Judgment Search Results Home > Cases Phrase: west bengal corneal grafting act 1965 Court: mumbai Page 10 of about 135 results (0.091 seconds)

Shantilal Ambalal Mehta Vs. M.A. Rangaswamy

Court : Mumbai

Reported in : (1977)79BOMLR633; 1977MhLJ587

..... breach of natural justice goes to jurisdiction and makes a decision void as will be clear by the observation of the learned author earlier at page 131 when he observes:.for the present we shall act on the assumption that breach of natural justice goes to jurisdiction (or is closely akin to jurisdictional error) and makes a decision void.if a decision is without jurisdiction, the fact that the decision ..... that was a case in which a statutory order made under the provisions of monopolies and mergers act, 1965, regulating the prices of certain drugs was challenged on the ground that the findings, conclusions and recommendations contained in a report ..... part c state or part thereof, but does not include any act of parliament of the united kingdom or any order in council, rule or other instrument made under such act:the word 'enactment' is also denned in general clauses act in section 3(19) as follows:'enactment' shall include a regulation (as hereinafter defined) and any regulation of the bengal, madras or bombay code, and shall also include any provision ..... contained in any act or in any such regulation as aforesaid:the definition of 'enactment' is an inclusive definition, but there is little doubt that it means an act made by .....

Maharashtra Chamber of Housing Industry and Others Vs. State of Mahara ...

Court : Mumbai

..... west bengal (air 1968 sc 162), the supreme court was concerned with the income tax act, 1922, which was repealed by the income tax ..... or wife who is not so absent or mentally incapacitated and where both the husband and the wife are absent from india or are mentally incapacitated from attending to their affairs, by any other person competent to act on behalf of the husband or wife or both; (c) in the case of a company, by the principal officer thereof; (d) in the case of a firm, by any partner thereof; (e) in the case ..... india, by the individual concerned or by some person duly authorised by him in this behalf; and where the individual is mentally incapacitated from attending to his affairs, by his guardian or any other person competent to act on his behalf; (b) in the case of a family, by the husband or wife and where the husband or wife is absent from india or is mentally incapacitated from attending to his or her affairs, by ..... /2009 dated 08 th july, 2010 sets out the correct legal position as regards the ambit and scope of section 3(1)(b) of the urban land (ceiling and regulation) repeal act, 1999 or whether, the view taken in mira bhayandar builders and developers welfare association v/s the deputy collector and competent authority, thane urban agglomeration and others in writ petition ..... . the notified-date, as originally fixed, was 1.4.1965; but owing to the uncertainties imparted to the implementation of the law by the challenged made to the provisions of chapter iii-b before .....

Fifth Wealth-tax Officer Vs. Madhav L. Apte, Trustees of V. S. Apte.

Court : Mumbai

Reported in : [1984]8ITD806(Mum)

..... for the assessment of an association of persons, the context therein may indicate that individual does not include individuals, but such an interpretation is not permissible when we deal when section 3 of the act.it would appear from a reading of the decision that the question not considered in the case of kripashankar dayashankar worah (supra) that is, whether the trustees did not come within the scope of section 3, has ..... the other decision we will refer to is the decision of the supreme court in the case of administrator-general of west bengal for the estate of raja p. n. ..... the settlor died in 1952 without making any provision for the disposal of the corpus of the trust property, under section 83 of the indian trusts act, 1882, the trustees will be holding the corpus of the trust for the benefit of the legal heirs of the settlor. ..... dayashankar worah : [1971]81itr763(sc) , the contention raised was that trustees could not be assessed under the act as section 21(1) of the act provides for assessing the trustees who held the trust property on behalf of others. ..... since the settlor died before the coming into effect of the hindu succession act 1956 the property will have the characteristics of huf in the hands of the legal ..... cit : [1965]56itr34(sc) ..... cwt : [1965]56itr648(bom) , he pointed out that in the absence of any provision for charging and assessing the net wealth of a deceased individual beyond the financial year in which the person dies, no assessment could be made, similarly, .....

Shivaji Sakharam Bhumre and ors. Vs. the State of Maharashtra and ors.

Court : Mumbai Aurangabad

..... a court is not entitled to presume that any and every person who is proved to have been present near a ritous mob at any time or to have joined or left it at any stage during its activities is in law guilty of every act committed by it from the beginning to the end, or that each member of such a crowd must from the beginning have anticipated and contemplated the nature of the illegal activities in which the assembly would subsequently indulge. ..... thus, it is clear from the observations of the apex court, in the rulings cited supra, that though from the evidence of the prosecution witnesses it is established that the act of the individual is in furtherance of the common object of the unlawful assembly, which were unidentified by the witnesses, yet the assailants to be convicted for the principal offence read with 149 of the indian penal code.35 ..... this principle is also followed in the matter of "debashis daw v/s state of west bengal" (2010) 9 scc 111. ..... he had done something or omitted to do something which would make him a member of an unlawful assembly, or unless the case falls under s.142 ipc cannot be read as laying down a general proposition of law that unless as overt act is proved against a person who is alleged to be a member of an unlawful assembly , it cannot be said that he is a member of such an unlawful assembly. ..... in this respect, the observations of the apex court in the matter of "masalti & others v/s the state of utter pradesh" air 1965 sc 202, may usefully be referred. .....

Chhotabhai Purushottam Patel, Beedi Manufacturers of Bhandara and ors. ...

Court : Mumbai

Reported in : (1972)ILLJ130Bom

..... do any work, skilled, unskilled, manual or clerical, and includes - (i) any labour who is given raw materials by an employer or a contractor for being made into beedi or cigar or both at home (hereinafter referred to in this act as 'home-worker'), and (ii) any person not employed by an employer or a contractor but working with the permission of, or under agreement with, the employer or contractor; (g) 'employer' means, - (a) in relation to contract labour, the ..... to be seen on examination of the restrictions, as also the approach of the state, whether those who support this act have been able to discharge this burden to demonstrate that the provisions are not only in the public interests but the ..... the object carried out or is not the object likely to be achieved by making the independent contractor liable as an employer for all the demands of this act could be said that without roping in the principal employer such a result would not be achieved if it could be said that there was no nee ..... the definition; but would it be fair and would it be in the public interest to make it so irksome as to lead to the cessation of the system itself which is conceived of by the act as a matter of some benefit to the employees, especially the home-workers it may be noted that the home-workers are a peculiar type of class. ..... act their lordships quoted the meaning of that expression from the webster's international dictionary and from words and phrases, permanent edition, published by west publishing .....

M.A. Khan Vs. State and anr.

Court : Mumbai

Reported in : 1967CriLJ994

..... mandatory, and the question of compliance or otherwise with that section is also justiciable in the limited sense mentioned above.it was further observed in the judgment:the result is that an authority or person exercising powers under the act, is bound to have regard to the principle enunciated in section 44, that the court will not examine the propriety of an action adopted by an authority or person after paying due regard to that principle, but that ..... the state of maharashtra and the superintendent of the bombay district prison were not entitled to disallow the petitioner from receiving the newspapers and periodicals mentioned in his letter of 5th july 1965, addressed to the secretary of the home department of the government of maharashtra except the urdu monthly 'fanoos digest' which is no longer being asked for by the petitioner. ..... on behalf of the petitioner that clause 16 of the bombay conditions of detention order, 1951, contravenes section 44 of the defence of india act, in so far as it prohibits a detenu from receiving at his own cost a periodical or book which can be obtained by the general ..... an authority or person makes an order without regard to the principle enunciated in that section, he acts in breach of a legislative mandate and his order can be held by the court to be ..... 1965, d/-7-12-1965 ..... on 5th july 1965, the petitioner wrote to the secretary of the home department, government of maharashtra, that lie may be permitted to purchase at his own cost or to receive the .....

Deepak Nanku Singh Vs. the State of Goa

Court : Mumbai Goa

..... girl pw.3 discloses that on 18th march, 2008 she left her house in the morning and met the accused and she along with the accused went to west bengal from where they came to poona and in the said room in poona, the accused had sexual intercourse with her on several occasions. ..... menezes, learned counsel appearing for the appellant appointed under legal aid scheme, at the outset, submitted that neither offence under section 376 ipc nor under section 8(2) of the act is made out against the accused inasmuch as the evidence led by the prosecution itself discloses that the accused did not have forceful sexual intercourse with the prosecutrix and that ..... sexual intercourse by the accused with the victim girl is concerned, the evidence of pw.3, victim girl discloses that on 18th march, 2008, she met the accused and went along with him to west bengal and thereafter, to poona where they stayed in one room. ..... judgment and order dated 1st april, 2009, passed by the children's court, panaji in special case no.1/09, convicting the accused for the offence punishable under section 8(2) of the goa children's act, 2003 (the act for short), read with section 376 of indian penal code (ipc) and sentencing him to undergo simple imprisonment for a period of 10 years and to pay a fine of rs. ..... appears that the victim was friendly with the accused and she was about 15 and half years old at the time when she went along with the accused to west bengal and thereafter to poona. ..... of madras, (air 1965 sc 942) and in .....

Dilip Babasaheb Londhe and Others Vs. State Through P.P. and Another

Court : Mumbai Goa

..... state of west bengal and anotherreported in (2011)3 scc 581, where the supreme court held as under : 26.we may observe that the standard of proof in a criminal case is much higher than that ..... state of kerala (supra), no presumption can be drawn in view of section 7 of the press and registration of books act, 1867 unless there is a specific averment in the complaint that such an accused was having knowledge of publication of such imputations or having reason to believe that such imputation is or would be likely to be published in the ..... treat private activities of private individuals differently from public activities of public bodies and public personalities, as also individual act of defamation and media reporting, of course discriminating between responsible journalism and yellow journalism. ..... it was next submitted that the trust registered under section 3 of the indian trust act could not be said to be a person who could be defamed and, therefore, such trust would not have right to file a complaint of offence punishable under section ..... such a complaint on behalf of the trust to which learned counsel for the complainant replied by pointing out that clause 14(n) of the trust deed enabled the trustees to delegate their power to do such acts or things as may be required for furtherance of the object of the trust. ..... air 1965 sc 1451, referred to in earlier ..... air 1965 sc 1451, where the apex court held as under : the next question to determine is whether it is essential for the purpose of .....

Khairunnissa Rasool Golandaj Vs. State of Maharashtra (Through the Sec ...

Court : Mumbai

..... are of the view that the order dated 1.3.2007 passed by the respondents is wholly unsustainable for two fold reasons, firstly that the entire approach of the disciplinary authority in awarding a punishment to treat as period from 27.10.1965 to 21.12.1967 as punishment and not regularising the same itself was unjustified inasmuch as the charges against the deceased employee were held to be not proved in the finding of the inquiry officer. ..... impugned judgment, the maharashtra administrative tribunal (for short 'administrative tribunal') has directed the respondents to determine the proportion of the pay and allowances to be paid to the deceased employee for a period from 27.10.1965 to 21.12.1967 (of about 2 years and 2 months) in accordance with rule 72(5) of maharashtra civil services (joining time, foreign service and payment during suspension, dismissal and removal) rules, 1981. ..... court in its decision in the case 'state of west bengal and others vs. ..... from the analysis of the facts and application of the regulations, we are of the opinion that the period of suspension of the deceased employee from 27.10.1965 to 21.12.1967 ought to have been regularised by the respondents and that full benefits of the said period as actual period of duty ought to have been ..... the witness in the criminal case acted in the capacity as a disciplinary authority and passed an order dated 20.12.1990 awarding the following punishment:- (a) the period from 27.10.1965 to 31.12.1967 was treated as suspension .....

Sudhir Annaji Choudhary and ors. Vs. State of Maharashtra

Court : Mumbai Nagpur

..... state of west bengal [(2009) 7 scc 415], and[c] allauddin mian & others, sharif ..... state of west bengal [(2009) 7 scc 415],[2] inspector of ..... air 1989 sc 1456].proposition :for convicting any accused for offence punishable under section 149 of indian penal code, vicariously or constructively, for an act of unlawful assembly, proof of common object from the conduct of the accused persons distinct from the common intention is a condition precedent. b ..... the defence is, thus, on arguing that the prosecution has failed to establish and prove a coherent picture of specific acts attributable to particular accused persons who have committed specific acts constituting commission of the offence charged, and in absence thereof, it would be impossible to convict either of the ..... is emerging therefrom is that when an accused is being convicted for being liable as a member of an unlawful assembly for acts done by other members of the assembly, his pinpointed identification is imperative. ..... and being guided by test of rule of prudence which this court will have to apply, this court gets guidance from the masalti s case [air 1965 sc 202] and prefers most trustworthy evidence. 28. ..... as in vogue and in force since the judgment in the case of masalti [air 1965 sc 202] alone guides the case. 55. ..... uttar pradesh [air 1965 sc 202],[11] dalip ..... golden rule of appreciation of evidence is the quality and not the number of witnesses, the practice coined in masalti s case [air 1965 sc 202] is consistently followed. .....