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Judgment Search Results Home > Cases Phrase: bombay non agriculturists loans act 1928 maharashtra section 6 power to make rules Page 4 of about 486 results (0.543 seconds)

Jan 15 2004 (SC)

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201

..... would apply and where it would not. section 6 of act no. 43 of1948 which came up for the consideration of the constitution bench,specifically provides :- "6. power to make rules as respects minerals development (i) the central government may, by notification in the official gazette, make rules for the conservation and development of minerals.(2 ..... of coal so producedbeing much higher than the price of coal produced in the adjoining statesof bihar, u.p., orissa, m.p. and maharashtra as shown in the comparativechart given below: west bengalcategory/ grade specification size base-price per te. royalty permt. stoving excise duty permt re ..... in consideringthe character of the impost but its effect must be weighed alongwith and inthe light of the other relevant circumstances. referring to bombay tyreinternational ltd. (supra), the court further held that it is clear thatwhen enacting a measure to serve as a standard for assessing ..... unit. only becauseetymologically the land may mean from the surface to the center of theearth, the holder of an agricultural right or non-agricultural right maynot have any right over the subterranean right. such subterranean right maybe used only for the purpose public interest granted to ..... question :"(a) whether the interest-tax under the interest-tax act, 1974, is a tax onincome and, if so, whether interest accruing to the uti from loans advancedby it stands exempted in view of section 32 of the uti act, 1963.kapadia, j.(as the learned judge then was) speaking .....

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Feb 04 1993 (SC)

Unni Krishnan, J.P. and Others Etc. Etc. Vs. State of Andhra Pradesh a ...

Court : Supreme Court of India

Reported in : AIR1993SC2178; JT1993(1)SC474; 1992(2)SCALE703; (1993)1SCC645; [1993]1SCR594

..... section 15 confers upon the government the power to make rules to carry to carry the purposes of the enactment.136. the 1983 act was amended in the year 1992 by inserting section 3-a, which section reads as follows:notwithstanding anything contained in section 3, but subject to such rules ..... correctness of the dicta in mohini jain.state of maharashtra142. the maharashtra legislature enacted the maharashtra educational institutions (prohibition of capitation fee) act, 1987. (being maharashtra act no. vi of 1988) to prohibit collection of capitation fee for admission of ..... the following case: annamalai university is an autonomous residential unitary university established and incorporated under the annamalai university act, 1928 enacted by the then madras legislature. it has 45 faculties including engineering and technology and medicine. so ..... therefore, right to work. it is for this reason that this court in olga tellis v. bombay municipal corporation while considering the consequences of eviction of the pavement dwellers had pointed out that in that ..... grant of aid. the reason is simple: public funds, when given as grant - and not as loan-carry the public character wherever they go; public funds cannot be donated for private purposes. the element of ..... a spirit of autonomy for educational institutions; c) giving pre-eminence to people's involvement, including association of non-governmental agencies and voluntary effort; d) inducting more women in the planning and management of education; e) .....

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Mar 17 2003 (HC)

Dattaprasad Co-operative Housing Society Limited and ors. Vs. State of ...

Court : Karnataka

Reported in : ILR2004KAR1892; 2004(3)KarLJ310

..... granted under the land improvement act, 1871 (26 of 1871), or the land improvement loans act, 1883 (19 of 1883); or(x) any order granting a loan under the agriculturists loans act, 1884 (12 of 1884), or instrument for securing the repayment of a loan made under that act; or(x-a) any order made under the charitable endowments act, 1890 (6 of 1890), vesting any property ..... supra, is also not applicable to the fact situation and the reliance placed upon the judgment of bombay high court hanuman vitamin foods private limited, referred to supra, contending that maharashtra co-operative societies act, 1960, the provisions of sections 29 and 30 of the bombay stamp act, 1958, section 2(1), 2(g) and schedule 1, article 25(b)(i) (as amended in ..... electricity board under the specific power vested by section 79(c) of the electricity (supply) act, 1948, which was contended to be a special law as against the industrial employment (standing orders) act. this court (a bench of three judges) speaking through chinnappa reddy, j., observed:the maxim 'generalia specialibus non derogant' is quite well-known. the rule flowing from the maxim ..... is further stated that benefit of exemption granted in favour of the petitioners-societies and other similarly placed societies under section 38 of the kcs act were being misused by some of the house building co-operative societies by making a person buying the immovable property from the house building co-operative societies as shareholders of the society, but not .....

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Dec 04 1972 (HC)

Harsukh Jadhavji Joshi Vs. Ramesh Himatlal Shah

Court : Mumbai

Reported in : AIR1974Bom87; (1973)75BOMLR649; 1973MhLJ975

..... making houses by their mutual assistance or effort. no persons will be admitted to membership unless they are duly qualified under the bye-laws. the society has power to refuse membership even to persons who are qualified if there is sufficient cause. under section 23 of the maharashtra co-operative society act ..... from members are necessary.15. in the result, the order passed by the judge of the city civil court of bombay dated april 24, 1972, on the chamber summons of the judgment debtor-appellant is set aside. the summons is made ..... notice under order 21, rule 66, was issued. the contention which was raised in that case was not a contention based on a statute but on a question of fact with regard to his status as an agriculturist. the ratio in ..... the regulations prohibit the member from parting with the possession to a non-member it cannot be said that a member has no saleable interest within the meaning of section 60 of the civil procedure code in the flat belonging to the member. ..... bye-laws which are already quoted. section 31 of the maharashtra co-operative societies act, 1960 in terms lays down that the interest of the member in the share capital of the society or in the loan stock issued by a housing society, ..... the maharashtra co-operative societies act.6. turning therefore to the merits of the case, apart from the judgment of vimadalal, j. with which i respectfully agree, it is clear from the provisions of section 29(2) of the maharashtra co-operative societies act. 1960 .....

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Jan 24 2012 (SC)

Bangalore Development Authority Vs. Air Craft Employees Coop.Society L ...

Court : Supreme Court of India

..... determined with regard not only to specific provisions contained in the relevant statute conferring the power to make rules or regulations, but also the object and purpose of the act as can be gathered from the various provisions of the enactment. it would be ..... its facility of transport in villages and to provide other facilities meant mainly or exclusively for the benefit of the agriculturists is not permissible on the ground that such services in the long run go to increase the volume of transactions ..... . the administrator for the union territory of delhi (supra),ajoy kumar banerjee v. union of india (1984) 3 scc 127, maharashtra state board of s.h.s.e. v. paritosh bhupeshkumar sheth (1984) 4 scc 27, kishan prakash sharma v. union ..... the date of publication of the scheme in the official gazette for execution of the scheme as also consequence of non execution. section 28-a casts a duty on the bda to ensure proper maintenance, lighting and cleansing of the streets and ..... shirur mutt (supra), mahant sri jagannath ramanuj das v. state of orissa (1954) scr 1046, ratilal panachand gandhi v. state of bombay (1954) scr 1055, h.h. sadhundra thirtha swamiar v. commissioner for hindu religious and charitable endowments 1963 supp (2) scr 302 ..... obtain financial assistance from the world bank. in the meeting held on 5.6.1992 under the chairmanship of the chief secretary of the state, the possibility of taking loan from hudco was explored. simultaneously, it was considered whether partial burden of .....

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Aug 09 2011 (SC)

K.T. Plantation Pvt. Ltd. and anr. Vs. State of Karnataka

Court : Supreme Court of India

..... 3.94. section 2(22) of the act defines `notification' to mean a notification published in the official gazette. section 23 of the general clauses act 1897 also states that the publication in the official gazette of a rule or by-law purported to have been made in exercise of power to make rules or by- ..... is held by an institution, trust, company, association or body where it is held by an individual on its behalf. section 80 bars transfer of any land to non-agriculturists, which says that no sale, gift or exchange or lease of any land or interest therein etc. shall be lawful in ..... mardia chemicals ltd. & others v. union of india & others (2004) 4 scc 311, malpe vishwanath achraya & others v. state of maharashtra & another (1998) 2 scc 1 etc. felt that the question whether arbitrariness and unreasonableness or manifest arbitrariness and unreasonableness being facets of article 14 of the ..... 127. the question of applicability of article 21 to the laws protected under article 31c also came up for consideration before this court in state of maharashtra & another v. basantibai mohanlal khetan & others (1986) 2 scc 516, wherein this court held that article 21 essentially deals with ..... was made to the decisions of this court in engineering kamgar union v. electro steels castings ltd. and another (2004) 6 scc 36; bhuwalka steel industries ltd. v. bombay iron and steel labour board and another (2010) 2 scc 273. learned counsel submitted that in any view assent of the .....

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Sep 30 1985 (SC)

American Home Products Corporation Vs. Mac Laboratories Pvt. Ltd. and ...

Court : Supreme Court of India

Reported in : AIR1986SC137; 1985(2)SCALE933; (1986)1SCC465; [1985]Supp3SCR264

..... central government, by notification published in the official gazette and subject to the condition of previous publication, the power to make rules to carry out the purposes of the 1958 act. under section 134, all rules so made are to be laid for not less than thirty days before each house of parliament as soon ..... of the general policy in force from time to time. on january 23, 1961, the indian company applied to the director, drugs control administration, state of maharashtra, for permission to manufacture 'dristan' tablets. the said application was approved by the drugs controller on february 10, 1961. meanwhile, on january 18, 1961 ..... sought to be registered must be, therefore, genuine and real and as pointed out by tomlin, j., in in re ducker's trade mark, (1928) ch. l 405, the fact that the mark was thought to be something which some day might be useful would not account to any definite ..... .9. on october 18, 1961, an agreement was entered into between the appellant and the indian company for granting to the indian company the non-exclusive right to use the trade mark 'dristan' upon or in relation to the goods in respect of which the said trade mark was registered ..... for import of phenylophrine hydrochloride and phenindamine tartarate to the value of rs. 6,000 and rs. 12,000 c.i.f. bombay respectively for the purpose of initial production of 'dristan' tablets. the licence under the industries (development and regulation) act, 1951 was granted to the indian company on january 19, 1961, .....

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Sep 19 2008 (HC)

Yelamarthi Jaya Lakshmi (Died) Per L.R. Vs. Devilal Janwar and ors.

Court : Andhra Pradesh

Reported in : 2009(3)ALT372

..... to what extent9(3) whether the defendants are agriculturists, entitled to the benefits of act iv of 1938?(4) whether the interest claimed is usurious, penal and excessive, if so, is it not liable to be scaled down under the provisions of the usurious loans act?(5) whether the appropriation pleaded in the plaint ..... bargain regarding the security, is also necessary and operates to create the charge in conjunction with the deposit, it requires registration under section 17 of the indian registration act, 1908, as a non-testamentary instrument, creating an interest in immovable property, where the value of such property is one hundred rupees and upwards. ' ..... that the document was deposited with an intention to create a mortgage. even in the written statement, the defendants have pleaded that they have been making repeated requests for return of the document, but the plaintiff failed to do so. dws. 1 and 2 gave evidence in support of the ..... and the suit is liable to be decreed with costs as prayed for in the plaint.6. it is needless to say that the said rejoinder was filed in the light of the plea taken on rule of 'dandupat'.7. issues and additional issues settled by the trial court:issues:(1) ..... deposit of title deeds. mortgage by deposit of title deeds defined under section 58(f) of the transfer of property act specifies as hereunder:where a person in any of the following towns, namely, the towns of calcutta, madras, and bombay, and in any other town which the state government concerned may, .....

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Jul 13 1989 (SC)

Sundarjas Kanyalal Bhathija and Others Vs. the Collector, Thane, Mahar ...

Court : Supreme Court of India

Reported in : AIR1990SC261; AIR1991SC1893; (1990)92BOMLR13; [1990]68CompCas20(SC); 1989(25)LC129(SC); [1990]183ITR130(SC); JT1989(3)SC57; 1989(2)SCALE7; (1989)3SCC396; [1989]3SCR405; 19

..... under section 3(3) of the act, the state government shall make the necessary amends in the notification issued.x x x in the result, therefore, the rule is made partly absolute and the state government is directed to exercise its power under section 3 sub-section (3) of the act in ..... central importance may be stated as follows :3. on june 19, 1982, the government of maharashtra issued a draft notification under section 3(3) of the bombay provincial municipal corporation act, 1949 (the 'act'). the draft notification proposed the formation of what is termed as 'kalyan corporation' (the 'corporation ..... made to constitute a notified area as provided under section 256 of the himachal pradesh municipal act, 1968, by including portions of the four villages for such purposes. the residents of the villages who were mostly agriculturists challenged the validity of the notification before the high ..... to intervene in the proceedings. they supported the stand taken by the government which was the main respondent in the writ petitions.6. the state in its counter affidavit resisted the petitioner's claim raising several grounds. the first point to be noted in this ..... make a declaration under section 3 of the act is legislative in character because the application of the rest of provisions of the act to the geographical area which is declared as a town area is dependent upon such declaration. section 3 of the act is in the nature of a conditional legislation. dealing with the nature of functions of a non .....

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Jan 21 1965 (HC)

Lalji Mulji Vs. the State of Maharashtra

Court : Mumbai

Reported in : (1965)67BOMLR484

..... other substances. section 9 of this act also gave power to local government to make rules to regulate the importation of petroleum and the granting of licences to possess or to transport petroleum within the province. in the same connection, mr. ganatra pointed out that the bombay municipal corporation act, which is act no. ill ..... 7. the first provision to be considered in that connection is section 394 of the bombay municipal corporation act, the vires of which have been called in question in these proceedings. section 394, as it stood before its amendment by maharashtra act no. xxxii of 1962, in effect provided-(1) except under ..... kinds, flash-point of which is below 76p, lays down six conditions, which are more stringent than the conditions in the case of 'non-dangerous' mineral oils. in addition to the requirement of a suitable receptacle or vessels in which these oils are required to be kept, ..... interpreting items in the lists defining the distribution of powers between the centre and the 'states in a federal constitution. in that case, the validity of the madras agriculturists relief act passed by the provincial legislature was called in question. the act provided for the scaling' down of the decretal ..... any verdict on this aspect of the matter, because we find that the question can be answered by reference to clauses (5) and (6) of article 19 relating to reasonable restrictions in the interest of general: public. the requirement of securing a licence from the municipal commissioner .....

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