Court : Mumbai
Reported in : [1977]47CompCas503(Bom)
..... in in re travancore national and quilon bank ltd. [1939] 9 comp cas 14 (mad) and in the matter of the indian companies act vii of 1913 and of the traders bank ltd., lahore air 1949 lah 48, before making the observations relied upon by shri zaiwala. the said two decisions dealt with cases of unregistered companies and determined the ..... the event of its being wound up, be deemed to be a company under this act'. the wider view taken by the madras high court aforesaid was dissented by the learned single judge of the lahore high court in the traders bank ltd.'s case air 1949 lah 48. the learned judge gave a restricted interpretation to the expression 'in ..... question as to whether a foreign company could take benefit of the provisions of section 153 of 1913 act. the view taken by the madras high .....
Tag this Judgment!Court : Mumbai
Reported in : (1977)79BOMLR175
..... it is permissible to have regard to all such factors as can legitimately be taken into account to ascertain the intention of the legislature such as the history of the act, the reason which led to its being passed, the mischief which had to be cured as well as the cure as also the other provisions of the statute. ..... in order to appreciate the rival contentions, it would be necessary to refer to the relevant provisions of the criminal procedure code (crpc), 1898 (act no. v of 1898), hereinafter referred to as the old code, which were in force till the commencing of the new code. sections 145 and 146 of the old code were contained in chapter xii under the heading ..... title apart from the question of possession except in a case where the suit is instituted under the provisions of the specific relief act, 1963. in such a suit based on the provisions of specific relief act, the question of title would not arise and a decree would be passed on the basis of factual possession within six months prior .....
Tag this Judgment!Court : Mumbai
Reported in : 1977CriLJ2032
..... . prashar v. vasantsen air 1963 sc 1356 at page 1371.)11. if section 146 were to be read apart from section 145, a literal construction as urged on behalf of the petitioners was possible ..... . in order to appreciate the rival contentions, it would be necessary to refer to the relevant provisions of the cr. p. c., 1898 (act no.v.of 1898), hereinafter referred to as the old code, which were in force till the commencing of the new code. sections 145 and 146 of the old code were contained in chapter xii under the heading ..... , it is permissible to have regard to all such factors as can legitimately be taken into account to ascertain the intention of the legislature such as the history of the act, the reason which led to its being passed, the mischief which had to be cured as well as the cure as also the other provisionsof the statute (see s. c .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom244
..... malkapur municipal council in buldana district, (1) is not competent to perform duties imposed upon it by or under the maharashtra municipalities act, 1965, or any other law for the time being in force, as mentioned in annexure i. (2) persistently makes default in the performance of such duties or in complying with the lawful directions ..... maursinha v. state of madhya pradesh : air1958mp397 , suresh seth v. the state : air1970mp154 , municipal committee kharar v. the state of punjab , suraj prakash v. state of punjab air 1963 del 30 (fb) and state of u. p. v. , krishna chandra gupta 1974 all lj 58. further it is not now necessary for us to deal with this ..... then there was an agitation by the employees and, therefore, the decision taken by the municipal council could not be transacted into practice and ultimately it was forced to accept the recommendation of the badkas commission and make the award applicable with effect from 1-4-1966. according to the municipal council having regard to the .....
Tag this Judgment!Court : Mumbai
Reported in : (1977)79BOMLR394
..... by way of an exception. the relevant provisions are as follows:484. (2) notwithstanding such repeal,-(a) if, immediately before the date on which this code comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made ..... exclusively by that court or if the magistrate taking cognizance is the chief judicial magistrate;(ii) to a court of special judge appointed under the criminal law amendment act, 1952, if the offence is triable exclusively by that court;(b) in any other case, make over the case to the chief judicial magistrate who shall ..... court. not only he has recorded statements till now in the discharge of his duties as additional chief metropolitan magistrate, 3rd court, but he must now proceed to act under sub-section (5) in that very capacity. the present sub-section (5) of section 306 has a different wording than sub-section (2a) of section .....
Tag this Judgment!Court : Mumbai
Reported in : 1977CriLJ1270
..... proviso by way of an exception. the relevant provisions are as follows :484 (2) notwithstanding such repeal,--(a) if, immediately before the date on which this code comes into force, there is any appeal, application, trial, inquiry or investigation pending, then such appeal, application, trial inquiry or investigation shall be disposed of, continued, held or made, ..... exclusively by that court or if the magistrate taking cognizance is the chief judicial magistrate ;(ii) to a court of special judge appointed under the criminal law amendment act, 1952, if the offence is triable exclusively by that court ;(b) in any other case, make over the case to the chief judicial magistrate who shall try ..... .39. we may now consider the full bench judgment of the gujarat high court on which reliance is placed by mr. desai. in kalu khodav.the state air 1962 guj 283 : 1962 cri lj 604 the learned judges were dealing with a committal order passed by judicial magistrate, first class where the accused was involved .....
Tag this Judgment!Court : Mumbai
Reported in : (1979)81BOMLR1; 1977MhLJ869
..... the industrial court was right in holding that non-observance of the requirement of section 19(ii) which pertained to the period prior to the coming into force of the act, was immaterial or irrelevant. as regards the requirement of section 19(iv) the petitioner-company contended that even the constitution of the applicant-union did not ..... be stated. obviously clause 11 (ii) in the prescribed form is intended to apply to a case where twelve months have elapsed since the coming into force of ;the act and/or since after the incorporation of the relevant provision in, its constitution so that the industrial court could verify whether the applicant-union is complying with ..... non-observance of the condition contained in section 19(ii), it was pointed out that such non-observance related to a period prior to the coming into force of the act itself, as also prior to the making of the application for recognition and as such, such non-observance would not be a ground for disallowing the recognition .....
Tag this Judgment!Court : Mumbai
Reported in : [1977]47CompCas669(Bom); 1975MhLJ337
..... issue consists of more than seven partners, but below twenty, on the date of the suit for dissolution of such partnership, per force the provisions of part x of the companies act are attracted and by virtue of the provisions of section 582 read with section 583, the ordinary civil court would have no jurisdiction ..... . 5. indeed, a little closer reading of the provisions and contemplation of part x of the companies act would indicate that under the facts and circumstances the objection has absolutely no force. part x of the companies act deals with winding up of unregistered companies. fro the purpose of that part, section 582 defines what are ..... to do with the application of the provisions of part x of the indian companies act, 1956 (hereinafter called 'the companies act'), as urged, excluding the operation per force the statute of chapter vi of the indian partnership act, 1932 (hereinafter called 'the partnership act'). indeed, the main plank of submission is that in a suit purporting to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom77; 1976MhLJ858
..... of land revenue, or acquisition of land for a public purpose under any law for the time being in force.'then comes section 9 of the act which deals with the restriction on acquisition of land in excess of ceiling area. section 9 lays down that no ..... of the legislature that it wanted to include in this definition even the involuntary or testamentary dispositions of property which are not made by act of parties inter vivos. it is no doubt true that while defining the word 'transfer' the legislature has in its import included sale ..... be usefully made to the full bench decision of jammu and kashmir high court in lala devi dass v. pannalal air 1959 j. & k. 62. after making a detailed reference to a full bench decision of madras high court in jamindar of bhadrachalam ..... v. venkatadri appa rao air 1922 mad 457 and to a decision of oudh high court in surendra vikram singh v. munia kunwar , the full bench .....
Tag this Judgment!Court : Mumbai
Reported in : [1977(35)FLR31]; (1977)IILLJ377Bom; 1977MhLJ241
..... contention raised by mr. ramaswami relates more to the from than to the substance of the dispute, because after the amendment of the industrial disputes act by addition of s. 2a, which came into force on 1-12-1965, the distinction between a dispute or difference arising out of discharge, dismissal, retrenchment or termination of the service of an ..... as its reference and adjudication is concerned. it must be remembered in this connection that neither clause (k) of s. 2 nor any other provision in the said act mentions a union of workmen or other workman in connection with the raising of a dispute. it is only the interpretation placed by the courts on the definition 'industrial ..... individual dispute. this was necessary because disputes between a workman or workmen on the one hand and the employer on the other, for the resolution of which the act has been placed on the statute book, may be of various kinds. such disputes may relate to the general conditions of service in which all the workmen are .....
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