Court : Mumbai
Reported in : (1980)IILLJ81Bom
..... mr. joshi in this connection on a penal provision is also not appropriate because what has been provided by s. 100 of the act is a dimming fiction that even though the company is an occupier, its directors can be made personally responsible for the penal liability. reading provisions of this section, it is not ..... : the petitioners were directors of digvijay spinning and weaving company ltd., a company registered under the indian companies act, 1913 (hereinafter referred to as the 'company'). the petitioners ceased to be directors from july 9, 1969 onwards. the company owned a textile mill and as required by the act, the company was required to contribute an amount of rs. 3,95 ..... bengal and another, : air1970cal290 . the learned single judge of the calcutta high court while considering whether a director of the company convicted under s. 85(a) read with s. 73a of the act can be treated as a principal employer to sustain the conviction. only a stray observation is made in paragraph 7 of the .....
Tag this Judgment!Court : Mumbai
Reported in : 1984(1)BomCR598; 1984(2)ECC303; 1983(14)ELT2095(Bom); [1982]135ITR727(Bom); 1984MhLJ674
..... , who worked as personnel manager of the appellants, has admitted that though there is no provision in the central excises and salt act and the rules made thereunder for noting day-to-day breakages, the company was maintaining certain register in which such breakages were entered. the whole evidence of mr. shrotri is full of prevarication on this ..... also, rule 160 speaks about the satisfaction of the proper officer with respect to goods which are removed from warehouse without permission. whenever statute authorises an officer to act in his discretion, it can never be said that the discretion is an unfettered one, because an unfettered discretion and the rule of law go in together and ..... in the manufacture of vacuum flasks and refills at chinchvad, poona 19, and hold central excise l-4 licence. under section 3 of the central excises and salt act, 1944, duties of excise are levied on all excisable goods at the rates set forth in the first schedule. item 55 of the first schedule speaks of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2003Bom285; 2003(2)ALLMR956; 2003(3)MhLj279
..... this aspect in paragraph no. 14 of its judgment. it pointed out that the witnesses were examined by the present petitioners i.e. administrative manager and director of the company have stated that the petitioners were in possession of the premises in question since 4.1.174. the court has come to the conclusion that the said contention has been ..... judgment and order dated 23.7.98 confirmed the judgment and order passed by the single bench.7) the heirs of lakhamashi ghelabhai filed civil revision application no. 492 of 1980 in the high court which was dismissed and the order - decree passed by the small causes court in eviction petition was confirmed.4. keeping in view this chronology of ..... with costs. order-decree passed by the single bench of small causes court stands set aside by issuing the writ of certiorari in favour of the petitioners.23. parties to act on an ordinary copy of this order duly authenticated by the private secretary of this court.24. issuance of certified copy expedited. .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(4)BomCR695
..... ch. 567 and a passage from the said case is reproduced which is as follows:-'i find some definition, if it be a definition, of 'amalgamation' in buckley on the companies acts (13th edn. p. 586). it is a definition which so far as it is a definition, should like to adopt as my own; it is there stated as follows: ..... independent body has taken a particular decision, the question whether that decision suffers from infringement of a rule cannot concern the third party viz. the state.166. the member secretary who is the respondent no. 2 has filed an affidavit in which he has stated that although the subject of amalgamation of planning areas in question was to be ..... , : [1963]1scr98 .4. state of punjab v. satya pal, : [1969]1scr478 .5. ajit singh v. state of punjab : (1983)illj410sc .6. sharif-ud-din v. abdual gani loane : [1980]1scr1177 .it is however well settled on the basis of the above judgments and the learned advocate general also does not dispute that even in case of a directory provision .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(4)ALLMR510; 2001(1)BomCR261; [2001]247ITR609(Bom)
..... the sixth respondent applied for permission of the government of maharashtra to amalgamate with the ninth respondent. the government of maharashtra made an order on february 7, 1980, indicating its no objection to the transfer of the land, which was exempted by the government's order dated july 26, 1970, to the ninth ..... private limited) on the ground that the sixth respondent was proposed to be amalgamated into the ninth respon-. dent. by an order dated february 7, 1980, the state government conveyed its no objection to the transfer of the exempted taken land to enjay hotels private limited with which enjay estates private limited was ..... judgment of the supreme court in accountant and secretarial services pvt. ltd. v. union of india, : air1988sc1708 , was pressed into service to contend that a bank constituted under the banking companies (acquisition and transfer of undertakings) act, 1970, though materially controlled by the central government, has a distinct personality of its own and its .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(1)ALLMR194; 1998(1)BomCR179
..... city engineer, executive health officer and hydraulic engineer. section 76-a provides for appointment of education officer. section 77 provides for appointment of municipal secretary. section 78-a provides for appointment of municipal chief auditor. section 78-c provides for appointment of municipal chief accountant. these are some of ..... may be a moral or ethical expectation. failure to keep to such high standard of moral, ethical or decorous behaviour befitting an officer of the company by itself cannot constitute misconduct unless the specific conduct falls in any of the enumerated 'misconduct in rule 5. any attempt to telescope r. ..... municipal authorities. title of chapter iv. of the act is 'municipal officers and servants' and sub-title 'special engineer, city engineer, hydraulic engineer. executive health officer, education officer, municipal secretary, municipal chief auditor and other officers'. it also deals with the leave of absence, acting appointments, etc. and so also the power .....
Tag this Judgment!Court : Mumbai
Reported in : (2001)168CTR(Bom)24; [2002]256ITR401(Bom)
..... of the finance (no. 2} act, 1998, substituted section 66 of the finance act, 1994. while a few services covered by the 1997 act were excluded from the purview of the service tax, a few more services were included. services provided by architects, interior decorators, chartered accountants and company secretaries were covered by the levy of tax ..... board, : air1959sc582 ; kamta prasad aggarwal v. executive officer, ballabgarh, air 1974 sc 685 and r. r. engg. co. v. zila parishad, bareilly, : [1980]3scr1 . we shall discuss these judgments little later. 26. the learned attorney general contended that the legislative practice is also instructive. he pointed out that profession tax levied by ..... income.' 36. in r. r. engg. co. v. zila parishad, bareilly, : [1980]3scr1 , the validity of the circumstances and property tax levied under section 119 of the u. p. kshetra samitis and zila parishads act was challenged before the supreme court. it was held that the tax on circumstances and property is .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(3)BomCR151; 1986(10)ECC191; 1988(18)LC384(Bombay); 1986(25)ELT948(Bom)
..... 2. it would be appropriate to set out briefly the facts leading to filing of these two petitions. the petitioners - m/s shaw wallace & company limited are a company incorporated under the companies act, 1956 and carry on business as ship-owners' agents in respect of their vessels arriving at port of bombay. the petitioners were agents in respect ..... there upon requested the master of the vessel to comment on the difference is 16 metric tonnes being short. the vessel completed discharge between april 22, 1980 and april 28, 1980, and after the cargo was discharged the cargo tanks where the oil was stored were inspected and found dry and dry tank certificates were prepared and ..... officer of the vessel and the representative of the indian oil corporation.3. the customs authorities issued a show cause notice to the petitioners on june 5, 1980 stating therein that the outturn of the vessel discloses a short of 16.040 metric tonnes and called upon to explain why penalty should not be imposed under .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1982Bom341; 2(1982)DMC204
..... was performed by qazi in the evening and he does not remember the exact time. he also admitted that he is secretary of the konkani ambulance society and director of konkan mercantile bank and it appears that the plaintiff is also associated with the ..... parties are allowed to live though separately in the same house, the children will e in a position to enjoy the company of their parents when they come home. therefore in our opinion it will be just and fair if an injunction is ..... perikh, learned counsel appearing for the defendant has placed reliance upon certain observations in 'muslim law of india by dr. taher mohammad, 1980 edition, at pages 59 s. 2(6) page 13, and s. 19 page 188 of tyabji.s muslim law (1958 edition ..... marriages. the present bill is the out come of that assurance. 2. the bill is modelled on the special marriages act, 1954 and existing english and australian legislation on the subject of foreign marriages subject to certain important modifications rendered necessary by .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(3)ALLMR259; 1998(3)BomCR590
..... industrial disputes, bombay rules requires notice to be given in form xlll, in case where a majority of such workmen are members of the union notice given to the secretary by registered post shall be deemed to be notice on all such workmen. there are some other proceduralrequirements as can be seen from the rules. a copy of the ..... workmen affected by a notice of change and the majority of such workmen are members of any trade union the service of notice by registered post on the secretary, or where there is no secretary, on the principal officer of the trade union shall be deemed to be service on all such workmen. the employer shall, at the same time, ..... those who have voluntarily retired. it is pointed out that in the present case there is no affirmative action by the company and the act of resignation/retirement is purely a voluntary act on the part of the workmen over which the company has no control. it is further pointed out that item 10 would not be attracted as item no. 10 will .....
Tag this Judgment!