Court : Mumbai
Decided on : Aug-08-2003
Reported in : 2004CriLJ1576
..... his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is ..... and satish mehra v. delhi administration : (1996)9scc766 ). in bomanji kavasji v. mehernosh (supra) the complaint was for the offences under sections 13 and 14 of the maharashtra ownership flats act and sessions 420/114 i.p.code against the trustees and members of a sponsoring committee who had allegedly refused to register a housing society. ..... comp cas sc 708. in that case the appellant had filed a complaint against the respondent company, alleging commission of offence under section 276b r.w.s. 278b of the income tax act, 1961. the respondent company after being served with summons filed an application for its discharge on the ground that sanction for prosecution granted .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-08-2003
Reported in : 2004(2)MhLj41
..... committed an offence, there is no need of having a sanction to the complaint is writing of an officer as contemplated by provisions of section 13 of notaries act. but if act alleged is touching his official performance, the court has to be on guard when it has been requested to take cognizance of the allegations ..... pertaining to his work as notary. the allegations may be in respect of his misconduct and therefore, in view of provisions of section 13 of the notary act, 1952 (hereinafter referred to as act for convenience), the learned magistrate should not have taken cognizance without a sanction from the central government or state government as the case ..... to be done by the notary certified under notaries act, as indicated by section 8 of the act and the functions which are provided by section 8, very much include to take the note of number of acts and document by virtue of sub-section (1), sub-section (g), sub-section (h), sub-section (j).8. therefore, the present petitioner who happens .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Aug-07-2003
Reported in : (2004)90ITD287(Mum.)
..... also does not help the assessee. in this case, the hon'ble jurisdictional high court was considering whether the assessee was an investment company within the meaning of section 109 of the act. section 109 (it) defined "investment company" as under: - ""investment company" means a company whose gross total income consists mainly of income which is chargeable under ..... form the income from house property, other sources and capital gains.the assessing officer held the company to be an 'investment company' within the meaning of section 109 (ii) of the act. on the basis of that, the income from the aforesaid source was more than 50% of its gross total income. on appeal, the cit (a ..... said figure of loss arose on account of purchase and sale of shares, which will be treated as speculation loss in view of the explanation to section 73 of the act and will be carried forward to be adjusted against the future profits from speculation business. he further recorded the finding that speculation loss of rs. .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-06-2003
Reported in : 2003CriLJ4522
..... of bihar, : 1998crilj390 .11. our attention was invited by the learned counsel for the petitioners to sub-section (2) of section 6, sections 7, 10 and 49 of the act read with section 2 of the act. keeping in view the provisions of the act and the ratio laid down in the above cases, in our opinion, it cannot be said that the learned ..... by the additional public prosecutor that no such order could have been passed by the additional sessions judge. it was submitted that, in the light of section 49 of the act, it was not open to the learned additional sessions judge to record a finding as to the age of petitioner no. 1-accused and to pass ..... learned sessions judge, the registrar(s) was directed to transfer the case of the petitioner to the juvenile court for placing before juvenile justice board constituted under section 4 of the act for further proceedings forthwith and for placing before the juvenile justice board on or before 11th march, 2003.5. the grievance of the learned counsel for .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-06-2003
Reported in : 2004(3)BomCR460; 2003(4)MhLj780
..... regard to caste verification need to be protected and it is so protected by an express provision made in the definition of competent authority contained in section 2(b) of the act. section 2(b) reads thus:(b) 'competent authority' means a officer or authority authorised by the government, by notification in the official gazette, to issue ..... force and as such he submits that the caste certificate issued by executive magistrate in the year 1982 stands invalidated by express provision contained in section 4, sub-section (2) of the act. he then submits that the same analogy need to be applied in regard to caste validity certificate as well. it is submitted by ..... . on the other hand, per contra, the learned counsel shri r. k. deshpande, appearing on behalf of the respondents submits that reading of section 4, subsection (2) of the act, invalidates all the caste certificates issued by the competent authorities, if the said authorities did not happen to be the competent authority just preceding the .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-06-2003
Reported in : 2003(2)ALD(Cri)126; 2003BomCR(Cri)1394
..... being considered. in that affidavit he had stated that the accused had used revolver for committing murder of hiraman and vishnu. this affidavit was used for contradiction under section 145 of the indian evidence act. on being confronted with the statement in the affidavit, vithal has stated that the contents of the affidavit are not correct. this further shows that he has ..... , original accused no. 6, were charged and tried for the offences punishable under sections 147, 148, 302 read with section 149, 302, 307 read with section 149, 326 read with section 149 of the indian penal code, (for short, 'i.p.c.') and under section 25(1)(a) of the indian arms act. the original accused no. 6 was acquitted of all the charges, whereas the .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-05-2003
Reported in : 2003(4)ALLMR15; 2004(1)BomCR663; [2005]125CompCas804(Bom)
..... shares of the 3rd respondent at a price less than rs. 57/- per share (or the appropriate price computed on the basis of the principles under section 73 of the companies act, 1956) or such other higher price that may be determined pursuant to a fair valuation of shares conducted after requiring an independent audit to be conducted ..... exchange. in the circumstances it has no jurisdiction in the matter. according to sebi, the grievance of the petitioners can be redressed under section 55-a of the companies act through central government as section 55-a inter alia provides that in all cases in which sebi is unable to regulate the provisions relating to issue and transfer of ..... not a listed company on any recognised stock exchange. the question is whether sebi erred in its opinion that sesa industries is not even covered under section 55-a(b) of companies act. it is the case of sebi that sesa industries' intention to get its securities listed is not manifested as it has not made any application .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-05-2003
Reported in : 2003(4)ALLMR445; 2004(1)BomCR77; 2004(1)MhLj323
..... . proposed clause (a) of sub-rule (1) of rule 6 has been amended accordingly.' [report of the joint committee - gazette of india, ext. dt. 1.4.76 pt. ii section 2 p. 804/13] order ix rule 7 provides that where the court adjourns the hearing of the suit ex parte, the defendant can appear on or before such date ..... . where any party to a suit to whom time has been granted fails to produce his evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the further progress of the suit, for which time has been allowed, the court may, notwithstanding such default, proceed to decide the suit forthwith.' therefore, there was ..... .-where any party to a suit to whom time has been granted fails to produce his evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the further progress of the suit, for which time has been allowed, (the court may, notwithstanding such default,- (a) if the parties are present, proceed to decide .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-01-2003
Reported in : 2003(4)MhLj1070
..... . the legislature having used the expression 'any property' and 'any offence' have made the applicability of the provisions wide enough to cover offences created under any act. but the two pre-conditions for applicability of section 102(1) are that it must be 'property' and secondly, in respect of the said property there must have been suspicion of commission of any offence ..... co-operative bank, which is a co-operative society registered under the provisions of maharashtra co-operative societies act, being the applicant before this court seeks to quash and set aside an order dated 25-11-2002 issued by respondent no. 2 under section 102 of the criminal procedure code, seizing an amount of rs. 25 crores which, according to the order, is an .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-01-2003
Reported in : 2003(2)ALT(Cri)23; 2003CriLJ4041
..... we also hold as sufficient punishment for accused no. 2-smt. yallavva hanmappa @ hanmanta koli to suffer three years rigorous imprisonment for the offence punishable under section 375 read with section 109 of india penal code. the accused are on bail. their bail bonds are canceled. the police authorities in pune are directed to take immediate appropriate steps ..... conclusion of guilt of the accused. merely because semen was not found in the swab it cannot be said that no rape has taken place. the provisions of section 375 of indian penal code are very clear. even slight penetration is also enough for the purposes of finding the offence of rape. in this case the ..... 1. this appeal is directed against order of acquittal by the additional sessions judge, pune in sessions case no. 334 of 1986 acquitting the accused of offences under sections 376, 109 and 341 of the indian penal code. 2. with the assistance of the learned public prosecutor and the learned counsel appointed by us for defending the .....
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