Court : Supreme Court of India
..... sellers through brokers representing them. on 05.06.2007, the union of india issued an exemption notification under section 27 of the forward contracts (regulation) act, 1952 [ fcra ]. exempting forward contracts of one- day duration for sale and purchase of commodities traded on nsel from operation of the provisions of ..... has been held that it would comprise within its ambit interests like public health and morals (refer to state of maharashtra v. himmatbhai narbheram rao [air1970sc1157: (1969) 2 scr392), economic stability (state of assam v. sristikar dowerah [air1957sc414), stability of the country, equitable distribution of essential ..... necessary to bear in mind that an authority falling within the expression other authorities is, by reason of its inclusion within the definition of state in article 12, subject to the same constitutional limitations as the government and is equally bound by the basic obligation ..... 2008, 15 june 2009, 25 may 2011) stated that the audit committee had detailed discussions on the annual financial statements, the internal control systems, reviewing the scope of internal audit functions, the performance of the statutory and internal auditors, the scope of work for the internal ..... additional grounds later brought out. we may here draw attention to the observations of bose, j.in gordhandas bhanji [commr. of police, bombay v. gordhandas bhanji, air1952sc16 : public orders, publicly made, in exercise of a statutory authority cannot be construed in the light of .....Tag this Judgment!
Court : Mumbai
Reported in : (1974)76BOMLR475
..... act' would have reference to section 8 of the act.19. it is under sub-section (2) of section 8 that the impugned notification which is to this effect was issued by the state government:in exercise of the powers conferred by sub-section (2) of section 8 of the bombay public trusts act, 1950 (bom. xxix of 1950), the government of maharashtra ..... by the forward markets commission--a statutory body created by the forward markets regulation act, 1952--to the authorities of the best india cotton association, bombay intimating to them that the continuation of trading in certain types of forward contracts in cotton including that known as 'hedge contracts' was ' ..... state government with powers to exempt the trust from the operation of the act. that would show that this is essentially a conditional legislation.13. section 2 is the usual definition clause. section 3 in chapter ii which deals with establishment provides thatthe state government may, by notification in ..... niemla textile finishing mills ltd. v. the 2nd punjab industrial tribunal  s.c.r. 335 while dealing with section 10 of the industrial disputes act, 1947, their lordships of the supreme court have made the following observations (pp. 349-350) :we are unable to accept ..... state government by a general or special order shall have powers mentioned in the sub-sections therein. then we have section 41b in the very chapter under the very heading 'control' which provides that on receipt of a complaint in writing from any person having .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2000SC2436; JT2000(7)SC177; 2000(5)SCALE13; (2000)6SCC12; Supp1SCR120; 119STC182(SC)
..... or the goods have been delivered to the lessee outside the state.48. the said explanation is substantially on the pattern of explanation to section 2(10) of the maharashtra act. by virtue of explanation ii(b) of section 2(38)(4), the definition of 'sale' is enlarged and it includes sales outside the state or sales which are inter-state sales have been made chargeable if the ..... nos. 6218-23/95, had challenged the levy of sales tax by state of maharashtra by means of writ petitions under article 226 of the constitution before the bombay high court. before the high court, it was contended by the appellants that the maharashtra act, particularly section 3 read with section 2(10), purports to levy tax not only the transfers of right to use goods which ..... ; the car 'x' is in gurgaon (haryana), the hirer is handed over the key of the car 'x' in delhi; as both the execution of the contract as well as the act of passing of the control/domain of the car takes place in delhi, the transfer is complete in delhi, so the deemed sale is within delhi state and outside all other ..... of the equipment or deemed sale under sub-clause (d)? the division bench of the andhra pradesh high court proceeded on the footing, following, among others, the judgment of the bombay high court in the 20th century finance corporation (supra) as well as the earlier judgments of the andhra pradesh high court, that the transaction referred to in sub-clause (d .....Tag this Judgment!
Court : Company Law Board CLB
Reported in : (1994)80CompCas159
..... dahiben umedbhai patel v. norman james hamilton  57 comp cas 700 (bom) and pointed out that the two-member bench of the bombay high court held that the definition of "securities" in section 2(h)(i) of the securities contracts (regulation) act, 1956, will only take in shares of a public limited company notwithstanding the use of the words "any incorporated company or other body ..... following admitted facts emerge in this case : -- (1) the deccan paper mills co. ltd. is a public limited company having its registered office in pune, maharashtra, and its shares are not listed on any stock exchange. (2) the three lots of shares involving 16,440 shares constituting 34% of the paid-up share capital of the company were handed over on or ..... , who is the lawful owner thereof and he is entitled to have the said shares transferred in his favour as confirmed, vide your letter dated april 28, 1986. the solicitors forwarded the transfer deed, along with the shares certificates in question, duly executed, requesting the company to return the same duly transferred. (vi) on september 28, 1987, the solicitors of respondent ..... . the two-member bench of the bombay high court had held by an order dated december 8, 1982, that the words of section 2(h)(i) plainly read are incapable of any other meaning except that the legislature made the definition of "securities" an inclusive one having regard to the object with which the act was enacted, viz., to control transactions which are carried on in .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1984Bom47
..... provsisons in section 73-a were inserted in the act by maharashtra amendment act no. 27 of 1969.20. it would be relevant to refer to the decision of the supreme court in raghubar dayal v. union of india : 3scr547 . in that case, the question related to the validity of some of the provsions of the forward contracts (regulation ) act, 1952 which canalised forward trading in the ..... must be understood as 'public morality' in the wider sense as understood by the people as a whole.24. in fram nusserwanji v. state of bombay : air1951bom210 . the provisions of sec 23 (a) of the bombay prohibition act. 1949. which prohibited commending and intoxicant was challenged. the court held that it could not be said to bea law in the interest of morality and ..... be a designated officer. but does not include any officer appointed or nominated by the state government or by the registrar 'officer' has been defined in s. 2(2) of the act. according to this definition, officer' means a person elected or appointed by a society to any office of such society according to its bye-law and includes a chairman, vice-chairman, ..... restricted to sexual morality.25. now as indicated earlier, enactment of provisions analogous to impugned provisions analogous to impugned provision is a national phenomenon and is not confined to the bombay act alone. the principle motive a enacting such a provision is undeniably to curb the creation of vested interests in co-operative society. this is quite clear from the statement of .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1997(1)ALD(Cri)712; 1997(1)ALT(Cri)817; 1997CriLJ3258
..... cr.p.c. 21. in state of maharashtra v. jayantilal : 1984crilj334 , the state had filed the appeal by special leave against the decision of a full bench of the high court of bombay, which held that (1) by insertion of sections 22a and 22b into the forward contracts (regulation) act, 1952, the application of provisions of section 5(2) of cr.p.c., in respect of ..... consumption and opium, indian hemp and other narcotic drugs and narcotics. section 2 deals with definitions. section 2(11) defines 'excise officer' as : 'excise officer means the commissioner, the collector or any officer or other person lawfully appointed or invested with powers under the relevant provisions of this act.'chapter iv of the exercise act deals with the manufacture, possession and sale of excisable articles. ..... (1923(24) cri lj 335) (mad) (supra) held that chapter xiv of cr.p.c. is controlled by section 5(2) and hence the police have no power to effect searches or arrears or to send up cases for trial for offences falling under the bombay abkari act, and no such power can be presumed. 16. in ajmer singh v. union of india, : 1987crilj1877 ..... the case law on the subject. 9. in emperor v. rijhumal v. valiram air 1947 sind 128 : (1947 (48) cri lj 300), the question arose whether the court can accept the application of the executive officer of the cantonment board, hyderabad under section 267(2) of the cantonments act, 1924 to drop the further proceedings against the respondent-accused. the respondent-accused had .....Tag this Judgment!
Court : Mumbai
Reported in : 2004(3)BomCR863
..... goods involved in the execution of works contracts (re-enacted) act, 1989 was brought into force in the state of maharashtra with retrospective effect from october 1, 1986. section 2(d), 2(l) and 2(m) of the said works contracts act (as amended by act no. 12 of 1995) are relevant for the purpose herein and the same are reproduced hereinbelow ;'2. definitions .--in this act, unless the context otherwiserequires,-- (d) ..... bombay sales tax act, 1959 (hereinafter referred to as 'the bst act', for short), for determination, as to whether or not, the respondent who undertakes the job-work of dyeing, printing and bleaching, is a dealer, within the meaning of section 2(1)(d) of the maharashtra sales tax on the transfer of property in goods involved in the execution of works contracts (re-enacted) act, ..... following questions for our opinion, under section 61(1) of the bombay sales tax act, 1959.(i) whether, on the facts and in the circumstances of the case, and on a true and correct interpretation of provisions of the maharashtra sales tax on the transfer of property in goods involved in the execution of works contracts (re-enacted) act, 1989, the tribunal was justified ..... paper and ink which was passed on to the board, was only incidental or ancillary to the contract of printing and, therefore, it was not a case of sale but a works contract and hence sales tax was not leviable under the bombay sales tax act.18. mr. joshi relied upon the decision of the apex court in the case of everest copiers .....Tag this Judgment!
Court : Mumbai
Reported in : 1982(1)BomCR367
..... as an essential commodity under section 2(xi) of the essential commodities act, 1955. delegation of powers to the state government was effected by central government order dated 18th june, 1966. by reason of the increasingly acute shortage of cement, its sale and distribution were controlled and regulated by the cement control order, 1967. the maharashtra cement (licensing & control) order, 1973 was ..... of the circular dated 31st march, 1981, have been sorted out districtwise and that it was contemplated preparing lists of such applications before they were forwarded to the respective collectors/controller of rationing, for further action. it was further stated that some of the applicants might have approached government directly and as such as delay in ..... action. in many cases, senior officers, including the officer on special duty, also receive representations from the public. these officers record their views on such representations and forward them to the appropriate departments. in many cases, files containing the 2nd respondent's commands or suggestions are sent back to him if the concerned department does not ..... quasi-government bodies, come under the category 'other than rate contract parties', which generally comprise of allottees like industries, institutions, colleges and schools. the second stage is allotment made to stockists by the collector in the districts and by the controller of rationing for the 4 bombay region. the third stage is the release or allocations by way .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1968Bom347; (1968)70BOMLR20
..... effective from 31st august 1957.(32) now the relevant portions of s. 9 of the securities contracts (regulation) act are as follows:'section 9(1) any recognised stock exchange may, subject to the previous approval of the central government, make bye-laws for the regulation and control of contracts. (2) in particular and without prejudice to the generality of the foregoing power. such bye-laws may ..... by the respondents the result would have affected not merely the petitioner and the respondents but everyone having pending dealings on the stock exchange. a judgment of that nature would definitely have received publicity and the public is hardly likely to consider the niceties of law whether that judgment is binding on the stock exchange as it is not a direct ..... the gazette of india and also in the official gazette of the state in which the principal office of the stock exchange, bombay, was situated, that is in the state in which bombay was, meaning the state of bombay as it then was or the state of maharashtra newly created thereafter that the bye-laws were not published in the gazette of india and ..... such date as it may appoint and notify in that behalf. in pursuance of that resolution the association made an application dated 9th april 1957 for its recognition under the act and forwarded to the central government copies of its rules, bye-laws and regulations together with certain other information. the central government by its deputy secretary's letter dated 6th august .....Tag this Judgment!
Court : Mumbai
Reported in : 1995(1)BomCR508
..... food corporation of india, caused an advertisement to be published in times of india and other newspapers inviting tenders for appointment of clearing and forwarding contractor at bombay port/ jawaharlal nehru port for handing of imported sugar for a period of one year from the date of appointment, it was stated in ..... in handling of fertilizers was sufficient to satisfy the conditions of eligibility is an afterthought. in substance, the petitioner wants us to ignore the definition of expression 'food grains' as set out in invitation to tender. even if the draftsman of the first affidavit of the deponent missed to ..... all the annexures appended there to is annexed as exhibit'y-23' to the affidavit of shri mahesh chandra tawari, sr.. regional manager (maharashtra) of food corporation of india being affidavit dated 2nd september, 1994 filed in writ petition no. 3156 of 1994. it is very clear ..... . the learned counsel for writ petitioner in writ petition no. 3335 of 1994 submitted that the expression 'fertilizer' as defined by the fertiliser (control) order, 1985 contemplates that the items mentioned in the schedule is the above referred statutory order must be used or intended to be used as ..... that the committee of food corporation of india acted bona fide. the writ jurisdiction is discretionary. the alleged violation of article 14 of the constitution of india is not proved. the impugned contract dated 19th august, 1994 was not awarded to respondent no. 2 as a result of any bias or malafide .....Tag this Judgment!