Judgment Search Results Home > Cases Phrase: taxation laws amendment act 2007 chapter i preliminary Court: mumbai Page 34 of about 403 results (0.381 seconds)

Jayesh Dayaram Bhoir and Another Vs. State of Maharashtra and Others

Court : Mumbai

..... was raised for not challenging the material resolution passed by the respondent no. 2. it further appears that, this court granted liberty to the petitioners to amend the writ petition. by order dated 30th september, 2011 this court issued notices to the added respondents. thereafter, service of notice was complete on all the ..... the petitioners have made reckless allegations against the respondent no. 2 without any basis. it is submitted that, the respondent no.2 corporation has acted strictly in accordance with law and therefore, there is no any case for interference in exercise of extraordinary jurisdiction of this court. therefore, the learned counsel appearing for the ..... , without following the mandate of section 54 and the method of appointment as provided under chapter iii schedule d of the bpmc act, 1949, and further without following the law laid down by the supreme court and well established procedure evolved through the various judgments of the supreme court on subject that, the .....

Sonali Pramod Dhawde Vs. Central Bank of India and Another

Court : Mumbai

..... with the approval of the chairman and managing director where after the same will be placed before the board for its information. however, the amendments necessitated on account of amendment/modification in the guidelines of government of india/rbi/iba will be adopted with the due approval of the board. 5. accordingly, and also ..... constitution of india emphasises the principle of equality as basic to our constitution. in keshavananda bharati v. state of kerala, it was ruled that even constitutional amendments which offended the basic structure of the constitution would be ultra vires the basic structure. sikri, cj. laid stress on the basic features enumerated in the ..... equality is antithetic to arbitrariness. in fact equality and arbitrariness are sworn enemies; one belongs to the rule of law in a republic while the other, to the whim and caprice of an absolute monarch. where an act is arbitrary it is implicit in it that it is unequal both according to political logic and constitutional .....

Dr. Pragji Savji Vaja and Others Vs. Dr. Chhotalal Narsidas Parmar and ...

Court : Mumbai

..... to frame or modify scheme under section 50a. this section 50a and the above clause (11) and section 47a have been added to the original act by amendments made by bombay act vi of 1960. section 50 has reproduced the scheme of section 92 of the code of civil procedure with certain nominal alterations and inter alia provides ..... it gives rise to a jurisdictional question. if a property did not validly vest in a trust or if a trust itself is not valid in law, the authorities under the act will have no jurisdiction to determine the said question. 83. with a view to determine the question as regard exclusion of jurisdiction of civil court in ..... [see sopan sukhdeo sable and ors. v. assistant charity commissioner and ors. , manu/sc/0071/2004 : air 2004 sc 1801] analysis of bpt act: 42. the bpt act is a special law. it confers jurisdiction upon the charity commissioner and other authorities named therein. the statute has been enacted by the parliament in public interest to safeguard the properties .....

Swayam Realtors and Traders Llp Vs. the Appellate Authority Industrial ...

Court : Mumbai

..... that there is no full utilization of the subject property or the said property in accordance with the terms and conditions of the exemption order dated 21.3.1981 as amended from time to time. 5. on 11.03.2004, presumably relying upon condition no. 2 in the exemption order dated 21.03.1981, which provides for 'deemed ..... .1994 granted an extension of one year to commence construction. however, the outer limit to complete construction was unaltered. by further order dated 23.4.1997, the state amended the exemption order dated 21.3.1981 by permitting the respondent no.4 to set up an industrial estate, instead of an industry, by using about 10,00,000 ..... bugg v. director of public prosecutions [1993] qb 473). no distinction is to be drawn between a patent (or substantive) error of law or a latent (or procedural error of law. an ultra vires act or subordinate legislation is unlawful simpliciter and, if the presumption in favour of its legality is overcome by a litigant before a court of competent .....

TATA SONS Limited and Another Vs. The State of Maharashtra and Another

Court : Mumbai

..... for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration in the state of maharashtra. the act originally enacted came to be amended from time to time. it is containing several definitions. the definition section is section 2 and which opens with the words in this ..... coordinate bench decision can be distinguished and such distinction is founded on facts and circumstances which are peculiar to the other case, that course is equally permissible in law. we do not see how the tribunal can be faulted for not applying and following the rule of consistency or judicial discipline. in our view, reliance therefore ..... availed of that remedy. rather they availed of that remedy during the pendency of this writ petition, but, their application seeking a reference on certain questions of law for opinion and answer of this court was dismissed by the tribunal on 15th january, 2013 holding that it is barred by limitation. mr. kumbhakoni has submitted .....

Court : Mumbai

..... reliance upon the following materials:- (1) section 64 of the finance act, 1994, (2) section 65(105) of the finance act, 1994, (3) sections 66, 66a of the finance act, 1994, (4) the export of service rules, 2005 as amended from time to time, (5) the taxation of services (provided from outside india and received in india) rules, 2006 ..... the contract service provider agreement, copy of which is at annexure-b between the appellants in india and tech mahindra (americas) inc., a corporation incorporated under the laws of united states of america, is, therefore, referred to. some of the recitals in the same will have to be noted. before that we must clarify ..... rendered by appellants to its overseas customer. 11. it is stated that normally, the liability to pay service tax is on service provider. however, under the law, in certain circumstances, the liability to pay service tax is shifted on the service receiver. this mechanism is popularly abbreviated as reverse charge mechanism wherein the .....

Janhit Manch and Another Vs. the State of Maharashtra Through the Prin ...

Court : Mumbai

..... granting the concessional report has charged premium for an fsi above the permissible height of 4.2 meters. as per section 22 of the mrtp act, as amended, it is open to the commissioner to grant special permission under discretionary powers on imposition of premium. if there is a statutory power with the commissioner ..... concession report was prepared by the assistant engineer (building and planning department of the corporation). in the concession report it was stated that the architect proposed amended plans for residential building to utilize the additional fsi as available as per dcr 33(24). the concession report sought approval of the corporation to allow ..... having regard to the development plan prepared or under preparation that any permission to develop land granted 1[or deemed to be granted] under this act or any other law, should be revoked or modified, the planning authority may, after giving the person concerned an opportunity of being heard against such revocation or modification, .....

CTR Manufacturing Industries Limited Vs. SERGI Transformer Explosion P ...

Court : Mumbai

..... took me through the original application, the various examination reports and then the complete specification, submitting along the way a chart showing the changes or amendments made from time to time. the purpose of this exercise, shortly put, was to demonstrate that the prv was essential to the sergi product and ..... devices often have external radiators through which the oil circulates by natural convection. 13. electrical transformers, like almost anything else, are subject to murphy s law: if anything can go wrong, it will. transformers fail. the causes can be many, from insulation failures, internal failures, mechanical or system malfunction, ..... filed an indian patent application for registration of an invention entitled method and device for preventing/protecting electrical transformer against explosion and fire ? under the patents act. on 13th december 1996, magnier licensed this patent, then yet under process, to sergi (france). on 14th december 2002, magnier obtained patent no .....

B.D. Goel Vs. Austin M. Gracious and Others

Court : Mumbai

..... that the said contraband was dutiable commodity ? and were liable for export in contravention of the provisions of the customs act. the appellant has utterly failed to point out any provisions in the law and/or any document or notification issued in that behalf which authorises/permits a person to export the contraband mentioned in ..... . at this stage it will be useful to note here that, it is the settled position of law that a statement recorded under section 108 of customs act, 1962 has relevancy to the proceedings under the said act (customs act) because it is recorded in the course of an enquiry in which the officer recording statement, such ..... if the customs officer duly empowered under the provisions of section 42 of the ndps act embarks into an enquiry to be conducted under the provisions of ndps act, he has to strictly follow the provisions prescribed under the ndps act. it is the settled position of law that, the stringent provisions of a statute are, strict its compliances. the .....

Jitendra singh rajendra Singh kushwaha and Others Vs. Suresh Rajendra ...

Court : Mumbai

..... the same witness might file of his examination-in-chief. 73. therefore, till such time as this form is rectified and the rules amended, it shall be sufficient if the affidavit complies with the requirements of section 63(c), irrespective of whether or not it conforms exactly to ..... 2015). 42. a will is to be proved in accordance with section 63 of the indian succession act read with section 67 and the proviso to section 68 of indian evidence act. the law does not insist on the propounder giving evidence in each and every case. if the other evidence ..... see these lives not in the aridity of legal submissions, but fleshed out with context and texture; things that might be irrelevant in law might nonetheless be powerful motivating factors determining how a person chose to conduct his or her affairs. conversely, matters that assume great proportion to ..... prothonorary and senior master for placing before the administrative committee of hon ble judges for a suitable amendment to the rules and the form. .....