Court : Mumbai
Reported in : AIR1927Bom414; (1927)29BOMLR722
..... the total of the loans and advances etc, was larger, what the balance sheets show is the total of the net good debts fully secured, and that, to the extent that the debts were bad or doubtful, or to the extent that the security in respect of some of these debts was considered insufficient by the auditors, at the time of the auditing of the accounts due and adequate allowances were made by ..... they have disclosed only good assets and the figure of total debts nine crores forty-throe lacs odd constitute good assets, and does not include the so-called twenty lacs bad or doubtful debts, and if these lacs had been disclosed then the figure of nine mores forty-three lacs odd would have become nine crores sixty-three lacs, and in that case ..... if the bank had followed this method of accounting, the assets no doubt would be inflated to the extent of twenty lacs, but wrongly, so that the statement that there were no bad or doubtful debts as it stands, in view of the manner in which the total debts have been treated is undoubtedly correct.the contentions of the respondents are in my opinion fully established by the evidence before me and in particular by the evidence ..... that this item shows that the contention about a secret reserve fund is at any rate subject to this qualification that in india, if (as in this case) any part of such secret reserve is availed of to meet bad and doubtful book-debts, it must be revealed in the balance-sheet and not concealed in the manner adopted in this case. .....
Tag this Judgment!Court : Mumbai
Reported in : (1979)13CTR(Bom)219; [1981]130ITR813(Bom); [1979]2TAXMAN70(Bom)
..... tribunal while disposing of the appeals, referring to the decision of the tribunal for the assessment year 1965-66, had observed as follows : 'the reserve for bad and doubtful debts was also held by them to be in the nature of a reserve and not provision because the appropriations were made on an artificial ..... on the order of the tribunal, the assessee sough reference in respect of the reserve for terminal pay, reserve for bad and doubtful debts and reserve for staff gratuity and the department had sought reference in respect of the general reserve and ..... when the revenue came to this court for seeking a reference on the questions as to whether the reserve for bad and doubtful debts should have been held in the nature of a provision and not reserve, the application under ..... was there any known liability, because it was never ascertained as to which debt was likely to become a bad debt and the practice of the company was to debit bad and doubtful debts to the profit and loss account and not to the reserve in question. ..... 'a' to the statement of case shows that all debts outstanding for over a year have been treated as bad and doubtful debts and so far as debts outstanding for a period of less than a year were concerned, the amount of the reserve ..... the tribunal took the view that the amounts set apart for terminal pay, for bad and doubtful debts and for staff gratuity to meet gratuity payments falling due from time to time were retained for providing for a known liability of which the .....
Tag this Judgment!Court : Mumbai
Reported in : [1983]54CompCas469(Bom)
..... (1a) had not preceded the option to call for shares the option was bad, but that it is not open to the plaintiffs to so contend in the instant case by reason of ..... if the court comes to the finding that issue of the shares in suit is bad and restores the institutions to the position of being debenture holders, rectification of the debenture register will be a necessary consequence ..... the power of waiver has not been held by me to be bad by reason of some technical lapse which can be so cured. ..... that, though no contention is urged regarding which it is requisite to hear the debenture trustee, by reason of the frame of the suit, it must be held to be bad for non-joinder.100. ..... entry in the register which is bad or illegal affects these rights of the ..... defendant as and from june 5, 1979, of the names of the 1st, 2nd, 3rd, 4th, 5th, 6th, and 7th defendants in respect of the 43,750 shares, particulars whereof are given in exhibit s to the plaint, is bad and illegal. ..... , in the sense thatthe conversion of debentures and theallotment of shares pursuant to themala fide exercise of the power towaive is bad.issue no. ..... company's articles of association; the general body having passed no such resolution before the shares were allotted to the institutions, the allotment of the shares was bad.103. ..... of the exercise of the option to convert, the institutions had not exercised the option in the manner and form requisite and, consequently, the issue of the shares upon such conversion was bad. it is cl. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(2)ALLMR687; 2005(4)MhLj646
..... therefore, the trial court was right in dismissing the suit by recording the finding that the suit was bad for multifariousness and as such the plaintiff is not entitled to the possession of the suit house. ..... he therefore, submitted that once it is held that the suit is bad for misjoinder of causes of action, the suit under section 28 has to be dismissed ..... 2 is a trespasser, he should have confirmed the decree passed, by the trial court, as the trial court has recorded a finding that the suit is bad for multifariousness and dismissed the suit on that ground. ..... he submitted that the defendant has specifically alleged and averred in the written statement that the suit is bad for multifariousness and is bad for different causes of action. ..... he therefore, submitted that once the finding has been recorded by the learned trial judge as the suit is bad for different causes of action, the asstt. ..... the defendants contended that the suit is bad for multifariousness as the plaintiff has claimed possession from defendant no ..... it is contended by the learned counsel that on plain reading of the plaint, it is clear that the suit is bad for multifariousness of causes of action. ..... the defendant proves that the suit is bad for multifariousness yes.10. ..... committed an error, apparent on face of record to pass a decree in favour of the plaintiff in a suit which on face of it bad for multifariousness.11. ..... is concerned, the learned civil judge held that the defendants have proved that the suit is bad for multifarious. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR110
..... on the same footing as original suit and section 5 of the limitation act does not permit the court to grant extension of prescribed period of limitation in case of original matters.viewed thus, election petition de hors affidavit in form 25 is bad for non-compliance of proviso to sub-section (1) of section 83 and it is no election petition in the eye of law. ..... 9 as under is framed in the light of averments in the written statement :'is petition bad for non-compliance of section 83(1)(c) (defective verification)? ..... 6 is required to be answered thus:petition is bad for non-compliance of section 83(1)(b) and not section 83(1)(a). ..... 7 reads as follows :'is petition bad for non-compliance of section 81(3) of the act? ..... is petition bad for non-compliance of as in para 13.section 83(1)(c) (defective verification)?if yes, what effect ?2004 (7) supreme 7212005 (5) all.m.r. ..... is petition bad for non-compliance of yes. ..... is petition bad for non-compliance of sec- not proved.tion 81(3) of the act? ..... is petition bad for non-compliance ofsection 83(1)(a) & (b)? .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1947Bom276; (1947)49BOMLR92
..... . the letter of april 3, 1943, makes it quite clear on the face of it that the generating sets were in a hopelessly bad condition, that there are sufficient grounds for revoking the license under section 4(2) of the said act, and further that the licensee should within six months recondition the plant so as to ensure a continuous and ..... . the plaint sets out that, the said order of revocation is ultra vires and bad in law inasmuch as clause (b) of sub-section (2) of section 4 had no application to the facts of the case as the plaintiffs have not committed breach of any of the terms and conditions contained in the said license ..... . in my opinion the notice by the letter of april 3, 1943, is bad, because as the respondent must act in a judicial manner, it must inform the licensee of the breach on which his license could be revoked so as to impose new conditions under sub-section 4(2) ..... conditions of six machines, the first three being entirely unserviceable for reasons set out on the face of the document, the fourth being dismantled and new parts were being fitted, the fifth being in such a bad condition that not more than 60 k.w ..... . the set is in a very bad condition andrepairs are badly needed.it will be seen from the above that only one set. no ..... . load could be put on the generator, and the sixth being in a very bad condition and repairs were badly needed to it ..... . the engine is in such bad conditionthat not more than 60 k.w .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(3)BomCR352
..... (17) whether the suit is bad in absence of the does notpermission of the charity commissioner? ..... (16) whether the suit is bad for non-compliance oforder 31 of code of civil procedure, 1908? ..... (15) whether the suit is bad for non-joinder ofnecessary parties as alleged in paragraph 4 of thewritten statement? .....
Tag this Judgment!Court : Mumbai
Reported in : (1949)51BOMLR551
..... engine with 83 kva the set is in a very bad condition and repairs generator. ..... engine with 130 kva the engine is in such bad condition that not generator. ..... are badly needed.it will be seen from the above that only one set no. .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(3)BomCR711
..... the suit was bad for misjoinder of parties and causes. ..... is the suit bad for multifariousness? 'no'3. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006ACJ897; 2004(4)MhLj569
..... whether the impugned award is illegal, bad and withoutjurisdiction? .....
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