Court : Mumbai
Decided on : Mar-19-2003
Reported in : 2003(3)ARBLR82(Bom); 2003(5)BomCR161; 2003(3)MhLj536
..... an award a 'decree', it cannot be regarded as a decree within the meaning of section 9(2) of the insolvency act.3. section 9 of the presidency towns insolvency act, 1909 defines acts of insolvency, sub-section (1) of section 9 defines in its eight clauses various acts of insolvency and for the purpose of this proceeding clause (e) and clause (h) are ..... possible to say that such an award which has the force of a decree is not a decree within the meaning of section 9(2) of the insolvency act. under sub-section (2) of section 9 of the insolvency act the emphasis is on the character of the enforceability of the decree. hence, for that purpose, the statute has spelt ..... against the same judgment debtor, the assets shall be rateably distributed amongst all such persons. the courts in india had held that an order made under section 186 of the companies act which, inter alia, enables the court to direct a contributory to make payment due from him to the company, did not come within the definition of .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-19-2003
Reported in : (2003)182CTR(Bom)255; [2003]262ITR520(Bom)
..... the trust of the previous year in which the transfer took place i.e. during the assessment year in question. accordingly, the notice has been issued under section 148 of the it act on 28th march, 2002. being aggrieved, the petitioners have filed this petition.arguments3. mr. mistry, learned counsel appearing on behalf of the petitioner, submitted that ..... ., 1994, the said flat was sold for rs. 4.81 crores. under the above circumstances, the ao has purported to reopen the assessment by invoking section 45(4) of the act. according to the ao, on the dissolution of the trust, capital assets came to be distributed to the beneficiaries and, therefore, profits arising from the transfer ..... s.h. kapadia, j. 1. being aggrieved by the decision of the department to reopen assessment vide impugned notice dt. 28th march, 2002, under section 148 of the it act, this petition has been moved under article 226 of the constitution. in this petition, we are concerned with alleged escapement of income for asst. yr. .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-19-2003
Reported in : [2003]129TAXMAN720(Bom)
..... the said flat was sold for rs. 4.81 crores. under the above circumstances, the assessing officer has purported to re-open the assessment by invoking section 45(4) of the act. according to the assessing officer, on the dissolution of the trust, capital assets came to be distributed to the beneficiaries and, therefore, profits arising from ..... of the previous year in which the transfer took place i.e., during the assessment year in question, accordingly, the notice has been issued under section 148 of the income tax act on 28-3-2002. being aggrieved, the petitioners have filed this petition.arguments3. mr. mistry, learned counsel appearing on behalf of the petitioner submitted ..... s.h. kapadia, j.being aggrieved by the decision of the department to re-open assessment vide impugned notice dated 28-3-2002 under section 148 of the income tax act, this petition has been moved under article 226 of the constitution. in this petition, we are concerned with alleged escapement of income for assessment year .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Mar-19-2003
Reported in : (2003)(154)ELT593Tri(Mum.)bai
..... , after elaborate discussion of the material on record had held, vide that order, as follows : (a) the commissioner's order regarding extension of time under section 110(2) of the customs act, 1962 for issue of notice was not to be interfered with; (b) the petitioner was required to file necessary modification to the bill of entry for provisional ..... rs. 20 lakhs'. recorded seizure is not essential, and hold whatever is 'detained' or 'taken/seized' has either to be adjudicated or released within the time frame a section 110(2). therefore cloves and amount of rs. 20 lakhs stands released from seizure/detention." "11. the department says and submits that the order of hon'ble cegat, manifests ..... was a seizure and also held that recorded seizure was not essential. it further concluded, it was required to be adjudicated or released within the time frame of section 110(2) which was not done.5. in this view of the matter and the findings arrived at by the bench, no grounds are found to sustain the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-13-2003
Reported in : 2003(3)BomCR465; 2003(2)MhLj316
..... .being aggrieved by the order passed by the management, thepetitioner approached the school tribunal, amravati region, byfiling appeal no. 43 of 1984 under section 9 of the act. thepresiding officer of the school tribunal vide an order datedjanuary 16, 1986 partly allowed the appeal filed by thepetitioner holding that the order of termination ..... observed that even if it is assumedthat polytechnic is a school, it cannot be said that to be aprivate school as defined in section 2 (20) of the act andthe provisions of the act, therefore, could not be invoked.in mohd. israr siddique, (writ petition no. 1527 of 1987)decided on november 30, 1990, ..... run by them were eitherestablished or administered by government or a localauthority. hence, they were private schools within themeaning of section 2 (20) of the act.42. in our judgment, clause (24) of section 2 is very importantand material. it defines 'school', which imparts inter aliatechnical education. it thus expressly and unequivocallycovers all .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-13-2003
Reported in : 2003(2)ALLMR864; 2003(5)BomCR153; 2003(3)MhLj576
..... quit, suchtermination cannot be said to be at theinstance of the employer to fall within thefirst part of the definition of retrenchmentin section 2(s) of the state act.'10. in these circumstances there is greatsubstance in the merits of the case of thepetitioner-company. the petitioner company is rightin ..... company. therespondent-workman therefore raised an industrialdispute demanding reinstatement with full backwagesand continuity of service. the state governmentreferred the industrial dispute under section 10(1)read with section 12(5) of the industrial disputesact, 1947 to the labour court for adjudication.both the parties completed their pleadings.according to the ..... no force or coercionexercised on him. shri singh further submitted thatit was not the case of dismissal wherein section11(a) of the industrial disputes act would come intooperation to enable the labour court to have heldthat the resignation was a forced resignation andtherefore, grant of reinstatement without backwageswas the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-13-2003
Reported in : 2003(2)ALLMR683; 2003(5)BomCR775
a.p. deshpande, j.1. one kalpita builders pvt. ltd., jalgaon, is a company registered and incorporated under the indian companies act. the said company filed a suit against the respondent nos. 2 and 3, for specific performance of contract and in the alternative, a claim for recovery of an amount of .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Mar-13-2003
Reported in : (2002)LC8Tri(Mum.)bai
..... drawback due thereon. having called back the goods, there is no export in respect of these goods taking place and therefore in terms of proviso to section 75 of the customs act 1962, no drawback is admissible where in respect of goods of which sale proceeds are not received by and on behalf of the exporter in india." 36 ..... only under suspicion. they did not have reasons to believe at that time that the goods which were transferred into their jeep were liable to confiscation under section 111 of the customs act, and when they handed over the seizure list to the petitioners, seizing the silver goods and the car, has been interpolated. i have already referred to ..... liable to confiscation. it all depended upon the facts and circumstances of the case. the court in para 11 of the judgment after quoting the provision of section 110 of the customs act observed as under :- "the seizure of the goods must follow only if the proper officer has reason to believe that the goods were liable to confiscation, .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-12-2003
Reported in : 2003(3)ALLMR142; 2003(3)ARBLR32(Bom); 2003(6)BomCR328; 2003(4)MhLj329; [2003]46SCL264(Bom)
..... containing reasons may not be relied upon or referred to by either party in proceedings relating to the award unless the court shall otherwise determine.under section 31(3) of the act of 1996 the arbitral tribunal shall state reasons upon which it is based unless the parties have agreed that no reasons are to be given or ..... the apex court in bhatia international v. bulk trading s.a. and anr. : [2002]2scr411 , the challenge to the award would have to be under section 34 of the act of 1996 and consequently the application as filed is not maintainable. it is secondly contended that it is fundamental policy of indian law that the awards has to ..... learned counsel for the respondent. at the stage of admission there was another petition also before this court wherein a foreign award had been challenged under section 34 of the arbitration & conciliation act, 1996 relying on the judgment in bhatia international (supra). it was in that context and as it was contended that the judgment in bhatia requires .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-12-2003
Reported in : 2004(2)MhLj323
..... was presented before him. at that time, the magistrate should have come to the conclusion whether the present applicant was to be tried for offences indicated by section 276ab or section 276aa of income tax act, 1961. had he applied the judicial mind and proper spirit, correct spirit, then the magistrate would have noticed the vagueness of the complaint made by ..... petitioner by specifying the offence which he has to face in the said trial. every magistrate has to keep it in mind that the purpose of the act as indicated by section 251 of the code is a judicial performance and it is to be done by him and is not to be left to the clerks. he has ..... magistrate took the cognizance of the said complaint and issued the process in context with provisions of section 276ab of the income tax act, 1961 and in the alternative for the offence under section 276a of the said act.3. section 276aa has been repealed by finance act, 1986 with effect from 1.10.1986. in view of that as submitted by shri marwadi, .....
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