Court : Mumbai
Reported in : 2007(4)BomCR752
..... counsel appearing on behalf of the corporation submitted that the water tax was part of the property tax which is evident from the provisions of section 140 of the mumbai municipal corporation act, 1888 and, as such, water tax could be levied irrespective of whether water was actually consumed by the consumer or not. ..... repairs could not be completed and, therefore, petitioners submitted fresh amended plans and completed repairs/reconstruction of the building. ..... (ii) whether the water benefit tax, as envisaged under section 140(a)(ii) of the said act, could be levied irrespective of the actual consumption of water since it pertains to maintenance ..... such levy could not be imposed in view of provisions of sections 140 and 141 read with sections 169 and 279 of the said act and rules which were framed under the provisions of section 169. ..... with each other, in my view, it is essential to refer this matter before the larger bench to consider the following issues:(i) whether the corporation has a power to levy tax under section 140(a)(i) of the said act on the actual supply of water? ..... municipal corporation act, particularly section 132 of the said act, has held that the water tax could be levied in respect of the premises not only where the premises are connected by means of municipal pipes or government water pots but also where ..... petitioners' counsel shri narula has made a statement that he will press this petition only on the question of levy of water tax which is shown ..... : 1983(1)bomcr262 .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(3)ALLMR483; 2007(4)BomCR867
..... a suit was filed by the plaintiff/respondent for specific performance of contract and by amending the plaint, the plaintiff also sought the possession of the suit property.3. ..... the trial court ought to have applied the tests laid down under section 20 of the specific relief act, 1993 while exercising the discretion in favour of the plaintiff by considering the question as to whether it would be fair, just and equitable to grant the relief. ..... since the borrowers were demanding their money, the defendant approached the plaintiff through her relative shri suryabhan bagde for a hand loan and the defendant was advanced a hand loan of rs. ..... moreover, there is no whisper in the oral evidence of the plaintiff and the attesting witness shri suryabhan bagde that the document was indeed executed before the notary on 30.7.2002. ..... on the basis of the amended plaint, the counsel for the respondent submitted that the relief of possession should also follow the relief of specific performance of contract and for the aforesaid submission, the counsel for the respondent relied on a ..... according to the respondent, the suit could not be said to be a premature suit and to substantiate the aforesaid submission, the counsel for the respondent relied on the judgments reported in air 1983 all310. ..... shri c.f. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2007)106ITD193(Mum.)
..... under section 115j(1a) by the direct tax laws (amendment) act, 1989 with effect from the asst. yr. ..... , the bench has fairly referred the following question to the hon'ble president for constituting a special bench: whether, on facts and in law, the assessee, while computing book profits under section 115ja of the it act, 1961, is entitled to reduce the net profit as per p&l a/c by- (i) the profits eligible for deduction under section 80hhc actually computed under clauses (a), (b) or (c) of sub-section (3) or sub-section (3a) as the ..... impasse, the direct tax laws (amendment) act, 1989 brought in expln. ..... decision is that if an assessee is not found eligible for deduction under section 80hhc for want of profits when computed under the regular provisions of the it act, then the assessee would not be entitled for the deduction under section 80hhc, even if for the purpose of taxation, a higher amount is conceived under section ..... deduction under section 80hhc was available on the basis of the adjusted book profit but this position has been amended through the modifications brought in by section 115ja and further strengthened by the explanation brought under section 115jb. ..... appeared for the revenue along with the standing counsel sought to reply the contentions advanced by the counsel appearing for the assessee and the interveners.shri mishra explained that no word or expression embedded in an enactment is redundant or superfluous. ..... in 1983, a new section 80wa was inserted in the act so that .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(3)BomCR821; 2007(4)MhLj280; [2007]76SCL108(Bom)
..... learned counsel submits that the substantial question in the suit between the plaintiff and the defendants is that whether the premises is exempted from the provisions of the maharashtra rent act with other allied issue as to the status of the sub-tenant who is in occupation of the suit premises cannot be gone into and decided in the winding up ..... not apply to the premises let or sub-let to banks, or any public sector undertakings or any corporation established by or under any central or state act, or foreign missions, international agencies, multinational companies and private limited companies and public limited companies having a paid up share capital of rupees one crore or more and therefore, submits that a tenant such as the ..... is that notwithstanding the fact that the maharashtra rent act is not applicable to the suit premises, still the suit has to be filed under section 33 of the said act to seek possession of the tenanted premises from the tenant and as such it was obligatory on the part of the applicant to amend the existing suit being r.a.e. ..... shridhar jagannath naurkar : 2005(1)bomcr839 , to contend that the landlord can file second suit for eviction under the general law that is under the transfer of property act against the tenant who does not have protection of the maharashtra rent act, notwithstanding, the previous suit filed by the landlord for eviction of tenant under the provisions of the bombay rent act is pending since the cause of action for both suits are .....
Tag this Judgment!Court : Mumbai
Reported in : (2008)1CompLJ111(Bom); [2008]81SCL416(Bom)
..... said judgment of bansidhar shankarlal's case {supra) is reiterated by the apex court in the case of state of jammu & kashmir (supra).learned counsel appearing for the applicant relying on the various provisions of the companies act, reference to which is made in the later part of the judgment, urged that the view of the kerala high court may be a good view for the purposes of assessment of super profits tax under the ..... view of the matter since the interest of third party is involved, which cannot be decided by this court, as such this is a fit case for grant of leave under section 446 of the companies act with liberty to the applicant herein to proceed with the eviction suit.learned counsel appearing for the applicant relies upon the apex court judgment in the case of smt. ..... the fact that the maharashtra rent act is not applicable to the suit premises, still the suit has to be filed under section 33 of the said act to seek possession of the tenanted premises from the tenant and as such it was obligatory on the part of the applicant to amend the existing suit being rae suit ..... shridhar jagannath naurkar : 2005(1)bomcr839 , to contend that the landlord can file second suit for eviction under the general law that is under the transfer of property act against the tenant who does not have protection of the maharashtra rent act, notwithstanding, the previous suit filed by the landlord for eviction of tenant under the provisions of the bombay rent act is pending since the cause of action .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR401; 2006(6)BomCR673
..... (i) the first submission is that under the maharashtra private security guards (regulation of employment and welfare) (amendment) act, 1981 ('the said act' for short), as it stood prior to this amendment and as it was interpreted by the courts, the agencies or the contractors were not permitted to provide the security guards and that the employment of the security guards who ..... for the petitioners that prior to the passing of the impugned amended act, there was no scope for the security agencies to provide ..... the second submission of the petitioners is that the amending act is repugnant to the provisions of contract labour (regulation and abolition) act, 1970, it has not been reserved for the assent of the president and, therefore, the same may be declared unconstitutional on the touch-stone of ..... after consulting the advisory committee, by notification in the official gazette, and subject to such conditions and for such period as may be specified in the notification, exempt from the operation of all or any of the provisions of this act or any scheme made thereunder, all or any class or classes of security guards employed by the agency or agent as may be specified in the notification and deployed in any factory or establishment or in any class or classes of ..... will not be enforced against those petitioners till the end of january 1983 and that the government should dispose of those applications by that date ..... inference from the affidavit of one shri rajadhyaksha filed on behalf of the .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(3)ALLMR690; 2007(1)MhLj782
..... the exceptions to maintainability of suit as were recognized and carved out while interpreting section 244 of old civil procedure code of 1882, as well as section 47 of civil procedure code in vogue as it stands after amendment, have not been done away.a claim in a suit a claim that 'the decree has been obtained by fraud or that the decree is nullity and is in-executable is still open for adjudication in a separate suit' emerges to be the ratio ..... crucial observation in this court's order dismissing second appeal is inter alia in para 3 reads which as follows:other objection raised by shri deshpande is that the suit plot does not remain now and the said decree is not executable. ..... 521 of 1979 is nullity as the subject-matter of suit property was vested in nagpur improvement trust in the year 1983 itself, and the decree cannot be executed insofar as the plot no. ..... the scheme is to prevent multiplicity of litigation, nevertheless, in-built limitations of the executing court which have to be judicially recognized, have been left untouched even by amendments to section 47 of civil procedure code. ..... therefore as per the provisions of section 48 of transfer of property act, the subsequent sale deeds dated 10-10-1972 in favour of the appellants do not create ownership rights in favour of the appellants. ..... jagannath (dead) by lrs. ..... 189 was hit by section 52 of the transfer of property act etc. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)ALLMR800
..... substantive complaint, the jurisdictions have been compartmentalised inasmuch as the labour court has no jurisdiction to entertain complaints other than complaints falling under item 1 of schedule iv of the 1971 act and conversely, the industrial court has been given powers to entertain complaints in all other matters, it does not mean that the industrial court, while exercising jurisdiction within the sphere legitimately ..... 'this doctrine of restitution also supports the case of the workmen that pending hearing and disposal of their complaints invoking, inter alia, item 6 of schedule iv of the 1971 act, their complaints could not have been scuttled by their unceremonious removal from service and, therefore, the industrial court should have exercised jurisdiction to interfere with the orders of termination ..... by reason of section 5(b), it has no jurisdiction to entertain a complaint relating to unfair labour practices falling under item 1 of schedule iv of the 1971 act; conversely, a complaint of unfair labour practice falling only under item 1 of schedule iv can be entertained by the labour court, but not any other complaint ..... industrial court has found that employees junior to him with ticket number 4405 ( shri bhurey), ticket number 4413 ( shri dadilwar), 4415 shri dhande, ticket number 4410 shri londe, ticket number 4351 shri chavare, ticket number 4352 shri bisne, ticket number 4453 shri gotmare and ticket number 4374 shri borkar were made permanent. ..... because of amendment in view .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR485; 2006(6)BomCR626
..... we may now refer to the provisions of the national commission for minority educational institutions act, 2004 and the national commission for minority educational institutions (amendment) ordinance rule, 2006. ..... is set out in affidavit that in order to acquire minority status, the institution has to make an application under section 3(2) of the said act and or to make an application as per the resolution dated 17.07.2002 issued by the education department. ..... the petitioner has chosen not to amend the petition and to incorporate any additional challenge other than what was already prayed for ..... if the institution has already been granted minority status under section 3(2) of the act, then it is necessary to fill the form as required under the said ..... 1 and 2 are minority institution by virtue of section 3 of the act, the provisions of the act do not apply to the recruitment of the head of the minority school and of the persons not exceeding three who are employed in the school and whose names are notified by the management to the ..... 1 was initially registered as a society under societies' registration act, 1860 on 26.04.1938 with the registrar of joint stock companies for sindh (now in pakistan ..... it is pointed out that in the year 1983, the respondent no. ..... the kamla high school was founded in the year 1908 at hyderabad sind (now in pakistan) by shri pribhadas advani. ..... 2728 of 1983 the respondent nos ..... 2728 of 1983 against the government of maharashtra and others ..... of 1983.10. ..... on 31.05.1983. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006CriLJ3779
..... if it is a document which is not his statement conveying his personal knowledge relating to the charge against him, he may be called upon by the court to produce that document in accordance with the provisions of section 139 of the evidence act, which, in terms, provides that a person may be summoned to produce a document in his possession or power and that he does not become a witness by the mere fact that he has produced it; and therefore, he cannot be ..... the point which fell for the consideration of the hon'ble supreme court was (1) whether section 27 of the indian evidence act was violative of article 14 of the constitution, and (2) the impressions of the appellant's palms and fingers were taken from him after his arrest which were compared with the impressions of the ..... therefore, the observation of this court in sharma's case : 1978(2)elt287(sc) that section 139 of the evidence act has no bearing on the connotation of the word 'witness' is not entirely well-founded in law. ..... the case of the petitioner that the original writing was dated 27th july, 1983, however, the said portion was removed by respondent no. ..... jagannath (dead ..... the old act is equivalent to section 91 of the new act of 1973.18 ..... the view that the submissions of the learned senior counsel, shri a. g. ..... is not prepared by him and it does not convey his personal knowledge relating to the charge against him, then in such a case he can be compelled to produce that document in accordance with section 139 of the evidence act.15. .....
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