Court : Mumbai
Reported in : (1982)84BOMLR274; 1983(14)ELT2238(Bom)
..... , 1974 allowed the petitioners' appeal and set aside the order passed by the assistant collector. by a notice dated march 13, 1975 given by the joint secretary to the government of india ministry of finance, the central government called upon the petitioners to show cause why the said order of the appellate collector should not ..... by them contrary to law for any period which was beyond the period of limitation provided by the said rule 11. in associated bearing company limited v. union of india and another, 1980 e.l.t. 415, a division bench of this high court consisting of chandurkar and kotwal, jj., held that the jurisdiction of the ..... . he, however, further opined that though appeals and representations to higher authorities took time, the time spent in pursuing these remedies, though not excludable under the limitation act, might ordinarily be taken as a good explanation for approaching the supreme court under article 32 of the constitution. on the merits, sikri, j. however, took the .....
Tag this Judgment!Court : Mumbai
Reported in : [2004]121CompCas374(Bom); [2004]56SCL665(Bom)
..... the plaintiff to vote onpreference share would violate above conditions of49% equity cap. he pointed out that the generalbody appoints the managing director, the auditor,the company secretary. similarly the general bodyapproves or rejects the accounts. under article 58of the articles of association it can makeregulations, restricting the power of directors.he submitted ..... in mumbai on 25.7.2001and the board by a majority of 5:3 approved thesaid agreement and authorised two directors and thecompany secretary to carry out all necessary acts,deeds and things as may be necessary for implementation of the agreement. the dissent was bythe three nominee directors of foreign investors,the ..... isconferred on the court by the other provisions ofthe act. section 10 by itself does not conferjurisdiction on the high court or district court onall mattes relating to companies .this is the viewexpressed by m.p.menon j in r. prakasam vs. shrinarayana dharma paripalan yogam in 1980 (50) comp cas 61 ( ker) also .....
Tag this Judgment!Court : Mumbai
Reported in : 1994(3)BomCR225; [1994]81CompCas754(Bom)
..... has challenged the affidavit made by mr. thorat on the ground that such an affidavit should have been made by the chairman and mr. thorat although he was company secretary in fact had no business to remain present at the said meeting much less had any authority to make such an affidavit. i do not see any substance as ..... valuation is concerned, it is held in the decision of mrs. sujata manohar. j. (as she then was) in piramal spinning and weaving mills ltd., in re [1980] 50 comp cas 514 (bom) that unless the person who challenged the valuation satisfied the court that the valuation arrived at was grossly unfair, the court should not ..... comp cas 265, d. a. desai j. has succinctly summarised these principles. they are (headnote) : 'the court, before according its sanction under section 391(2) of the companies act, 1956, to a scheme of compromise and arrangement, must be satisfied that the provisions of the statute have been complied with, that the class or classes were fairly represented by .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)ALLMR496; 2004(1)BomCR120; [2005]124CompCas728(Bom); [2003]47SCL80(Bom)
..... and several shareholders spoke on the resolution and raised numerous queries which were replied. mr. v.n. deodhar, who is a shareholder of the company and a practising company secretary and mr. rajesh daga, a manager at price waterhouse coopers were appointed as scrutineers. the report of the scrutineers dated 22nd august, 2003 is ..... must be disregarded. besides, even otherwise, there is no substance in the contention of the appellant. the learned company judge permitted parties to act on a copy of the order duly authenticated by the company registrar/personal secretary as a true copy. the procedure for the issuance of authenticated copies of orders passed by the court has ..... supra) has been considered in a subsequent judgment of justice slade in moorgate holdings ltd., in re [1980] 1 w.l.r. 227. moorgate dealt with the case of a special resolution under section 141(2) of the companies act, 1948. henderson's case (supra) was distinguished on the ground that no statutory provisions were under .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)BomCR293
..... the notification said:'now, therefore, this notice is hereby given that any person desirous of raising objection and suggestions to the said variation should lodge in writing with the secretary to government urban development, department, mantralaya, bombay 32 and copy thereof to the commissioner, pune municipal corporation within one month from the date of publication of this notice ..... godrej and boyce : [1988]1scr590 , the state government had issued an order under section 48 of the land acquisition act withdrawing the lands of a company from acquisition. the supreme court held that under the scheme of the act the original owner of, or other person interested in the land is divested of his rights therein and the title of ..... laxmikant murudkar, the owner of the said fp-110 served a purchase notice on the p.m.c under section 49 of the m.r.t.p act. on january 5, 1980 the standing committee of the p.m.c passed resolution no. 1523 and approved the proposal for acquisition of fp-110. on may 9 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom181; (1983)85BOMLR56; ILR1983Bom1222
..... of take over and to represent why it should not be taken over it is true that petitioner no 1 had written letters62. letters to the prime minister and the secretary as stated above but from these letters it is not63. not possible to say that he was aware of the impending take over or evidence on the basis of which ..... a hearing to the petitioners if they so desire even a this stage . he even submitted that ir view of the letters which petitioners no.1 had written to the secretary of the industries energy and labour department of the government of maharashtra or 28-3-2980 (annexure r 1) and to the prime minister on 4-5 ..... provide relief to certain industrial undertakings and (c) liquidation or reconstruction of companies. there are some of thee provisions of the act with which we have to deal in this23. at the outset we may state that the order made under section 18-aa(1)(b) on 23-8-1980 is really the order under challenge as the order made on 28-8 .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(3)BomCR116; [1994]81CompCas104(Bom); 1993CriLJ2791; (1994)ILLJ146Bom
..... unwarranted delay. (b) that the trial courts should address themselves to the fact that the scope of the enquiry in a proceeding under section 630 of the companies act is extremely restricted in law and, consequently, the parties be confined within those narrow ambits without being permitted to dilate or protract the proceeding through extraneous avenues ..... v. shipping corporation of india ltd. [1988] 63 comp cas 1 (sc) in which case the supreme court had occasion to interpret section 630 of the companies act rather comprehensively. even though the main issue involved in that decision was as to whether the term 'officer' or 'employee' included past officers or employees, which ..... k. nair filed a criminal case against him under the provisions of section 630 of the companies act in the court of the metropolitan magistrate, 14th court at girgaum, bombay. the case was numbered as criminal case no. 141/s of 1980. process was issued on the complaint and the accused was served. in that proceeding, .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(4)BomCR1
..... age of 18 years. section 25 deals with prevention, detention and place of trial of offences under sections 4 and 6 of the tobacco act. section 26 relates to the offences by companies. section 27 provides for offences to be bailable. section 28 provides for composition of offences. section 29 provides for protection of action taken ..... anr. reported in : (1967)illj409sc .) 9. in ishwari khetan sugar mills (p) ltd. and ors. v. state of uttar pradesh and ors. reported in : [1980]3scr331 , it was held that when the validity of the legislation is challenged on the ground of want of legislative competence and it is necessary to ascertain which entry in ..... consumption of such article of food. section 87h relates to cognizance and trial of offences under the goa public health act. section 87i thereof pertains to forfeiture of property, section 87j relates to offences by companies, section 87k relates to protection of action taken in good faith, section 87l provides that the provisions under chapter .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)BomCR81
..... upon permission being granted by the arbitral tribunal to mseb. dsl has, in the meantime, been declared a sick industrial undertaking under the sick industrial companies (special provisions) act, 1985 and pleads that it is unable financially to secure any alternative bank guarantee at this stage. on an application moved by mseb, the arbitral ..... held that dsl has neither the money, nor the wherewithal to raise money for making payment since dsl is before the bifr under the sick industrial companies (special provisions) act, 1985. the learned arbitrator held that the financial stringency of dsl had been pleaded even at the earlier stages of the arbitral proceedings. the presiding ..... principle was reiterated by mr. justice v.r. krishna iyer, while delivering the judgment of the supreme court in jolly george varghese v. bank of cochin, : [1980]2scr913 . construing the power of arrest under section 51 read with order 21, rule 37 of the code of civil procedure, the supreme court held that there .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(3)BomCR17; [1994]80CompCas274(Bom); 1993(2)MhLj1085
..... 16. there was also no purpose in proceedings against the meka trading co. as is evident from the letter dated august 29, 1989, addressed by the under secretary to the bfdc, whereby the government advised the bfdc not to proceed against the meka trading co. as it was under liquidation. thus, the attempts of allana ..... sons for direct negotiations with the consignees were also frustrated. 17. before the adjudicating authority, further explanations were tendered and on december 31, 1980, the additional director held that the appellant-company and its directors had contravened the provisions of section 18(2) of the fera and imposed penalty of rs. 25,000 on allana sons ..... action. obviously, therefore, from the phraseology as obtaining in section 18(2) the main part would indicate not only volition but some deliberate action or a deliberate act of refraining from taking any steps which results in securing one of the two modes of payment, i.e., either not in accordance with the prescribed manner .....
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