Judgment Search Results Home > Cases Phrase: companies second amendment act 2002 section 121 amendment of section 626 Court: mumbai Page 4 of about 1,167 results (1.670 seconds)

Nandlal More Vs. R. Mirchandani and ors.

Court : Mumbai

Reported in : [1968]38CompCas39(Bom)

..... (1) of section 261(1) of the companies act. it is pertinent to bear in mind that the provisions of the companies act which are applicable to the facts in this appeal are those as were contained in the companies act as at 20th november, 1959, without the amendments made in that act subsequent thereto. the material part of sub-section ..... preliminary conditions mentioned in the opening part of that sub-section are fulfilled. the preliminary conditions are that the company must be a public company or a private company which is a subsidiary of a public company, secondly, that it has a managing agent and thirdly, that such managing agent is authorised by the articles or by ..... mr. nathwani contended that firstly, in this case b. m. co. ltd., body corporate, held an office or place of profit under the first defendant-company, and further secondly, that the second defendant was an 'officer' and 'employee' of b. m. co. ltd. 20. mr. nathwani supports the first part of his said contention three grounds .....

In Re: Ipco Paper Mills Ltd.

Court : Mumbai

Reported in : [1984]55CompCas281(Bom)

..... deposit in contravention of such direction. (4) where any deposit is accepted by a company after the commencement of the companies (amendment) act, 1974, in contravention of the rules made under sub-section (1), repayment of such deposit shall be made by the company within thirty days from the date of acceptance of such deposit or within such further ..... not implementing the court's order. hence, i refuse this part of the modified prayer (d).9. the second part of the modified prayer (d) is to allow the company to amend the old proposal as the company is likely to get assistance from irci and a letter within about 10 days agreeing to sanction a loan of ..... 27th july, 1981, seems to be after-thought because the company's letter dated 20th march, 1981, addressed to irci is a simple application for seeking financial assistance. secondly, there is no mention in the affidavit in support of the proposed scheme that the company was seeking financial assistance from irci. it appears that the letter .....

Modern Woollens Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1993)47ITD154(Mum.)

..... iv) the amount provided for depreciation, renewals or diminution in value of fixed assets.12. our attention was thereafter invited to schedule xiv of the companies act, inserted by the companies (amendment) act, 1988 with retrospective effect from 2-4-1987. it was narrated in the heading itself "see sections 205 and 350". it was submitted that ..... the depreciation has been calculated according to schedule xiv of the companies act, 1956, whereas in the second period, the assessee has calculated the depreciation according to the income-tax rules; whereas the assessing officer has calculated it as per schedule xiv of the companies act, 1956. the assessing officer observed that as far as the ..... to see, firstly, if the book profit was computed in accordance with the provisions of parts ii and iii of schedule vi to the companies act, 1956 and secondly, whether there was any adjustment permissible under the explanation.20. the dispute in computation of book profit has also narrowed down to the rates .....

Wallace Bros. and Co. Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Reported in : (1945)47BOMLR153

..... the total income of wallace brothers and co., ltd., 'to enable me to determine whether the company is resident or non-resident as per section 4a(c) of the income-tax amendment act, 1939.' by letter dated february 20, 1940, wallace and company took exception to this view and stated that they had no copy of the profit and loss account ..... clearly indicate that the matter is more one of administrative convenience than of jurisdiction and that in any event it is not one for adjudication by the court. the second proviso to clause (3) further enacts that the place of assessment shall not be called in question by an assessee if he has made a return in response ..... is nothing more than an application to the facts of the case of the answer to the second question; it does not require separate discussion. the third question in the reference has no substance and it was admitted before us that the amended provision was applicable to the assessment in question, because 1939-40 was the assessment year though .....

Bank of India Ltd. Vs. Ahmedabad Manufacturing and Calico Printing Co. ...

Court : Mumbai

Reported in : [1972]42CompCas211(Bom)

..... which i am concerned in the present case. those provisions are to be founds in chapter v of the companies act which has, as its chapter heading, 'compromises, arrangements and reconstructions', the section relating to arbitration contained therein having been repealed by the companies (amendment) act, 1960. the said chapter, therefore, classifies schemes into three broad categories, viz., schemes by way of compromises, schemes by ..... is sometimes called a 'take-over' and corresponds to section 209 of the english companies act, 1948. though weinberg in his take-over and amalgamations, pennington in his company 2nd edition, at page 4, seeks to draws a distinction between a take-over and an amalgamation, pennington in his company law, 2nd edition, at page 739, calls it an indirect way of carrying out an amalgamation .....

Shri Vishram Jaya Shetkar Alias Manohar Jaya Shetkar and Others Vs. Sh ...

Court : Mumbai Goa

..... have been barred under the doctrine of juster-ti? 4) whether the present second appeal filed on 30/7/2003 is maintainable in view of the amended provisions of the code of civil procedure by virtue of section 5 r/w section 16 of the code of civil procedure (amendment) act, 2002? 11. mr. d. j. pangam, learned advocate, argued on behalf of ..... of the trial court on the ground that the said documents came in cross-examination of dw. 3 and hence could not have been considered. he relied upon oriental insurance company ltd vs. premlata shukla and others [(2007) 13 scc 476], wherein the apex court has held that a party objecting to the admissibility of a document must raise its ..... -1(cross) and exhibit dw.3/d-2 (cross). 18. in the light of the above, the judgment of the hon'ble apex court in the case of oriental insurance company ltd., (supra) and that of the full bench of the travancore-cochin high court in the case of balakrishna kamathi, (supra) are not applicable to the present case. in .....

The Commissioner of Income-tax, United and Central Provinces Vs. Badri ...

Court : Mumbai

Reported in : (1937)39BOMLR765

..... case, leading up to the reference, were taken. they are the following :-22. (1)...(2) in the case of any person other than a company whose total income ..... the terms of a notice issued under section 22(4) of the act. it will be convenient before stating the facts of the case to set out the provisions of the act (as amended by the indian income-tax (amendment) act, 1930, and the indian income-tax (second amendment) act, 1930), which are relevant, and under which the various steps in the ..... of his judgment and, in the case of a registered firm, may cancel its registration :provided...27. where an assessee or, in the case of a company, the principal officer thereof, within one month from the service of a notice of demand issued as hereinafter provided, satisfies the income-tax officer that he was .....

Maharashtra General Kamgar Union Vs. the State of Maharashtra

Court : Mumbai

Reported in : 1987(2)BomCR276; (1986)IILLJ113Bom; 1986MhLJ202

..... to proceedings contemplated under ss. (7) of s. 25n(1)(c). sub-section (7) applies to a case where at the commencement of the industrial disputes (amendment) act, 1976 a dispute relating to retrenchment is interalia pending before a conciliation officer. in such a dispute there should be an allegation that retrenchment is by way of ..... to be done within the period of 3 months, such an enquiry by its very nature cannot be an elaborate enquiry into detailed working of the company in question and assessment of its economic viability and so on. such a quasi-judicial enquiry would probably take much longer than 3 months. the shortness ..... preliminary enquiry. presumably it should show that prima facie the employer has a reasonable cause for retrenching the workmen in question.6. appellants contend that the 2nd respondent should have examined in detail the various transactions entered into by the 3rd respondent to ascertain whether the 3rd respondent can financially support the existing workmen .....

The Commissioner of Income Tax Vs. M/S. Triumph International Finance ...

Court : Mumbai

..... if he proves that there was reasonable clause for the said failure. 16. chapter xxb containing sections 269ss to section 269tt were introduced by the income tax (second amendment) act 1981 with effect from 11th july 1981 with a view to counter the evasion of tax. the object of the provisions contained in chapter xxb of the ..... from the said foreign insurers. instead of remitting the entire amount to the foreign reinsurers and then receiving commission from the said foreign insurers, j b boda and company with the approval of the reserve bank of india retained the foreign currency to the extent of the commission and remitted the balance amount to the foreign reinsurers. as ..... loan or deposit means any loan or deposit of money which is repayable after notice or repayable after a period and, in the case of a person other than a company, includes loan or deposit of any nature. ********* penalty for failure to comply with the provisions of section 269t 271e. (1) if a person repays any loan or .....

Consolidated Pneumatic Tool Co. (i) Ltd. and Others Vs. Additional Reg ...

Court : Mumbai

Reported in : 1986(3)BomCR572; [1989]65CompCas259(Bom)

..... section (1) and sub-section (8) and section 207 become relevant. section 205a(1) reads as:'205a(1) where after the commencement of the companies (amendment) act 1974 a dividend has been declared by a company but has not been paid or the warrant in respect thereof has not been posted within forty-two days from the date of declaration to any ..... on the basis of analysis of these provisions and in the context of the facts of the instant caseit is inescapable to hold that the company has failed to discharge the obligation as prescribed under the second part of section 205a sub- section (1).once that is done then the provisions of sub-section (8) which create an offence ..... further that if that be so the once non-payment is excluded even specifically under section 207 under its proviso them it must be tagged and transplanted into the second provision of section 205a holding that if the payment was not permissible by operation of law then the further fact that the said amount was being treated as .....