Court : Mumbai
Decided on : Aug-01-1989
Reported in : (1989)79CTR(Bom)200; [1992]194ITR422(Bom)
..... for the assessment year 1964-65. in the judgment, this court noted that the crucial question which had to be determined was whether the provisions of section 19 of the act were attracted or whether the assessee was liable to be assessed to wealth-tax as the sole heir in whom the assets of his deceased father had ..... and an assessment order was made. a revision petition there against was rejected and writ petition was filed. the question was whether, under the charging section and other provisions of the act, it was permissible for the revenue to issue the demand notice against the executors to file a return in respect of the wealth-tax to be ..... be made against the heir as an administrator or a person administering the estate. the question had to be determined under the provision of the act. the principal provision that required examination was section 19. analysing it, the court held that it contemplated a case where a liability had accrued to the deceased person by virtue of the fact .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-20-1989
Reported in : 1991(2)BomCR690; 1991(1)MhLj463
..... to accept the offer and execute the sale-deed for which a period of three month's from the date of the offer is given in sub-section (2) of section 43 of the tenancy act. if the landlord refuses or fails to accept the offer, the tenant can move the tribunal for fixation of the purchase price which has to be ..... manner; to narrate; to recite; to aver, allege, or declare; to settle'.6. the question, however, to be considered is in the context of the scheme of section 43 of the tenancy act, what meaning should be attributed to the said expression. it is well-settled, according - to the canons of construction, that any word or - expression used in the statute ..... the petitioner tenant has preferred the instant writ petition in this court.3. the only question which arises for consideration in the instant writ petition is whether section 43 of the tenancy act requires an offer of purchase to be made in writing by the tenant to the landlord. in order to consider the said question, a brief reference to .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-13-1989
Reported in : 1990(2)BomCR162
..... an application bearing no. 2 of 1985 is filed by the respondent workman seeking computation of the benefits arising from the employment under section 33-c(2) of the industrial disputes act and that application is still pending. the petitioner vide their reply dated 28th may 1985 to the notice served by the respondent expressed their ..... i) the services of the respondent were terminated because he dated to claim the benefits of a regular employee by moving an application under section 33-c(2) of the industrial disputes act, 1947 and such an action on the part of the petitioner was not only an unfair labour practice, but it also amounted to victimisation ..... termination was for the reasons other than excepted or excluded categories which are enumerated in the definition section 2(oo) of the industrial disputes act, 1947.(iii) since the pre-requisite of valid retrenchment as laid down in section 25-f has not been complied with, the retrenchment of the respondent bringing about the termination of .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-13-1989
Reported in : 1990(2)BomCR38; (1990)92BOMLR160
..... have to be gone into by the trial court. all that i mean to state here is that the invoking of sub-clause (ii) of clause (e) of section 2 of the slums act was quite an error. what is contemplated by said clause (ii) is the status of the person in possession which was an admitted or proven status. it is ..... for final hearing mr. shah, the learned advocate appearing for the petitioners, stated that there existed some binding judgment which had thrown light upon the interpretation of section 2(e)(v) of the said act. several adjournments have been taken for production of the said judgment. but no such judgment has been produced till this date. the result is that this court ..... the tribunal has been set out by the learned judge in his judgment. the order runs as follows :-order'ad interim stay of further proceedings under sections 5, 9 and 11 to 15 of the act is granted. issue show cause notice returnable on 19-6-1984 to the respondent as to why stay may not be made absolute and as to .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-08-1989
Reported in : AIR1990Bom228
..... the parties rejected this amendment. the reason for rejecting the claim was that the suit was pending before the court of small causes and sec. 7 of the small cause courts act does not empower the small causes court to grant any injunction. according to the trial court when the court taking seisin of the case ..... which have a tendency to decide the rights and liabilities of the parties, becomes susceptable to the revisional jurisdiction of the high court under section 25 of the provincial small cause courts act. this court, therefore, is competent to entertain this revision. the order challenged is thus susceptible to the revisional jurisdiction of this court.6 ..... for the respondent raised a preliminary objection that the revision is not maintainable either under s. 115 of the code of civil procedure or sec. 25 of the provincial small cause courts act. what he urged was that the revisional jurisdiction flowing from both these provisions is restricted to the case which has been decided by .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-28-1989
Reported in : 1990CriLJ342
..... hospital for medical treatment. in this connection, a case was registered against you and your associate vide bandra police station c.r. no. 383/1988 under sections 324-114 of the indian penal code. you and your associate nitesh kasare arrested on 4-5-1988. the learned additional chief metropolitan magistrate, 9th court, ..... criminal activities would be enough. there must also be credible information or cogent reasons apparent on the record that the detenu, if enlarged on bail, would act prejudicially to the interest of public order.'mr. kachare, learned public prosecutor appearing for the detaining authority urged that this judgment is clearly distinguishable on facts. ..... police station l.a.c. no. 5721/88 was initially registered against you and your associates for offence under s. 37(a) of the bombay police act, 1951, for contravening the orders issued by the commissioner of police, greater bombay. subsequently, separate cases were registered against each of you individually. the case .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-26-1989
Reported in : [1991]70CompCas459(Bom)
..... ledger account' and (c) 'rsa account' (advance against sale of room rights). apparently, these accounts were not yet closed at the time the statutory notice under section 434 of the companies act was issued, and hence, it has been established that, ultimately, there existed a balance due and payable to the petitioners by the company. 22. these facts assume ..... the company has failed to pay to the petitioners their dues which were in excess of rs. 65 lakhs and that a winding-up notice under section 434 of the companies act had been already issued and further legal proceedings would be initiated against the company for other dues. 10. on merits, learned counsel urged that, ..... not only filed the petition on the basis of a disputed debt, but defective, inasmuch as the same was filed even before the statutory notice under section 434 of the companies act was served on the company in its registered office. that apart, the alleged debt was in a running account which was not closed and which .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-26-1989
Reported in : 1990(2)BomCR57; (1991)IILLJ356Bom
..... the forest department as a round officer (forester). the anti-corruption bureau on 28the january 1986 filed a chargesheet for the offences punishable under section 5(1)(d) read with section 5(2) of the prevention of corruption act, against the respondent along with others. the department thereupon by order dated 18th february, 1986 placed the respondent under suspension. the special judge buldana ..... , is trying the respondent for the offences.3. the respondent file a complaint under section 28 read with items 5 and 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act. according to him, the action of placing him under suspension amounts to victimisation as he is a member of .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-31-1989
Reported in : 1989(2)BomCR500; (1989)IILLJ377Bom; 1989MhLJ566
..... although the society enjoys certain amount of autonomy, it is not find to amend its bye-laws unless the amendment has been registered under the act. (section 9 of the act). the registrar may refuse to register the amendment to the bye-laws. this authority of the central registrar enables him to restrict, curtail and, ..... to inspection by authorities. the reserve bank of india is bound to cause inspection of the bank if so directed by the central government. (banking regulation act - section 35). the central registrar appointed by the central government may inspect the bank and hold, on his own motion, inquiry into the constitution, working and financial ..... the multi-state co-operative society cannot carry on banking business or open new branches without the licence of the reserve bank of india. (banking regulation act - sections 22 and 23). in addition, the central registrar exercises the power to register or refuse to register the society thereby controlling the existence and expansion of .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-18-1989
Reported in : [1991]70CompCas231(Bom)
..... nos. 1 and 2 by the trial magistrate is set aside and accused nos. 1 and 2 are convicted of the offence punishable under section 58b(5)(a)(i) read with section 58c of the reserve bank of india act, 1934. accused no. 1, i.e., the company, is sentenced to pay a fine of rs. 15,000. accused no. 2 is sentenced ..... india. therefore, the amounts collected by the accused by way of subscription were clearly deposits within the meaning of the term used in those directions and section 45-i(bb) of the reserve bank of india act, 1934. i have also referred to the evidence of shri damle, pw-2, wherein he has stated that he has not seized the books of ..... and 1977 issued by the reserve bank of india and, therefore, the collections made by them from the subcribers were 'deposits' within the term defined in section 45-i(bb) of the reserve bank of india act, 1934, and sub-clause (d) of para 3 of the directions issued on august 23, 1973, and sub-clause (c) of para 3 of the .....
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