Court : Mumbai
Reported in : AIR1966Bom70; (1965)67BOMLR234
..... not present any features in time of war not present in normal times.........'in 68 clr 504, the respondents were convicted of an offence under the national security act 1939 - 1943 in that they failed to the comply with a direction given under regulation 15 of the with a direction give under regulations 15 of the national ..... apart from its deleterious effect on legitimate trade, its also entails the outlays of an appreciable amount of the public funds of the patrol vessels along of the land border and watch and wards along the land out scale. it is therefore necessary, both legal and administrative should be adopted with a view to minimizing the scope of ..... however cold authorities into gold to exceeding in 14 carts. the primary gold manufactured of sold by the refiner after the date of the rules common to the force is required to be stamped by the a stamp approved by the administrators giving certain prescribed particulars including the date of manufacture its purity and identify of the maker .....
Tag this Judgment!Court : Mumbai
Reported in : (1965)67BOMLR896
..... debentures which it held, that is rs. 38,31,000, to be paid by 25 per cent, in cash and the balance of 75 per cent, in five yearly instalments secured by fresh debentures. on march 27, 1962, the bank filed proof of the present claim and desired that the same should be admitted by the official assignee, so that its ..... insolvent in the sum of rs. 58,56,000 on the basis of guarantee furnished by mm against a loan to model mills. the bank also accepted that it held security of debentures of the model mills of the face value of its. 22,25,000. before the applicant was adjudicated insolvent, on october 4, 1958, a petition for winding ..... proof. the long meetings and pointless examinations and cross-examinations were hardly necessary.18. the official assignee will act in accordance with our judgment.19. subject to the above, the notice will stand discharged with costs. costs to be tacked on to the security. we quantify the cost before us and mr. justice tarkunde at rs. 500.20. solicitors for the .....
Tag this Judgment!Court : Mumbai
Reported in : 1975CriLJ1891
..... amend the law relating to unlawful possession of railway property,49. section 2 (a) of the said act, defines 'force' as meaning the railway protection force constituted under section 3 of the railway protection force act, 1957. section 2 (d) defines 'railway property' including any goods, money or valuable security or animal, belonging to, or in the charge or possession of, a railway administration. sections 3 ..... , policing on railways rested. this led to the r. p. f bill for the better protection and security of railway property being passed into the railway protection force act. 1957 (no. 23 of 1957).45. the act defines 'railway property' as including any goods, money or valuable security, or animal, belong to, or in the charge or possession of a railway administration. section 3 of .....
Tag this Judgment!Court : Mumbai
Reported in : [1974]44CompCas471(Bom)
..... as from 31st october, 1972, not as the chide executive authority under the said leave and licence agreement, but as the custodian appointed under the said act which came into force on the 31st of october, 1972, as already stated above. as the official liquidator has continued in possession of the assets and properties of the ..... proportionate to the period for which the licence subsisted. it was further provided by the said scheme that the state bank of hyderabad, who claimed to be secured creditors, were to be paid by the government of maharashtra 1/3rd of the depreciation amount payable for the first year. the government of maharashtra did not, ..... run under the said leave and licence agreement, the president of india promulgated an ordinance, which was followed by an act entitled 'the sick textile undertakings (taking over of management) act. 1972, which came into force on 31st october, 1972, under which the management of the whole of the undertaking of the respondent- company was vested .....
Tag this Judgment!Court : Mumbai
Reported in : (1976)78BOMLR539; 1976MhLJ790
..... quantum of maintenance at rs. 45 per month, the learned civil judge failed to take into consideration the fact that her father had died after the coming into force of the hindu succession act; and she had, therefore, a share in the property of her deceased father. there is no merit in this contention, because in determining the quantum of ..... has not established by evidence, the value of the wife's property, or her income. the mere fact that her father died subsequently to the coming into force of the hindu succession act; and she was staying with her brother, does not mean that she has any separate property or income after she was deserted by her husband and when ..... law or any custom or usage as part of that law in force immediately before the commencement of this act shall cease to have effect with respect to any matter for which provision is made in this act;(b) any other law in force immediately before the commencement of this act shall cease to apply to hindus in so far as it is .....
Tag this Judgment!Court : Mumbai
Reported in : (1976)78BOMLR125
..... that was a case in which, a habeas corpus petition was filed challenging- the orders of detention passed under section 3(1)(c) of the maintenance of internal security act, 1971. the kerala high court held that once a common law right was enshrined in the constitution as a fundamental right, it became merged in the relevant article ..... , however, find the description of the said item as an attempt to threaten the economic stability of india to be so fanciful and far-fetched as to border on the farcical. mr. advani also submitted that the publication of this item would undermine the public confidence in the national credit and in government loans and that ..... proclamations of emergency are in force. by the defence of india ordinance, 1975 (ordinance no. 5 of 1975) promulgated by the president on june 30, 1975, the defence of india act, 1971, was amended. by the said ordinance the title of the said act was: changed to 'the defence and internal security of india act, 1971', and certain sections .....
Tag this Judgment!Court : Mumbai
Reported in : (1980)82BOMLR332; 1980MhLJ586
..... the third witness, rajaram bapuji ratnaparkhi, speaks about dagadu being a shareholder of government servant's co-operative bank at dhulia and dagadu borrowing a debt on the security of the suit house. according to the witness, that debt was satisfied in 1938. he has stated that the debt was advanced after making inquires into the ..... , of parwatibai, these decisions by themselves do not held the learned counsel.44. the last submission with regard to the value of the property, similarly, has no force. even the transaction with rajaram was for rs. 9,000/- and the evidence shows that the property was not in a very good condition. under such circumstances, ..... to them and to one another; and any word expressing relationship or denoting a relative shall be construed accordingly'.the provisions of section 8 of the hindu succession act along with the relative entry of the schedule read as follows :---'8 the property of a male hindu dying intestate shall devolve according to the provisions of this .....
Tag this Judgment!Court : Mumbai
Reported in : [1983]141ITR903(Bom); [1982]8TAXMAN118(Bom)
..... been claimed by the assessee as a bad debt. the assessee had contended that it was the usual custom in bombay for merchants to borrow from banks on the joint security of each other and that the loss incurred in respect of the amount borrowed by the other merchant was a loss incurred in the assessee's business. this claim was ..... behalf of the assessee, which was to the effect that he had guaranteed the loan out of commercial expediency. the loss was not allowed under s. 12 of the said act, as it did not relate to rent. the final contention of the assessee taken in the alternative, namely, that the income was diverted from him by an overriding title before ..... in the assessment year 1954-55 and that the main source of his income was income chargeable under the head 'other sources' under s. 12 of the indian i.t. act, 1922. the tribunal also found that there was no material before it that any financing business had been carried on by the assessee in the years under consideration. it rejected .....
Tag this Judgment!Court : Mumbai
Reported in : 1983(14)ELT2130(Bom)
..... or general pattern of reasonableness can be laid down as applicable to all cases'. the power of search and seizure is a power of the state for protection of social security, as held in m. p. sharma v. satish chandra, : 1978(2)elt287(sc) . searches and seizures pertain to the procedure related to the investigation and ..... approached this court with unclean hands and that they suppressed material facts having bearing on the exercise of its discretion by this court. therefore, i find no force in the respondents submission that petitioners are not entitled to any relief on account of their failure to disclose to this court the filing of the bombay writ ..... for, or relevant to, any proceedings under the act, and as such adequate safeguard exists in this respect. it was further contended that the assistant collector is not a sufficiently high officer to be trusted with the exercise of the aforesaid power. but this submission, too, has no force and requires no discussion on account of the view .....
Tag this Judgment!Court : Mumbai
Reported in : 1985(2)BomCR363; 1986MhLJ533
..... 11(1) of the central reserve police force act, 1949 for remissness and grave misconduct in the discharge of his duties as a member of the force. the allegation against him was that he beat one premising of d/82 border security force and another water carrier motilal of f/27 border security force when he tried to intervene and stop the ..... into consideration, in view of the gravity of the charge, appropriate punishment was imposed. the misconduct did come under the purview of the central reserve police force act. it was asserted that the commandant, 27th battalion, was competent to initiate the disciplinary proceedings and impose the punishment he did.6. the trial court framed ..... which occurred outside his official duties, that is, at a cinema show. that matter was subject to civil law and not subject to central reserve police force act, 1949.4. the plaintiff calls in question the said dismissal order on the ground that the principles of natural justice were violated in conducting the inquiry. .....
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