Court : Mumbai
..... person, or any action taken or thing done in relation to such assessment, review, levy or collection under the provisions of the maharashtra value added tax act, 2002 (hereinafter in this section referred to as the value added tax act ), before the date of the commencement to the maharashtra value added tax (levy, amendment and validation) act, 2009 (hereinafter referred to as the said act ), shall be deemed to be valid and effective as if such assessment, review, levy or collection or ..... the value added tax act, as amended by the said act shall render any person liable to be convicted of any offence in respect of anything done or omitted to be done by him, before the commencement of the said act, if such act or omission was not an offence under the value added tax act but for the amendments made by the said act; nor shall any person in respect of such act or omission be subject to a penalty greater than that which could have been imposed on him under the law in force immediately before the commencement of the ..... action or thing had been duly made, taken or done under the value added tax act, as amended by the said act, and accordingly,- -(a) all acts, proceedings or things done or taken by the state government or by any officer of the state government or by any other authority in connection with the assessment, review, levy or collection of any such tax, shall, for all purposes, be deemed to be, and to have ..... 1940 .....
Tag this Judgment!Court : Mumbai
..... in the said statement of claim, the respondents applied for a declaration that the parties were no longer bound by continuing the mapa and the same stood terminated pursuant to the repudiatory breach committed by the petitioners herein and the direction to the petitioners to pay damages to the respondents in the sum of rs.180 crores or in the alternative sought a declaration that the parties were no longer bound by the mapa as it had become void under sections 32 to 35 and/or section 56 of the contract act and the respondents were not liable to refund any amounts or in the alternative for a declaration ..... commenced by the plaintiff against the defendant company, to which bejoy krishna roy was made a party defendant and the prayers in the plaint were for a two-fold declaration, namely, (1) that the contract dated the 5th of august, 1940, between the first and the second defendant, or rather his nominee, the plaintiff, was still subsisting; and (2) that the plaintiff was entitled to get a conveyance executed and registered by the defendant on payment of the consideration money mentioned in the agreement and in the manner and under the conditions .....
Tag this Judgment!Court : Mumbai
..... department of respondent no.1 to respondent no.2 and, more particularly, as the employees employed by respondent no.1 in the said department apprehended retrenchment either by respondent no.1 or after the demerger by respondent no.2 on some pretext and, further, because there was strong possibility of respondent no.2 not able to sustain the business competition and eventually likely to be closed down, decided to move the regional labour commissioner (central), respondent no.3, to intervene in the industrial dispute and admit the demand into conciliation under the provisions of the industrial disputes act, 1947 (for short, 'the act'). ..... for all these reasons, it is prayed that the respondents be restrained from hiving-off/demerging the engineering department of ai without giving notice of change in section 9-a of the act and that an expert committee to study the feasibility including economic viability of the proposal to hive-off / demerger be done and until then, the respondents are obliged to continue the employees of ai on its payroll and at best, could send them on deputation to respondent no.2. ..... doncaster amalgamated collieries (1940 all er 549)of the house of lords wherein it is held that in a case of transfer of property, rights and liabilities of the colliery company under the companies act the transfer of the contract of personal service would not be automatic. .....
Tag this Judgment!Court : Mumbai
..... in the premise of the definition of the word "court" in section 2(1)(e) of the act and since a party has to make an application to a "court" under section 9 of the act for interim reliefs, in order to decide the question whether the petition filed by the appellant herein under section 9 of the act before the bangalore court is maintainable or not and whether the bangalore court has jurisdiction to entertain that petition or not, it becomes necessary for the court to first decide whether the bangalore court is having jurisdiction to decide the questions forming the subject-matter of the arbitration, if the same had ..... this court after examining the provisions of sections 41, 31 and 2(c) of the arbitration act, 1940, held: thus one has to ascertain what are the questions forming the subject matter of the reference to arbitration which resulted in the award. ..... rao, learned counsel for the appellant, would, however, submit that having regard to the fact that the act permits the parties to resolve the disputes between them by way of arbitration at a chosen place with minimal intervention of the courts and since the parties in this case have agreed to settle the disputes between them in bangalore, we should interpret the provisions of section 2(1)(e) in such a way as to hold that the bangalore court has jurisdiction to entertain the application filed by the appellant under section 9 of the act. ..... even the 1940 act states: section 1 - short title, extend and commencement - (1) .... .....
Tag this Judgment!Court : Mumbai
..... in our view, the changes made in the present rent act by which landlords are permitted to charge premium, the provisions by which cash-rich entities are excluded from the protection of the rent act and the provision providing for annual increase at a nominal rate of 5% are structural changes brought about by the present rent act, 1999 visavis the 1947 act. ..... therefore, once there is an authoritative pronouncement which holds that there are classes of entities which have been excluded from the purview of the maharashtra rent control act, 1999 and based on their economic and financial positions, then, i cannot hold that foreign mission will not include a foreign state . 33. mr. ..... united arab republic, (1966) 1 scr 319 : (air 1966 sc 230) and this court upheld the bench decision of the calcutta high court and held that section 86(1) of the code of civil procedure as it stood at the relevant time was the statutory provision covering a field which would otherwise be covered by the doctrine of immunity under international law and save and except in accordance with the procedure indicated in section 86 of the code a suit against a foreign state would not lie. 23. ..... therefore, the legislature was required to keep in mind the vulnerability of fixing standard rent as on 1.9.1940. .....
Tag this Judgment!Court : Mumbai
..... these observations which were made by the supreme court were undoubtedly in the context of a decision on the issue as to whether the arbitration suit under section 20 of the arbitration act, 1940 was barred by limitation. ..... (1998 (3) scc 76)in which a distinction has been made between whether : (i) a claim made in arbitration is barred by limitation under the relevant provisions of the limitation act; and (ii) a claim made for an application under section 20 of the arbitration act, 1940 is barred. ..... an arbitration suit that was filed in this court under section 20 of the arbitration act, 1940 was dismissed by a learned single judge as barred by limitation and which decision was confirmed by the division bench. ..... a suit under section 20 of the arbitration act, 1940 was instituted on 8 may 1992 by harishankar singhania representing the kolkata group. ..... on behalf of the appellants in the mumbai group, two submissions have been urged while challenging the judgment of the learned single judge affirming the award : (i) section 26(2) of the arbitration and conciliation act, 1996 stipulates that unless otherwise agreed by the parties, an expert appointed by the arbitral tribunal is required after submission of his report to participate in an oral hearing where the parties have an opportunity to put questions to him and to present expert witnesses in order to testify on the points at issue. .....
Tag this Judgment!Court : Mumbai
..... the legislature has conferred the power to condone delay by enacting section 5 (any appeal or any application, other than an application under any of the provisions of order xxi of the cpc, 1908, may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period) of the indian limitation act of 1963 in order to enable the courts to do substantial justice to parties by disposing of matters on 'merits'. ..... we may also indicate here that the high court is justified in its finding that the objection petition has been filed within time by the respondent and the service of the copy of the application made by the appellant on the counsel of the respondent who had appeared in an earlier proceeding did not constitute a notice as contemplated under article 119(b) of the limitation act. ..... 1 and 2 filed arbitration petition (380 of 2005) in this court inter alia praying that award dated 25th april, 1989 be made rule of the court under section 17 of the arbitration act, 1940. ..... if we accept the contention of the learned counsel appearing for the applicant that the court should take a very liberal approach and interpret these provisions (order 22 rule 9 of the cpc and section 5 of the limitation act) in such a manner and so liberally, irrespective of the period of delay, it would amount to practically rendering all these provisions redundant and inoperative. .....
Tag this Judgment!Court : Mumbai
..... : this appeal is directed against judgment of conviction of the appellant for the offences punishable under sections 8(c) read with section 20(b)(ii)(c) of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as "ndps act" and sentence of rigorous imprisonment for a period of ten years with a fine of rs.1,00,000/- or in default further rigorous imprisonment for a period of two years recorded by the learned special judge for trial of cases under the ndps act at mumbai on the conclusion of trial of special case no.111 of 2006 before ..... mohanlal bababhai, reported in 1940 bombay law reporter 163 where this court had observed that a police officer is not entitled to give evidence of what the panch told him and that putting a panchanama without calling panchas is an infringement of rule of evidence. ..... the fact that the appellant's name was specifically mentioned in the information recorded by police inspector ramchandra mane which had been sent to the superior, along with the fact that it was the appellant, who had opened the door and the appellant was the only person found inside the room, would be enough to show appellant's complicity in possession of the contraband in the room. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the scheme of the registration of births and deaths act, 1969 (act no.18 of 1969), though presumption of any particular category referable to section 4 of the evidence act is not prescribed/ attached, the totality of scheme of the registration of births and deaths act will have to be considered and in the result it will have to be held that rebuttable presumption is attached to the entry as to date of birth recorded in the register maintained under registration of births and deaths act ..... sukhwinder singhs case (supra), the honble apex court saw adequate and special reason to invoke the proviso to section 376 o the indian penal code in the given facts: (i) the prosecutrix, not more than 16 years of age, had willingly left her parents house to be with the accused from neighbouring village and was consenting party to the act of sexual intercourse, (ii) since then had got married to the accused and did not want the matter to be carried any ..... it is held that prosecutrix was below 16 years, particularly in the background of the nature of present case, where behaviour and appearance of the prosecutrix is that of a well grown female and even upon considering the medical opinion about growth of her secondary sexual characteristics, it was the duty of the prosecution to prove that the accused had knowledge that age of the prosecutrix was below 16 years before indulging in sexual intercourse with ..... mind that even the age of marriage was fixed at 14 in 1929 and was made 15 in 1940 and 18 in .....
Tag this Judgment!Court : Mumbai
..... perusal of that judgment of the supreme court shows that there the supreme court was dealing with the application made under section 20 of arbitration act, 1940, and as under section 20 of the arbitration act, 1940 an application was to be made to the court, obviously article 137 of the limitation act will apply. ..... the government is obviously confusing the limitation for a petition under section 8(2) of the arbitration act, 1940 with the limitation for the claim itself. ..... .02.0112.04.0110.05.0125.05.0104.06.01article-18 and article-55 of part-ii, article-113 of part-x and article-137 of part-ii of the limitation act read as under:art.description of applicationperiod of limitationtime from which period begins to run18for the price of work done by the plaintiff for the defendant at his request, where no time has been fixed for payment.three yearswhen the work is done.55for compensation for the breach of any contract, express of implied not herein speciallyprovided for.three yearswhen ..... in the view of the high court the claim was governed either by article 56 or by article 115 of the first schedule to the limitation act, 1908, and the suit not having been filed within three years of the date on which the work was done and in any event of the date on which the claim was rejected was barred. .....
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