Court : Mumbai
Reported in : I(2006)ACC341; 2005ACJ1900
..... occupants of the car would become entitled to recover the full compensation from the respondents who are before the court. they may not have contributed to this accident or acted negligently, but since they did not implead the owner of the car and its insurance company, therefore, they have to forego 30 per ..... because income tax returns were not filed, it could not mean that the deceased had income below the level fixed by the income tax authorities under the income tax act. he also contended that no inference can be drawn legally in that regard, viz., in the absence of income tax returns, the income ..... narendra was earning rs. 10,000 per month as minimum income from different businesses and he was giving rs. 5,000 to family per month for household expenses.29. ramswarup, appellant no. 1, has stated that he retired as financial advisor in air frat limited, his salary at that time was rs. 10 ..... travelling in maruti car no. 7299 from karnala to bombay through bombay-goa road. when this car reached village chichwad and was negotiating ascending curve in a slow speed, a lorry bearing no. meh 4641 came from ..... cases before the motor accidents claims tribunal at alibag, arise in the following manner:accident took place on 24.8.1986 at 17.20 hours on bombay-goa road, near village chichwad, and the vehicles involved there are mmf 7299 and meh 4641. at that time vijendra choudhary and narendra singh were .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1953Bom242; (1953)55BOMLR86; ILR1953Bom1187
..... amounts received from private persons or amounts allotted by the state government or any local authority; and any other sum which may be directed to be credited by or under the provisions of the act. by the operative part of section 57 all these amounts, whether they be contributions or gifts or amounts which are collected as registration fees or administrative charges or ..... had also to consider whether a levy imposed under that act was a tax or a fee, and the learned judges quote with, approval a passage from findiley shirras in his science of public finance, and the learned author states (p. 50): 'taxes are compulsory contributions to public authorities to meet the general expenses of government which have been incurred for the public good ..... a religious denomination in the manner provided can be regarded as infringing any fundamental right of a member of that denomination. the provision imposing liability for payment of administrative expenses on the trusts in the management of the charity commissioner, and the application of the funds in satisfaction of that liability cannot for the same reasons be regarded as ..... fundamental rights embodied in part iii of the constitution, nor is any provision of this act beyond the competence of the state legislature. the result is that the petitions fail and must be dismissed.shah, j. (22) i agree.(23) bombay act 29 of 1950 was passed by the bombay legislature, as the preamble states, to regulate and make better provision for the administration .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(1)BomCR501
..... dog population, it shall be incumbent upon them to sterilize and immunize street dogs with the participation of animal welfare organizations, private individuals and the local authority.(3) the animal welfare organizations shall be reimbursed the expenses of sterilization/immunization at a rate to be fixed by the committee on fortnightly basis based on the number of sterilization/immunization done.rule 7: ..... evolving great legal principles in the field of labour law, in particular with regard to domestic enquiry, bonus, gratuity, fair wages, industrial adjudication etc. the industrial disputes (appellate tribunal) act, 1950 which provided for an all-india appellate body with powers to hear appeals against the orders and awards of industrial tribunals and labour courts in india was repealed in haste ..... have been sterilized which also resulted in substantial reduction in number of dog-bites as well as death due to rabies.115. the affidavit of bombay municipal corporation dated 24.8.2008 shows that in census conducted in 2007, in the city of mumbai there are 26,900 pet dogs and 70182 stray dogs. the said affidavit also mentions that in ..... not even provide for any scheme for setting up a provident fund. the act incidentally required that the institutinal contribution to any existing provident fund scheme should be paid into the institutional fund set up under the said act. looking to the pith and substance of the state act of 1978 also, it cannot be said that it in any way made .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1998Bom131; 1998(1)ALLMR393; 1998(2)BomCR744; (1998)1BOMLR822; 1998(1)MhLj444
..... both the enquiries and came to the conclusion that gangubai's datta trust should be registered as a public trust under the provisions of the bombay public trusts act, 1950, and a certificate under classification 'a' be issued in favour of the said trust and be delivered to the trustee leelabai. being aggrieved ..... in accordance with law. the original appellant in this court shivprasad pardeshi filed an application on 6-8-1959 under section 19 of the bombay public trusts act, 1950 for registration of the trust claiming himself to be the trustee on the basis of the deed, of trust dated 13th november 1941. ..... the manner in which the property has long been used by the public, the contribution of the public, to all intents and purpose as a matter of right without the least interference or restrictions from the temple authorities, to foster maintenance of the worship, the accretion to the trust property by way ..... poor students from gangubai's community or for the maintenance of the poor widows belonging to gangubai's community or for the marriage and funeral expenses of poor person from her community.31. the above provisions in the trust deed and the oral and documentary evidence overwhelmingly suggests that the ..... absence of any specific provisions to the contrary, nothing in the c.p.c. shall be deemed to limit or otherwise affect any special or local law now in force or any special jurisdiction or power conferred, or any special form of procedure prescribed by or under any otherlaw for the time .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(2)BomCR702
..... the constitution aimed at the verdict of the charity commissioner (cc) in a proceeding under section 41-d r.w. 41-e of the bombay public trusts act, 1950 (b.p.t.a.).2. basic education is one of the many concepts which this country owes to mahatma gandhi. to popularise this ideal ..... 's college and admittedly the amounts were not received by them. vajubhai pleads that the same were donated by the local participants to defray the expenses incurred by outsiders. the t.a. and d.a. received by the outsiders was said to be insufficient and therefore the ..... 75/- per month dr. bhave realised the short payment quite late. the next grievance is in regard to the management's share of the provident fund contribution to dr. bhave's account. the university was opposed to such a claim and changed their view quite late. thereafter the necessary amount was paid. ..... against trustees were actuated by dishonest and corrupt motives or showed an uttar lack of competence to administer the trust property. to quote from this authority ---'errors of judgment or miscarriage of discretion have to be disregarded unless they be sufficiently chronic. one is apt occasionally to magnify such shortcomings into ..... greater precision. vajubhai did not believe in decentralisation and the others in the trust were content to believe that things were in order. concentration of authority to the extent of even dispensing with a scribe for writing the minutes explains the errors and omissions. nothing sinister can be spelt out from .....
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Reported in : 2000(4)BomCR368
..... application no. 292 of 1976 dismissing the said application, which was filed by the applicants under section 72 of the bombay public trusts act, 1950 (hereinafter referred to as the said act), claiming an interest in the trust and the trust property for setting aside the decision of the charity commissioner, maharashtra ..... the deity ram and that the thattes were appointed only as managers and the deity was a public temple and that the public was contributing for the expenses and that the public was coming to take the darshan etc., and therefore, the whole land belonged to the deity ram and ..... as a public trust, the assistant charity commissioner appears to have proceeded with an enquiry under section 19 of the act. the deputy charity commissioner, the first authority under the act for registration of a trust held the enquiry in the said application which was numbered as 59 of 1967 and ..... not left any corner of the case unsearched. he has critically examined the whole evidence and the case including the judgement given by the two authorities below. he has also elaborately given details and particulars of the case which he discussed. he also has very clearly held that there were ..... in fact he virtually argued the present appeal exhaustively as if it was a first appeal and not a second appeal. according to him, the authorities below including the district court have misconstrued the documents and, therefore, they came to a wholly erroneous and perverse findings. shri thatte, therefore, submitted .....
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Reported in : 2010(112)BomLR218
..... on the business of health-care by building a hospital. defendant no. 2/konkan unnati mitra mandal (kumm) is a public charitable trust under the bombay public trusts act, 1950 and a society registered under the societies registration act, 1860. defendant no. 3/shristi infrastructure development corporation ltd. (sidcl) is a company and holds 21,50,000 shares in defendant no. 1. defendant no ..... the jva (dated 03.02.04) which re-confirmed that the land provided by defendant no. 2 was of high value and should be regarded as defendant no. 2's contribution to the project. it provided for completion of project within stipulated period of time and required defendant no. 3 to bring in quasi capital of rs. 50 crores. completion of ..... addressed a letter that incomplete construction work posed an imminent danger to the neighbouring buildings. the group b as alleged by filing motivated false and frivolous complaints and instigating the authorities created several hurdles in the smooth functioning the defendant no. 1 and in completion of the project. on 26.06.2007, defendant no. 1 replied to the above letter.23 ..... clauses read with subject and object of the jva and its articles, merely because defendant no. 1/company and/or defendants 3 and 4 have paid and invested and incurred expenses till date of termination in the present facts and circumstances, that itself cannot be the reason to grant interim relief in favour of the plaintiff and against the defendant which .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(1)BomCR152
..... : (a) the bombay housing board act, 1948, (b) madhya pradesh housing board act, 1950, (c) the bombay building repairs and reconstruction board act, 1969, and (d) the maharashtra slum improvements act, 1973 and all these acts were repealed on enactment of the maharashtra housing and area development act, 1976. by section 3 of this act, the state government was required to establish an authority to be called the ..... of the occupiers in stupendous task of the work of structural repairs or reconstruction. the advantage to the occupiers could be secured by requiring the occupiers to contribute towards the expenses of repairs or reconstruction and on an assurance that the occupiers would be owners of the premises on formation of co-operative housing society. the government rightly ..... felt that the burden upon each of the occupier would not be so heavy in contribution of expenses in repairs compared to the advantage which would be secured by the occupier being the purchaser of the tenement. the submission of shri setalvad that the object of ..... building and also to carry out expansion of work of improvement of the slum area. it would also not be possible for the competent authority to recover from such trespasser expenses incurred by the competent authority for maintenance of works or enjoyment of amenities provided for improvement of the slum area and, therefore, a wider meaning was required to be .....
Tag this Judgment!Court : Mumbai
Reported in : (1981)22CTR(Bom)41; [1981]128ITR87(Bom); [1980]4TAXMAN381(Bom)
..... act, 1950, and was, therefore, liable to tax under that act. the supreme court negatived this contention on the ground that these trees constituted capital assets and the proceeds therefrom by sale as firewood would not, therefore, constitute agricultural income under the said act. in relying upon this authority ..... was claimed on the total investments on buildings and land and the same was allowed every year as business expenses as evidence to show that there was any agricultural operation carried on the land prior to its purchase by ..... till the assessment year 1959-60 when the area was included within the jurisdiction of the municipal corporation of greater bombay. it has been further averred that in respect of these lands business losses were also claimed by the petitioner- ..... or of a cantonment board, and which has a population not less than ten thousand according to the last proceeding census of which the relevant figures have been published before the first day of the previous year. paragraph (b) refers ..... b) which permitted the central govt. to notify certain areas within a distance of not more than eight kilometres from the local limits of any municipality or cantonment board.68. we find the argument of indirect delegation with respect to para. (a) ..... act of 1886 was very similar to that contained in the indian i.t. act, 1922. the reason for exempting agricultural income from tax was that the landlords paid land revenue to the government and should not, therefore, be asked to contribute .....
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Reported in : 2005(3)BomCR308; [2005(104)FLR902]; 2005(2)KLT165; (2005)IILLJ132Bom; 2005(1)MhLj693
..... the faithful of christ at mumbai. the seminary has been registered on 7th december, 1988 as a religious charitable trust under the bombay public trust act, 1950. the court has been moved under article 226 of the constitution by the rector of the seminary. the challenge in these proceedings is ..... to be inculcated with a sense of mission. they are to learn that a ministry which is always exercised with lively faith and charity contributes effectively to their personal sanctification. they are to learn to cultivate those virtues which are highly valued in human relationships, in such a ..... practice commerce or trade, either personally or through another, for their own or another's benefit, except with the permission of the lawful ecclesiastical authority'.11. annexed to the petition is a list of fifteen priests attached to st. pius college. the list shows that these priests had rendered ..... in accordance with the prescriptions of canon law. according to the petitioner, the funds of the seminary are specifically appropriated in payment of expenses for the promotion or maintenance of the roman catholic faith and the seminary caters to the needs of the faithful of christ. hence, ..... for charitable works.can. 284 : clerics are to wear suitable ecclesiastical dress, in accordance with the norms established by the episcopal conference and legitimate local custom.can. 285 : 1. clerics are to shun completely everything that is unbecoming to their state, in accordance with the provisions of particular .....
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