Judgment Search Results Home > Cases Phrase: state open university act 1992 chapter viii miscellaneous Court: mumbai Page 13 of about 568 results (0.117 seconds)

Surendra M. Khandhar Vs. Assistant Commissioner of Income Tax

Court : Mumbai

Reported in : [2001]76ITD121(Mum)

..... , money, bullion, jewellery or other valuable article or thing and any statement made by such person during such examination may thereafter be used in evidence in any proceeding under the indian income tax act, 1922 (11 of 1922), or under this act.explanation.for the removal of doubts, it is hereby declared that the examination of any person under this sub-section may be not merely in respect of any books of account, other documents or ..... require 21/2 months to work out and tax payment these will be paid as per tax norms as prescribed in the income tax act, 1961.q.8.in respect of the concerns referred in six pages as seized in annexure a 3, please state whether in respect of concerns not falling under your family concerns also in respect of the persons referred in sb accounts whether beneficiary opened a locker and operated the same.ans.no.q.9.do you wish to say anything further?ans.no. ..... in which he made certain admissions regarding the ownership of the 110 bank accounts in the list of six pages marked as annexure a-3 to the panchnama is a valid statement under the income tax act and whether it has any evidentiary value for framing the assessment in the case of the assessee for the assessment year 1991-92 and other years. ..... was allowed by the commissioner (appeals) for the assessment year 1992-93 but was not followed for the assessment year 1991-92. ..... university ..... can be discharged the rules of evidence pertaining to burden of proof are embodied in chapter vii of the evidence act. .....

Shikshan Prasarak Mandal, Wani Vs. Presiding Officer and ors.

Court : Mumbai

Reported in : [1995(70)FLR925]; (1995)IILLJ176Bom

..... which was originally framed by the nagpur university to implement the recommendations of the university grants commission regarding revision of pay-scales of the university and college teachers accepted by the state government was deemed to be applicable to the amravati university after it was established under the amravati university act, 1983 as provided by section 108(2) thereof ..... officio chairman of the local managing committee of the college has alone power to assess the work or the performance of the principal during the period of probation on the ground that there is no provision in the university act or its ordinances or regulations which empowers the president of the society or ex-officio chairman of the local managing committee to assess the performance of the principal during the period of probation. ..... supreme court has held in para 12 of its judgments as follows : para 12 'it is, therefore, now well settled that where the from of the order is merely a camouflage for and order of dismissal for misconduct it is always open to the court before which the order is challenged to go behind the from and ascertain the true character or the order ..... urged before us that the appointing authority of the principal was the foundation society and the managing committee of the petitioner society was the foundation society within the meaning of clause 5 of chapter ii of ordinance no. ..... 2 on 4-1-1992 as per the decision taken by the managing committee of the petitioner society in its meeting ..... 1992 .....

Ferani Hotels Pvt. Ltd. Vs. Nusli Neville Wadia

Court : Mumbai

..... this petition was filed for revocation and annulment of the order dated 20th november 2003 authorising and permitting the respondent to continue to act as administrator of the estate of one eduljee framroze dinshaw passed in miscellaneous petition no.41 of 2003, to remove the respondent from the office of administrator of the estate of the deceased and to appoint a fit and proper person, including the petitioner as such administrator, for disclosure ..... the petitioner if the order of continuance of the administrator was not granted, would it have then prejudiced the development of the petitioner was it, in fact, for the benefit of the petitioner needless to state that only a party having an interest in the estate of the deceased which would be detrimentally affected by passing of such order could have it set aside, restored or annulled, be it merely a direction.104. ..... be exempted from such a provision so that a parsi can bequeath his property without any restrictions.the amending act of 1991, aside from bringing about the gender equality and eliminating the gender discrimination that prevailed for succession amongst parsis in chapter iii of the indian succession act, which dealt with special rules for parsi intestates, added the aforesaid proviso to section 118.67. ..... the letters of k.raheja universal private limited relate inter alia to ..... petitioner that the expressions successor and any executor in clause viii show that bachoobai was not the sole executrix. ..... shaw brothers,(1992) 1 scc .....

The State of Maharashtra Through The Chief Secretary Government of Mah ...

Court : Mumbai

..... ; (ii) a co-operative society established under the maharashtra co-operative societies act, 1960, in which government is a shareholder; (iii) a board or a corporation or a statutory body established by or under a central or a state act which is owned and controlled by the government, or a government company as defined in section 617 of the companies act, 1956; (iv) an educational institution owned and controlled by the government, which receives grant-in-aid from the government including a university established by or under a maharashtra act; (v) any establishment; and (vi) respect of which reservation was applicable ..... on 01/03/1996, in the case of ajit singh januja held that the sc and though backward class candidates entitled to reservation in promotion but open category senior candidates, though promoted later than reserved category candidate, become senior to earlier promoted backward class candidate, for further promotion. ..... (iv) the promotion circular is arbitrary, shows non-application of mind and is inconsistent with the mandal judgment (1992) and article 16 (4a) and (4b) even if the constitutional amendments enacting article 16(4a) and 16(4b) are treated as valid. ..... sabharwal (1995) 6 scc 684 : (1995) 2 scc 745) (viii) accelerated seniority and catchup rule , virpal singh chauhan, (1995) 6 scc 684) ajit singh (i), (1996) 2 scc 715) m. .....

Maharashtra Chamber of Housing Industry and Others Vs. State of Mahara ...

Court : Mumbai

..... , when the legislature had in mind the saving clause as is carved out by section 3(1)(b) and (c), its intent was not to take away any of the powers conferred in the state nor exclude applicability of the provisions of chapter-iii of the ulc act to such an extent as would make it impossible for the person to seek payment in terms of sections 11 to 14 or to seek enforcement of such conditions which are reciprocal ..... of the delhi high court had before it a situation where the exemption was granted in terms of section 20(1)(a) and section 22 of the principal act on 02.07.1992 subject to the condition that the petitioners before the delhi high court would make payment of rs.18,37,74,528/to the land and building department, delhi ..... law for the time being in force" does not take within its sweep a law 'deemed to be in force' and that, accordingly, the opening words of section relied , upon by the appellants' learned counsel will not have an overriding effect so as to exclude the old law. ..... taken of the judgment of the honourable supreme court in the case of m/s universal imports agency v/s chief controller of imports and exports reported in air 1961 ..... . chapter v contains miscellaneous provisions providing for powers of the competent authority (section 31), jurisdiction of authorities and tribunals (section 32), appeal (section 33), revision (section 34), power of the state government to issue directions (section 35), power of the central government to give directions ( ..... viii .....

State of Maharashtra Vs. Kusum Charudutt Bharma Upadhye

Court : Mumbai

Reported in : (1981)83BOMLR75; 1981MhLJ93

..... that the prerogative writs, which the courts in england had developed and used whenever urgent necessity demanded immediate and decisive interposition, were peculiarly suited for the purpose, they conferred, in the states' sphere, new and wide powers on the high, courts of issuing directions, orders, or writs primarily for the enforcement of fundamental rights, the power to issue such directions, etc ..... west frontier province and in sind, any other court in british india constituted or reconstituted under the chapter as a high court, and any other comparable court in british india which his majesty in council may declare to be a high court for the purposes of this act:(2) the provisions of this chapter shall apply to every high court in british india.section 220(1), as amended by the india and burma (miscellaneous amendments) act, 1940 (st ..... . clause (2) of article 214 (now deleted by the constitution (seventh amendment act, 1956) constituted the high court exercising jurisdiction in relation to any province immediately before the commencement of the constitution to be the high court for the corresponding state and by the opening words of the said clause (2), this was 'for the purposes of this constitution', that is, for the purposes of exercising all the functions, powers and ..... :amending process in its perspective always repelled construction to equate clause 15 as providing for an universal remedy of appeal in high court. ..... . viii of 1859) and the provisions of any law which was made .....

Pishu Mulchand Mahtani and Others Vs. State of Maharashtra and Another

Court : Mumbai

..... chapter-viii is entitled supplemental and miscellaneous and contains section 26 onwards so as to enable the requisitioning of fire fighting property, powers of officers on occasion of fire and contains ..... 24 sections 40 to 48 are to be found in chapter-viii and enable carrying into effect the object and purpose of the act by providing for prosecution and giving overriding effect to the act in terms of section 44, which reads as under:- ..... (1) without prejudice to the provisions of any law or the rules, regulations or bye-laws made thereunder or the national building code of india, 2005, relating to fire prevention and life safety measures and in operation in the state for the time being in force, the owner or where the owner is not traceable, the occupier, of a building as classified in the schedule-i or part of any such building shall provide fire prevention and life safety measures ..... 73(1) of the mcs act in clearest term states that the management of every society shall vest in committee constituted in accordance with the mcs act, rules and bye-laws, which shall exercise such powers and perform such duties as may be conferred or imposed respectively by the mcs act, rules and bye-laws ..... state of karnataka and another (air 1992 sc 81 at ..... from raising appropriate pleas and equally requesting the learned magistrate that the charge may not be framed against them or any one of them and contentions in that behalf are also kept open. ..... , all contentions of both sides on merits are kept open. .....

Priya Sharan Maharaj Alias Yadavendra Parashar and Others Vs. State of ...

Court : Mumbai

Reported in : 1995CriLJ3683

..... shri gorde, the learned counsel for the state, countering the submissions of the learned senior counsel for the applicants, submitted that in each and every case of rape or molestation, corroboration is not an universal rule or a condition for judicial reliance because the fact and circumstances often vary from case to case, the crime situation and the myriad psychic factors, social conditions and people's life ..... (4) that in exercising his jurisdiction under section 227, of the code the judge which under the present code is a senior and experienced court cannot act merely as a post office or a mouthpiece of the prosecution, but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the court, any basic infirmities ..... chapter viii of criminal procedure code, deals with trial before a ..... (4) that in exercising his jurisdiction under section 227, of the code of judge which (sic) under the present code is a senior and experienced judge cannot act merely as a post office or a mouth-piece of the prosecution, but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the court, ..... than all, it baffles belief in human nature that a girl sleeping with her mother and other children in the open will come by blood on her garments and injury in her private parts unless she has subjected to the torture ..... 282 of 1992, rejecting the application filed by the applicants/ .....

Lady Dinbai Petit Vs. M.S. Noronha

Court : Mumbai

Reported in : AIR1946Bom407; (1946)48BOMLR255

..... section 50 of the specific relief act expressly provides as follows:neither the high court nor any judge thereof shall hereafter issue any writ of mandamus.it should be noticed that while section 50 forms part of chapter viii of the specific relief act, in that section there is no reference to section 45 at all. ..... under rule 584 of the original side rules of our high court, which is framed expressly under the specific relief act, it is provided that the court may in its discretion order any rule under chapter viii to be served on any party affected by the act to be done or foreborne. ..... as regards the writ of certiorari it appears to be conceded that the high court had jurisdiction, but it was argued that by reason of section 306(7) of the government of india act, 1935, no order could be made against the province of bombay or the governor-general of india-in-council, and therefore the petition in that respect was misconceived. ..... 125, where a resolution of the syndicate of the madras university was challenged as ultra vires, it was suggested that the applicant could go to the senate to set the matter anght and the court rejected that argument pointing out that that was not a remedium juris-a ..... in the present case again it is not open to these parties to contend that they are parties, because when, called upon to disclose documents, by their letter of january 8, 1945, in terms they stated that they were not parties to the proceedings and therefore were not liable to disclose documents. .....

Chandrashekar Ramprakash Agarwal Vs. State of Maharashtra (Through Cuf ...

Court : Mumbai

Reported in : (1997)99BOMLR405

..... in that connection when the matter was carried to the allahabad high court, it has been held in para 15 that:as long as the money is in the possession of the thief and capable of seizure, it may be open to the police officer to seize it on the ground that it was or was suspected to be stolen property but once it passed into the hands of the debtor and the money becomes unidentifiable there can be no question of its being ..... not only that, when petitioner herself approached the magistrate, who was trying the petitioner's husband under the official secrets act, her request to be al lowed to operate the account was opposed by the police contending that the bank account was not 'case property' and that the petitioner's remedies lay elsewhere than in the court of the ..... pradhan submitted that the very title of this chapter would go to show that these provisions arc applicable in case of reciprocal arrangements regarding service of process in a contracting state and those provisions cannot be invoked for offences committed in india which has nothing to do with foreign country. ..... union of india : 48(1992)dlt35 the delhi high court considered the same question and referred to its earlier decision in 1988 cri lj 241 but distinguished the fads and ultimately observed:in a nut shell the principle of law laid ..... 1, narayan divakar was holding charge of collector of daman during the period from october, 1992 to april, 1993. .....