Court : Mumbai
..... we do not see how by such an act and which is alleged to have been committed, namely of deposit of cheques behind the back of the complainant in order to prosecute the complainant lawfully and for offence punishable under section 138 of the negotiable instruments act can be said to be an act within the meaning of section 383 of the indian penal code. ..... from a perusal of these paragraphs, it is apparent that by issuance of notice under section 13(2) of the sarfaesi act, no offence is committed by a public financial institution or a bank and which can be said to be punishable under the ipc or a penal law. ..... then, initiation of legal proceedings and invoking section 138 of the negotiable instruments act is referred and such averments continue in paras 5 and 6 of the complaint. ..... in the present case as well, we find that the position is that the second respondent/complainant has approached a criminal court with a complaint and essentially based on the notice under section 13(2) of the sarfaesi act and the act of the petitioner no. ..... thereafter, the financial institution issued notice to the borrower under section 13(2) of the sarfaesi act and in pursuance thereof, submitted an application on 5th june, 2007 before the district magistrate, varanasi for taking appropriate action under section 13(4) of the sarfaesi act. ..... secondly, by issuance of notice under section 13(2) of the sarfaesi act, we do not see how the offence of extortion is committed. .....
Tag this Judgment!Court : Mumbai
..... as additional undisclosed income in the revised annexure, filed on september 9, 1994 alone was sufficient to establish that the application made by the assessee on september 30, 1993 under section 245c(1) of the act could not be entertained as it did not contain a 'true and full' disclosure of their undisclosed income and 'the manner' in which such income had been ..... this for the reason that the respondent-assessee did not satisfy the two independent conditions precedent as provided under section 245c(1) of the act for invoking the jurisdiction of the commission as under:- (a) making full and true disclosure of its income in its application; and (b) the manner in which this income ..... held that:- 'a "full and true" disclosure of income, which had not been previously disclosed by the assessee, being a pre-condition for a valid application under section 245c(1) of the act, the scheme of chapter xix-a does not contemplate revision of the income so disclosed in the application against item no ..... . having recorded the said adverse finding on the very basic requirement of the valid application under section 245c(1) of the act, the high court's opinion that it would not be proper to set aside the proceeding as ..... make full and true disclosure, according to the petitioner is evident from the fact that during the course of the hearing of the application under section 245d(4) of the act, the respondent-assesssee had revised/increased the income offered for settlement by offering rs. ..... , (1982) 1 .....
Tag this Judgment!Court : Mumbai
..... (xviii)the board was not justified in appointing mr.acharyaa observer cum facilitator under section 402 of the act and giving him unfettered powers making him exempt from all civil and criminal liabilities. ..... the central government is also empowered to authorise any member of a company to apply to the tribunal under section 397, 398 of the act, even if requirements of requisite member are not fulfilled, subject of-course to certain conditions. ..... it was urged by eg that, for a petition to be maintainable under section 397 of the act, it must make out a case of oppression by members in the affairs of the company. ..... it is therefore necessary to consider the various statutory provisions regarding the role and functioning of the board and the grant of relief under section 397, 398 and 402 of the act to appreciate the decision making process of the board. 33. ..... the board has held that a case of oppression made out by the mehras against eg is proved and as per provisions of section 397, 402 and 403 of the companies act, 1956 (the act), buyout by mehras of the shareholding of eg is necessary. ..... serious grievance was made that the amendment was carried out without notice to eg when section 31(1) of the act, mandates that it should be done by special resolution so also section 189(2) was relied upon. ..... (vi) the company petition filed by mehras under section 398 of the act was not maintainable against eg, the shareholders, who were not in active management of the company. .....
Tag this Judgment!Court : Mumbai
..... referred to the judgment of the apex court in marine times publications (p) ltd's case (supra) wherein the apex court has held that before a dispute can be referred to a cooperative court under the provisions of section 91(1) of the mcs act, it is not only essential that the dispute should be of a kind described in sub-section (1) of section 91, but it is also essential that the parties to the said dispute must belong to any of the categories specified in clauses (a) to (e) of sub ..... it is required to be noted that for the jurisdiction under section 91 of the mcs act to be invoked the subject matter has to be one which is mentioned in section 91, and that the parties have also to be one or the other of the parties enumerated in the ..... matter being carried in appeal, the division bench held that since what is principally challenged is the resolution of the general body, the suits were not maintainable and that the jurisdiction under section 91 the mcs act would have to be invoked. ..... the society and therefore reliefs sought against the said members in respect of the garages and office premises touches the business of the society and hence the jurisdiction of the cooperative court under section 91 of the mcs act would have to be invoked. ..... sought, the city civil court, mumbai does not have the jurisdiction to try the suit and the jurisdiction to try the said suit would be that of the cooperative court, mumbai under section 91 of the maharashtra cooperative societies act ( the mcs act ? .....
Tag this Judgment!Court : Mumbai
..... the complainant did not want to pay the bribe and therefore, went to the anti corruption bureau (acb) on 13th june 1991, and lodged a complaint which was recorded by pi vilas tupe ..... and one smruti achrekar were prosecuted on the allegation that they had committed offences punishable under section 7 and section 13(1)2) read with 13(1) (d) of the prevention of corruption act, 1988. ..... the appellant then came out from the record section and told him that he should bring one ..... he himself again went back to the record section, brought the record and showed the same to ..... it is, therefore, evident that the learned special judge has actually acted only on the evidence of acceptance of the tainted amount by ..... then took his voters card and went to the record section for searching the record. ..... the learned special judge has basically acted only on the evidence of the panch tambe (pw 2) in coming to the conclusion that the appellant did demand and obtain illegal gratification ..... referred to the authoritative pronouncements of the supreme court of india, wherein in view of the provisions of section 20 of the p.c. ..... act, it would be legitimate and possible to hold an accused guilty, in a given case, inspite of the fact that the complainant himself does not support the prosecution case, on the evidence of the panch witness ..... act, it was held that once the fact that gratification was accepted by a public servant, was proved, the court should draw the legal presumption that the same was accepted as a reward for .....
Tag this Judgment!Court : Mumbai
..... consequently, there was no scope for directing eviction on the ground of default in payment of rent; e] that in any case, the rents having been deposited before the trial court, the tenant was entitled to benefit of section 12(3) of the rent act and consequently, no decree of eviction on the grounds of default in payment of rent could ever have been made against the tenant; and f] that the suit premises had been let out for user as guest house ..... of building no.2, basant park to somanis, during the pendency of the present petition; d] that the tenant having applied for determination of standard rent within period of one month from the date of receipt of statutory notice under section 12(2) of the rent act, by legal fiction contained in explanation-i, the tenant ought to have been deemed to be ready and willing to pay the standard rent. ..... therefore, in terms of definition contained in section 5(11)(c)(i) of the rent act, viratna on the basis of his own deposition became the tenant in respect of suit premises. ..... similarly, the petitioners in the present case, cannot claim the benefit of the provisions contained in section 12(3) of the rent act because there is really no material to establish that the arrears of standard rent and permitted increases were indeed deposited in the court on the first day of hearing of the suit together with interest at the prescribed rate .....
Tag this Judgment!Court : Mumbai
..... an order from the court within a reasonable period of time, failing which the society may be compelled to accede to the request of the applicant party, in my view, keeping in mind the object of section 164 of the act, no notice is required to be given to the society under section 164 of the act, even if the steps which the society may take in the matter may be in pursuance of its business, since the advice given by the society to obtain appropriate orders from the ..... in the case of such principal/primary dispute against the society, touching the business of the society, notice under section 164 of the act is mandatory since it is settled law, and as also held by a learned single judge of this court (s.j. ..... parmanand bhimandas talreja (2007 (2) all mr 306), a learned single judge of this court has dealt with the issue of absence of notice under section 164 of the act and in paragraph 6 of his judgment held as under: it is not in dispute that the petitioner never raised the issue regarding the absence of notice under section 164, either in the written statement or even at the appellate stage. ..... 394)have in the context of statutory notice required to be served under section 80 of the cpc and section 527 of the bombay municipal corporation act (3 of 1888) held that giving such statutory notices is a condition precedent to the exercise of jurisdiction, but the same being a mere procedural requirement, does not go to the root of the jurisdiction in the true sense of the term .....
Tag this Judgment!Court : Mumbai
..... unless and until it is superseded by any [appointment notification,] order, scheme, rule, form or bye-law, [made or] issued under the provisions so re-enacted [and when any [central act] or regulation, which, by a notification under section 5 or 5a of the scheduled districts act, 1874, (14 of 1874) or any like law, has been extended to any local area, has, by a subsequent notification, been withdrawn from the re-extended to such area or ..... considering these decisions, the learned single judge noted that after that decision, a significant change took place, namely that the waqf tribunal, as envisaged under section 83(4) of the principal act, has come in place and the civil court's jurisdiction has been excluded since then and it was observed thus : in the instant case, ..... of the statute itself but at the same time a casus omissus should not be readily inferred and for that purpose all the parts of a statute or section must be construed together and every clause of a section should be construed with reference to the context and other clauses thereof so that the construction to be put on a particular provision makes a consistent enactment of the whole statute ..... definition contained in ..... 'under that provision' refer to the opening words in the definition in any provision of this act ? ..... act and before the constitution of tribunal, the civil court will definitely have jurisdiction, since the aggrieved party in the absence of forum, will be rendered remediless and this is not object of the .....
Tag this Judgment!Court : Mumbai
..... findings of oppression and mismanagement, jamal should have been restored as a 50% shareholder of the company, reinstated in the management and various equitable reliefs should have been granted under section 402 of the act with a view to do substantial justice; (iv) the company was in effect a quasi partnership between rajan and jamal and principles applicable to dissolution of partnership ought to have ..... till the disputes arose between the parties, jamal had tried to exercise such right of consultation; (v) anyway, such contractual rights could not be enforced in a petition under sections 397/398; and (vi) the board could not take any decision on the issue of related parties without proper material (the position being that jamal was not able to identify ..... the company, which was against the original understanding of 50% stake in the equity each of rajan and jamal; (c) jamal was unauthorisedly removed from the board of directors of the company as an act of oppression, by manipulation of the company s records and with a view to completely oust him from the affairs of the company; (d) rajan, being in control of the company, sold and ..... the clb also observed that the real estate market was fluctuating and there was no definiteness as to whether the land value had gone up or down during the pendency of the petition, and that, besides, fixing the date of ..... the conclusion that if at all one of the two had to be considered as the prime mover, it could only be rajan and definitely not jamal. .....
Tag this Judgment!Court : Mumbai Goa
..... justice or the judge designated would be entitled to seek the opinion of an institution in the matter of nominating an arbitrator qualified in terms of section 11(8) of the act if the need arises but the order appointing the arbitrator could only be that of the chief justice or the judge designate. ..... this court identified and segregated the preliminary issues that may arise for consideration in an application under section 11 of the act into three categories, that is - (i) issues which the chief justice or his designate is bound to decide; (ii) issues which he can also decide, that is, issues which he may choose to decide; and (iii) issues which should ..... submitted that the finding by the learned principal district judge that the issue of limitation can be decided in an application under section 16 of the act, is against the ratio in the decision of the hon'ble apex court in the case of sbp and company v/s ..... that the arbitrator could not have gone beyond the decision of the hon'ble the chief justice or his designate and rule on his own jurisdiction and the jurisdiction under section 16(1) can be exercised only in case the arbitral tribunal is directly constituted without the intervention of the learned chief justice or his designate. ..... it would also be necessary to set out the definitions of 'agreement', 'completion', 'completion date', 'effective date', 'regulatory agency' and 'statutory approval' as mentioned in the sha as ..... counsel has referred to the definitions of completion ? .....
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