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Judgment Search Results Home > Cases Phrase: braithwaite and company india limited acquisition and transfer of undertakings act 1976 chapter i preliminary Court: mumbai Page 4 of about 50 results (0.207 seconds)

Jun 11 2007 (HC)

Hindoostan Spg. and Wvg. Mills Ltd. Vs. Hindustan Crown Mills Siddhivi ...

Court : Mumbai

Reported in : 2007(4)ALLMR376; 2007(4)BomCR568; (2008)ILLJ243Bom; 2007(5)MhLj801

..... judge things by what was done and not what could have been done. the division bench of the gujarat high court in the case of associated cement company v. union of india : (1989)illj599guj has observed as under:merely because the employer has not managed his undertaking properly, it cannot be made out a ground for refusing ..... attempts made proved futile. he deposed that the detailed facts given in the applications were true and correct. that the b.i.f.r. has declared the company as sick company on 4.12.2002.81. mr tidke deposed in support of detailed reasons given in two applications dated 10.4.2003, and stated on oath that it ..... time thereafter, say, six months. the proceedings are not to be allowed to be used as dilatory tactics to prevent rehabilitation of the sick company or potentially sick company, in particular by rival companies. the board and appellant authority and the high court should give effect to the provisions, comply with the procedural format, should finalise the proceedings .....

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Oct 21 2011 (HC)

Hindustan Unilever Limited Vs. Member, Industrial Court and ors.

Court : Mumbai

..... same and restoring the position prevailing prior to 5-1-2001. 2. the facts leading to this case are as under : brooke bond (india) private ltd. was a company registered under the companies act, 1956 and it started the business of purchase of tea at the indian auctions, processing, blending and packing the same in suitable ..... accounts department located in each factory. 3. for the purpose of controlling and furthering its activity of sale of the products, the company had established about 60 to 70 depots all over india controlled by 42 branch offices headed by a group manager. the branch offices were located in cities or towns. in all such depots ..... unions acting for and on behalf of all the unions, including the complainant-union and the management of the petitioner-company from time to time indicating the character of the establishment of the company on all-india basis. he, therefore, submits that the management itself has stated that all the establishments, undertakings and units of the .....

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Feb 17 2016 (HC)

Airports Authority of India Chhatrapati Shivaji International Airport, ...

Court : Mumbai

..... court. 85. the parameters listed in section 10 of clra act were initially laid down by the apex court in the case of the standardvacuum refining company of india ltd. vs their workers and another (air 1960 sc 948 (v 47 c 168). in that case, also after laying down the principles the apex ..... to any specified controlled industry; or the establishment of any railway, cantonment board, major port, mine or oilfield or the establishment of banking or insurance company? if the answer is in the affirmative, the central government will be the appropriate government; otherwise in relation to any other establishment the government of the ..... pending, an important development took place. major part of the functioning of the petitioner at the chhatrapati shivaji international airport, mumbai, was privatised. a joint venture company, mumbai international airport private limited, (mial) was registered and incorporated in march 2006. this joint venture included a consortium led by gvk group and the petitioner .....

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Sep 10 2015 (HC)

Securities and Exchange Board of India

Court : Mumbai

..... made the following submissions: 14.1 sebi does not have locus to intervene in a scheme petition under sections 391-394 of the companies act, 1956. the judgment in the case of sahara india real estate corporation ltd. and others vs. sebi (2013) 1 scc 1) does not confer any such locus upon sebi. ..... contrary, the binding judgments of this court in securities and exchange board of india vs. sterlite industries (india) limited ([2003 (113) com cas 273))(db) ("sterlite"), avm capital services private limited (unreported decision of this court dated 12th july, 2012 in company scheme petition no. 670 of 2011)and jindal iron and steel co. ltd ..... studied data on the business opportunity prepared by nmmi, market intelligence department of government of india as well as analyst reports capturing micro irrigation business. 5. cross checked data given by external agencies with the projections provided by the company to test for reasonability. based on the above, the contention that information provided by .....

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Oct 26 1990 (HC)

Mansinh L. Bhakta Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : 1991(2)BomCR1; [1991(63)FLR740]; (1995)IIILLJ867Bom

..... registration of transfer of any share, shall not be deemed to be included within substantial powers of management:provided further that a managing director of a company shall exercise his powers subject to the superintendence, control and direction of its board of directors.12. after going through the aforesaid definitions, more particularly ..... at all. the directors act collectively and they function collectively as a board of directors. individual director cannot have control over the factory belonging to the company according to the said decision, where a director is specifically notified to the authorities as an occupier for the purpose of the factoriesact, such a director ..... punished under the chapter for any offence for which the occupier of the factory is punishable:provided that the company may give notice to the inspector that it has nominated a director, who is resident (case within india) to be the occupier of thefactory for the purposes of this chapter, and (such director) shall .....

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Apr 17 2014 (HC)

Rashid Salvador Sousa Vs. the State of Goa, Through Chief Secretary an ...

Court : Mumbai Goa

..... respondent no.3 for transfer of agricultural lands of which respondent no.3 became a deemed purchaser under section 18a, to respondent no.5 which is an industrial company, the impugned orders are also illegal and void ab-initio; 25. without prejudice to the preliminary objections, the learned counsel for the respondents and particularly the ..... , under secretary general administration department. panjim, 25th january 1965.? hence, posts of mamlatdars in goa were created by order dated 21 december 1964 by government of india and the posts of mamlatdars in marmagoa and other areas were filled up with effect from 27 january 1965 as will be clear from the above order dated 25 ..... of conferring ownership rights on the tenants as a measure of agrarian reform should not be subjected to any challenge under part iii of the constitution of india. by virtue of chapter ii persons lawfully cultivating land even if they were not lease holders within the meaning as understood in the transfer of property act .....

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Feb 05 2016 (HC)

The Commissioner of Income Tax and Another Vs. V.S. Dempo and Co. Pvt. ...

Court : Mumbai

..... bracket portion, unspecified royalty, fees for technical services or other sum chargeable under the income tax act, which is payable outside india or in india to a non-resident, not being a company or to a foreign company on which tax is deductible at source under chapter xvii-b and such tax has not been deducted or, after deduction, has ..... of any assessee if any interest, royalty, fees or technical service or other sum chargeable under the income tax act payable outside india or payable in india to a non-resident not being a company or a foreign company on which tax is deductible at source under chapter xvii-b, is covered. 25. such tax has not been deducted or ..... refers to any interest, royalty, fees for technical services or other sum chargeable under the income-tax act which is payable outside india or in india to a non-resident, not being a company, or to a foreign company on which tax is deductible at source under chapter xvii-b and such tax has not been deducted or after deduction has .....

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Apr 24 2002 (TRI)

Raymond Limited Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2003)86ITD791(Mum.)

..... not fall within the definition of "fees for technical services" under article 13.4(c) of the agreement. hence, they were not taxable in india. consequently, the assessee-company was not liable to deduct tax from them. it cannot, therefore, be treated as an "assessee in default" under section 201. consequently, ..... or "consultancy" services. the management commission and selling concession/commission are, therefore, income of the lead managers/managers deemed to accrue or arise in india and accordingly, the assessee-company was liable to deduct tax under section 195(1). however, the underwriting services are not "technical" services. therefore, the underwriting commission does not ..... 1994, stands established even by the other documents filed before us and before the it authorities.56. the other charge that the assessee-company did not inform the concerned authorities (rbi, it department, etc.) about the appointment of dsp as co-lead managers to the issue is not justified because all the papers .....

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Nov 14 2007 (TRI)

First Global Stockbroking (P) Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2008)115TTJ(Mum.)173

..... grown many folds in the last two years i.e., asst. yrs. 1998-99 and 1999-2000. the group has taken over a number of existing companies, in india and outside india. shri shankar sharma has a ticket on london and new york stock exchanges. it has been alleged that mr. shankar sharma, director of fgsbpl, has played ..... auditor appointed under section 142(2a) nor before the ao during the course of block assessment proceedings. therefore, it is clear that the assessee company has passed on their profit to m/s sahara india financial corporation ltd. to the tune of rs. 1,48,20,356. therefore rs. 1,48,20,356 is treated as undisclosed income ..... main persons operating the business affairs of the assessee.the assessee is a flagship company in the group and the main business of the company is undertaking shares and stockbroking and arbitrage operations. the assessee company is member of both the premier stock exchanges of india. the facts emerging out from the assessment order are as under: the business .....

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Aug 14 2003 (TRI)

The Icici Ltd. Vs. Dy. Cit, Special Range 36

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... . for example, the agenda note prepared for the board meeting on 6.1.1995 refers to the fact that the board "received proposals from various lease financing companies to make available fund under sale and lease arrangements against already existing assets, attracting 100% depreciation benefit under income-tax act, 1961". (underlining ours).the agenda ..... the beginning of the next financial year after the year of commission of a particular project. the rate of depreciation is adopted as per the government of india notifications issued from time to time. the straight line method is followed for calculation of depreciation as per the said act. in our books the depreciation ..... to observe that they have coined three expressions- "colorable devices, dubious methods and subterfuges".22. the legal position under article 141 of the constitution of india may be that it is the ratio laid down by the supreme court that is binding on all the courts below and not the obiter or casual observations .....

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