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Kajaria Traders (India) Ltd. Vs. Foreign Import and Export Association

Court : Mumbai

Subject : Arbitration

Acts : Indian Partnership Act, 1932 - Sections 69, 69(1), 69(2), 69(3) and 69(4); Indian Companies Act, 1913; Indian Arbitration Act, 1940 - Sections 3, 8 and 8(2); Presidency-Towns Insolvency Act, 1909; Provincial Insolvency Act, 1920; Code of Civil Procedure (CPC), 1908 - Order 23, Rule 1; Displaced Persons (Debts Adjustment) Act, 1951; Presidency Small Cause Courts Act, 1882 - Sections 19; Provincial Small Cause Courts Act, 1887

Reported in : AIR1961Bom65; (1960)62BOMLR753

of the Letters Patent for the determination of the questions following:--'Whether in view of the provisions contained in Section 69 of the Indian Partnership Act, 1932, the present petition is maintainable and what provisions should be made for … to consider the words following appearing in certain Bills of Lading:'Liberty X X X to call at any ports in any order, for bunkering or other purposes, X X X all as part of the contract voyage.'A … used in Order XXIII, Rule 1 of the Code of Civil Procedure, 1908. The words therein used are the following :'...... (2) Where the Court

Lakshman Gowroji Nakhwa Vs. Ramji Antone Nakhwa

Court : Mumbai

Subject : PropertyCivil

Reported in : AIR1921Bom93; (1921)23BOMLR939

provisions as to removing obstructions and paying compensation will be found in Sections 10 and 12 of the Indian Ports Act, 1908, which was amended by Act VI of 1916, but I do not think I need pursue that.64. Then … to the earth.'57. He next relies on the definition of easement in the Indian Limitation Act IX of 1908. Section 2(5) says: -Easement' includes a right not arising from contract, by which one person is entitled to remove … left open and in Lutchmeeput Singh v. Sadaulla Nushyo I.L.R (1882) Cal. 698. Lord Rivera v. Adama (1878) L.R. 361 was followed.72. This leaves the

Jayantilal Dharamsi and ors. Vs. Board of Trustees of Port of Bombay

Court : Mumbai

Subject : TenancyConstitution

Acts : Major Port Trusts Act, 1963 - Sections 33, 34, 49 and 52; Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 4(1); Constitution of India - Articles 14 and 19

Reported in : 1991(2)BomCR283; (1990)92BOMLR596

placed upon the declaration about the limits of the Port of Bombay issued under section 5 of the Indian Ports Act, 1908. Now so far as this notification dated 28th October, 1972 issued by the Government of India in the

Corporation of Calcutta Vs. Director of Rationing and Distribution

Court : Kolkata

Subject : Criminal

Acts : Calcutta Municipal Act, 1923 - Section 386 and 386(1); ;Bengal General Clauses Act, 1899 - Section 3(32); ;Constitution of India - Article 300; ;Government of India Act, 1935; ;Abolition of Privy Council Jurisdiction Act, 1949 - Section 8; ;Code of Civil Procedure (CPC) , 1908

Reported in : AIR1955Cal282,1955CriLJ792

repealed the proviso to Section 20 goods belonging to Government were expressly exempted.Section 1(4) of the now repealed Indian Ports Act of 1889 exempted-from the operation of the. Act vessels belonging to or in the service of Her Majesty … belonging to or in the service of Her Majesty or the Government of India. Section 2(l) Indian Port Act, 1908, gave the same exemption to all vessels belonging to or in the service of His Majesty which in … Act till the notification by Governor General of the signification of the assent of His Majesty in Council. Section 69 provides a further hurdle for Indian legislation before it could be placed on the Statute book. When a

V. M. Salgaocar and Brothers Ltd. Vs. Deputy Controller, Reserve Bank ...

Court : Karnataka

Subject : Direct Taxation

Acts : Income tax Act, 1961 -Sections 44B, 172, 195, (4), (5) 9, 2(7), (3) to (7), 163

Reported in : (1991)93CTR(Kar)49

claims, any payment made under this section in respect of the passengers, livestock, mail or goods shipped at Indian ports during that previous year shall be treated as a payment in advance of the tax leviable for that … Subject to the observations made, the writ petitions are disposed of.31. Parties will bear their own costs. - Section 69 & Karnataka Co-operative Societies Rules. 1960, Rule 38(5) & Civil P.C. (5 of 1908) Order 21, Rule 90 … the provisions made in ss. 44B and s. 172 of the IT Act 1961 (hereinafter referred to as the Act) and as such, having regard

M/S Bharti Airtel Ltd., Rep by Its Head-legal and Regulatory S. Nagara ...

Court : Karnataka

Subject : Service Tax

drawing support from the Apex /Court’s judgment in the case of Commissioner of Customs, Calcutta and others v. Indian Oil Corpn. Ltd., and another, reported in (2004) 3 SCC 488 that an assessee cannot be driven to … the High Court with the enquiry. Therefore, the enquiry was entrusted to Inspector General of Registration - Registration Act, 1908. Ss.69 and 83.” 24. The learned Senior Counsel submits that on the similar set of facts when the … the decision of the Honourable Supreme Court in the case of Paradip Port Trust v. Sales Tax Officer and others, reported in (1998) 4 SCC … by the third Respondent by virtue of residuary entry in terms of Section 4 (1) (B) of the KVAT Act, 2003, read with Entry 54,

Lakhmichand Khetsey Punja Vs. Ratanbai and ors.

Court : Mumbai

Subject : Land Acquisition

Reported in : 101Ind.Cas.210

suit is brought by the widow and three minor daughters and mother of one Umersey Punja under the Indian Fatal Accidents Act, 1855 (which corresponds to Lord Campbell's Act in England), against the defendant as owner of … would, I think, lie on the defendant who affirmed its existence under Section 103 of the Indian Evidence Act, for I do not think that … L.T. 217 : 15 T.L.K. 247; on appeal (1900) A.C. 260 : 69 L.J. Ch. 516 : 82 L. T.429 : 16 T.L.R. 325 But … not conclude the question, for it was not this room which fell and injured Umersey, but a different portion of the building consisting of privies and wash-houses where Umersey happened to be at the time of the

A-z (industrial) Premises Vs. Competent Authority, Iac

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (1985)12ITD451(Mum.)

had not been or which ought to have been disclosed by the transferee for the purposes of the Indian Income-tax Act, 1922, or the Income-tax Act, 1961 or the Wealth-tax Act, 1957. He, therefore, directed the proceedings … of transfer' was further defined in Clause (f) to mean the instrument of transfer registered under the Registration Act, 1908, or the statement registered under Section 269AB of the Act with the competent authority. Reading Clauses (f) and … been taken as per the rates that were prevailing in the Bombay Port Trust in 1967, which have been taken into consideration. Further, the valuer

D. Pudumjee and Co. Vs. N.H. Moos

Court : Mumbai

Subject : Company

Reported in : AIR1926Bom28; (1925)27BOMLR1218

kept as required by Section 87 of the Act, which corresponds to Section 75 of the Companies (Consolidation) Act, 1908, (8 Edw. VII, c. 69) We are not referred to any direct authority on this question. In my … petitioning creditors now bring this appeal.2. F. F. Gordon, Ltd. , was a private company registered under the Indian Companies Act, 1913, on March 3, 1916. Its issued capital was Rs. 2,00,200, consisting of 2002 fully paid … twenty years in the land and building thereon situate at Dalai Street, Port, Bombay, and more particularly described in the Schedule hereto and the engine,

In Re: N, an Advocate

Court : Kolkata

Subject : Land Acquisition

Reported in : 162Ind.Cas.170

officer of a Trade Union of the labourers of the Port and Docks of Calcutta registered under the Indian Trade Unions Act of 1926, In 1934 between March 3 and December 2, he delivered a number of … a principal officer of a Trade Union of the labourers of the Port and Docks of Calcutta registered under the Indian Trade Unions Act of … well as a large number of other cases where legal practitioners convicted under Section 17, Criminal Law Amendment Act, 1908, or under Section 3, Police Incitement Disaffection Act, 1922, or for similar other offences, or found guilty of … that of Shankar Ganesh v. Secretary of State 49 C 845 : 69 Ind. Cas. 367 : A.I.R. 1922 P C 351 : 49 I