Judgment Search Results Home > Cases Phrase: the kerala advocates welfare fund act 1980 1 Sorted by: old Court: mumbai Page 1 of about 546 results (0.088 seconds)

Swaraj Mazda Limited Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2000)(71)ECC557

..... accordingly these appeals are allowed to the extent of the refund payable as claimed by the appellant and for the reasons mentioned above we remand the matter to the assistant commissioner to determine in the light of the evidence produced by the appellant within two months from the receipt of this order whether the amount should be refunded to the appellant or credited to the consumer welfare fund. ..... the question whether by application of sub-section (2) of section 27 of the act refund is to be paid to the appellant or to be credited to consumer welfare fund. ..... we are told by the advocate for the appellant that the provisional assessment was ordered because of an apparent relationship between the supplier of the goods and the importer, giving rise to doubts of the acceptability of the transactional value. ..... the claim for refund of duty paid on these has been rejected on the grounds that section 13 of the act will not apply as this is not a case of pilferage and section 23 will not apply because the goods were not examined in the presence of the carrier or its representative and therefore it cannot be shown that the damage or the loss of contends was present when the goods were loaded on board the ship. ..... cce ; kerala state electric lamp works ltd. v. ..... in kerala state electric lamp works ltd. v. .....

Marico Industries Ltd. and Another Vs. Goa State Agricultural Marketin ...

Court : Mumbai Goa

..... the learned counsel in support of his submission has relied upon the judgment of the apex court reported in air 1995 sc 1620 in the case of regional executive, kerala fishermen's welfare fund board v/s m/s. ..... it was also pointed out by the learned counsel appearing for the petitioners that in terms of section 31 of the said act of 1963 in the alternative and in any event, in view of the proviso to the said provisions as the petitioners are procuring copra from different states only for the purposes of processing and/or exporting, the petitioners are not liable to pay the market fees. ..... it was also noted in the said order that the learned additional government advocate has pointed out that before going into the merits of the rival contentions, it would be appropriate to take inspection of the relevant records to ascertain whether copra which was brought by the petitioners is in fact used for processing and/or exporting as contended by the petitioners. ..... lawande, learned government advocate appearing for the respondents has pointed out that the petitioners are liable to pay market fees in respect of 3,29,870 kgs of copra which is not accounted for by the petitioners as being exporter after processing. ..... the learned government advocate further pointed out that as the petitioners are not in a position to show that to that extent copra was exported after processing, the claim of the respondent no.1 to a sum of rs.90,80,894/- stands justified. .....

The State Vs. Alisaheb Kashim Tamboli

Court : Mumbai

Reported in : AIR1955Bom209; (1955)57BOMLR135; 1955CriLJ932; ILR1955Bom624; (1955)IILLJ182Bom

..... thea referred to section 85 and referred to section 151, knglish act of 1937 and, in the end, concluded as follows;'....it is obvious, therefore, that it was thougntnecessary to include in the act the provision of section 85(11) so as to enable government to declare as a factory even premises where more than twenty persons worked, who were not employed bv the owner of the premises, but were, working there with the permission of, or under agreement with the owner, because the meaning which the legislature gave to the word 'employed' in section 2(1) was that there was ..... maintenance of canteens, rest rooms, etc, now, the provision of canteens, shelters, rest rooms and lunch rooms is under the modern legislation considered essential for the welfare and efficiency of labour and we cannot believe that in such matters the legislature would have intended to deny these comforts to piece workers and provide them only to those who might have entered into a relationship of master and servant with the management of the factory.drinking water to which reference is made ..... then again, there are the words 'whether for wages or not' and it is difficult to conceive of a position where a person who is in relationship of a servant 'quae' the authorities of the institution would not be paid wages at all.in this connection, the learned advocate mr. ..... ' both the learned advocates mr. .....

Radhabai Mohandas Vs. State of Bombay

Court : Mumbai

Reported in : AIR1955Bom439; (1955)57BOMLR827; 1955CriLJ1564; ILR1955Bom1039

..... province or any part thereof' section 99, government of india act mean 'for the purposes of the province or any part thereof', that it is competent for a state legislature to apply its law to acts done outside the state and that the validity of such a law would depend not upon the possession by the legislature of extra-territorial powers, but upon there being sufficient territorial connection between the state and i the act to which it seeks to make the law applicable.mr. mengde has urged that all ..... 337. it was held in that case that acts passed by the parliament of new south wales, under which interest realised outside this state on debentures, secured by the mortgage of properties within the limits of the state, was made liable to tax, were within the constitutional power of the parliament of new south wales to make laws for the peace, welfare and good government of the ..... 427. there was no connection between the company and british india excepting the derivation from british india of the major part of the income during the previous year and the question in issue in appeal was whether the provisions of the indian income-tax act, 1922-1939, by virtue of which the whole income of the company, including that which arose without british india, was subjected to income-tax, were valid.the question was answered in the affirmative by the privy ..... law.47. we are thankful to the learned advocates, who appeared in this case and particularly to .....

S. Vasudevan and ors. Vs. S.D. Mital and ors.

Court : Mumbai

Reported in : AIR1962Bom53; (1961)63BOMLR774; (1963)IILLJ264Bom

..... (bom) on consideration of various decisions, including the aforesaid two decisions of their lordships of the supreme court, the rule deducible has been summarised as follows:'the important test for deciding whether any business, trade, or a calling of an employer, service, employment avocation or occupation of an employee constitutes an industry within the meaning of the act is not only the character of the activities indicated by the works included in the definition but their form and organisation in relation to the employed labour force as an active and ..... the respondents do not place any material before the court to establish that the legislation comes within the permissible limits of clause (6), it is surely not for the appellant to prove negatively that the legislation was not reasonable and was not conductive to the welfare of ..... . singhvi, in the first instance, urged that the expression 'strike' and 'demonstration' are not defined; the expression 'demonstration' is very wide; in the absence of any definition, the executive authorities might include ordinary gestures such as putting on a cap of a particular variety or a badge or distribution of leaflets advocating the cause of public servants as ..... view has been taken by the kerala high court in ..... is true that two of the conditions in the said rule provides that recognition will not be granted if the association admits outsiders to be members of that association or if the association takes funds from outsiders, but .....

Sakharam Narayan Kherdekar Vs. City of Nagpur Corporation and ors.

Court : Mumbai

Reported in : AIR1964Bom200; (1963)65BOMLR627; ILR1963Bom478

..... the argument is that unless the office of a legal practitioner or an income-tax practitioner as such can be shown to be within the ambit of definition of 'commercial establishment' in section 2(4) of the act, any entry such as item 18 made by the state government to schedule ii will not have the effect of including the office or establishment of an advocate carrying on a profession therein to be governed by the provisions of tha shops act ..... as follows: -' 'commercial establishment' means an establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession and includes a society registered under the societies registration act, 1860 and a charitable ot other trust, whether registered or not, which carries on whether for purposes of gain or not, any business, trade or profession or work in connection with or incidental or ancillary thereto but does ..... the learned judges of the high court have rested their decision on this part of the case on the reasoning that the terms of the impugned section might be justified on the ground that it is designed in the interest of the owner of the shop or establishment himself and that his health and welfare is a matter of interest not only to himself but to the ..... as follows :'the ratio of the legislation is social interest ia the health of the worker who forms an essential part of the community and in whose welfare therefore, the community is vitally .....

M.K. Khan Vs. Competent Authority, Assistant Housing Commissioner (Est ...

Court : Mumbai

Reported in : (1970)72BOMLR630; 1971MhLJ61

..... and the one before us is that whereas the punjab act was passed in order merely to provide for a speedier inquiry and investigation into certain claims, chapter v-a was introduced because it was realised that taking recourse to regular courts of law for the purpose of recovering arrears of rent or for evicting occupants was likely to frustrate the very purpose for which the housing board was established under the act, the act is a beneficient measure of legislation and it promotes public welfare by fulfilling a crying public need, ..... if such person makes an application to the competent authority for extension of the period specified in the notices the competent authority may grant the same on such terms as to payment and recovery of the amount claimed in the notice as he deems fit, any written statement put in by such person and documents produced in pursuance of such notice shall be filed with the record of the case and such person shall be entitled to appear before the officer proceeding in this connection by advocate, attorney or pleader. ..... . the housing board cannot manage its estates under the ordinary law like other private landlords, because the housing; board's tenants arc taken on the lottery system without too detailed check on their financial capacity to pay rents, and the estates which arc raised by government funds are of enormous proportions ..... . state of madras & kerala : [1960]3scr887 ) .....

The State of Maharashtra Vs. Baba Joseph

Court : Mumbai

Reported in : (1970)72BOMLR830

..... it is the contention of the learned advocates for the accused that under section 114 of the indian evidence act we could only hold each of the accused either as a thief or as a person in possession of the stolen property ..... the learned advocate for the accused had invited my attention to the observations of ..... a point, therefore, naturally arises now to see whether under section 114 of the indian evidence act, we have to presume that each of these two accused is a thief of we have to presume that he is a person who was in possession of stolen ..... para 7 of the judgment the supreme court has observed as follows :.before we deal with that evidence, it is necessary to consider how tar recent possession of property of a deceased, in circumstances clearly indicating that he had been murdered and robbed, would suggest that not only the possessor of the property was a thief or a receiver of stolen property, but that it also indicated that he was guilty of a more aggravated crime which had connection with the theft.in the case of 'the emperor v. ..... the supreme court were considering during the course of their judgment a question whether the evidence before them in the case established that the appellant murdered and robbed ramdulari in view of the recent possession of property of the deceased ..... this evidence therefore clearly established that an offence of theft was committed at the house of chhaglani and the suit-case and other articles of shardabai were stolen from his house.7. ..... shahu [1980] a.i.r. .....

The Union of India (Uoi) Vs. the Official Assignee of Bombay

Court : Mumbai

Reported in : (1971)73BOMLR623; 1971MhLJ884

..... have the amount realised by his exertions paid to him to the extent of his costs and expenses so long as the money is under the control or in the custody of the court; (3) it is lost the moment the money goes out of the control or custody of the court by payment to a third party; (4) in any case, the lien referred to above arises only in favour of a solicitor on his obtaining an order from the court securing the fund in the custody of the ..... the right which it claims is in its capacity as the state and its contention is that as it is the custodian of public welfare, as moneys which it is claiming belong to the coffers of the state and are to be used in public interest, it should be given precedence over private creditors who have not to discharge the duties or responsibilities of the state.in our opinion, therefore, the doctrine of common law with regard to priority in the payment of debts of equal degree due to the state as against the citizen is not in any way inconsistent with the provisions of ..... act or by any other law for the time being in force, all grants of probate and letters of administration with the will annexed and the administration of the assets of the deceased in cases of intestate succession shall be made or carried out, as the ease may be, in accordance with the provisions of this part.the answer on behalf of the respondents has been that section 217 cannot help the appellant because of the opening words of section 217 'save as otherwise provided by this ..... ( .....

The Charity Commissioner Vs. Shri Vishram Bharati Goswami

Court : Mumbai

Reported in : (1974)76BOMLR475

..... the learned advocate general who has appeared in support of the appeals has assailed the judgment of the city civil court on the ground (1) that the judgment is based on an erroneous assumption that the powers conferred by the act on the state government under section 8(2) of the act is delegated legislation; and (2) on the erroneous assumption that the act provides for specific powers being exercised only by the specific class of officers. ..... as i have endeavoured to show, the very preamble to the act, and the nature and the functions of the duties to be performed by the charity commissioner, having regard to the large number of trusts in the state and because of the heavy workload depending on emergencies, the legislature appears to have deliberately left it to the state government, to decide upon the nature of the urgency and the suitability of the officer concerned to exercise the higher powers than the powers which are normally attached to the cadre post he is holding.40. mr. ..... 1979 and 1980 respectively and of chandrachud j. ..... state of kerala a.i.r. .....