Court : Mumbai
Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951
..... specified in the aforesaid part iv of schedule a to the said greater bombay laws and the bombay high court (declaration of limits) act, 1945. the bombay municipal corporation, therefore, became ..... to the greater bombay laws and the bombay high court (declaration of limits) act, 1945. consequently, the bombay town planning act, 1954 also came into force for these areas. by the bombay municipal further extension of limits and schedule bba (amendment) bombay municipal further extension of limits and schedule bba (amendment) act, 1956 section 3 of the bombay municipal corporation act 1888 was amended to include the areas .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(3)BomCR562; (2009)IIILLJ275Bom
..... deemed to have taken note of the state amendment which was effective from 27th ..... made to the amendment by the state of maharashtra to the provisions of section 25-o by maharashtra amendment act 3 of 1982. amended provision of section 25-o(5) was introduced by act 46 of 1982, with effect from 21st august, 1984. in other words, the central law came into existence subsequent to the state law. the central law thus would be ..... of the provisions was upheld. the following observations of the supreme court can be usefully noticed:24. we see no substance in these contentions. the amended section 25-o is the law which lays down the restriction. as has been set out above, there is nothing vague or ambiguous in its provision. it is section 25-o .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(5)BomCR369; 2009(111)BomLR1529; (2009)224CTR(Bom)197; [2009]17STJ255; 2009[14]STR289; [2009]19STT408; (2009)22VST293(Bom)
..... mining activities. entry (zzzzj) is not a carve out of entry (zzzy). both entries are independent. entry (zzzzj) was not inserted into the finance act by amending entry (zzzy). it is not possible to invent a remote connection of the services rendered by the members of the 1st petitioner to mining activities and hold ..... word 'profession' would cover every aspect connected with it. it was urged that since the expressions 'relating to' and 'in respect of' are known in law as words of widest amplitude, if the significance of the said expressions is kept in mind, then it becomes clear that the constitution framers intended the state ..... developed countries. the basic purpose of this levy has been to increase revenue, treating the act(s) of rendering service, as an additional source of revenue. depending upon its own socio-economic compulsions, each country evolves its system of taxation adapting either a 'comprehensive approach' or 'selective approach'. under the concept of 'comprehensive approach .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3022
..... the partnership act, 1932 substituting section 69(3)(a) was held to be unconstitutional by the supreme court ultra vires to articles 14, 19(1)(g) ..... other reliefs. in light of the principles of law aforenoticed, we are of the view that the bar contained under section 69 of the partnership act was not attracted, in any case, in its entirety to the present suit. it can be usefully noticed at this stage that the maharashtra amendment act 29 of 1984 inserting section 69(2a) to ..... sent by defendant no. 6. being aggrieved by this action, the plaintiff and defendant no. 2 filed a petition under section 111a of the companies act, 1956 before the company law board on different grounds including that there should be a rectification of the register of members and that the said shares belonging to defendant no. 3partnership firm .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(5)ALLMR386; 2007(6)BomCR239; 2007(5)MhLj25
..... filed regular civil suit no. 468/1994 along with 20 shop owners for grant of declaration and injunction. after receipt of reply of municipal corporation, petitioners have further amended their petition on 16-8-2004 to contend that alleged communication of rejection of building plan dated 19-11-2003 was never served upon them. they also pointed ..... fencing but on 27-4-2002 respondent no. 2 issued communications to remove it. petitioners state that same has been wrongly treated and termed as public place. by amendment effected on 16-1-2004, petitioners have pointed out that their shops are not situated at jaistambha square and their shops are not included in any development or ..... cannot be deemed to have been sanctioned on the expiry of thirty days by virtue of section 319 of the bengal municipal act for the reason that no such permission could have been actually granted under the law then in force in the said area, having regard to the width of the road abutting the respondents' plot and other .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(1)BomCR486
..... legislature was aware of the meaning of the words 'tenant of the applicant' when it made the p.s.c.c. (amendment) act 1963. it was aware of the status and relationship of statutory tenancy and tenancy by operation of law. it was aware, too, of the true meaning of 'tenant of the applicant'. the word 'tenant' is used in ..... of any immoveable property on an application under section 41 pending in the small cause court immediately before the date of the commencement of the presidency small cause courts (maharashtra amendment) act, 1963 or made to it on or after such date, shall (whether possession is taken thereunder or not) bar the institution of a suit in any court, ..... (section 42-a (1) if in any application pending in the small cause court immediately before the date of the commencement of the presidency small cause courts (maharashtra amendment) act, 1963, or made to it on or after such date, the occupant appears at the time appointed and claims that he is a tenant of the applicant within the .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(1)ALLMR64; 2005(6)BomCR492; (2005)107BOMLR890; 2006(193)ELT385(Bom); 2007[8]STR84
..... provided by the statue, the party must exhaust the statutory remedy before resorting to writ jurisdiction.36. except for a period when article 226 was amended by the constitution (42nd amendment) act, 1976, the power relating to alternative remedy has been considered to be a rule of self imposed limitation. it is essentially a rule of ..... policy, convenience and discretion and never a rule of law. despite the existence of an alternative remedy it is within the jurisdiction of discretion of the ..... rules of natural justice are the minimum standards of fair decision-making imposed on persons or bodies acting in a judicial or quasi-judicial capacity. where the relevant person or body is required to determine questions of law or fact in circumstances where its decisions will have a direct impact on the rights or legitimate .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(6)BomCR316; 2009(111)BomLR4332
..... from the date on which such undertaking has begun to manufacture or produce articles for the first time before the commencement of the maharashtra tax laws (levy and amendment) act, 1988; provided that, a new industrial undertaking which begins to manufacture or produce articles for the first time on any date after the commencement ..... has begun to manufacture or produce articles for the first time before the commencement of the maharashtra tax laws (levy and amendment) act, 1988 be leviable at half the rates specified in the schedule to this act.provided that, a new industrial undertaking which begins to manufacture or produce articles for the first time ..... that there is no distinction in any manner between the co-operative sugar factories and the private sugar factories, in respect of licensing policy, financial policy, taxation, levy, control and sale of sugar, payment of salaries to the employees, machinery requirements, procurement of the sugarcane from the farmers and the pricing policy .....
Tag this Judgment!Court : Mumbai
Reported in : (1982)84BOMLR608
..... in many later decisions, it will be worthwhile to reproduce them verbatim. what was in issue there was the challenge to section 15(2)(b) of the criminal law amendment act, 1908, whereunder the state government had declared a society called the people's education society an unlawful association. the general secretary of the society mr. row had challenged ..... whatever may be the method employed for this purpose provided it is effective it may be said that there is guidance for the purpose of fixation of rates of taxation.162. the court then pointed out the circumstances which provided a guidance to the corporation while levying the tax. it is interesting to note the circumstances so ..... statute under consideration. in some cases guidance in broad general terms may be enough. in other cases more detailed guidance may be necessary, in the field of taxation the guidance may take the form of providing maximum rates of tax upto which a local body may be given the discretion to make its choice, or it .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)ALLMR601; 2007(2)BomCR147
..... recognised union in any local area in respect of any industry under the central provinces and berar industrial disputes settlement act, 1947 (xxiii of 1947), shall, on the commencement of the bombay industrial relations (extension and amendment) act, 1964 (xxii of 1965), be deemed to be an union entered in the approved list as an approved union ..... no. 2 have also made certain arguments about the scheme of representation or appearance on behalf of employees as contained in b.i.r. act, in the light of case law cited by them respectively. i find it more convenient to refer to them while considering said scheme. 5. it is apparent that the proceedings ..... given necessary permission to petitioners in the matter. the petitioners cannot seek to replace respondent no. 4 altogether in such mode and manner. the ban imposed by law upon petitioners springs into existence moment it is shown that representative union has appeared in the matter. if petitioners found that respondent no. 4 was not espousing .....
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