Judgment Search Results Home > Cases Phrase: state open university act 1992 chapter viii miscellaneous Court: mumbai Page 15 of about 568 results (0.140 seconds)

Jitendra R. Deshprabhu and ors. Vs. Executive Magistrate and anr.

Court : Mumbai

Reported in : 1992(1)BomCR233

..... of a large number of decisions for the various propositions he canvassed to show that the impugned order made under section 111 criminal procedure code is without jurisdiction.in the first place, he says that proceedings under chapter viii of the criminal procedure code are viewed with all seriousness because they equally affect the liberty of the citizen ..... heading 'security for keeping the peace in other cases', says that when an executive magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility and is of the opinion that there is sufficient ground for proceeding, he may, manner hereinafter provided, require such person to show cause ..... any rate the information received by the executive magistrate from any quarter cannot lead him to the opinion that the petitioners are likely to commit a breach of peace or disturb the public tranquility or do any wrongful act that may occasion breach of peace; that at any rate, the magistrate did not record his opinion that the information received by him is likely to lead to breach of peace or even for that matter, commission ..... an analysis of the facts involved in that decision the learned single judge observed :---'from the facts stated above it is clear that in regard to some acts of some of the petitioners either investigation is pending or a case has been filed in the .....

Oriental Fire and General Insurance Co. Ltd. Vs. Hemlata and ors.

Court : Mumbai

Reported in : I(1992)ACC374

..... the supreme court also held that the policy taken out by the owner of the vehicle, in the said case, contained a clause that the insurance company had undertaken the liability under chapter viii of the old act which would mean the law as it was in force at the time of the accident. ..... in the instant case the said clause (a) of sub-section (2) of section 95 read as follows:where the vehicle is a goods vehicle, a limit of fifty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923, in respect of the death of, or bodily injury to, employees (other than the driver), not exceeding six in number, being carried in the vehicle.it is material to see that the extent of liability covered under the said clause ..... it has further observed that since the liability of the insurer to pay a claim under a motor accident policy arises on the occurrence of the accident and not until then, one must necessarily have regard to the state of the law obtaining at the time of the accident for determining the extent of the insurer's liability under a statutory policy. ..... 4 also filed his reply on 22.6.1992 opposing the application of the appellant to adduce additional evidence. ..... it is not thus open to the respondent no. .....

Mohandas and Others Vs. The State of Maharashtra, through its Secretar ...

Court : Mumbai Nagpur

..... of ten years time to planning authority to acquire in a situation where the land owner or the person interested remains silent and in the meantime a revised plan under section 38 comes into effect is explained by stating that to deny such a result would amount to putting a halt on the operation of section 38 and rendering the entire of the provisions with regard to preparation and publication of the revised plan otiose and nugatory. ..... the provisions introduced by 1984 amendment to land acquisition act, limited to the extent of acquisition of land, payment of compensation and recourse to legal remedies provided under the land acquisition act are read into acquisition controlled by the provisions of chapter vii of the mrtp act, but, with specific exception that the provisions of land acquisition act, insofar as they provide different timeframes and consequences of default thereof including lapsing of acquisition proceedings can not be read ..... bench expressly states that section 11a of the land acquisition act being one of such provisions, cannot be applied to the acquisitions under chapter vii of the mrtp act. 15. ..... counsel appearing for the petitioners has relied upon various judgments to urge that as period of six months had expired in 2004 itself, land is open for development and reservation upon it is deemed to have lapsed. ..... not attacked the land acquisition proceedings which started in 1992 though they are aware of the same. ..... to by hon'ble court is bhavnagar university vs. .....

Shaikh Zahid Mukhtar and Others Vs. The State of Maharashtra and Other ...

Court : Mumbai

..... the arms rules, 1962, in a notified area, (b) bombs, dynamite or hazardous explosive substances or other lethal weapons capable of mass destruction or biological or chemical substances of warfare in any area, whether notified or not, he shall be guilty of terrorist act notwithstanding anything contained in any other law for the time being in force, and be punishable with imprisonment for a term which may extend to imprisonment for life or with fine which may extend to rupees ten ..... on the said six contentions can be summarized as under: question 1 the restriction which can be placed on the rights listed in article 19(1) are not subject only to articles 19(2) to 19(6); the provisions contained in the chapter on directive principles of state policy can also be pressed into service and relied on for the purpose of adjudging the reasonability of restrictions placed on the fundamental rights. ..... as a part of the business, the petitioners have to store the packages of meat without opening the same and therefore, the petitioners have no source of ascertaining the contents of the packets and they have to go by the description on the packages ..... universally recognised that the difference between the fundamental rights and directive principles lies in this that fundamental rights are primarily aimed at assuring political freedom to the citizens by protecting them against excessive state action while the directive principles are aimed at securing social and economic freedoms by appropriate state .....

Shakti Yezdani and Others Vs. Jayanand Jayant Salgaonkar and Others

Court : Mumbai

..... the holder of a savings certificate and there is no nomination in force at the time of his death and probate of his will or letters of administration of his estate or a succession certificate granted under the indian succession act, 1925, is not within three months of the death of the holder produced to the prescribed authority, then, if the sum due on the savings certificate does not exceed such limit as may be prescribed, the prescribed ..... commissioner and others (2010(3) all mr 599), the learned single judge of this court had an occasion to consider the provisions of sub-section (2) of section 10 of the employees' provident funds and miscellaneous provisions act, 1952 and in particular the meaning of the expression vests used in the said provisions. ..... being a nominee, so becoming entitled, elects to be registered as holder of the share or debenture, himself, as the case may be, he shall deliver or send to the company a notice in writing signed by him stating that he so elects and such notice shall be accompanied with the death certificate of the deceased shareholder or debenture holder, as the case may be. ..... issuing the directions to the co-operative society to transfer the shares of the deceased member in the name of the appellant who was a nominee, the apex court specifically observed that it will be open for other members of the family of the deceased member to pursue their case of succession or inheritance in consonance with law. ..... w/o bhanabhai malabhai, 1992 i current labour .....

Tan Bug Taim Vs. Collector of Bombay

Court : Mumbai

Reported in : AIR1946Bom216; (1945)47BOMLR1010

..... he conceded that the principles applicable to a writ of mandamus should generally speaking be followed in dealing with an application under chapter viii of the specific relief act and that the court should only interfere if the public officer was departing from the power which the law had vested in him and was assuming ..... that they are under a legal obligation towards such subjects, a writ of mandamus will lie for the enforcement of such duties.he urged that proviso (a) to section 45 of the specific relief act was taken from the law in england as stated in this passage from halsbury's laws of england and that the expression 'under any law for the time being in force' should be understood as meaning 'royal charter, statute or common law ..... had such a claim to confiscate the property of the subject been ever put forward before, either by the indian legislature or by the government of india and it was only as an act of state that the government could deprive or confiscate the property of the subject; if it did not amount to an act of state, it was open to the subject to challenge the whole action of the government which deprived him of his rights of property. ..... of the government it was not humanly possible to exhaust all categories of legislation, with the result that as evidenced by the enactment of the india and burmah (miscellaneous amendment) act of 1940 (3 & 4 geo. vi, c. ..... universities in the category of 'education' and also by the enactment of the indian estates duties act of .....

Tata Iron and Steel Co. Ltd. Vs. N. C. Upadhyaya and Another. Tata Iro ...

Court : Mumbai

Reported in : [1974]96ITR1(Bom)

..... however, march 31, 1971, the petitioner received a rectification notice under section 154 of the income-tax act for the assessment year 1965-66 stating that relief under section 85 had been wrongly given to the petitioner as the dividend was adjusted the loan and neither treated as dividend nor included in the total income of the ..... joshi further pointed out that section 85 was a part of chapter vii, the heading of which was 'incomes forming part of total income on which no income-tax is ..... that the entries about the development rebate should be made in the accounts on or before the last day of the accounting year or even before preparation of the profit and loss account, it held that it was open to the assessee to make the entry at any time before the assessment is completed. ..... the record and the income-tax authorities are not entitled to rectify the assessment in respect of the development rebate allowed by them to the petitioner.there remains one more point which arises only in miscellaneous petition no. ..... petitioner is challenging this rectification notice and rectification order also in miscellaneous petition no. ..... said notice and the rectification order are the subject-matter of miscellaneous petition no. ..... cases of insufficiency or absence of creation of such reserve due to a bona fide mistake the income-tax authorities must give opportunity to the assessee to create a reserve or further reserve at a subsequent time.in our judgment dated april 25, 1973, in miscellaneous petitions no. .....

N.P. Nathwani Vs. the Commissioner of Police

Court : Mumbai

Reported in : (1976)78BOMLR1

..... in some subject-matter which is so relateable; secondly the rules or orders partaking the nature of subordinate legislation framed by the commissioner of police under the bombay police act or by the state government under the defence and internal security of india rules are really bye-laws because the concept of bye-laws is no longer confined to legislation by either corporations ..... an ordinary dinner party where more than five persons are present, a prayer meeting in a church, or a namaz in a mosque, or a uthamna ceremony or lecture in a college or university or an annual statutory general meeting of a limited company will not be permitted unless prior permission of the commissioner of police has been obtained under the impugned order which has been issued under section ..... the commissioner of police and the district magistrate in areas under their respective charges to make rules of general applicability on topics specified in several sections comprised in this chapter; for instance, he pointed out that section 33 confers power upon these authorities to make rules for regulation of traffic and for the preservation of order in public places ..... processions are concerned, the exemption has been granted in the order itself that if anyone wanted to take out a procession for some other purpose which was lawful it was open to them under section 144, sub-section (4) to apply for an alteration of the order and obtain a special exemption, mere omission of the district magistrate to make the .....

Oriental Fire and Genl. Ins. Co. Ltd. Vs. Hemlata and ors.

Court : Mumbai

Reported in : 1994ACJ173

..... that the policy taken out by the owner of the vehicle, in the said case, contained a clause that the insurance company had undertaken the liability under chapter viii of the old act which would mean the law as ..... that the provisions of chapter viii of the old act relating to insurance of motor vehicles against third party risks show that what is obligatory upon the owner of a motor vehicle is to cover the third party risk by taking out the insurance policy for the said purpose as emphasised in section 94 of the said act ..... . chapter viii of the said act deals with the question of insurance of ..... since the liability of the insurer to pay a claim under a motor accident policy arises on the occurrence of the accident and not until then, one must necessarily have regard to the state of the law obtaining at the time of the accident for determining the extent of the insurer's liability under a statutory policy ..... person can use the motor vehicle unless it is covered by a policy of insurance complying with the requirements of the said chapter viii ..... said clause (a) of sub-section (2) of section 95 read as follows:where the vehicle is a goods vehicle, a limit of fifty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923, in respect of the death of, or bodily injury to, employees (other than the driver), not exceeding six in number, being carried in the vehicle ..... also filed his reply on 22.6.1992 opposing the application of the appellant ..... not thus open to .....

The Association of the Traders carrying the Food Business of various F ...

Court : Mumbai

..... chapter which is relevant is chapter xii which contains miscellaneous provisions from sections 85 to section 101 providing for facets like powers of central government to issue directions to food authority and obtain reports and returns, power of central government to give directions to state governments, overriding effect of the act over all other food related laws, power of the central government to make rules, power of food authority to make regulations, power of the state ..... article being so coloured, flavoured or coated, powdered or polished, as to damage or conceal the article or to make it appear better or of greater value than it really is; or (viii) by the presence of any colouring matter or preservatives other than that specified in respect thereof; or (ix) by the article having been infected or infested with worms, weevils, or insects; ..... undertake risk assessment based on the available scientific evidence and in an independent, objective and transparent manner; (d) ensure that there is open and transparent public consultation, directly or through representative bodies including all levels of panchayats, during the preparation, evaluation and revision of regulations, ..... universal ..... act,1954, the food products order 1955, the meat foods products order 1973, the vegetable oil products (control) order,1947, the edible oil packaging (regulation) order,1998, the solvent extracted oil mill and de oiled meal and edible flour (control) order 1967, the milk and milk products order 1992 .....