Court : Mumbai Aurangabad
..... , such as high court judges and district judges of some experience. accordingly, when the powers of the high court under companies act, 1956 were sought to be transferred to tribunals by the companies (amendment) act, 2002 a constitution bench of this court has held in union of india v. r. gandhi, president madras bar association (supra ..... swarup v. union of india (supra), having found that judicial powers were to be exercised by the appellate tribunals under the prevention of money- laundering act, 2002 this court held that to protect the constitutional guarantee of independence of judiciary, persons who are qualified to be judges be appointed as members of the ..... separation of powers and independence of judiciary and held that the provisions of the prevention of money-laundering act, 2002 as enacted may not ensure an independent judiciary to decide the cases under the act and accordingly directed the union of india to incorporate the proposed provisions to ensure independence of judiciary. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... . by incorporation of this provision, workmens dues rank pari passu with secured creditors. in other words, the workmen of the company in winding up acquire the status of secured creditors. pertinently, while inserting section 529-a in the companies act by the companies (amendment) act, 1985, the proviso to sub-section (1) of section 529 was also inserted which provides that the security of every secured ..... full, unless the assets are insufficient to meet them, in which case they shall abate in equal proportions] the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 1. .... 2. .... 13. enforcement of security interest. (1) ........ (2) ........................ (9) in the case of financing of a financial asset by more than one secured creditors or joint financing of a .....
Tag this Judgment!Court : Mumbai Aurangabad
..... depends upon the decision of issues of fact, would result in a lop-sided trial of the suit." though there has been a slight amendment in the language of order 14 rule 2 cpc by the amending act, 1976 but the principle enunciated in the above quoted decision still holds good and there can be no departure from the principle that the code ..... as preliminary issue. the issue raised before the apex court was in relation to the bar of limitation in presenting company petition. the plea of limitation is a mixed question of law and fact and, therefore, the apex court held that the company petition could not be dismissed on preliminary issue holding it as barred by limitation. 8. in the instant case .....
Tag this Judgment!Court : Mumbai Aurangabad
..... laxmibai jadhav) viii) 2012 (4) bom.c.r. 772 (national insurance company ltd. vs. ashwini gaude) 11. the apex court has discussed the position of law after amendment effected to motor vehicles act in 1994. the apex court has laid down that due to the amendment, the owner of goods needs to be given cover under the statutory policy. ..... made by widow aged about 29 years and four minor issues of deceased. in the present proceeding, decision is challenged only on the finding of exonerating the insurance company from the liability. so it is not necessary to discuss other contentions and other evidence. 3. respondent no.1, owner of the vehicle filed written statement ..... counsel for the appellant placed reliance on some reported cases like:- i) air 2001 sc 3363 (ramesh kumar vs. national insurance company ltd.) ii) 2001 air scw 3295 (new india insurance co. ltd. vs. asha rani) (original) iii) 2002 air scw 5259 (new india insurance co. ltd. vs. asha rani) (reference). iv) air 2004 sc 1340 (national .....
Tag this Judgment!Court : Mumbai Aurangabad
..... land within a period of 90 days from the date of commencement of maharashtra agricultural lands (ceiling on holdings)(amendment) act, 2006. this has been amended further by maharashtra agricultural lands (ceiling on holdings)(amendment) act, 2011 i.e. maharashtra act no. i of 2012, with effect from 2nd february 2012. after above mentioned proviso i.e. third ..... various courts, landlords could not utilize it. therefore, government found it necessary to grant further extensions. statement of object and reasons of 2011 i.e. 2012 amendment act is also read out to buttress these contentions. 25. he further submits that legal heirs are very much covered within definition of "family" and section 28 ..... laborers of respondent no. 2. details furnished in this respect by respondent no.2 are again pointed out by him. analogy of winding up proceedings under company's act and judgment in the case of national textile workers' union etc. vs. p.r. ramakrishnan and others [air 1983 sc 75], is pressed into .....
Tag this Judgment!Court : Mumbai Aurangabad
..... and anr. ? (2003) 4 scc 399, inter-alia it is declared that the contrary provisions made thereafter being section 32b of the representation of the people (3rd amendment) act, 2002, as constitutionally invalid. further, in the case of resurgence india vs. election commission of india ? 2014 air(sc) 344, it was directed to the election commission of ..... detailed in the pleadings as well as explained by the certified copy of record of rights of village sutterepada, taluka and district dhule as a director of the company. ii) directorship of tvish infrastructure pvt. ltd. and tara spaces pvt. ltd. iii) liability of incurring loan from state bank of india outstanding against the ..... and the dependents as provided by the relevant provisions. however, as regards the lease, it was submitted that the miniport is obtained on lease by the company of which the respondent no.1 is merely a director and even the maharashtra maritime board would not be an appropriate government within the provisions of section .....
Tag this Judgment!Court : Mumbai Aurangabad
..... whether there is any provision in n.i. act, which prevents the magistrate from allowing the amendment or whether there is any provision which directly or indirectly shows that the accused cannot take benefit of such defence. section 141 of n.i. act reads as under:- "141. offences by companies.- (1) if the person committing an offence ..... under section 138 is a company, every person who, at the ..... all due diligence to prevent the commission of such offence. (2) notwithstanding anything contained in sub-section (1), where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part .....
Tag this Judgment!Court : Mumbai Aurangabad
..... under: 10(1) no court shall pass a decree in favour of a moneylender in any suit to which this act applies including such suit pending in the court before the commencement of the bombay money-lenders (amendment) act 1975, unless the court is satisfied that at the time when the loan or any part thereof, to which the ..... or a court under the provisions of the presidency-towns insolvency act, 1909, or the provincial insolvency act, 1920 or any other law in force corresponding to that act, or of a liquidator under the companies act, 1956, to realise the property of a moneylender. 9) section 29 of the said act, provides thus: 29. notwithstanding anything contained in any law for ..... specified in clause (i), with imprisonment which shall not be less than two years, where such person is not a company, and with fine which shall not be less than rupees five thousand, where such person is a company." "33(1) whoever molests, or abets the molestation of, a debtor for the recovery of a debt due by .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the divisional commissioner had rejected the objections filed by the petitioner. the petitioner filed a revision application under section 15-a of the land acquisition act (maharashtra amendment). in stead of deciding the revision petition by the state government, the commissioner wrongly and illegally dealt with the revision petition and dismissed the same ..... .3 - hpcl filed affidavit-in-reply dated 21st july 1997. the deponent contended that respondent no.3 is a government company under the provisions of section 617 of the companies act 1956 and public sector undertaking of the government of india and is under the administrative control of ministry of petroleum and natural ..... and was not entitled to request for acquisition of the land in absence of request made by the central government or the authorization given to the company. the counsel, therefore, submitted that the entire land acquisition proceedings are vitiated and therefore prayed for allowing the petition by setting aside the award .....
Tag this Judgment!Court : Mumbai Aurangabad
..... are countered by petitioner-husband. the petitioner-husband has not permitted respondent-wife to join his company. it is thus contended that petitioner-husband cannot be permitted to take benefit of his own wrong. l) the respondent-wife by way of amendment in the written statement further contended that petitioner-husband, during subsistence of their marriage, has ..... filed petition for dissolution of marriage by decree of divorce under section 13(1-a) (ii) of the said act. h) it is the case of petitioner-husband that respondent-wife has failed to join his company within one year or thereafter, after passing of decree for restitution of conjugal rights and thus petitioner-husband is entitled ..... specified in clause (i) of sub section (1) of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, and (bb) when a divorce is .....
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