Mumbai Court April 2008 Judgments

Northern Projects Ltd. Vs. Blue Coast Hotels and Resorts Ltd.

Court: Mumbai

Reported in: [2009]148CompCas279(Bom); [2008]88SCL74(Bom)

ORDERN.A. Britto, J.1. Challenge in this appeal, filed under Section 10F of the Companies Act, 1956 (Act, for short) is to the Order dated 3-5-2007 of the Company Law Board (CLB, for short), Principal Bench at New Delhi by which the appellant's petition filed under Section 397/398 of the Act has been rejected, holding that the appellant did not qualify to file the said petition in terms of Section 399 of the Act as the appellant held less than 1/10 of the 'issued share capital'.2. Some undisputed facts are required to be stated to dispose off the appeal.3. The Respondent-company was first incorporated on 27-7-1992 and after it changed its name several times, it is now registered in its present name, having its registered office at Arossim, Cansaulim, Goa.4. The Appellant is a company incorporated on 4-3-1983 having its registered office at 6, Old Post Office Street, 4th Floor, Kolkata-700 001.5. The authorized capital of the Respondent (company, for short) is Rs. 100,00,00,000 (Rs. One...

The Marwar Textiles (Agency) Pvt. Vs. the Ito-5(2)(3)

Court: Income Tax Appellate Tribunal ITAT Mumbai

1. Though various grounds have been raised by the assessee but the effective ground is one i.e., whether charges received by the assessee from different parties on account of user of the property owned by the assessee are assessable under the "income from house property" or under head "profits and gains from business or profession".2. Briefly stated, the facts are that the assessee is the owner of an immovable property situated at Pedder Road, Mumbai. This property, as per the assessee, was initially used for the purpose of its business of textile. However, on discontinuance of the said business, the company decided to allow the use of the property to other persons along with facilities like telephone etc., as per resolution dated 15.12.1993.Subsequently, the said premises was allowed to be used by various companies of assessee's group w.e.f. 1.4.1994 at a fixed monthly charge provided in the agreement. The copy of agreement with West Coast Paper Mills Ltd., is placed on record. It is...

Dr. Rajaram Dhondiba Shingte Vs. State of Maharashtra Through Secretar ...

Court: Mumbai

Reported in: 2008(4)ALLMR544; 2008(5)BomCR422; 2008(5)MhLj211

Ranjana Desai, J.1. In this writ petition filed under Article 226 of the Constitution of India the petitioner is seeking pension and other pensionery benefits from the respondents.2. The petitioner is a highly qualified person. The petitioner has served Government aided institutions for almost 32 years. He has served in Rajaram College, Kolhapur as a Lecturer from 29/11/45 to 20/6/60. He has worked as Principal of Science College, Karad from 21/6/60 to 30/6/65. He has served as a Professor and Head of Department at the Shivaji University, Kolhapur from 1/7/65 to 10/11/68. He has served as Principal, Warna College, Warnanagar from 1/6/70 to 14/6/79. According to the petitioner all these institutions are hundred per cent aided by Government for the salaries and allowances paid to the Principals, Professors and other staff members.3. The petitioner has two sons. One son is mentally challenged since birth. The petitioner's case is that on account of the critical health condition of his men...

Arvind s/o Bhaurao Gangashettiwar and Ors. Vs. Smt. Indirabai W/o Balk ...

Court: Mumbai

Reported in: 2008(5)ALLMR651; 2008(5)MhLj185

B.P. Dharmadhikari, J.1. By this second appeal, the original plaintiffs are challenging the reversing judgment delivered by Lower Appellate Court. The present appellants are in fact legal heirs of original plaintiff and their grand mother Smt. Rukhmabai instituted Regular Civil Suit bearing No. 140/1978. It is not in dispute that Rukhmabai died some time in the year 1986 and thereafter the names of present appellants (grandsons) are brought on record as her legal heirs because of Will exhibit 44 allegedly executed by her in their favour. The Suit filed was against widow of her deceased son Balkrishna & for recovery of possession of 4 hectares and 60 R portion of field Survey No. 60/2 of village Shelu, Tq. Wani, District Yavatmal. The description of suit property as also relationship is not in dispute between parties. Rukhmabai was widow and was having two sons namely Bhaurao and Balkrishna. It is admitted position that in 1951 there was partition of agricultural land between Rukhmabai,...

Life Insurance Corporation Vs. S. Parekh and Co. and ors.

Court: Mumbai

Reported in: 2008(6)BomCR494; 2008(4)MhLj816

R.M.S. Khandeparkar, J.1. Heard. Admit. By consent, heard forthwith. The learned advocates for the respondents waive service. This appeal arises from the order dated 22nd August, 2007 passed by the learned Single Judge in Notice of Motion No. 1352 of 2007 in Suit No. 1102 of 1991. By the impugned order, the learned Single Judge has dismissed the notice of motion. The said notice of motion was taken out for setting aside the ex parte decree passed in the said Suit No. 1102 of 1991 on 12th March, 1997. The said notice of motion was taken out on 8th June, 2007.2. The sole ground on which the ex parte decree was sought to be set aside by taking out the said notice of motion was that pursuant to the withdrawal of the brief from the earlier advocate, the appellants had engaged another advocate to represent the appellants in the matter, however, on the relevant day the Vakalatnama on behalf of the appellants by the newly engaged advocate had not filed nor had remained present on their behalf....

Alluminite Pvt. Ltd. Vs. General Insurance Corporation of India

Court: Mumbai

Reported in: 2008(4)ARBLR298(Bom); 2009(1)BomCR391; 2008(5)MhLj12

R.M.S. Khandeparkar, J.1. This appeal arises from the judgment and order passed in the Arbitration Petition No. 396 of 1998 on 21st December, 1999. By the impugned judgment and order, the learned Single Judge has held that the arbitration proceedings commenced on 17th October, 1995 and, therefore, they ought to be governed by the provisions of Arbitration Act, 1940, besides there was no specific or express agreement between the parties that the provisions of the 1940 Act should not apply to the arbitration proceedings, nor there was any express agreement between the parties that the provisions of the Arbitration and Conciliation Act, 1996 would apply to the arbitration proceedings, and hence the arbitration petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 was not maintainable.2. Drawing our attention to the award passed by the Arbitrator as well as the fact that the arbitral proceedings commenced from 25th March, 1996 and that there was no dispute between t...

Laxmichand S/O Deorao Khandate Vs. State of Maharashtra and anr.

Court: Mumbai

Reported in: 2008(5)MhLj320

R.C. Chavan, J.1. Rule. By consent made returnable forthwith.2. This petition raises question of scrutiny of a migrant's claim belonging to Scheduled Tribe. The Scheduled Tribe Caste Certificates Scrutiny Committee, Nagpur refused to verify the petitioner's caste claim by its order dated 2nd January, 2006, holding that the native place of the petitioner was Mungnapar, District: Chhindwara (M.P.) and therefore, the petitioner was not entitled to have his claim scrutinized by the said Committee.3. We have heard learned Advocate Shri Borkar for the petitioner, learned A.G.P. Shri Fulzele for respondent No. 1 and learned Advocate Shri P.B. Patil for respondent No. 2-Caste Scrutiny Committee.4. In view of the judgment of the Apex Court in Sudhakar Vitthal Kumbhare v. State of Maharashtra reported at : (2004)9SCC481 , where the Court had specifically considered the question of an applicant, original resident of Chhindwara district of Madhya Pradesh, seeking verification of his caste claim in...

Jaimini Oza (Prof.) and ors. Vs. Parkar Kaiser ShamsuddIn and ors.

Court: Mumbai

Reported in: 2008(6)BomCR910

Khandeparkar R.M.S., J. 1. The present appeal arises from the judgment and order dated 12th February, 2002 passed by the learned Single Judge in Writ Petition No. 1201 of 1995. By the impugned judgment and order, the writ petition filed by the appellants against the judgment and order dated 27th April, 1995 passed in Appeal No. 18 of 1992 has been dismissed. By the said order, the College Tribunal had allowed the appeal filed by the respondent No. 1 and the order of termination of the services dated 20th June, 1992 was set-aside and he was directed to be reinstated in the service with effect from 20th June, 1992 while declaring him to be appointed on probation with effect from 20th June, 1991 in the appellant-college.2. The said Writ Petition was filed also in relation to the order passed in Appeal No. 20 of 1992 by the College Tribunal on 27th April, 1995. In fact, it was a common judgment in both the appeals and the Appeal No. 20 of 1992 related to the respondent No. 2 herein. The le...

Direction Software Solutions Vs. Income Tax Officer

Court: Income Tax Appellate Tribunal ITAT Mumbai

Reported in: (2008)116TTJ(Mum.)841

1. This appeal filed by the assessee is directed against the order of CIT(A)-XII, Mumbai and relates to asst. yr. 2001-02.2. Assessee is aggrieved that the learned CIT(A) sustained denial of exemption under Section 10A in respect of sum of Rs. 10,66,788 stated to have been received for supply, site development and modification of computer software.3.1 Assessee is stated to be engaged in the business of software exports. During the relevant previous year, assessee had claimed exemption under Section 10A of the Act for a sum of Rs. 62,95,430. AO required clarifications on the party-wise details of software income received and this was furnished by the assessee. From these details, amounts received from one M/s Otto Versand International (in short 'OVT) were taken out by the AO, since according to him these were not software exports. The list of such items relating to M/s OVI not considered by the AO as software exports is verbatim reproduced hereunder:Sr. Invoice No. Date AMT(Cur) Amoun...

Latifkhan S/O Karamkhan Vs. the State of Maharashtra,

Court: Mumbai

Reported in: (2008)110BOMLR1399; 2008CriLJ3246

V.R. Kingaonkar, J.1. Original complainant impugns bail order dated 12th December, 2007 rendered by learned Additional Sessions Judge, Jalgaon, on bail application (Criminal BA No. 1112 of 2007).2. By the impugned order, learned Additional Sessions Judge granted bail application of respondents No. 2 and 3 and directed them to be released on furnishing bail bonds in sum of Rs. 25,000/- each with one surety and on the certain conditions.3. Undisputedly, deceased Jarinabi was married to respondent No. 2-Shaikh Nasiroddin on 23rd April, 2006 as per the tenets of the Mohammedan law. After the marriage, Jarinabi started living with the respondents No. 2 and 3 at their residence. Respondent No. 2 Nasiroddin is a Police Constable attached to Constabulary at Jalgaon. Jalgaon is about 28 kilometres from Bhusawal. It is about 30 minutes journey from Bhusawal to Jalgaon.4. Briefly stated, the prosecution case is that after one month of the marriage, deceased Jarinabi was ill-treated and harassed b...