Court : Mumbai
Reported in : AIR1960Bom353; [1960]40ITR624(Bom)
..... taxation on income, or (b) that some points other than those referred to it by the central government in respect of any case also require investigation, it may make a report to the central government stating its reasons for such belief and, on receipt of such report, the central government shall, notwithstanding anything contained in sub-section (1), forthwith refer to the commission for investigation the case of such other person ..... if the settlement was hit by the decisions of the supreme court which had the effect of striking down the provisions of the taxation on income (investigation commission) act, 1947, it is still open to these respondents to contend that the settlements is none the less binding on the petitioner as a compromise between the assessee and the revenue of a disputed claim ..... appellate assistant commissioner or the commissioner to set off in certain cases moneys in the possession of government against tax found due in proceedings for assessment under the provisions of section 34 of the indian income-tax act (ii) whether this court is competent to issue a writ under article 226 of the constitution of india compelling the union of india to refund an amount of money or to return the securities collected or received ..... that all laws must be general or universal in their character and application. ..... pursuance of sub-section (1b) may be recovered and any penalty for default in making payment of any such sum may be imposed and recovered in the manner provided in chapter vi .....
Tag this Judgment!Court : Mumbai
Reported in : (1993)IILLJ78Bom; 1993(1)MhLj85
..... standing to the credit of the member in the fund, a withdrawal - (a) for purchasing a dwelling house/flat or for constructing dwelling house including the acquisition of a suitable site for the purpose from the central government, the state government, a co-operative society, an institution, a trust, a local body a housing finance corporation (hereinafter referred to as the agency/agencies); or (b) for purchasing a dwelling site for purpose of construction of a dwelling house or ..... chapter viii of the scheme deals with nominations ..... even if one were to hold that the petitioners have mortgaged their flats to the third respondent under section 58(b) of the transfer of property act by deposit of title deeds, in the instant case the xerox copies of the agreements between the petitioners and their respective builders, the same by virtue of the above proviso ..... provident fund and the scheme framed under the employees' provident funds and miscellaneous provisions act, 1952 (hereinafter referred to as 'the act'). ..... clause (a) of paragraph 68-b shows that the agencies referred therein are the central government, state government, a co-operative society, an institution, a trust, a local body or a ..... a further clarification to what is stated in the first proviso. ..... the first proviso states that where a dwelling house or flat is mortgaged to any of the agencies referred to in clause (a) of sub-paragraph 1 such a house or flat shall ..... other agencies such as central government and the state government. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(4)ALLMR258; 2000(5)BomCR758; 2000CriLJ3560; II(2000)DMC634
..... that neither the orders passed under section 125 of the code nor liability incurred earlier to the coming into force of the muslim women act has been saved and therefore the inevitable consequence is that not only the right under section 125(1) of the code but also remedy ..... of the various judgments on the point came to a conclusion that on a true construction of the meaning of the words 'provision' appearing in section 3(1)(a) of the muslim women act, a muslim husband is liable to make a reasonable and fair provision for the future of the divorced wife which would obviously include maintenance for her future as well. ..... we will now summarise our answers to the questions raised before us.the 1st question(i) whether the muslim husband's liability under section 3(a) of the muslim women act to make a reasonable and fair provision and pay maintenance is only restricted to the iddat period or whether it extends beyond the iddat period?answer(i) the husband's liability to ..... a divorced women has no relatives as mentioned in sub-section (1) or such relatives do not have sufficient means to pay the maintenance, the magistrate may by order direct the state wakf board established under section 9 of the wakf act, 1954 to pay such maintenance as determined by him or to pay the shares of such of the relatives who are unable to pay. ..... the muslim women act, it is not open for a divorced muslim women to resort to remedies under chapter ix of the ..... noor jamaal, : (1992)94bomlr201 , the division bench .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(1)MhLj658
..... restored under any one of the sections referred to in that section, or under a tenancy created after 1-4-1963 by a landlord not being a landlord within the meaning of chapter iii-a of the tenancy act, if he was cultivating the land held by him under such tenancy personally, he shall be entitled to purchase that land within one year from the commencement or from the restoration ..... the first day of april, 1961 the ownership of all lands held by tenants which they are entitled to purchase from their landlords under any of the provisions of this chapter shall stand transferred to and vest in, such tenants and from such date such tenants shall be deemed to be the full owners of such lands : provided that if ..... specified date to purchase land--(1) where a tenancy is restored under sections 7, 10, 21, 52 or 128-a or is created by a landlord not being a landlord within the meaning of chapter iii-a in any area after the date specified in sub-section (1) of section 49-a, every tenant holding land under such tenancy and cultivating it personally shall be entitled to purchase within ..... apex court found that section 50 of the tenancy act has been interpreted in the manner stated above by the high court consistently and it would ..... stated that section 43 did not contain sub-section (14-a) initially and the concept of a deemed surrender of land which is contained in section 43(14-a) did not become relevant prior to 12-2-1962 when sub-section (14-a) was for the first time put on the statute book by the act .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(3)BomCR497
..... (1955) cal 429, wherein it was, inter alia, held that the expression 'interested in the estate of the deceased' found in section 283(1)(c) of the indian succession act meant to include persons who did not dispute the title of the deceased but claimed to have some interest in the estate left by the deceased and that a person who claimed adversely to ..... in the said decision, the supreme court, inter alia, laid down that under section 283 of the indian succession act, the district judge or district delegate may, if he thinks proper, issue citations calling upon all persons claiming to have any interest in the estate of the deceased to come and see the proceedings ..... has become useless and inoperative through circumstances or the person to whom the grant was made has wilfully and without reasonable cause omitted to exhibit an inventory or account in accordance with the provisions of chapter vii or has exhibited an inventory or account which is untrue in a material respect. ..... far as this decision was concerned, the creditor there had 'an interest in the testator's estate' as required by section 283 of the indian succession act inasmuch as that he was a creditor of the testator's son whom the alleged will purported to disinherit. ..... 1987, the 1st respondent was directed to pay additional stamp duty which was paid and supplemental estate duty was also paid, and on 29th february, 1992, amended letters of administration were granted to the 1st respondent.3. ..... by order dated 29th february, 1992.2. .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(4)BomCR115
..... the guidelines it must be borne in mind that recruitment of teachers is provided for under chapter viii vide rule 74 onwards ..... . in any case, it was pointed out that only wards below age of 5 receive pre-primary education which is at all times restricted to affluent class.section 18 of the act says that a child who has not attained the age of 5 years on or before 1st day of june (subsequently changed to 1st october) of the year in which the admission is sought shall be admitted to class i or an equivalent ..... to the limits of its economic capacity and development.what is however not less important to notice is that while turning to the expression 'education at all levels' which was extracted from mohini jain's, case : [1992]3scr658 , the supreme court observed that education at all levels cannot include higher education but needs to be confined to article 45 of the constitution ..... but such a provision is, however, made in rule 49 which states as under :'every application for grant-in-aid by a school management having a society registered under societies registration act, 1860 shall be made in form ii and shall be addressed to the director of education or any officer authorised by him in this behalf and every application for the yearly assessment of grants shall be made in form prescribed by ..... of secondary schools with english medium existed in goa which were at first affiliated to the university of bombay and subsequently to the s.s.c. ..... started with affiliation to the university of bombay. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1992Bom179; (1991)93BOMLR662; 1992(1)MhLj1
..... the notification inter alia sets out that national co-operative societies and the chairman of some of such societies have represented to the central government that the provisions of the explanation to section 37 of the act deprive some of such societies of the continuance of the holder of such offices for full two terms of a total permissible period of six years, which prejudicially affects the overall performance of such ..... explanation would show that in a case like the present one, where a person was already holding the office of the president at the commencement of the act in september 1985, and is subsequently elected as the president again, his earlier term before the election will also count as a term for the purpose ..... part lays down that if such a person, who was holding the office of the president at the commencement of the act, gets elected again to the same office, after such commencement, he shall be deemed to have held office for one ..... any member of the committee stands disqualified by or under this act for being a member, the registrar may, after giving the committee or the member, as the case may be, an opportunity of stating its or his objections, if any, within fifteen days from the date of receipt of notice and after consultation with the federal society to which the society is affiliated, by order remove the committee or ..... chapter only deals with the procedure in proceedings before the central registrar under section 74 and subsequent sections of the act ..... april 1992. .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(2)BomCR169
..... covers the question as to whether surgical dressings, such as hospitals/maternity/sanitary pads, were drugs or not, the gujarat high court also ruled that since the definition of drugs in section 3(b) of the drugs and cosmetics act is comprehensive enough to take in it not only medicines but also substances intended to be used for or in the treatment of diseases in human beings or animals there was no doubt that sanitary pads were 'drugs' ..... 1988(37)elt478(sc) , wherein the supreme court held that when the duty has been levied without the authority of law or without reference to any statutory authority or to the specific provisions of the act and the rules framed thereunder have no application, the decision will be guided by the general law and the date of limitation would be the starting point when the mistake or the error comes to light ..... state of punjab and others, : [1985]2scr72 , also cited by the learned counsel, wherein the court held on the question of refund of excessive or illegal taxation indulged by the government under the provisions of the punjab agricultural produce markets act, 1961, that if burden of excess market fee levied under the act was passed by dealers ..... where on the material before him two views were possible or reasonably opened to him and he had chosen to adopt one of them. ..... union of india, : 1992(57)elt390(bom) , a division bench of this court observed that the court ought not to presume that the burden of tax has been passed to the consumers and upon that .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(2)BomCR301
..... howrah municipality, : [1972]2scr874a , while dealing with a case under section 8 of the limitation act held that a party acting on the wrong advice of his legal advisor could not be held to be guilty of negligence so as to disentitle it from pleading the sufficient cause required by that section ..... whether such advice in the initial choice of forum is excusable having regard to the requirements of section 14 limitation act is the subject of a host of decisions and the conflict therein makes it another of the vexed questions that have arisen in this suit ..... 10/- on the lessees agreeing to keep the said area unbuilt upon and open to the sky in consideration of the said lessees agreeing to waive the covenant against height restriction on the main bungalow ..... it may be argued that whatever be plaintiff's motives, having stated the factual position, plaintiff was bound to include the whole of the claim or solicit all the reliefs ..... 'good faith' is negatively defined in section 2(h) of the limitation act and the positive side thereof is that any act to merit the seal of 'good faith' must be that which is done with due care and ..... it speaks of defendant 1 having practised a fraud on the state government and bmc for obtaining fsi 2 and alleges that this shows defendant 1's propensity to misuse ..... says not a word of this in his deposition though that should not have escaped his memory seeing that he had acted in a dual capacity as an arranger of finance as also solicitor for defendant 1. ..... viii. ..... viii. .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(1)BomCR207
..... mumbai electric supply and transport committee] to frame service regulations : (1) [brihan mumbai electric supply and transport committee] shall from time to time, frame regulations applicable to municipal officers and servants appointed under this chapter in regard to the following matters:(a) fixing the amount and the nature of the security to be furnished by any municipal officer or servant from whom it may be deemed expedient to require security:(b) regulating the grant of leave ..... to municipal officers and servants ;(c) authorizing the payment of allowances to the said officers and servants, or to certain of them, whilst absent on leave ;(d) determining the remuneration to be paid to the persons appointed to act for any of the said officers or servants during their absence on leave;(e) authorizing the payment of travelling or conveyance allowances to the said officers and servants ;(f) regulating the period of service of all the said officers and ..... the above provisions, chapter xi of the regulations deal with matters governing the termination of service and chapter xii with miscellaneous conditions of services.11 ..... however, it is open to union of india or a state government to make any rule prescribing that even the proceeding against any delinquent officer shall be initiated by an officer not subordinate to the ..... chapter vii deals with incentive schemes and rewards and chapter viii deals with rental of undertakings quarters, ..... university of kerala .....
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