Court : Mumbai
Reported in : 2000(1)ALLMR388; [2002]109CompCas659(Bom); [1998(79)FLR547]
..... investment of rs. 12,048.82 lakhs, current assets, loans and advances of rs. 66,467.23 lakhs. against these assets the petitioner-company had liabilities of secured loans of rs. 22,632.80 lakhs, unsecured loans of rs. 9,604.71 lakhs and current liabilities and provisions of rs. 31,522.79 lakhs and ..... justify proper compliance.53. according to shri grover there is a clear non-compliance with the mandatory provisions to secure requisite three-fourths support to the scheme of amalgamation as contemplated under section 391(2) of the companies act. shri grover also pointed out that as per rule 72 of the companies (court) rules, the chairman's ..... the petitioner-company did not disclose the inter se cross holdings of the transferor and transferee-company. learned counsel has also contended that the transferee-company is acting as a contractor for the transferor-company and that several of the creditors of the petitioner-company include companies in which the directors of the petitioner-company are .....
Tag this Judgment!Court : Mumbai
Reported in : (2008)110BOMLR2410
..... followed by her grand mother i.e. pw-1 sulochana. they went to nandanwan police chowky and stood in front of it. the way in which accused forced or took entry in house is also not proved by consistent and cogent evidence. all these facts create serious doubt about presence of all accused in the house ..... . in vinod gulabrao kinake v. state of maharashtra (supra), the division bench of this court has considered the provisions of juvenile justice (care and protection of children) act, 2000, and in the facts, though the conviction of juvenile was maintained, the sentence awarded by the trial court including imposition of fine was set aside. in present ..... all reports have been regularly received from said officer and accordingly said accused needs to be given benefit of provisions of juvenile justice (care & protection of children) act, 2000. both the learned counsel have further contended that the motive has not been proved at all in the matter and the neighbours who would have been important .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(4)BomCR385
..... been posing a serious threat to the economy & thereby to the security of the nation, the courts should not merely on account of delay in making of an order of detention assume that such delay, if not satisfactorily ..... obviously, in cases of mere delay in making of an order of detention under a law like the conservation of foreign exchange & prevention of smuggling activities act, 1974 enacted for the purpose of dealing effectively with persons engaged in smuggling and foreign exchange racketeering who, owing to their large resources and influence have ..... the additional secretary (administration) in the ministry at new delhi, made certain queries on 20th june, 1995 regarding the adjudication proceedings that were pending under the customs act. the query in this behalf was received by the collector of customs, sahar, mumbai, on 22nd june, 1995. it was forwarded to the concerned assistant .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(1)BomCR213
..... the fulfilment of all the conditions that it joins together, and herein it is the antithesis of or. sometimes, however, even in such a connection, it is, by force of a context, read as `or'.while dealing with the topic 'or' is read as and, and vice versa' stroud says in vol. 3 at p. 2009:' ..... need not be any struggle between two opposing parties giving rise to a `lis'. there need not be resolution of lis inter parties. the duty to act judicially or to act fairly may arise in widely different circumstances. it may arise expressly or impliedly depending upon the context and considerations. all these types of non-adjudicative administrative ..... and others, reported in : [1966]1scr466 , the question was whether under rule 55 of the mineral concession rules 1960, framed under the mines and mineral regulations (ii) act, 1957 while deciding the revision application, the revision/petitioner was entitled to, as of right, a personal hearing. negativing the contention subba rao, j., observed as under in .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(1)BomCR645
..... code of civil procedure are seen, then it would be quite clear that under the provisions of the said rule, all the parties who are interested in the mortgaged security or in the right of redemption shall be joined. as the plaintiff has not joined the others, the plaintiff's present suit is not tenable in law. at the ..... stipulation for reconveyance'. thus the term of reconveyance of the property is covered by the said documents itself. the provisions of section 58(c) of the transfer of property act, 1882 run as under :'58(c) where the mortgager ostensibly sells the mortgaged property---on condition that on default of payment of the mortgage-money on a certain date ..... illegal. it is true that by the said will manjulabai has also bequeathed her tenanted premises in favour of plaintiff waman. it is also true that the bombay rent act prohibits transfer of possession by a tenant without consent of landlord. but the will will take effect after the death of manjulabai. that the will is creating the .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(3)BomCR647
..... a short distance from pimpri police station and as such this p.w. 3 naresh was amenable and available to the police and admittedly independent panch has not been secured for the alleged voluntary statement and for effecting panchanama of the place pointed out by the accused. it may also be noted that nothing incriminating was found at ..... p. parkhe, who admittedly was staying in boarding school after the death of her father. as stated by p.w. 4 asha herself, the accused accompanied her to secure admission in the boarding school. both got married also and they jointly searched for the missing sunny and the accused was all the while with her. therefore, it would ..... article from this place. it, therefore, looses its importance and evidential value inasmuch as such a voluntary statement is admissible in evidence under section 27 of the evidence act provided any recovery is made in pursuance of such a voluntary statement by the accused. it may also be noted that p.w. 3 naresh hanumant kurwar, a .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)ALLMR164; 2008(6)BomCR789; (2008)110BOMLR2621; 2009(2)MhLj56
..... enshrined in article 311(1) of the constitution enjoyed by persons holding civil post under the state like the first respondents prior to the coming into force of the states reorganisation act, 1956 could not, after the appointed day i.e. november 1, 1956, be kept away, whittled down or impaired by any legislative enactment or ..... it was held that a change in service conditions brought about by the 1959 mysore rules was valid. laying down the efficiency and other qualifications for securing the best services like the prescribing of a qualifying test for being eligible for promotion would certainly not be violative of the guarantee of equal opportunity conferred ..... the vehicles are put to use for several purposes, legal or illegal, moral or immoral. whenever, said acts are detected, it is difficult day by day to trace out the persons involved in the same. that poses security risks as well. in such circumstances, the witnesses testify before the inquiry officer that the petitioner directed them .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(4)BomCR516
..... vasant from his backside. indeed, there is no material discrepancy or infirmity in the evidence of this witness, which could enable the learned advocate for the appellants to submit, with force, that the evidence of this witness was not worthy of self reliance. if the evidence of this witness also is believed like that of namdeo, it is clear that in ..... though he had stated in his deposition about the presence of appellant no. 1 and appellant no. 5 on the scene of offence, no overt-act on the part of appellant no. 1 is told by this witness, so as to indicate that he had shared with anyone an intention to make an assault, muchless a ..... , but this is only to point out that if such a sentence was uttered by appellant no. 1, there is room to suppose that the appellants were aggrieved by some act of family members of the deceased committed in the noon.10. what is most important to be noted from the evidence of this witness (p.w. 5) namdeo is that .....
Tag this Judgment!Court : Mumbai
Reported in : II(1992)DMC554
..... in isolation a priori definition of cruelty is thus not possible and that explains the general legislativepolicy-with sole exception of the dissolution of the muslim marriage act-toavoid such definition and leave it to the courts to interpret, analyse and definewhat would constitute cruelty in a given case depending upon many factorssuch as ..... his conjugalduties which-it was only natural for her to expect, he ought to. each ofthese 20 or more instances which constituted, according to the petitioner,acts of cruelty towards him, were denied as false, flimsy, contrived andimaginery.11. she submitted that the petition therefore deserved to be dismissed.12. after the petition ..... had persisted fromand since the date of the marriage, the petitioner was entitled to such a decree.cruelty, under section 13 of of the hindu marriage act, 1956 is the secondground with the petitioner has raised for claiming dissolution of marriageby a decree of divorce, on several facts and circumstances which we will .....
Tag this Judgment!Court : Mumbai
Reported in : [2009]149CompCas646(Bom); [2008]86SCL47(Bom)
..... satisfied that (i) there is no unfair orinequitable transaction and (ii) all the creditors entitled to object to the reduction have either consented or been paid or secured.the facts:16. in the present case, the court must first and foremost have regard to the-hvell-established position that a selective reduction of share capital ..... place from one or more amongst the body of shareholders. a classification of shareholders for the purposes of effecting the reduction of capital is, therefore, not an act which is extraneous to the provisions of section 101. the court must give effect to the plain meaning and intendment of the provisions of section 101. corporate ..... shareholders approving the proposed reduction, implementation of the conditions imposed by bse would be contrary to the terms of the resolution passed under section 100 of the companies act, 1956. in pursuance of a further request made by bse, the company has furnished an undertaking on 20-12-2006 stating, inter alia, that in the .....
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