counsel is distinguishable with the facts of .....
Tag this Judgment!Court : Mumbai
..... had understood the contents who answered in affirmative. only after the sub-registrar was satisfied of compliance of conditions of section 41(2) of the registration act, 1908, the sub-registrar had registered the will. such register will thus cannot be declared as invalid merely because the appellants have made some vague allegations ..... unknown that registration may taken place without the executant really knowing what he was registering. law reports are full of cases in which registered wills have not been acted upon (see, for example, vellasaway sarvai v. l. sivaraman servai (), surendra nath lahiri v. jnanendra nath lahiri manu/wb/0025/1932 : air1932cal574 and girji ..... not only the execution but also attestation and the registration of the will which was done after complying with the requisite procedure under the provisions of registration act. the judgment of the supreme court in case of bhagwan kaur (supra) relied upon by mr.almeida, learned counsel is distinguishable with the facts of .....
Tag this Judgment!Court : Mumbai
..... or working as casuals, were engaged in the manufacturing process was not in dispute. 21. here the provisions of section 80 ia (2)(v) of the income tax act employs two phrases; first one is "industrial undertaking" and the second is "manufacturing process". this clause (v) considers the industrial undertaking which manufactures or process articles or ..... in case of south arcot dist. co.op marketing society ltd. (supra), has considered the provisions of section 14(3)(v) of the indian income tax act, 1922. the exemption provided for, was found to be with a view to encourage the cooperative societies to construct warehouses which were likely to be useful in ..... november, 1999, but the assessee choose not to file return and disclose that income. 10. she invites attention to the amendment effected in 2009 to the income tax act,1961, vide section 2(29ba) where the parliament has added the definition of phrase "manufacture". she contends that sweeper, clerk, peon are not involved in any manufacturing .....
Tag this Judgment!Court : Mumbai Nagpur
..... the owner of the vehicle, i.e. respondent no. 4, did not take care to discharge his responsibility, as envisaged in section 5 of the motor vehicles act. he, therefore, submits that the insurance company has proved the fact that the vehicle was driven without permission of the owner. 6. learned counsel for respondents 1 ..... pay compensation on account of breach of policy conditions? 5. learned counsel for the appellant relying upon the provisions of sections 3 and 5 of the motor vehicles act, 1988 submitted that the insurance company has established breach of conditions of policy in this case and, therefore, the tribunal ought not to have fastened any liability ..... driving of the scooter by respondent no. 5, which was owned by respondent no. 4. therefore, they filed an application under section 166 of the motor vehicles act, 1988 claiming compensation for the loss occurred to them due to accidental death of their family provider. 3. the application was contested by the appellant as well as .....
Tag this Judgment!Court : Mumbai Aurangabad
..... specified in clause (i) of sub section (1) of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, and (bb) when a divorce is ..... petitioner-husband challenging the order passed by principal judge, family court, aurangabad in petition c-4 of 1996 under sections 18 and 20 of hindu adoption and maintenance act 1956. learned counsel for petitioner-husband has submitted that appeal deserves to be allowed by setting aside the judgment and decree passed by the learned in charge judge ..... join the company of petitioner-husband. learned counsel further submitted that learned judge of family court has misconstrued and misinterpreted the provisions of section 23 of the said act and thereby arrived at an erroneous conclusion. in fact, the family court ought to have granted decree for divorce on the sole ground that there has been .....
Tag this Judgment!Court : Mumbai Goa
..... ltd vs. commssioner of income-tax and another, reported in (2008) 307 itr 312(sc), to point out how apex court has considered the provisions of companies act and gift tax act, and explained different meaning of phrases "transfer", "allotment" and "creation" etc. he pointed out that the genuineness of the transaction between assessee and its sister ..... and therefore attracts gift-tax under section 4(1)(a) read with section 2(xxiv)(d) of the gift tax act, 1958?" however during the arguments, it is not disputed that answer to second question is contingent upon the first question and accordingly, parties have advanced arguments only ..... the quoted rate of shares amounts to excess payment, without consideration and therefore deemed to be gift made under section 4(1) (a) of the gift tax act 1958? b) whether on the facts and in the circumstances of the case the purchase of shares by the assessee over and above the quoted rate without consideration .....
Tag this Judgment!Court : Mumbai Nagpur
..... actio personalis moritur cum persona' depends upon the `relief claimed' and the facts of each case. by and large the industrial disputes under section 2 a of the act relate to the termination of services of the concerned workman. in the event of death of the workman during pendency of the proceedings, the relief of re-instatement, ..... judgment, the hon'ble supreme court has laid down that expanding the definition of workman as per the provisions of section 2(s) of the industrial disputes act would confer the right on the legal heir of the deceased employee to obtain appointment on compassionate grounds subject to the fulfillment of the conditions prescribed for that. ..... on compassionate grounds could not have been considered immediately after the death of shri puranlal as he was below 18 years and as per the provisions of mines act 1952 he could not have been given the employment. it is submitted that the tribunal has not considered these aspects and therefore, the order passed by it .....
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