Court : Mumbai
Decided on : Jan-19-1974
Reported in : 1975CriLJ1891
..... of entry no. 80,70. in fact, so far as the maharashtra state is concerned, the police officers are appointed under the bombay police act, 1951. that act itself provides in section 22-a for the appointment of the railway police. having regard to the constitutional scheme of the state governments and the union government in relation to ..... 1970crilj885 . where the criminal prosecution is instituted on a private complaint, the documents mentioned in sub-section (4) of section 173 cannot be made available to the accused. in an unreported judgment d/- 15-7-1968 in criminal revn. appln. no. 321 of 1968 (bom), kotwal, c. j. held that even where the police filed a complaint and not a ..... charge-sheet or report as required by section 173 (1), the accused was not entitled to copies under section 173 (4). in criminal revn. appln. no. .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-28-1974
Reported in : (1976)78BOMLR106
..... rs. 23,700 (rupees twenty-three thousand seven hundred only) with interest at 4 (four) per cent, per annum from the date of the suit. in accordance with section 1a of the fatal accidents act, 1855, the amount awarded shall be divided amongst the plaintiffs in the following manner:56. 1/2 (one-half) to the plaintiff no. 6, the widow of ..... a sum of rs. 50,000 by way of compensation.6. a perusal of the plaint clearly shows that the claim is under section 1a of the fatal accidents act, 1855, and that although section 2 of the said act provides that a claim for loss to the estate of the deceased can be inserted, such a claim has in fact not been made ..... lost his life.2. special civil suit no. 32 of 1963 has been filed by the wife and children of the deceased and is a claim under section 1a of the indian fatal accidents act, 1855. the learned civil judge raised the necessary issues, including an issue on the question of alleged negligence and the quantum of damages as claimed by the .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-31-1974
Reported in : (1974)76BOMLR552; (1974)IILLJ441Bom; 1974MhLJ845
..... be regarded as bye-laws having the force of law framed by the central board of respondent no. 1 bank under s. 43 read with s. 17(1) of the act. section 17(1) occurs in chapter v which deals with the topic of management and it runs as follows : '17. (1) the general superintendence and direction of the affairs ..... of the supreme court judgment by two further judicial pronouncements; one of this court and the other of the supreme court itself. in pramodrai shamaldas v. l.i. corp., (1968) 71 bom. l.r. 286, a question arose whether life insurance corporation fell within the definition of the expression 'the state' in art. 12 of the constitution and while ..... s. 33(xa) which provides that inter alia the state bank may carry on and transact any kind of business acting as agent of the central government or state government or any corporation in implementing any scheme for financing the construction of dwelling houses, and in advancing or lending of money from out of the funds placed at its disposal .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-28-1974
Reported in : (1976)78BOMLR623
..... position in indian law is concerned, it has been observed in pollock and mulla in their commentary on indian contract and specific beliefs acts, ninth edn., at p. 943 as follows:an interlocutory injunction is not granted in regard to a libellous matter where the plea of ..... public or persons connected with the film line in india. in my opinion, it would be unsafe, at this stage, to act on the presumption that the publication of such a picture would necessarily lower the appellant in the eyes of the film going public ..... and cannot be said to be irrelevant to the article.6. it was contended by mr. jaisinghani that although the appellant has acted in the nude or semi-nude in some of the scenes in the said film, she has never posed for a still ..... misleading or to render it a misrepresentation. the material on record shows that in the film 'siddhartha', in which the appellant has acted, there are love scenes in which the appellant has appeared in a state of undress. it is not as if an isolated nude .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-02-1974
Reported in : [1976]105ITR331(Bom)
..... . shankerlal matadin from whom the loan was taken were carrying on business at 177, harrison road, calcutta, and the loan was taken through a finance broker, dalamchand, who may be summoned under section 37 to prove the genuineness of the loan. in view of this information given by the assessee a summons was sent through post but it was ..... the assessee reasonable time and opportunity to produce evidence, and it is the duty of the income-tax officer to assist the assessee by exercising his powers under section 37 of the act to enable the assessee to produce evidence in support of his return. where the assessee is denied such opportunity to produce evidence, the assessment would be vitiated ..... it is the duty of the income-tax officer to enforce the attendance of the witness if his evidence is material, in exercise of his powers under section 37(1) of the act read with order 16, rule 10 of the code of civil procedure. notwithstanding the service of a writ of summons if the witness does not appear .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-04-1974
Reported in : [1975]101ITR491(Bom)
..... as no such difficulty existed for the assessment year 1950-51, the explanations so introduced are ultra vires the powers of the central government under section 12 of the finance act, 1950. in support of this contention he strongly relied upon the decision of the supreme court in straw products ltd. v. income-tax officer ..... part b states) (removal of difficulties) order, 1950, is ultra vires the powers the central government because when in exercise of the powers conferred by section 12 of the finance act, 1950, notification was issued on may 8, 1956, for introducing an explanation in paragraph 2 thereof, there was no difficulty. similarly, he contended that ..... or rules.' 9. the wording of this explanation was identical, later on by a notification dated august 20,1962, in exercise of the powers conferred by section 12 of the finance act, 1950, the explanation in paragraph 2 of the taxation laws (part b states) (removal of difficulties) order, 1950, was substituted by the following explanation .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-14-1974
Reported in : [1974]44CompCas567(Bom)
..... a winding-up petition filed against a company named focus advertising pvt. ltd., on the ground of non-compliance with a statutory notice under section 434(1)9a) read with section 433(e) of the companies act, 1956. by a separate order passed by me earlier today, i have already rejected the preliminary objection raised by mr. dhanuka on ..... therefore, proceeded to head the petition on merits. byh their attorney's letter dated 25th june, 1973, the petitioners gave the requisite statutory notice under section 434(1)(a) of the companies act, 1956, calling upon the company to pay a sum of rs. 17,428.41 due to them under bills submitted to the company for various blocks ..... to continue trading unless good reasons for taking that view are placed before the court. this decision is based on section 557(1)(a) of out companies act, which is identical in terms with section 346 of the companies act, 1948, in england, the material portion of which provided that in all matters relating to the winding-up of a .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-19-1974
Reported in : [1979]118ITR656(Bom)
..... regard to these material terms and conditions of the three agreements, three or four salient features of the arrangement become very clear. in the first place, the financing arrangement evidenced by the three agreements was entirely different and unconnected with the original business that was carried on by the assessee-firm, viz., export of cloth on ..... course of business, any compensation received for its termination would be a revenue receipt, irrespective of whether its performance was to consist of a single act or a series of acts spread over a period, and, in this respect, it differs from an agency agreement.' 28. the court also laid considerable emphasis on the fact ..... them were illegal as offending against law and particularly the provisions of the bombay money-lenders act and usurious loans act and it would be prepared to pay only interest at the rate of interest as provided under the moneylenders act, on the amount advanced by the assessee-firm from time to time. the assessee did .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-20-1974
Reported in : (1977)79BOMLR581
..... consideration by the company law board was the manner in which kapadias had acquired the voting power. it cannot be disputed that although the companies act, 1956, under sections 87 to 90, abolished voting rights of preference shareholders excepting in certain cases, kept alive the voting rights of preference shareholders existing at the ..... . 10 crores and had obtained foreign exchange loan from the industrial credit and investment corporation of india ltd., and were required to raise substantial additional finance for the said project. the letter also quotes a portion from the letter from the industrial credit and investment corporation of india ltd., which ultimately ..... which it had already obtained a foreign exchange loan from the industrial credit and investment corporation of india ltd., which would require to raise substantial additional finances and that the said project was of vital importance to' the economy of the country. it quoted a portion from the letter received from the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-30-1974
Reported in : [1976]103ITR563(Bom)
..... and shareholders and the provision thereof is omitted by section 69 of the indian income-tax (amendment) act, 1939. section 58 makes it clear that the various provisions of the therein mentioned will be applicable to super-tax. in this chapter ix by section 3 of the finance act, 1953, section 56a which provided for exemption from super-tax of ..... certain dividends was added with effect from april 1, 1953. the material part of that section is as under : '56a. exemption from super-tax of certain dividends. - ..... every conceivable effort should be made to harmonise the same, unless there is a clear indication to the contrary in the scheme and provisions of the act. both section 23a and the provisions in chapter ix relate to charge, levy and payment of supper-tax though the scheme of the two is slightly different. reference .....
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