Judgment Search Results Home > Cases Phrase: special marriage act 1954 chapter i preliminary Court: mumbai Page 1 of about 109 results (0.091 seconds)

Bilquis ZakiuddIn Bandookwala and Others Vs. Shehnaz Shabbir Bandukwal ...

Court : Mumbai

..... view of the first clause of section 21 of the special marriage act, 1954 being a nonobstante clause so far as it relates to sections 57 and 58 of the indian succession act, the effect of the marriage of the deceased with the defendant would be that his succession would be governed under the indian succession act. ..... registration of the marriages under the special marriage act, 1954, are set out in section 21 of the act thus:"21. ..... he would be treated on par with persons of other communities, married under the special marriage act and hence the rigours of the indian succession act applicable to such wills would also apply to the deceased. mr. ..... succession to property of parties married under act._ notwithstanding any restrictions contained in the indian succession act, 1925, with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this act and to the property of the issue of such marriage shall be regulated by the provisions of the said act and for the purpose of this section that act shall have effect as if chapter ii of part v (special rules for parsi intestates) had been omitted ..... of section 29 of the indian succession act, reads thus:"part v inteste succession chapter i preliminary29. ..... chapter ii therein deals with rules in cases of intestates other than parsis shown in sections 31 to 40 of the indian succession act ..... of section 57 reads thus: "part vi testamentary succession chapter i introductory57. .....

Sonia Kunwar Singh Bedi Vs. Kunwar Singh Bedi

Court : Mumbai

..... marriage laws amendment act, by which section 28(4) of the hindu marriage act was amended, was obviously to give a larger period of limitation for the parties aggrieved by the orders passed in matrimonial cases under the hindu marriage act and the special marriage act ..... under the hindu marriage act and the special marriage act was raised from 30 days to 90 days by the act. ..... have been brought about, as per the marriage laws amendment act, 2003, that the period of limitation prescribed must be enhanced not only for appeals under section 28(4) but also under section 39 of the special marriage act. ..... observations: "the learned counsel for the applicant has drawn the attention of this court to the amendment to the hindu marriage act, 1955 which has been incorporated by the marriage law (amendment) act, 2003 and notified in the official gazette on 23.12.2003 wherein it is provided under section 5, that in section 28 of the hindu marriage act, in sub-section (4), for the words "period of thirty days", the words "period of ninety days" shall ..... (4) the high court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the family court situate within its jurisdiction passed an order under chapter ix of the code of criminal procedure, 1973 (2 of 1974) for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and, ..... view thereof, we reject the preliminary objection and hold that there is .....

Sandoz Private Limited and Another Vs. The Union of India, through the ...

Court : Mumbai

..... to time, formulate and announce, by notification in the official gazette, the foreign trade policy and may also, in like manner, amend that policy: provided that the central government may direct that, in respect of the special economic zones, the foreign trade policy shall apply to the goods, services and technology with such exceptions, modifications and adaptations, as may be specified by it by notification in the official gazette. 23. a bare perusal ..... dated 20th april, 2012, 20th october, 2012 and 4th february, 2013, vide which three ted refund claims were made were filed in the office of the development commissioner, seepz, special economic zone for the period/quarters january-march, 2012, july-september, 2012 and october-december, 2012 in accordance with paragraph 8.5 of the ftp ..... chapter 1 of this act contains the preliminary provisions in which appears section 2 ..... . the proviso to section 5 clarifies that the central government may direct that, in respect of the special economic zones, the foreign trade policy shall apply to the goods, services and technology with such exceptions, modifications and adaptations, as may be specified by it by notification in ..... relevant terms, including the words import and export what is then pointed out is that the import and export in relation to the goods, services and technology regarding special economic zone or between two such zones shall be governed in accordance with the provisions contained in the special economic zones act, 2005. 22. .....

Roma International Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2004)(174)ELT83Tri(Mum.)bai

..... , we are of the view that any goods which conforms to the description "compact fluorescent lamps falling under chapter 85 of the first schedule to the customs tariff act, 1985" and originating in or exported from the specified countries would attract antidumping duty at the specified rates ..... gir is an integral part of the same custom tariff act, 1985 under which (section 9a) anti-dumping duty is also levied and therefore, there is no reason to doubt its applicability specially when the product coverage under the notification is with specific reference to chapter 85 of the customs tariff.7. ..... certain lamps may contain both a gas and a vapour producing substance.he also cites from the explanatory notes to the hs the following:- "in some cases the internal wall of the lamps is coated with special substances which transform the ultra-violet rays into visible light thus increasing the efficiency of the lamps (fluorescent lamps). ..... cfl falling under sub-heading 8539.31 while referring to the preliminary findings of the designated authority. ..... rules (gir) are integral part of the customs tariff and the classification of a product in a particular chapter or heading depends not only on the terms of the heading, section and chapter notes but also on the rules of interpretation. ..... in our view, an incomplete, unfinished, unassembled or disassembled cfl satisfying the strict criteria laid down in gir 2(a) will get classified as cfl under chapter 85 and would, therefore, attract antidumping duty. .....

Ashok Organics Industries Ltd. Vs. Dena Bank and ors.

Court : Mumbai

Reported in : [2007]135CompCas203(Bom)

..... take cognisance of such an application during the pendency of the reference and pass necessary orders thereon as are permissible in law?52. prima facie, there being substance in the preliminary objection raised before me and having observed that the same cannot be brushed aside, it would not be appropriate on my part to deal with this company application further ..... to make an inquiry or to cause an inquiry to be made into any industrial company under sub-section (1) or, as the case may be, under sub-section (2), it may appoint one or more persons to be a special director or special directors of the company for safeguarding the financial and other interests of the company or in the public interest. ..... on a fair reading of the provisions contained in chapter iii of act 1 of 1986, and in particular sections 15 to 22, we are of the opinion that the plea put forward by the revenue is reasonable and ..... (5) the appointment of a special director referred to in sub-section (4) shall be valid and effective notwithstanding anything to the contrary, contained in the companies act, 1956 (1 of 1956), or in any other law for the time being in force or in the memorandum and articles of association or any other instrument relating to the industrial company, and any ..... maintainable because the petitioner is a company which has invoked the jurisdiction of board for industrial and financial reconstruction (bifr), the authority set up under the sick industrial companies (special provisions) act, 1985 (sica). .....

Mohansingh Tanwani and anr. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR2002Bom39; 2002(1)ALLMR818; 2001(3)BomCR285; 2001(3)MhLj339

..... order has been passed by following the procedure as laid down under section 313 of the municipalities act and it does not suffer from any infirmities, the councillors were given adequate opportunity by issuing a show cause notice addressed to the president, who, in turn, ought to have placed the show cause notice before every member by calling a special meeting and submitted a reply to the said show cause notice on behalf of the municipal council ..... on the other hand has taken a preliminary objection regarding the maintainability of the petition on the ground that the petitioner president has filed the petition in his individual capacity and there is no resolution passed by all the councillors authorising the president to file ..... the scheme of chapter xxiii provides for appropriate steps to be taken by the state government either through the director or the collector for proper functioning of the municipal council and for remedial measures in case the municipal council is found to be lacking in discharge of its duties or indulging in maladministration of its resources or acting contrary to any provisions of law. ..... article 154 in the said chapter lays down that the executive power of the state shall be vested in the governor and shall be exercised by him either directly or through officers subordinate to him in accordance with the constitution. .....

M/s. Ghodawat Energy Pvt. Ltd. Vs. The State of Maharashtra, Through t ...

Court : Mumbai

..... since the said pan masala containing tobacco is described in column (3) of the first schedule to the additional duties of excise (goods of special importance) act, 1957, during the relevant period of time, the petitioners have discharged ade at 18% on the sale of such pan masala containing tobacco. ..... we cannot brush aside the dictum in the case relied upon, particularly the state of bihar (supra) where the hon'ble supreme court emphatically declares that the ade act is also not a law made under and with reference to article 252 of the constitution, which article empowers the parliament to make a law with respect to any matter mentioned in list ii, if two or more states pass ..... however, even prior to its deletion in 2007, section 14 did not cover all tobacco products but only listed certain tobacco products as goods of special importance in inter-state trade and commerce as follows: unmanufactured tobacco and tobacco refuse covered under subheading no.2401.00 cigars and cheroots of tobacco covered under heading ..... she has submitted and consistent with the affidavit, particularly the preliminary objection therein, that just because the petitioners raise some issues of legality and validity of the levy does not mean that the statutory remedies should be given a go-by ..... , the rate of basic excise duty leviable on such tobacco products under chapter 24 of the central excise tariff act, 1985, was suitably increased with no change in total excise duty. ..... state of orissa 1954 scr 1. (12) .....

N.P. Karandikar (Since Deceased Through Legal Representatives Mandakin ...

Court : Mumbai

Reported in : 2006(4)BomCR520

..... under article 227 of the constitution an order passed by the competent authority on 7th october, 2004 declining to frame a preliminary issue in regard to the maintainability of proceedings under section 13a(2) of the bombay rents, hotel and lodging house rates (control) act, 1947 has been called into question. 3. ..... simultaneously, therewith the state legislature introduced 13a1 to provide for a special procedure for eviction in respect of premises given out on rent by members of the armed forces of the union; scientists or their successors-in-interest; and section 13a(2) which was to govern cases where a licensee in possession ..... section 43 of the act which forms a part of chapter vii specifically provides that in all suits, appeals and proceedings under the chapter, the small causes court shall as far as possible and except as otherwise provided follow the procedure prescribed by the code of ..... hand, it has been urged on behalf of the respondent that (i) section 44 of the maharashtra rent control act 1999 provides for a remedy of a revision before the state government and (ii) that under the provisions of section 43(5) of the aforesaid act, the competent authority is required to follow the practice and procedure of a court of small causes including the recording of evidence while holding an enquiry in proceedings to which chapter viii applies. ..... provides that the code of civil procedure, 1908 shall govern proceedings under chapter vii and is a statutory provision which must prevail. .....

Dr. Rajul Ketan Raj Vs. Reliance Capital Ltd. and Another

Court : Mumbai

..... the apex court has held that:- it is not difficult to see that sections 142 to 147 lay down a kind of a special code for the trial of offences under chapter xvii of the negotiable instruments act and sections 143 to 147 were inserted in the act by the negotiable instruments (amendment and miscellaneous provisions act, 2002 to do away with all the stages and processes in a regular criminal trial that normally cause inordinate delay in its conclusion ..... by the complainant and the witnesses, and also by the magistrate: provided that, when the complaint is made in writing, the magistrate need not examine the complainant and the witnesses- (a) if a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint; or (b) if the magistrate makes over the case for inquiry or trial to another magistrate under section 192: provided further that if ..... it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this act, be punished with imprisonment for [a term which may be extended to two years], or with fine which may extend to twice the amount of the cheque, or with both: provided that nothing contained in this section ..... section 142 serves as a safeguard against false and frivolous complaints and thus eliminates the need to hold a preliminary enquiry contemplated by section 202 cr.p.c. 36. .....

Vallabhdas Narayandas Vs. Municipal Committee of Akola

Court : Mumbai

Reported in : (1959)61BOMLR784

..... also by the said resolution passed-proposals for levying the said octroi tax and further resolved that the said proposals (referred to as rules in the resolution) be forwarded to the government for preliminary publication as required by section 67(2) of the act, the committee also passed a further resolution that draft rules for the assessment, collection and refund of the octroi tax be also forwarded to the state government for necessary action. ..... now to the contention raised on behalf of the petitioners about the contravention of sub-section (4) of section 67, it provides:the committee shall take the proposal and all objections received thereto into consideration at a special meeting, and may modify the proposals so as not to affect their substance, and may then forward them to the state government along with all objections received, its decisions thereon and its reasons therefor. ..... imposition, however, is to be subject to the provisions of other sections contained in chapter ix which relates to the imposition, assessment and collection of taxes. ..... the sub-division of this chapter into these parts and the powers conferred on the state government by the aforesaid sections clearly indicate that the intention of the legislature was to confer on the municipal committee only the power of imposition of a ..... chapter ix which relates to imposition, assessment and collection of taxes is sub-divided into four parts; first part relates to the imposition of taxes, section 67 falls within that .....