Judgment Search Results Home > Cases Phrase: special marriage act 1954 chapter i preliminary Court: mumbai Page 11 of about 109 results (0.067 seconds)

Salman Salim Khan Vs. The State of Maharashtra (Through: Bandra Police ...

Court : Mumbai

..... for examining that fourth person but so far as the prosecution is concerned when ravindra patil was not available for cross-examination and when his evidence was accepted under section 33 of the evidence act before the sessions court it was incumbent upon the prosecution to put forth before the court the factual aspects by way of direct evidence and only the evidence of kamal khan was the ..... whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death, or with imprisonment of either description for a term, which may extend to ten years, or ..... earlier in the preliminary paragraphs of this judgment this aspect has been dealt in detail as to in what manner the sessions court directed the denovo trial thus not accepting the evidence of all ..... matter was earlier heard before the judge of the bombay high court, that also on the directions of the apex court, subsequently the matter was transferred from the high court to the special court designated to try the cases under the prevention of corruption act. ..... and the provisions of chapter xviii and the provisions of sections 225 to ..... argument on behalf of the appellant, the following authorities are cited : 1) air 1954 sc 51 (habeeb mohammad vs. .....

E.S. Sanjeeva Rao Vs. Central Bureau of Investigation)(C.B.i.), Mumbai ...

Court : Mumbai

..... in para 16 above are answered as under:- questionsfindings(i) whether the regional providentfund commissioner while passing an order under section 7a is a judge within the definition under section 19 of the ipc and section 2 of the judges (protection) act, 1985?in the affirmative(ii) whether the averments madein the fir even if they are taken at its face value, constitute an offence?in the negative(iii) whether the prosecution of thepetitioner only on the basis of the order ..... government under section 197(1) of the code of criminal procedure is a condition precedent for court to take cognizance of the offence alleged in the private complaint against the judge of the high court in respect of his acts in the discharge of judicial functions and, in this context, full bench held that so far as the judges of the high court and supreme court are concerned the central government or the state government had no power ..... code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the chapter entitled "general exceptions", though those exceptions are not repeated in such definition, penal provision, or illustration. ..... we are not inclined to interfere in the matter mainly because the special leave petition is filed against an interim order passed by the bombay ..... that the order was passed on preliminary point. ..... king (air 1954 sc 455) and by the supreme court in shreekantiah .....

AmiruddIn and Other Vs. Mukhtar Jafarbhai Maulana Hasanali Saheb Chimt ...

Court : Mumbai

Reported in : 1992CriLJ3898

..... the said case, it was held that there was no intention to violate the order of the supreme court since in view of the provisions of chapter xvii of the income-tax act, 1961, a part of the amount directed to be paid by the supreme court to the contempt petitioner was withheld for being deducted towards payment of ..... although the supreme court held that the said case did not call for any action against the contemners in the said contempt petition before it under the contempt of courts act, 1971, it directed that the entry made by the deputy charity commissioner, nagpur regarding the trust being a public trust should be deleted forthwith not later than the ..... temporary injunction, pending the final disposal of this appeal, restraining the defendant, the lrs of hasan nurani, their agents, servants, employees or any one claiming through them in any capacity whatsoever, or acting in their name and on their behalf from dealing, selling, alienating, transferring, constructing, over the properties covered by deed ex. ..... contemner amiruddin, his agents, servants, employees or any one claiming through him in any capacity whatsoever, or acting in his name and on his behalf from dealing, selling alienating, transferring, constructing over the properties covered ..... their submissions styled as preliminary submissions before the learned single ..... arises and to which the above order of status-quo directed by the learned single judge of this court relates, is a special suit filed under section 8 of the m.p. ..... 1954 .....

A.G. Pol and anr. Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 1986(1)BomCR613

..... as to whether the opinion expressed, the recommendations made and the epithets given to the second respondent by the first petitioner while submitting his report to the second petitioner, fall within the scope of 'acting or purporting to act in the discharge of his official duty'.by the letter in question, the first petitioner drew attention of the second petitioner to certain documents, including the report of the dy. ..... holding that it does not, their lordships following the decisions in amrik singh's case (citation supra) and in the case of matajog dobey, reiterated the position that the act must bear such relation to the duty that the public servant could lay a reasonable but not a pretended or fanciful claim, that he did it in the course of the ..... the summonses issued to the petitioners, they appeared in the trial court and submitted an application raising some preliminary objections about the maintainability of the complaint. ..... chapter iii of the manual deals with 'works' and rule 197 of chapter iii, lays down that subject to the provisions of paragraph 190, no tender form maybe issued or contract given to any person, whose name is not borne on the register of approved contractors referred to in appendix 9, without ..... the petitioners, therefore, deserves to be quashed on this ground alone.further, as mentioned above, the only mode of publication of the allegedly defamatory statement attributed to the petitioners is production of the letter in court in special civil suit no. ..... 1954 .....

The Secretary, Mahad Municipality Vs. the Divisional Controller, Bomba ...

Court : Mumbai

Reported in : (1961)63BOMLR174

..... ;(vii) when the assessing tribunal, whether assessment committee or quarter sessions, has to make its own valuation in a contested case about a gross assessment, the tribunal, not being itself professionally skilled in valuation, must necessarily act on evidence, including expert evidence, and that evidence must be relevant; but, wherever the direct evidence test is not available, no fact which would, in all the actual circumstances of the case, tend to raise or lower ..... words in short do not mean the highest rent that can be extorted from the occupier-this is the case in which the rent is an extortionate rent fixed by reference to special necessities.he also pointed out the disparity between the valuations arrived at by the different modes by the assessment committee and, therefore, he adopted the 'contractor's test'. ..... it is then contended that actual rent or amount for occupation is not the measure under the act and reliance is placed on the observations of lord par-moor in the case of poplar assessment committee ..... a question arose as to whether in the ease of a tied house regard could be had to the special price which brewers might give, except so far as such special price might raise the market value generally. ..... the same clause, the right is subject to a preliminary procedure provided by section 60. ..... the next chapter provides for presentation of bills which begins with section ..... applications are in respect of assessments for the years 1953-54, 1954-55 and 1955-56, respectively. .....

M/S. Vodafone India Service Pvt. Ltd., (Formerly Known as 3 Global Ser ...

Court : Mumbai

..... any, that may be passed shall not be communicated to the petitioner till the next date of hearing; that on 5th october, 2012, the respondent's counsel raised a preliminary objection on the ground that the drp had already passed an order upholding the decision of the tpo and that the impugned order of the tpo had, therefore, merged ..... officer may compute the total income of the assessee having regard to the arms length price so determined: provided that no deduction under [section 10-a or section 10-aa or section 10-b] or under chapter vi-a shall be allowed in respect of the amount of income by which the total income of the assessee is enhanced after computation of income under this sub-section: provided further that where ..... of the proceedings, in case you have any further doubts or apprehensions or you hold any opinion which my lead to your recommending any adjustments under chapter x of the act, having regard to the various documents submitted by us or otherwise, then we would be grateful if your further questions or doubts are furnished to us so that we get adequate opportunity to ..... held that inspite of the alternate statutory remedies, the jurisdiction of the high court in entertaining a writ petition is not affected specially in cases where the authority against whom the writ is filed is shown to have no jurisdiction or had purported to usurp ..... ., (1954) scr 738 - air 1954 sc 207, the high court relied upon the ordinary rule of construction that where a legislature has passed .....

Grasim Industries Ltd Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... the learned counsel for the assessee submitted that royalty and tax are two separate things and are separately dealt with under the it act and one has to see the context in which the decision was rendered, before applying the same to the facts of a particular case.he referred to the decision of the supreme court in the case of cit vs.sun engineering ..... 143 or on regular assessment, as reduced by the amount of tax deducted or collected at source in accordance with the provisions of chapter xvii on any income which is subject to such deduction or collection and which is taken into account in computing such total income. ..... (supra) wherein the court observed thus, even the installation of machinery simpliciter was in the special circumstances of the case regarded as part of the operation for setting up and not equivalent to setting up of the business. ..... 3.44 lakhs.the ao accepted the contention of the assessee regarding the marriage gifts, but he did not agree for the other expenditure and held them to be advertisement in nature even though no logo was inscribed on the presentation articles. ..... accordingly the undersigned had preliminary discussions with ndc during the period from 12th july, 1992 to 15th july, 1992 regarding the take over of spm. ..... cit (1954) 26 itr 151 (mad) which has been recorded as a leading authority and in which the distinction between the setting up of a business and the commencement of the business was brought out by the following passage : "it seems to us that .....

Perma Container (Uk) Line Limited and Another Vs. Perma Container Line ...

Court : Mumbai

..... submitted that if this court comes to the conclusion that part i is applicable in the facts of this case, no grounds are made out for impugning the foreign award even under section 34 of the act and thus petition under section 34 deserves to be rejected as not maintainable or in the alternative on the merits and the petition filed by the claimant for enforcement of the foreign award deserves to be allowed ..... order dated 7th november, 2010 that the hearing would proceed on the issue of liability in respect of both the claims and counter claim and the hearing would deal with the preliminary issue on liability which are to be agreed by the parties on the basis of the pleadings as exchanged failing which held would decide that. ..... individual capacity is directly responsible for any break-up of the terms of the agreement specially where expenses in excess of those specially provided for in the agreement were incurred by the information technology division of cpl. ..... to the preliminary objection raised by the claimant, mr d'vitre learned senior counsel on this issue submitted that present petition is filed u/s 34 of arbitration act 1996 and the filing of the enforcement petition by the claimant does not affect the statutory right of the respondent (petitioner in this petition) to file the present petition u/s 34 of the act to set aside ..... thus sections 44 in (chapter i) and section 53 (in chapter ii) define foreign awards, as being awards covered by arbitrations under the new york convention ..... 1954 .....

Enercon (India) Ltd. and Others Vs. Enercon Gmbh and Another

Court : Mumbai

..... decisions and views of the authorities in this case is the fact that in bhatia international this court laid down the proposition that notwithstanding the provisions of section 2(2) of the arbitration and conciliation act, 1996 indicating that part i of the said act would apply where the place of arbitration is in india, even in respect of international commercial agreements, which are to be governed by the laws of another country, the parties would be entitled to invoke the provisions of ..... in order to preserve its rights and remedies, either party may seek preliminary injunctive relief or other temporary relief from any court of competent jurisdiction or from the arbitration tribunal pending the final decision or award of the arbitrator ..... only with a rider and a partly different reason which may i state below:- the main issue is regarding the scope of power of any judicial authority including a regular civil court under section 45 of the act in making or refusing a reference of dispute arising from an international arbitration agreement governed by the provisions contained in part iii chapter-i of the act of 1996. ..... the said purpose the learned counsel relied upon the judgment of the allahabad high court reported in air 1954 allahabad 750 in the matter of a h bhiwindiwala and co. v/s. ..... (2003) 6 scc 641, state through special cell, new delhi v/s. ..... the terms of the technical know-how agreement, the respondent no.1 has to continuously supply special components to the petitioner no.1. .....