Mumbai Court July 1993 Judgments
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Minoo H. Mody Vs. Hemant D. Vakil and Others
Court: Mumbai
Decided on: Jul-16-1993
Reported in: AIR1994Bom39; 1994(2)BomCR560; (1994)96BOMLR466; [1997]89CompCas456(Bom); 1994(1)MhLj78
ORDERV.A. Mohta, J.1. This is a reference to consider the following three questions pertaining to the practice and procedure concerning an Appeal under Section 10F of the Companies Act, 1 of 1956 (the Act):-1. Whether an Appeal under Section 10F of the Companies Act, 1 of 1956 against an order of the Company Law Board can be entertained by the High Court in exercise of its 'Ordinary Original Civil Jurisdiction'? 2. Whether such an Appeal can be filed in the form of a petition to the Company Court by following the procedure prescribed for making original application to the Company Court under the Companies' Court Rules (1959) instead of presenting a Memorandumof Appeal formulating questions of law arising out of order under Appeal ? 3. Whether such an Appeal is liable to be heard by a single Judge or Division Bench on the Original Side or Appellate Side till the appropriate rules are made and published by the appropriate authority in this behalf?2. Basic factual background is this:Some ...
Maharashtra State Financial Corporation, Bombay Vs. Ballarpur Industri ...
Court: Mumbai
Decided on: Jul-16-1993
Reported in: AIR1993Bom392; MANU/MH/0061/1993
ORDERSmt. Sujata Manohar, J.1. The appellants are Maharashtra State Finance Corporation. The appellants lent and advanced to Messrs. Atrois Chemicals Private Limited (hereinafter referred to as 'the company') a sum of Rs. 6 lakhs which was secured by an indenture of mortgage dated 28th January, 1980 executed by the company whereby the company mortgaged its land, building, plant and machinery etc. situate at Tarapur in favour of the appellants. This deed of mortgage has been lodged for registration with the Sub-Registrar of Assurances at Bombay on 28th January 1980. The charge in favour of the appellants in also registered with the Registrar of Companies on 3rd November, 1980 under Section 128 of the Companies Act, 1956. 2. The company was also sanctioned another loan of Rs. 2 lakhs by the appellants. This loan was secured by a deed of further charge dated 16th June, 1981 executed by the company. The charge is also registered with the Sub-Registrar of Assurances at Bombay on 16th June, ...
Maharashtra State Financial Corporation and Another Vs. Official Liqui ...
Court: Mumbai
Decided on: Jul-16-1993
Reported in: [1995]82CompCas342(Bom)
Mrs. Sujata Manohar, J. 1. The appellants are the Maharashtra State Financial Corporation. The appellants lent and advanced to Atrois Chemicals Private Limited (hereinafter referred to as 'the company') a sum of Rs. 6 lakhs which was secured by an indenture of mortgage dated January 28, 1980, executed by the company whereby the company mortgaged its land, building, plant and machinery, etc., situate at Tarapur, in favour of the appellants. This deed of mortgage has been lodged for registration with the sub-registrar of assurances at Bombay, on January 28, 1980. The charge in favour of the appellants is also registered with the Registrar of Companies on November 3, 1980, under section 125 of the Companies Act, 1956. 2. The company was also sanctioned another loan of Rs. 2 lakhs by the appellants. This loan was secured by a deed of further charge dated June 16, 1981, executed by the company. The charge is also registered with the sub-registrar of assurances at Bombay, on June 16, 1981. T...
Fort Properties Pvt. Ltd. Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Jul-16-1993
Reported in: (1993)115CTR(Bom)355; [1994]208ITR232(Bom)
Dr. B.P. Saraf, J. 1. By this reference both at the instance of the assessee and the Revenue, the Income-tax Appellate Tribunal has referred to the following questions of law for the opinion of this court. The questions are : '1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified that the purchase and sale of Fort property in the hands of the assessee-company was a purchase and sale of capital asset and the assessee-company was, therefore, liable to be assessed under the head 'Capital gains' under section 45 of the Income-tax Act, 1961 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the income under the head 'Capital gains' is to be assessed on the basis of the financial year as previous year only and, therefore, the assessee was liable to be assessed under the head 'Capital gains' in respect of the transaction of purchase and sale of Fort property in the assessment year 1968-69 and not in th...
Naranga Hotels Private Ltd. Vs. Union of India and Others
Court: Mumbai
Decided on: Jul-16-1993
Reported in: 1994(1)MhLj983
A.P. Shah, J.1. The petitioner, which is a private limited company, is engaged in the business of hoteliering and has two hotels, the Ambassador Hotel at Bombay and the Ajanta Ambassador Hotel at Aurangabad. The hotels of the petitioner are having status of 'four star' and there are restaurants forming part of the said hotels. 2. By this petition under article 226, the petitioner questions the authority of the State to levy sales tax in respect of food and beverages supplied or served in the hotels/restaurants of the petitioner. The petitioner challenges the validity of the Forty-sixth Amendment to the Constitution and the relevant entries in the Bombay Sales Tax Act, 1959 (hereinafter referred to as 'the said Act') imposing sales tax on the food articles supplied in the hotel, restaurant, etc. 3. The sales tax was being levied upon sales of food articles in hotel/restaurant right since the inception of the Sales Tax Act in the then State of Bombay and also in the State of Maharashtra....
Pwd Sc, St and Obc Employees Council and ors. Vs. State of Maharashtra ...
Court: Mumbai
Decided on: Jul-16-1993
Reported in: (1994)IILLJ1192Bom
V.S. Sirpurkar, J.1. This judgment shall govern Writ Petition Nos. 2039/91, 1415/91 and 2459/91. These three petitions have been filed at the instance of the workmen and/ or their Union challenging the common judgment passed by the Industrial Court dismissing Revision Nos. 97/90, 98/90 and 99/90 and confirming the order passed by the Labour Court by which order the Labour Court has dismissed the complaints filed by the workmen challenging the notice of retrenchment given to these workmen working with the three divisions of the Public Works Department.2. Shortly stated, the facts are like this: The original petitioners are the Unions and the workmen. All these workmen were daily rated workmen on the establishment of Public Works Department of the State of Maharashtra. It is an admitted position that though they were daily rated workers, they were being paid monthly. Their seniority list was being maintained by the P.W.D. (Public Works Department) has three divisions viz. Division No. I,...
Meharunnissa Khan Vs. Kamlesh Naik and anr.
Court: Mumbai
Decided on: Jul-16-1993
Reported in: I(1995)DMC302
E.S. Da Silva, J.1. This Criminal Revision is directed against the order of the learned J.M.F.C., Panjim, dated 15th May, 1993 in Criminal Misc. Application No. 158/93/C whereby the learned Magistrate has rejected an application moved by the petitioner under Section 98 of Criminal Procedure Code and declined to give to her the custody of her minor daughter Wahida Bi Khan. Along with this application an interim relief was also sought for to the effect that pending the disposal of the application the Court should hand over back to the petitioner the custody of her said daughter.2. The case of the petitioner is that the respondent No. 1 (hereinafter called the respondent) kidnapped the petitioner's minor daughter on 2.4.1993 against the wishes of the petitioner and her husband, got married to her at Sawantwadi by furnishing a false School Leaving Certificate so as to represent to the concerned authorities that the petitioner's daughter was a major. Thereupon consequent upon a complaint lo...
Smt. Seeta Ramnath and Others Etc. Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Jul-15-1993
Reported in: AIR1993Bom357
ORDER1. Facts in the background, subject matters, cause of actions and reliefs claimed are identical in both the suits herein. Parties arc also common in both the suits. The order impugned in both the suits, which is main cause of action, is also common. Therefore, applications herein are disposed of with a common judgment. 2. The crux of the dispute is the availing of the benefit conferred upon the occupants of the old building under the amended provisions of the Maharashtra Housing and Area Development Act, 1976 in particular Chapter VIII-A thereof introduced in the year 1986 (for brevity's sake hereinafter referred to as the said Act) whereby, on fulfilment of requisite conditions under the said Act, the occupants of such old buildings are allowed to form a Co-operative Housing Society under the provisions of the Maharashtra Cooperative Societies Act, 1960, in the interest of its better preservation. Various conditions precedents to the said advantage under the said Act will be noti...
Balsara Hygiene Products Ltd. and Another Vs. D.S. Saxena and Another
Court: Mumbai
Decided on: Jul-15-1993
Reported in: 1994(2)BomCR164; [1994]208ITR623(Bom)
M.L. Pendse J.1. By this petition filed under article 226 of the Constitution of India, the petitioners are seeking a declaration that the amendment made to section 37 of the Income-tax Act, 1961, by section 17(b) of the Finance Act, 1983, by inserting sub-sections (3A) to (3D) is bad in law, illegal, invalid and violative of the petitioners' fundamental rights. The facts which gave rise to the filing of the petition are as follows : Petitioner No. 1 was incorporated as a public limited company on April 29, 1978. Prior to its incorporation, the business was carried on by a partnership-firm known as Balsara Hygiene Products. The partnership-firm was engaged in the business of manufacture and sale of air purifiers, water filters, lavatory cleansers and mosquito repellent cream. In the year 1978, the partnership-firm entered the filed of dental hygiene with the introduction of a new tooth paste called 'Promise'. It is the claim of the petitioners that the tooth paste earned high acclaim a...
Commissioner of Income-tax Vs. V.S. Dempo and Co. Pvt. Ltd.
Court: Mumbai
Decided on: Jul-15-1993
Reported in: [1994]206ITR291(Bom)
B.P. Saraf, J. 1. By this reference under Section 256(1) of the Income-tax Act, 1961 ('the Act'), the Income-tax Appellate Tribunal has referred the following question of law to this court for opinion at the instance of the Revenue :'Whether, on the facts and circumstances of the case, the Appellate Tribunal was justified in holding that the sum of Rs. 19,07,217 is an allowable expenditure ?'2. The assessee is a private limited company.3. The relevant assessment year is 1967-68. During the years 1957-58 and 1958-59, the assessee-company borrowed a sum of $7,00,000 equivalent to Rs. 33,42,783 from Messrs. Eisenberg Incorporated, Tokyo, Japan, who were selling agents of the assessee-company for iron ore. There is another limited company, viz., Messrs. Dempo and Souza Ltd., in which the assessee-company holds 50 per cent. of the shares. This company used to extract iron ore from the mines and supply the same exclusively to the assessee. As the method of extracting iron ore from its mines ...
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