Court : Mumbai
Reported in : 2009(1)MhLj97
..... 2. the law relating to criminal procedure applicable to all criminal proceedings in india except the state of jammu & kashmir and nagaland is specified in the code of criminal procedure, 1973 (hereinafter referred to as 'the code') which was amended from time to time and extensive amendments were introduced by the amending act of 1995 ..... rights of the complainant are violated, it results in constituting a cognizable offence and thus makes it obligatory for the investigating agency to act in accordance with the law. every cognizable offence essentially has certain ingredients. an information must disclose such ingredients.discussion on precedents relied upon by the parties 40. ..... police investigating machinery. patent falsity may again be a ground for providing time for the complainant as well as the officer concerned to act in accordance with law without delay. a patently false information or an information leading to absurd results has twin consequences. it may expose the informant to penal .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(1)ALLMR604; 2008(2)BomCR780; [2009]147CompCas579(Bom); [2008]82SCL79(Bom)
..... farrell v. alexander 1977 ac 59, to suggest that a consolidating statute is not meant to alter the law. but, in these decisions, it has also been suggested that a consolidating statute may also be an amending act.78. it is one thing to say that where the words or expressions in a statute are plainly taken ..... of operation of repeal clause in context with the state of tamil nadu having passed a number of notifications under section 13 of the t.n. electricity (taxation on consumption) act, 1962 granting exemption from payment of tax to many of the appellants and based on which exemptions, the appellants established their various industrial units; and in ..... any provision for exemption from payment of tax in respect of sale of electrical energy, section 13 of the 1962 act dealing with taxation on consumption of electrical energy expressly provided therefor. section 14 of the 2003 act, on the other hand, makes a provision for grant of exemption in respect of sale of energy as contradistinguished .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)ALLMR651; 2007(5)BomCR1; 2007(5)MhLj341
..... that a statute is best interpreted when we know why it was enacted. we, therefore, would like to examine the necessity which gave rise to the 1976 amendment act and look at the mischief which the legislature intended to redress.54. it is pertinent to note that the division bench in ramesh dwarkadas mehra's case after ..... to the cure and remedy according to the true intent of the makers of the act pro bono public (for the public good).there is some presumption that an act passed to amend the law is directed against defects which came into notice about the time when the act was passed.61. clubbing of the 'licensor and licensee' with 'landlord and tenant ..... ', in section 41(1) of pscc act, and clubbing of causes relating to recovery of license fee .....
Tag this Judgment!Court : Mumbai
Reported in : [2009]149CompCas129(Bom); [2008]82SCL303(Bom)
..... , so far as may be, also apply to a company in respect of which an order has been made before the commencement of the companies (amendment) act, 2002 sanctioning a compromise or an arrangement.393. information as to compromises or arrangements with creditors and members. -(1) where a meeting of creditors or ..... the block the respondents are now required to follow and take all necessary steps for the exploration and production. this includes the various compliances of various laws and policies. the financial support for the large infrastructure, experts, technical, engineers and huge staff and their involvement in respective field. the contractor in ..... various ways must have a clear documentation for respective finance and for all other purposes considering the government policies and the laws into account. the requirement of various compliance, of laws including acts, rules and regulations, policies need to be clearly defined and expressed. such documents in this background just cannot be .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1965Bom224; (1965)67BOMLR101; ILR1965Bom394; 1965MhLJ290
..... the word 'government' was added by the adaptation of laws order, 1950 and the following words in sub-clause (1) of clause (f) were added by the land acquisition (bombay amendment) act, 1948 (bombay amendment) act, 1948'. 'and a housing scheme as defined in the land acquisition (bombay amendment) act, 1948'.(15) the other amendment made was to add sub-clause (2) to clause ..... and orissa municipal act, 1922 cut across one of its essential feature touching a matter of policy and was bad to that extent ..... of an essential function of the legislature and, therefore, the provisions of the act which authorised such a delegation were void. it was held that the action of the governor in subjecting a resident of the new area to municipal taxation without observing the formalities imposed by section 4, 5 and 6 of the bihar .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR737
..... minister issue).'xxxxx xxxxx xxxx320 the prosecutor complained that a parliamentary secretary, such as the respondent, was not, by the ministers of state and other legislation amendment act 2000 (cth) or otherwise, a minister, still less a minister administering a department as, it was suggested, section 64 of the constitution requires. the ..... putting immense pressure on the state revenue, the parliament in its wisdom added article 164(1a) to the constitution of india by constitution 91st amendment act, 2003 which came into effect from 1.1.2004. this provision specifically put an embargo on huge council of ministers and provided that the ..... combination of law, convention, and political practice. the characteristics of responsible government are not immutable. they are certainly capable of accommodating the arrangements made by the governor-general in the present case.18. the ministers of state act 1952 (cth), as amended by the ministers of state and other legislation amendment act 2000 (cth .....
Tag this Judgment!Court : Mumbai
Reported in : 1984(17)ELT109(Bom)
..... to set out at this stage the relevant statuary provisions.9. clause (3) of article 286 of the constitution of india as substituted by the constitution (sixth amendment) act, 1956, provides that 'any law of a state shall, in so far as it imposes, or authorises the imposition of a tax on the sale or purchase of goods declared by parliament by ..... made it clear that the exemption was for the metal used, and that in the case before them, namely, pyare lal malhotra's case, the object of single point taxation was the commercial commodity and not he substance out of which it was made. the exigibility to tax in pyare lal malhotra's case arose under the tamil nadu general ..... to the provisions on the basis of which we have reached our conclusions. the error was in treating the tamil nadu act and the bombay act as if their provisions and the scheme of taxation thereunder were the same.27. so far as the third question in both these references was concerned, it was mr. jetly's submission that it was not .....
Tag this Judgment!Court : Mumbai
Reported in : (2005)107BOMLR61; 2006(199)ELT8(Bom)
..... 127b is not permissible. in that behalf, mr. rana referred to statement of objects at the time when the said chapter xiv-a of the customs act was brought in by the amended act 21 of 1998 which came into force from 1st august 1998. in the said statement of objects annexed to the bill it is mentioned clearly that ..... is not necessary to notice the effect of the above legislative change brought, about in 1991'.that is to say, as the supreme court was not concerned with the amended law, as in that case of express newspapers, the supreme court was dealing with the case pertaining to the assessment years prior to 1991.25. referring to the judgment ..... 'levy' a tax means 'to impose or assess' or 'to impose, assess or collect under the authority of law.' it is a unilateral act of superior legislative power to declare the subjects and rates of taxation and to authorise the collector to proceed to collect the tax. 'assessment' is the official determination of liability of a person to pay a particular .....
Tag this Judgment!Court : Mumbai
Reported in : (1960)62BOMLR11
..... lordships of the supreme court held that section 34 of the income-tax act, as amended by the income-tax (amendment) act 33 of 1954, operated on the same field as section 5(1) of the taxation on income (investigation commission) act, 30 of 1947, and, therefore, section 5(1) of the latter act had become void and unenforceable being discriminatory in character. the supreme court on ..... the constitution.(36) it is provided by clause (1) of article 31 that no person shall be deprived of his property save by authority of law. clause (2), as it stood before the amendment by the constitution (fourth amendment) act, 1955, provided:'no property, moveable or immovable, including any interest in, or in any company owning any commercial or industrial undertaking, shall be taken .....
Tag this Judgment!Court : Mumbai
Reported in : 2009ACJ585; 2008(6)MhLj941
..... passed by the learned single judge under section 173 of the m.v. act.116. thus, we proceed to record and answer propositions of law formulated by us in paragraph 5 of the judgment as follows:(a) upon amendment of section 100-a of the code of civil procedure by amending act of 2002 with effect from 1st july, 2002, no letters patent appeal would ..... high court is satisfied that the case involves substantial questions of law. in terms of section 101 of the code, no appeal is provided from an appellate decree which is passed by the high court itself. under section 102 of the code which was also amended by the code of civil procedure amendment act, 2002 with effect from 1st july, 2002, no second appeal .....
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