Court : Supreme Court of India
Reported in : AIR1997SC2523; [1997]226ITR625(SC); JT1997(5)SC529; 1997(4)SCALE271; (1997)5SCC482; [1997]Supp1SCR394
..... to use the properties in whatsoever manner the assessee liked and to receive and enjoy the entire usufructs thereof, with the only reservation that a formal deed of conveyance with registration in conformity with the indian registration act would follow at the request of the assessee and once that request was made, it was incumbent upon the transferor to execute such a deed of conveyance and to get ..... under the common law owner means a person who has not valid title legally conveyed to him after complying with the requirements of law such as transfer of property act, registration act etc ..... transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that the contract, though required to be registered, has not been registered, or where ..... have taken the view by correctly understanding the ratio laid down in jodha mal's case and the high courts of bombay, delhi and andhra pradesh have taken a different view wrongly distinguishing on facts in jodha mai's case.27 ..... the house property under section 9 even after the said property has been vested in the custodian of evacuee property by virtue of section 6(1) of the pakistan (administration of evacuee property) ordinance, 1949 .....
Tag this Judgment!Court : Delhi
Reported in : 140(2007)DLT698
..... they have also been provided consumables as well as medicines and if the said facilities had not been provided in terms of the order passed on 15.11.2002, the amount was to be recovered from such erring hospitals and nursing homes and a pool was to be set up for the health and care of the people of delhi belonging to the poorer and poorest sections of the society. ..... (b) it is a society registered under the societies registration act, 1860 (21 of 1860) or such institution is owned and run by the government or any local authority, or is constituted or established under any law [for the time being in force or it is a company, firm or trust for the purpose of establishment of ..... to be seen and examined along with the documents like letter of allotment of land; the statutory duty of the delhi development authority; the fact that it was a nazul land controlled by the provisions of the act and the rules, and particularly that the letter of allotment was the paramount document containing the terms and conditions and that the lease deed was merely a secondary document in furtherance to the stipulations ..... 2866/2002 praying that conditions of allotment of land to hospitals/nursing homes particularly in regard to free treatment to the poor and indigent persons are complied with and the respondent authorities be directed to take action against those hospitals in accordance with law and to take action on the ..... back as 1957, it has been held by this court in the case of state of bombay v. r.m.d. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC1563; (1990)92BOMLR304; JT1990(2)SC200; 1990(1)SCALE398; (1990)2SCC288; [1990]1SCR862
..... hostel, guest house, club, nursing home, hospital, sanatorium, dhar-mashala, home for widows, orphans or like premises, marriage or public hall or like premises, or in a place of amusement or entertainment or like institution, or in any premises belonging to or held by ..... a co-operative housing society registered or deemed to be registered under the maharashtra co-operative societies act, 1960; but does not include a paying guest, a member of a family residing together, a person in the service or employment of the licensor, or a person conducting a running business belonging to the licensor, [or a person having any accommodation for rendering or carrying on medical or paramedical services or activities in or near a nursing home, hospital or sanatorium,] or a person having any accommodation in a hotel, lodging house, ..... . the legislature was fully aware of the acute paucity of housing accommodation in the metropolitan cities of greater bombay and other urban areas in the state, and also the fact that lessors of ownership flats were adopting a device of inducting tenants under the garb of an agreement ..... on 2nd march, 1949 one laxmi devi kejriwal was admitted to the membership of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC2945; JT2006(8)SC547; (2007)2MLJ427(SC); RLW2007(1)SC359; 2006(8)SCALE399
..... also, one of the petitioners was a society registered under the societies' registration act, 1860. ..... confederation was registered under the societies' registration act, 1860. ..... (b) to treat ex-servicemen as out-patients and in-patients, additional staff would also be required as under: (i) officers 33(ii) nursing officers 74(iii)other ranks 312(iv) civilians 211 12.12 civil hospitals : ex-servicemen are living in villages, towns and cities throughout the ..... placed in the same category and if different standards are fixed for providing medical facilities to defence personnel in service on one hand and to retired defence personnel on the other, it cannot be said that the state has acted arbitrarily or practised discrimination between the two classes who are not similar and do not stand on the same footing. ..... 2 ac 629 lord fraser referring to schmidt stated; the expectations may be based on some statement or undertaking by, or on behalf of, the public authority which has the duty of making the decision, if the authority has, through its officers, acted in a way that would make it unfair or inconsistent with good administration for him to be denied such an inquiry. ..... would be appropriate to quote here an epitaph from the kohima war cemetery which conveys eloquently what our soldiers, sailors and airmen are cheerfully willing to sacrifice their lives; when you go home, tell them for us; for your to-morrow, we gave our to-day. 26. ..... bombay municipal corporation : air1986sc180 ; state of h.p. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker268; [1961]31CompCas154(Ker)
..... and death of legal persons, and i think it can be regarded as well settled that a company is capable or having a place of birth, a residence, an ordinal residence if you will, and a domicile, that its place of birth is the place of its registration, that that is also its domicile, and that its residence or ordinary residence (we need not go into the vexed question whether plural residence is possible) is 'where the central management and control actually abides'.37. ..... giving advice, issuing directions, conveying admonitions and holding out threats (such as prohibition of fresh deposits, exclusion from the schedule and refusal of a licence under the relevant provisions of the reserve bank act and the banking companies act) with a view to reformation, but, not so much as a result of fresh transgressions (although, it is 'said, that there were some) as of the consequences of the old (mainly the accumulation of interest on bad advances) the position was ..... by this application brought under section 38(3)(b)(iii) of the banking companies act, 1949, the reserve bank of india seeks the winding up of a hanking company called the palai central bank ltd. ..... sivaraman accordingly went to bombay on the 3rd august and met the officers of the reserve bank, and paragraph 24 of the second reply affidavit filed on behalf of the reserve bank shows that it was after a full discussion of the position by the ..... to use a homely phrase it would be to lock the stable door after the steed has been stolen.30. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1983Delhi546; [1985]57CompCas546(Delhi); ILR1983Delhi919
..... out of time in spite of admitted acknowledgment when the bank was ordered to be wound up, and that if it was a secured debt, it was within time, having regard to the acknowledgment and the provisions of the banking regulation act.was there a valid and subsisting pledge in favor of the bank and, if so, to what property of the company did it relate, are the two questions that must be answered first. 8. ..... 45d of the banking regulation act, 1949, by a bank, in liquidation, against a joint stock company, also in liquidation, and another joint stock company which claims to be its creditor, are based on disputes between the bank, on the one hand, and the company ..... it is, thereforee, not possible to hold that on account of non-registration of the document, there was no valid or subsisting pledge of the assets of the company in favor of the ..... true, there is a reference in the agreement with regard to registration but that would not by itself be determinative of the true ..... of the banking regulation act, 1949, claiming a sum of ..... for decision is whether the acknowledgment by the company of its liability, by payment in october, 1949, enured not only for a claim of payment but also for the enforcement of security. ..... , the company bound itself not to pledge or otherwise charge or encumber any of the assets nor to permit any act whereby the security may, in any way, be prejudicially affected. ..... suggestion was made on behalf of the company, on the basis of a decision of the bombay high court (percy f. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)ALLMR77; 2003(6)BomCR594; 2004(1)MhLj71
..... that action was taken in purported exercise of powers under the bombay prohibition act, 1949 as amended in 2000, by which the definition of molasses has been amended so as to include jaggery / gur, vesting unfettered powers in the respondents, which would hinder lawful ..... bombay prohibition act, 1949 (hereinafter referred to as 'the act') came to be amended by the bombay prohibition (amendment) act, 2000 (act ..... learned agp on behalf of the state and other respondents submits that coercive action which is now taken is for violation of the provisions of bombay prohibition act and not for not possessing the licence as required by the amended provisions which are subject matter or challenge in writ petition. ..... black jaggery seized from the godowns of the petitioners, offences have been registered and particulars have been mentioned as to the quantity of jaggery seized, places of registration of offences and the courts where complaints were filed. ..... government pleader on behalf of the authorities that coercive actions were being taken for violation of the provisions of the act and not for not possessing the licences as required by the amended provisions, which were made subject-matter of ..... it was also stated by the commissioner of state excise that he has been empowered to discharge the responsibility under the act and has taken the action 'in order to check the activities of illicit distillation, when affects public health and also causes enormous losses in revenue to the state exchequer .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)BomCR719
..... although couple of mortgage deeds were registered and belatedly, once registered, the date of execution of security interest relates back to the date of execution of the document, by virtue of section 47 of the registration act, 1908 and, therefore, the belated registration does not come in the way of msc bank claiming to be 'secured creditor' of sick sugar factory.point no. ..... 3.in view of provision of section 47 of the registration act, 1908, it is well settled that a document on subsequent registration will take effect from the time when it was executed and not from the time of its registration.even in the matter of 'thakur kishan singh v. ..... the securatization act came into force on 21.6.2002 and by notification dated 28.1.2003, issued under section 2(1)(c)(v) of the said act, the central government specified 'cooperative banks' as defined in clause (cci) of section 5 of the banking regulation act, 1949 (10 of 1949) as 'bank'. ..... in the matter of greater bombay cooperative bank ltd. v. ..... the doctrine of promissory estoppel was also applied against the government in a case subsequently decided by the bombay high court in municipal corporation of bombay v. ..... the msc bank has indicated its objection to the sale of the property, by filing writ petition in aurangabad bench of bombay high court. ..... it was agreed that msc bank, liquidator, union of workers and ratnaprabha sugars should jointly file consent terms in the high court of bombay, bench at aurangabad. .....
Tag this Judgment!Court : Karnataka
Reported in : 2008(6)AIRKarR111(DB)
..... further submitted on behalf of the respondent that the petitioner had not produced any material to show that it had made an application to obtain a license under section 22 of the banking regulation act, 1949 from the rbi to establish and run the banking business in india and that the stand of the petitioner that it was merely a successor to the bank of tokyo and entitled, to use ..... approvals and sanctions granted by the rbi and roc in the year 1996 and in the year 2004 under the reserve bank: of india act, 1934, banking regulations act, 1949 and companies act, 1956, the approvals and sanctions were granted on the footing that the merger of the bank of tokyo with the bank of mitsubishi ..... . the merger or consolidation among the financial institutions shall become in effect upon the registration of change resulting from merger in the commercial register of the surviving financial institution or the registration of incorporation of the new financial institution resulting from the consolidation in the commercial registrar at the seat of the principal office registered or otherwise the principal place ..... , commenced its banking operations at bombay after obtaining license from the reserve bank of india ('rbi', for short) as per exhibits-b ..... . if the place of business in bombay, it shall also deposit with the rbi an amount calculated at 20% at its profits in accordance with profit ..... , to open a branch at bombay subject to the conditions mentioned in the letter dated 8th may 1953 addressed by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC1216; 2003(4)ALLMR(SC)316; JT2003(3)SC86; 2003(3)SCALE124; (2003)5SCC669; [2003]2SCR852; 2003(2)LC1427(SC)
..... the common questions that arise in these appeals are as to whether the state of maharashtra is empowered to charge from the liquor licences, under the bombay prohibition act, 1949 (hereinafter referred to as 'the prohibition act'), at whose premises government staff is posted for supervision as per the provision of section 58a, are governed by the maharashtra civil services (revised pay) rules, 1988 and other rules, resolutions made by the ..... the rules of 1973, which is granted to manufacturer of country liquor:the licensee shall abide by the conditions of this licence and the provisions of the bombay prohibition act, 1949 the rules, regulations and orders made thereunder and shall given an undertaking to that effect in form cl.xx.undertaking in form cl.xx prescribed under condition no. ..... abide by the terms and conditions of the licence which may be granted/renewed, and the provisions of the bombay prohibition act, 1949 and the rules, regulations and orders made thereunder.sub-rule (36) of the rule 6 of the rules of 1973:6(36) a manufactory licensee shall abide by all rules, regulations and orders made from time to time under the act.in the application from c.l.a prescribed under rules 3(1) and 4(2) of the rules of 1973, for grant/renewal ..... that may be granted/renewed in my/our favour and the provisions of the bombay prohibition act, 1949 and the maharashtra country liquor rules, 1973 and other relevant rules, regulations and orders made thereunder from time to time.signature of the .....
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