Court : Mumbai Goa
..... according to the petitioners, no investigation has also been carried out as to whether the said company and its directors were filing any returns and also whether there was complicity of the statutory auditors or other auditors in deliberately not pointing out the acceptance of the fixed deposits from the investors de hors the licence from the reserve ..... also pointed out that they have also taken up investigation under foreign exchange management act, 1999 and the letters are sent to the reserve bank of india, roc, sebi and the commissioner of income tax informing about the crime and requested them to take necessary action. ..... it is also contended that looking into the case papers produced under section 173 of the criminal procedure code, it gives a feeling that the entire investigation system contemplated in part xii of the criminal procedure code has been given a go by and that the investigation appears to be ..... funds of magnitude of above rupees 50 crores and they could not register the petitioner no.1's complaint as an fir as it would overburden the staff of the economic offence cell though they recorded the statements under section 161 of the criminal procedure code. ..... also sought to register the petitioners' complaints dated 16.04.2016, 15.04.2016, 18.04.2016, and 28.04.2016 as firs in terms of section 154 of the criminal procedure code. 5. ..... 109/2016 under sections 406, 420, 421, 423, 120b of indian penal code is registered at the economic offence cell upon the complaint filed .....
Tag this Judgment!Court : Mumbai
..... of any service or persons appointed to any service or post, no court except (a) the supreme court; or (b) any industrial tribunal, labour court or other authority constituted under the industrial disputes act, 1947 or any other corresponding law for the time being in force, shall have, or be entitled to exercise any jurisdiction, powers or authority in relation to such recruitment or matters concerning such recruitment or such ..... enables the tribunal to function through single member benches is the focus of some controversy, as will subsequently emerge, and is fully extracted as under: "section 5(6) notwithstanding anything contained in the foregoing provisions of this section, it shall be competent for the chairman or any other member authorised by the chairman in this behalf to function as a bench consisting of a single member and exercise the ..... petitioners to file fresh original application before the maharashtra administrative tribunal, these writ petitions are returned to the petitioners for presentation before the maharashtra administrative tribunal and it is accordingly directed that the papers of these writ petitions along with the original records be returned to the counsel for presenting the same before the maharashtra administrative tribunal within two weeks ..... final chapter of the act, comprising sections 28 to 37, vests the tribunals under the act with ancillary powers to aid ..... in these petitions inter alia are sales tax inspectors, police sub-inspectors etc which are .....
Tag this Judgment!Court : Mumbai
..... are adverted to and interpreted by the full bench of this court and held that it would not be open to the school tribunal to hold that an employee would be deemed to be on probation within the meaning of section 5(2) of the meps act on the ground that the appointment was made in a clear and permanent vacancy, notwithstanding the fact that the letter of appointment specifically stipulated that the appointment has been made in a temporary capacity and that ..... enable the hon'ble chief justice to constitute a larger bench in resolving the issue whether it would be open to the school tribunal to hold that an employee would be deemed to be on probation within the meaning of section 5(2) of the meps act on the ground that the appointment was made in a clear and permanent vacancy, notwithstanding the fact the letter of appointment specifically stipulated that the appointment has been made in a temporary capacity. 65. ..... court referred the following issue for consideration of a larger bench:- would it be open to the school tribunal to hold that an employee would be deemed to be on probation within the meaning of section 5(2) of the maharashtra employees of private schools (conditions of service) regulation act, 1977 on the ground that the appointment was made in a clear and permanent vacancy, notwithstanding the fact that the letter of appointment specifically stipulated that the appointment has been ..... , supreme court adverted to its judgment in the case of the commissioner of income tax vs. .....
Tag this Judgment!Court : Mumbai Goa
..... been raised in the memo of appeal. 5. whether the impugned decree is in contravention of section 26 of the specific relief act 1963 in view of the following : i) no relief for rectification came to be specifically claimed as contemplated by ..... (4) whether the onus of proof could have been shifted upon the defendant by resort to section 111 of the evidence act, 1872: i) in the absence of any pleadings to the effect that a question as to good faith of transaction was indeed involved between the parties; ii) in the absence of any plea relating to undue influence as contemplated by sections 16 and 19(a) of the contract act having been pleaded by the plaintiff; iii) in the absence of any such point having ..... the confidence of the respondent no.1 in the appellant no.1 has been duly established and as such in terms of section 111 of the evidence act, the onus to prove good faith was on the appellant no.1 ..... the learned judge also noted that it was admitted that the house tax was paid by the respondent no.1 and that it was recorded ..... . the net effect of the finding of the fact finding court is that a sum of rs.6000/- was paid by the respondent no.1 and remaining amount of rs.3500/- which makes total consideration was paid .....
Tag this Judgment!Court : Mumbai
..... under article 226 of the constitution of india challenges the inaction / failure on the part of the assessing officer in processing the return of income under section 143(1) of the income tax act, 1961 (the act) and granting refund consequent thereto in accordance with section 143 (1d) of the act. ..... affidavit-in-reply, it is pointed out that the reason for not processing the petitioner's return of income under section 143(1) of the act and considering the refund due consequent thereto under section 143(1d) of the act was cbdt instruction no.1 of 2015 dated 13th january, 2015. ..... unambiguous language of the relevant provision and the intention of law as discussed above, the central board of direct taxes, in exercise of the powers conferred on it under section 119 of the act hereby clarifies that the processing of a return cannot be undertaken after notice has been issued under sub-section (2) of section 143 of the act. ..... on 12th august, 2016, the petitioner made a further representation to the assessing officer as well as to the principal commissioner of income tax, city-12, inter alia seeking the processing of its return in terms of section 143(1) of the act and consequent refund in respect of its return filed for a.y. ..... late as in 2014 in the citizen's charter issued by the income tax department in its vision statement states that the department aspires to issue refunds along with interest under section 143(1) of the act within 6 months from date of electronically filing the returns. .....
Tag this Judgment!Court : Mumbai
..... persons with speech, hearing or visual impairments may make wills (succession act, section 59, explanation 3).a person not of sound mind may also do so in an interval of lucidity (succession act, section 59, explanation 4).what is relevant is testamentary capacity on the date of execution of the will. 19. ..... both need not be present at the same time, but each must have seen the testator sign the will (succession act, section 63. ..... he must be shown to have made the will of his own volition and without any importunity as might rob him of free agency (succession act, section 61). ..... the testator must be an adult of sound mind (succession act, section 59). ..... p and p1 : true certified copies of property tax and land revenue issued by the talati, gram panchayat, kabilpur, taluka district navsari, gujarat in respect of a bungalow known as vina villa (vol. d-1, p. ..... humranwala says jaswantbhai had diabetes, hypertension, bronchial asthma and chronic renal failure . ..... the section allows the making of a mark or the signature on behalf of the testator by another and at his direction; each attesting witness must either see the testator sign, make or make another sign the will or receive a personal ..... the registry will act on an authenticated copy of this order. .....
Tag this Judgment!Court : Mumbai
..... section 256(1) of the income tax act, 1961 ( act ), the income tax appellate tribunal ( tribunal ) has referred the following question of law for our consideration: whether on the facts and in the circumstances of the case in law, the tribunal was justified in holding that the assessee was not entitled to claim weighted deduction under section 35b of the act ..... sale outside india of such goods, services or facilities, including travelling outward from, and return to, india; (viii) performance of services outside india in connection with, or incidental to, the execution of any contract for the supply outside india of such goods, services ..... such goods, services or facilities; (v) preparation and submission of tenders for the supply or provision outside india of such goods, services or facilities, and activities incidental thereto; (vi) furnishing to a person outside india samples or technical information for the promotion of the sale of such goods, services or facilities; (vii) travelling outside india for the promotion of the ..... other person, any expenditure (not being in the nature of capital expenditure or personal expenses of the assessee) referred to in clause (b), he shall, subject to the provisions of this section, be allowed a deduction of a sum equal to one and one-third times the amount of such expenditure incurred during the previous year : provided that in respect of the expenditure .....
Tag this Judgment!Court : Mumbai
..... in number representing three-fourths in value of the creditors, or class of creditors, or members, or class of members as the case may be, present and voting either in person or, where proxies are allowed under the rules made under section 643, by proxy, at the meeting, agree to any compromise or arrangement, the compromise or arrangement shall, if sanctioned by the tribunal, be binding on all the creditors, all the creditors of the class, all the members, or all ..... company: provided that no order sanctioning any compromise or arrangement shall be made by the tribunal unless the tribunal is satisfied that the company or any other person by whom an application has been made under sub-section (1) has disclosed to the court, by affidavit or otherwise, all material facts relating to the company, such as the latest financial position of the company, the latest auditor's report on the accounts of the ..... hardly likely to come to court asking for a court s permission to be allowed to defraud the revenue and cheat on its taxes, defy regulatory authorities this is equally true of questions such as those raised in paragraph 6(c) of the regional director s first ..... a government s failure to act, its inaction (or sloth) cannot be used to the prejudice of a party that is in no ..... read in isolation; their colour and their content are derived from their context (attorney-general v prince ernest augustus of hanover, [1957] ac 436, per viscount simonds). ..... i am returning the eod and merger agreement .....
Tag this Judgment!Court : Mumbai
..... to the secured creditor within sixty days from the date of notice failing which the secured creditor shall be entitled to exercise all or any of the rights under sub-section (4); provided that (i) the requirement of classification of secured debt as nonperforming asset under this sub-section shall not apply to a borrower who has raised funds through issue of debt securities; and (ii) in the event of default, the debenture trustee shall be entitled to enforce ..... since the respondents failed to repay the outstanding amount, on 14/05/2003 central bank took measures under section 13(4) of the sarfaesi act and took physical possession of the office premises situated at 89, mittal chambers, nariman point, bombay ( office premises ) mortgaged by respondent no.3. ..... however, it has to be noted that the bank has already initiated proceedings under the sarfaesi act and after the notice under section 13(2) is issued, if the bank wishes to take possession, order has to be obtained from the chief metropolitan magistrate/district magistrate, seeking permission to take possession of the ..... counsel appearing on behalf of the respondent/arcil submitted that this was a classic case where it could be shown and demonstrated that dishonest debtors in order to frustrate the steps being taken under the sarfaesi act had relied on back dated arbitration award which was designed to frustrate the claim of arcil for recovery of the debts due from the appellants. ..... (iii) joint commissioner of income tax, surat vs. .....
Tag this Judgment!Court : Mumbai
..... the hon'ble supreme court merely declares that while widening the scope of entry no.54 of list ii, the powers of the state to levy such tax are subjected to a corresponding restriction as a consequence of the constitutional curbs imposed on sales tax under article 286 read with sections 14 and 15 of the central sales tax act, 1956, and the ade act, 1957. ..... proviso reads thus: "during each of the financial years commencing on and after the ist day of april, 1974 there shall be paid to each of the states specified in column 1 of the table below such percentage of the net proceeds after deducting therefrom a sum equal to 1.41 per cent of the said proceeds as being attributable to union territories, as is set out against it in column 2. ..... it says that during each financial years there shall be paid out of the consolidated fund of india to the states, in accordance with the provisions of the second schedules such sums, representing a part of the net proceeds of the additional duties levied and collected during that financial year, as are specified in the schedule. ..... that is setting out the percentage of the net proceeds of the taxes and duties referred to in clause (1) of article 270 other than service tax which are to be assigned to the states under clause (2) of that article in each financial year commencing on and after the first day of april, 2005, but ending before the first day of april, 2010. .....
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