Judgment Search Results Home > Cases Phrase: wild life protection act 1972 section 38c functions of the authority Court: mumbai Page 18 of about 176 results (0.156 seconds)

M/S. Shivraj Fine Art Litho Works and Others Vs. the State of Maharash ...

Court : Mumbai Nagpur

..... the property of the industrial undertaking, which is directly concerned with functioning of the industrial undertaking, to the state government, as illegal. as the act is entitled to protection under article 31c of the constitution, it will not be permissible for us to go into the question of sufficiency or otherwise of the compensation as ..... for reserving land for providing public amenities without which people cannot live there. community centres, shopping complexes, parks, roads, drains, playgrounds, are all necessary for civic life and these amenities are enjoyed by all. that is also a kind of distribution. ....? it can thus be seen that the apex court has observed that even if ..... with a view to achieving the directive principles in article 39(b) and (iii) the object of enacting the legislation was obviously to provide wholesome civic life to the citizens and not distribution of material resources. we are of the view that each of these reasons is invalid and erroneous. first article 31-c .....

Raymond Limited Vs. The Commissioner, Central Excise and Customs, Nash ...

Court : Mumbai

..... as they apply in relation to the levy and collection of the duties of excise on the goods specified in subsection (1). 48. the 1978 act is an act to provide for a levy and collection of additional duty of excise on certain textiles and textile articles. all the submissions of mr. sridharan overlook the ..... be allowed in respect of texturised yarn (including drawtwisted or drawwound yarn) of polyesters falling under heading no. 54.02 of the first schedule to the tariff act, manufactured by an independent texturiser, that is to say, a manufacturer engaged in the manufacture of texturised yarn (including drawtwisted or drawwound yarn) of polyesters falling ..... receives polyester woolen blended fibre as input. on this input, the appellant inter alia pays aed(tandta) under the additional duties of excise (textiles and textile articles) act, 1978. the appellant has then taken credit of the said aed (tandta) paid on polyester top. from the polyester top, the appellant manufactures polyester yarn. .....

Swan Mills Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1987)22ITD193(Mum.)

..... the word "stay" and also contended that this was nothing but a contingent liability.8. the departmental representative also urged that proviso to section 145 of the act applied in this case because though the assessee's accounts were correct and complete, its income could not be computed correctly by allowing the disputed demand. therefore, ..... provisionally and upon final assessment in respect of each consignment. when the assessee claimed in its income tax proceedings the amount of differential duty under the customs act even before the final assessment for the difference in duty was made, the same was negatived by the tribunal. this case, therefore, is not on fours ..... a provision in the accounts on mercantile basis. in this background, their lordships of the calcutta high court considered the provisions of the central excises and salt act, 1944, read with the rules thereunder and came to the conclusion that the liability had accrued due and the assessee was entitled to deduct the same .....

Ramcharan RamdIn Ahir Vs. Resident Deputy Collector with Rent Control ...

Court : Mumbai

Reported in : AIR1971Bom203; 1970MhLJ975

..... and the c.p. and berar letting of houses and rent control order, 1949 made under the authority of the said act are pieces of beneficent legislation meant for the protection of the tenants and were made at the time when owing to the conditions prevailing after the termination of the second world war there was acute shortage of houses ..... to last for about a period of three years. it was for this reason that the bill originally proposed that the life of the act should be for a period of 3 years, that is, it was to be a temporary act for a specified period, namely, 3 years. the legislature which passed the bill and enacted the law, however, did not ..... but it cannot be forgotten that the landlords who also form a section of the general public have also rights in their properties and their interests also need to be protected. while protecting the interests of one section of the public, it is natural that another section of the public is, to a certain extent, affected and their rights to some .....

Bayer (India) Limited and Others Vs. State of Maharashtra and Others

Court : Mumbai

Reported in : AIR1995Bom290; 1994(4)BomCR309; (1995)97BOMLR957

..... that it can cause permanent damage to others that could go down for generations. mr. mehta also drew our attention to the rules framed under the environment protection act. mr. mehta submitted that there are enough of safeguards to ensure that the type of disasters that took place in the past cannot be repeated. coupled with ..... permission can be refused on relevant considerations that are germane to the issue and if fundamental aspects of public welfare, public safety and virtually the right to life are involved, these would certainly constituterelevant considerations and valid justification for the refusal of permission. the alternatives possible or the course of action available to the ..... is ultimately wound up and the area turns into a huge residential complex. it was demonstrated by mr. seervai that such activity has caught on like wild fire in the area and is fast destroying the identity of the thane industrial complex. mr. seervai produced before us a survey report published in the .....

Mahadoba Devasthan Vs. Mahadba Romaji Bidkar and ors.

Court : Mumbai

Reported in : AIR1953Bom38; (1952)54BOMLR645; ILR1953Bom1071

..... that their lordships o the privy council held that the right of possession and management of the dedicated property having belonged to the shebait whatever suits were necessary for the protection of the property couid also be brought by the shebait. there is no doubt that the words 'not in tho idol' are a part of tho sentence which ..... alia on behalf of the defendants that the plaintiffs could not sue in the life-time of their father, defendant 3 he not having transferred his rights to them. and the court held 'that the plaintiffs were entitled to sue to have the ..... and were alleged to have illegally alienated some of these lands and also ceased to ren-dor any service to the mosque, whereupon the plaintiffs alleged that they had been acting as mutwalis in their stead. the plaintiffs, therefore, claimed to be entitled as such to the management and enjoyment of the lands in dispute. it was contended inter .....

Ebrahim Saleji Vs. Abdulla Ali Reza and anr.

Court : Mumbai

Reported in : AIR1951Bom294; (1950)52BOMLR897

..... for ejectment on the sole ground that the occupant was in possession by leave & license & the said leave & license had been revoked; but the petnr. had claimed the protection of bombay act lvii [573 of 1947 by alleging that he was a tenant. the trial ct. has not been impressed with the petnr's. plea. however, the trial ct. has ..... yet another aspect of this matter which deserves to be considered. as i have already mentioned, the trial ct. may have to consider the deft's. claim for the protection of bombay act lvii [57] of 1947 either because the deft. claims it though the pltf. does not admit it, or because the pltf. himself claims ejectment on an alternative basis ..... pltfs.' claim for possession may be based solely on the ground that the deft. is in occupation by leave & license. in such a case the deft. may claim the protection of bombay act lvii [57] of 1947 by denying the pltf's. allegation of leave & license & by pleading that he is in occupation as a tenant. in such a case again .....

Keshavalal Manganlal Trivedi Vs. Ambalal Veniram

Court : Mumbai

Reported in : (1921)23BOMLR1225

..... disclosed in the application. i do not say that a person in the position of the present applicant cannot come forward as a friend of the minor to seek the protection of the court for the minor. it must depend upon the facts and circumstances of a particular case. but in the present case the grounds alleged are based more or ..... . the appeal must be dismissed with costs.shah, j.3. i agree. the appellant in this case sought in the district court by an application under the guardians and wards act to deprive the father of the custody and the natural guardianship of the minor girl, on the ground that she was about to be married at the early age of ..... norman macleod, kt., c.j.1. this was an application under the guardians and wards act by the kulmukhtyar of the shankaracharya of the sharadapith, dakore, purporting to be the spiritual head of the community to which the opponents belonged. the occasion of the application was .....

Godrej and Boyce Mfg. Co. Pvt. Ltd. Vs. the Municipal Commissioner

Court : Mumbai

Reported in : (1970)72BOMLR747

..... drains were exempted from the levy of halalkhor tax under the discretionary powers of the municipal commissioner under section 142 (2) of the act and the circular purports to have been issued by the assessment and collector department, suburbs and extended suburbs of the bombay municipal corporation, ..... water-closets connected with septic tanks could not fall within the phrase 'privies, urinals and cesspools' in section 142(1)(a) of the act.(3) having regard to the evidence before him regarding the decomposition and purification of the sludge which takes place in the septic tank, the ..... national malaria eradication programme; john arnauld fernandes, senior overseer, conservency branch, ii ward; janardan ramchandra patwardhan, executive engineer, bombay municipal corporation; madhukar prabhakar gadkari, acting assistant head supervisor, range a, conservency branch, city engineer's department; and surajlal nanabhai naik, assistant head supervisor, range b, conservency branch, were examined to .....

Arjun Khimji Ginning and Pressing Co. Vs. the State of Maharashtra

Court : Mumbai

Reported in : (1971)73BOMLR861

..... order is no answer to the suit for the recovery of the excess amount. to this extent, even the order of assessment cannot obtain the protection of section 84(3) of the act and, therefore, the appellant's suit is maintainable.15. now, from the passages we have quoted above, it is clear that the question whether ..... such a case the statute under which action was purported to be taken can afford no protection. indeed, to the extent that it affords protection, it would be bad.11. with respect to the second contention that section 85(2) of the act bars a suit for recovery of a tax wrongfully recovered by the municipal committee, their ..... excess of its jurisdiction. to give too wide a construction to the expression 'under the act' may lead to the serious consequence of attributing to the legislature, which owes its existence itself to the constitution, the intention of affording protection to unconstitutional activities by limiting challenge to them only by resort to the special machinery provided .....