Court : Mumbai
Reported in : [1975]45CompCas457(Bom)
..... after obtaining the sanction of the court, such a limitation ought to be specifically provided; otherwise, it will be within the power of the official liquidator to take all preliminary or ancillary steps before he institutes any proceeding either by way of a suit, prosecution or otherwise in any court, but such institution cannot be overlooked that there are several provisions in various statutes where even notice is required to be given in the prescribed form before ..... on the ground that it was not reliable, it is difficult to see how the various offers received by the company before it was would up and, thereafter, by the official liquidator either pursuant to public advertisement or otherwise, themselves were sufficient to indicate that the highest price offered represented the adequate price. ..... movable property of the company dose he effectively exercise that power at any stage before he enters into a binding agreement or a contract which may create mutual rights and obligations either in respect of sale of immovable or movable property there may be either an outright sale or there may be an agreement to sell which at a later step results in a completed transaction of sale. ..... rule 10 read with rules 6 and 139, even in respect of matters which are referred to in rule 139 it will be permissible to the official liquidator to approach the court for directions either in the manner prescribed by rule 139 or in any other manner if permitted by the judge taking company matters. 19. .....
Tag this Judgment!Court : Mumbai
Reported in : [1983]54CompCas432(Bom)
..... it is in the first instance important to note that there is no instrument other than the instrument of transfer prescribed either under the act or under the articles of association which is required to be lodged with the company when either the transferor or the transferee desires that the name of the transferee be brought on the register of members of the ..... we are already stated that the provisions of the said section are enabling and there is nothing either in the said section or any other provision of the act which prohibits the company from making the entries in respect of transfers or transmission or shares such as the ones which have ..... in fact it would necessitate cancelling all the subsequent transfers and requiring the surviving transferees either to make a fresh application for transfer jointly with the legal representative of the deceased transferee or requiring them to approach the transferor for executing a fresh instrument of transfer in their favour ..... that, however, does not mean that where no such express provision is made by the legislature, either the legislature intended to forebear the courts from exercising their otherwise inherent and necessary powers or that the ..... as well as of practice, therefore, it is not correct to say that after the instrument of transfer is executed between the transferor and the transferee, a separate application is required to be made either by the transferor or the transferee for registering the transferee as a member of the company. .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)ALLMR452; 2000(1)BomCR18; 1999(1)MhLj291
..... . even after these circulars, it appears that the private managements continued to appoint untrained school teachers in spite of the fact that such appointments were not either on compassionate grounds or in ashram schools against the reserved vacancies so as to clear the backlog of reservation, in schools located in hilly areas, tribal ..... municipal councils/corporations and private managements for the appointment of trained primary teachers against reserved seats, in schools which are in hilly areas, tribal areas and inaccessible areas either due to non-availability of trained teachers or even if trained teachers were available they were not willing to work in such remote areas ..... of the cases we are deciding today, the competent authority has not communicated its decision regarding either approval or rejection to the proposals sent by the private managements in respect of the appointments ..... concerned authorities on their understanding that the appointments were made due to exigencies/difficulties being faced by the school management and on the condition that such appointments will be either on year to year basis or subject to the teachers acquiring the requisite training qualification within a specified period. 12 ..... primary school teachers and said pay scales have been provided solely because some class of untrained teachers who were in service on the cut off date were either exempted from acquiring such training qualifications or given a specific period to acquire such training qualifications .....
Tag this Judgment!Court : Mumbai
Reported in : [1966]36CompCas712(Bom)
..... rule 36 relates to the procedure at the hearing of the petition, and it provides: 'at the hearing of the petition, the judge may either dispose of the petition finally, or give such directions as may be deemed necessary for the filing of counter affidavits and reply affidavits, if any, and for service of notice on any person who, in his opinion, has been ..... the provisions have application to substantive applications also, and that affidavits in absence of agreements between the parties either in suits or proceedings upon any applications are receivable in evidence only on an order to that effect having been made by the court or the tribunal ..... under sections 397 and 398, powers have been conferred on courts to grant relief either at the instance of members in minority holding, certain percentage of shares or at the instance of the union of india where the oppression of the minority was complained of, or where the complaint was that the affairs of the company were ..... 19 is an enabling provision, which enables a court to make an order that any particular fact or facts may be proved by an affidavit, or any affidavit already filed on the record may be read at the hearing as evidence.the order of the court, either explicit or implied, is a condition precedent to receive an affidavit in evidence at the trial of a suit. ..... (1)upon any application evidence may be given by an affidavit, but the court may, at the instance of either party, order the attendance for cross-examination of the deponent. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1938Bom394; (1938)40BOMLR571
..... author goes on to say that a gift of a share in land which the donor had in partnership with others would be bad as being too indefinite, because it could not be assumed that the donor as a partner was entitled either to the best or the worst half of the land-now the present will is, as i have said, in form a will of the second class described by dr. ..... in an extract quoted from tur hosken mishpat it is said that a deed of gift found in the safe of the deceased is worthless in case it was either the gift of a sick person the effect of which only began after his death, or the gift of a healthy person who wrote therein ' if i do not change my mind till after death,' meaning that he did not ..... my judgment no court can pronounce a judgment in rem binding outside the state in which the court exercises jurisdiction unless such judgment affects either a thing situate, or a person domiciled, within such state, see halsbury's laws of england, 2nd edition, vol. ..... partner under the english as well as under the indian law can point to any specific item of either moveable or immoveable property belonging to the partnership as his own and appropriate it to his own share ..... in his commentary dicey observes that a valid foreign judgment or judicial proceeding in rem which either directly or indirectly determines, the title to a moveable is conclusive against all the world ; and he adds that 'this applies to all proceedings in rem against moveable property within the jurisdiction of the court pronouncing .....
Tag this Judgment!Court : Mumbai
Reported in : [1970]77ITR456(Bom)
..... natu has relied on the observation of the supreme court in the said case mentioned above that, to a case to which the second proviso applies, there is no period of limitation either for initiating proceedings under section 34 or for completing the assessment commenced either under section 23 or under section 34(1), as showing that the said proviso would lift the bar of limitation in the present case, and that it is not true to say that the appellate authority could ..... reasons stated therein, the tribunal set aside both the assessments for proper reassessments after an investigation on the following points : (1) as there are no defects established in the system of accounting, the proviso to section 13 cannot be applied to either of the two years; only individual defects, if any, in each year require to be evaluated and added on a proper basis. ..... , as already stated above, no direct authority on the point has been cited before us in the course of the hearing of this petition, several authorities were cited by the learned advocates on either side which, it was contended, supported their respective cases, and i must now proceed to discuss them. 38. ..... commissioner of income-tax shows that the information section 34(1)(b) includes information as to facts as well as information as to the state of the law and finding or direction given by an appellate authority either on the question of fact or of law would be an information to the income-tax officer under the provisions of section 34(1)(b). .....
Tag this Judgment!Court : Mumbai
Reported in : (2008)110BOMLR215; 2008BusLR269(Bom); [2009]151CompCas548(Bom); [2008]82SCL460(Bom)
..... however, in the instant complaints, though the list of witnesses has been placed on record, the statements of such witnesses have not been recorded either in the course of investigation under section 11c of the sebi act or by the learned metropolitan magistrate before issuance of process by himself by postponing the issuance of process under section 202 as the complaint was filed ..... as per sub-section (2), no order in a revision application shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by a pleader in his defence and sub-section (3) does not empower the high court to convert a finding of acquittal into one of conviction which means a revision application cannot be treated as an appeal against an order ..... legislature is competent to pass a statute so as to have retrospective operation, either by clearly expressing such intention or by necessary and distinct intendment.in the case ..... not, under this section, vary or reverse any decree or order against which an appeal lies either to the high court or to any court subordinate thereto. ..... the case shall be disposed of in the manner provided by section 392(2) no order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence. ..... expressed in language which is fairly capable of either interpretation it ought to be construed as prospective only .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom278; (1927)29BOMLR498
..... description,(a) if, in the case of suits for land or other immoveable property such land or property shall be situated, or in all other cases if the cause of action shall have arisen, either wholly, or, in case the leave of the court shall have been first obtained, in part within the local limits of the ordinary original jurisdiction, or(b) if the defendant at the time ..... said profit, or payment of interest on the debt, the profit shall be considered as equivalent for the interest.third-in the absence of any special agreement, or recognized law or usage to the contrary, either party may at any time, by the institution of a civil suit, cause the property to be applied to the liquidation of the debt, the surplus, if any, being restored to the owner.3. ..... shall be empowered to receive, try, and determine suits of every description if'(a) in the case of suits for land or other immoveable property, such land or property shall be situated either wholly, or, in case the leave of the court shall have been first obtained, in part within the local limits of the ordinary original jurisdiction of the said high court, or ..... description-(a) if in the case of suits for land or other immoveable property such land or property shall be situated, or(b) in all other cases(i) if the cause of action shall have arisen,either wholly, or in case the leave of the court shall have been first obtained, in part, within the local limits of the ordinary original jurisdiction of the said high court, or(ii) if the .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR414; 2009(111)BomLR502
..... think fit to impose, direct, by an order in writing, that the right, title and interest of an owner in relation to a coal mine referred to in section 3, shall, instead of continuing to vest in the central government, vest in the government company either the date of publication of the direction or on such earlier or later date (not being a date earlier than the appointed day), as may be specified in the direction. ..... (a) discussion already undertaken above clearly shows that the immunity provided in article 285 of constitution of india sought to be invoked either directly by claiming that lands still vested in central government or then indirectly by stretching the so-called 'deeming words' is not available to ..... to impose, direct by order in writing, that the land or the rights in or over the land, as the case may be, shall instead of vesting in the central government under section 10 or continuing to so vest, vest in the government company either on the date of publication of the declaration or on such other date as may be specified in the direction. ..... (3) permits state government to impose such further conditions as may be found necessary in the interest of mineral development either with the previous approval of central government or at the instance of central government. ..... is here important to note that to demonstrate that petitioner wcl does not have right to alienate any lands none of the provisions either of coal bearing act or then of nationalization act have been pointed out. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom99
..... turning to some of the decisions relied upon by the several learned counsel in this regard firstly of the supreme court, we do not find any support for the propositions advanced that the legislature disabled either in its wisdom or in its policy to collocate such natural group of persons in 'a family unit' and that clubbing could not be done as to achieve the objects of agrarian reforms by providing ..... inhibition in that regard on the legislative power and we do not see why 'afamily unit' which comprises of the husband and wife or wives and their minor children either being sons or being unmarried daughters for the purposes of the law cannot be treated as a group of individuals and subjected to rights and obligations under the provisions of ..... speaking illustratively a law which is inconsistently made and operating upon the rights bestowed under articles 14, 19 and 31 and not fully satisfying the requirements of article 31-a of the constitution either because it did not comply with the specific provisos appended to that article or the law which is not appropriately made in keeping with the second proviso may be rendered void because ..... this court accepted the contention of the land-holder that an individual residing with the known relations who are dependent upon him either because of natural, or social or blood affinity would all constitute the 'family', and that such individual though he may be personally holding the property would be entitled to the benefit of section 6, as it .....
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