Court : Mumbai
Reported in : 1991(1)BomCR422; [1991(63)FLR148]
..... the instrument. thus understood, it is clear that section 1 shows the caution of the lawmakers. sub-section (3) indicates the discretion given to the central government to enforce the act or different portions thereof on different dates in different states or even different parts thereof. sub-section (4) shows the preference to factories in the matter ..... administration which entails collection of dues and monitoring of its observance and breach etc. etc. for these reasons the act's extension has been gradual and in stages. an important constraint is finance. the notification is neither violative of section 1(5) nor of article 14. no. part of section 1 violatives the said article.5. the ..... first issue is in relation to the vires of the notification vis-a-vis section 1(5) of the act. mr. deshmukh argues that the sub .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(5)BomCR544; (2007)109BOMLR1774; 2007BusLR148(Bom); 2007(216)ELT664(Bom)
..... the time limit specified therein. the delay in execution of the work would expose the petitioner to unnecessary liability. 4. the central government in exercise of its power under section 5 of the foreign trade (development & regulation) act, 1922 read with para 1.3 and para 2.1 of the foreign trade policy 20042009, vide notification no. 45 ( ..... behalf of the respondent it is stated as under:1. i would like to further add that there is no retrospective restriction in the notification since the union finance minister has made the decision public on 9.02.2007 itself. therefore, the statement concerning retrospective operation does not apply to the facts of the case. moreover, ..... by an amendment thereof. in construing such a prohibitory order, whereas the rule of strict construction must be followed, the interpretation which subserves the intention of the central government as laid down in the policy as well as in the procedure should be given effect to. a statute as is well known may have to be .....
Tag this Judgment!Court : Mumbai
Reported in : [2005]123CompCas60(Bom); (2005)3CompLJ221(Bom); [2005]60SCL297(Bom)
..... proceedings are concerned. the said judgment came up for consideration before me in company application no. 446 of 1997 in company application no. 457 of 1997, ion exchange finance ltd. v. firth india steel co. ltd. (in liquidation) since reported in [2001] 103 comp cas 666 , decided on september 4, 1998 and some other ..... matters. i had occasion to consider the expression 'suit' or 'other legal proceedings'. in the context of sections 442 and 446 of the companies act, i have considered chapter v wherein the expressions 'suit' or 'other legal proceedings' have been included including the expression 'legal proceedings' in section 391(6). ..... the intention of the legislature to stay the commencement or continuation of criminal proceedings. the company and its officers must face the consequences of their illegal acts. there seems to be considerable force in these arguments. if the intention of the legislature had been to stay the commencement or continuation of criminal proceedings .....
Tag this Judgment!Court : Mumbai
Reported in : (2001)3BOMLR786; [2001(90)FLR172]; 2001(4)MhLj675
..... t.a. was on the basis of distance between parel and churchgate station and the budhwar park being less than 8 kms., and therefore according to the dy. director finance (estt.) of the railway board the m.l.ds. were not entitled to the t.a. solely basing on his disputing the distance between the two points. the ..... j.1. the present petition is filed by the union of india through its general manager of western railway to challenge the award dated 11.10.1996 given by the central government industrial tribunal at mumbai in reference no. cgit-1/5 of 1996.2. the motor lorry drivers (m.l.d.) of the western railway demanded travelling allowance ..... get such travelling allowance. the railway administration did not agree with their demands which finally came to be referred for adjudication under section 10(1) of the industrial disputes act, 1947. the following industrial dispute is adjudicated by the tribunal in the present award.'whether the truck drivers working at parel workshop are entitled to get t.a. .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(1)BomCR141
..... that delay in service of detention order has caused to the accused a severe handicap in preferring a representation against his detention to the detaining authority, the central government and the hon'ble advisory board.5. the accused has not been served with the detention order although he has invited such services.6. it is ..... country. investigation disclosed that the detenu has been engaged in unauthorised transactions in foreign exchange which is in violation of the provisions of the foreign exchange regulation act, 1973. these unauthorised transactions have affected foreign exchanges resources of the country adversely. if the detenu is allowed to continue his activities in future, then it ..... were submitted to the minister of state for revenue on 2-11-1993 and then the papers were sent to the finance minister. the minister of state considered the matter and sent the file to the finance minister on 5-11-1993. 6th and 7th november, 1993 were holidays being saturday and sunday. on 9-11 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1996Bom149; 1996(2)BomCR642; (1996)98BOMLR972
..... formed and incorporated by the 'kirloskar group of companies' and they are expanding into various industries and businesses like machinery, manufacturing engines and electrical goods financing and leasing, investment consultancy, sericulture, musical instruments, etc. in the facts and circumstances, it is explicit and obvious that the word 'kirloskar' which ..... the companies belonging to 'kirloskar group of companies'. in the year 1988, centenary celebrations were held by the 'kirloskar group of companies' and the central government issued a comparative postal stamp to mark the occasion. at that time, a brochure was published by the respondents. the activities of 'kirloskar group ..... , quality and goodwill acquired over scores of the years and is understood as connoting association with famous 'kirloskar group of companies'.9. section 105 of the act reads as under:'105. suit for infringement, etc. to be, instituted before district court. no suit- (a) for the infringement of a registered trade .....
Tag this Judgment!Court : Mumbai
Reported in : [2005]127CompCas472(Bom); 2005(3)MhLj1026
..... of which the arguments were advanced by the learned counsel for the respondents. it also takes into account the judgment of the apex court in the case of central bank of india v. ravindra and ors. reported in : air2001sc3095 and the interest component has been accordingly so adjusted. the respondents have filed affidavit in ..... the reserve bank of india are not binding on the state financial corporation, in view of the provisions contained in section 39 of the state financial corporation act. according to the defendant, the controlling authority of the state financial corporation is the state government and the development bank.4. now, if in the light ..... law which vests in the reserve bank of india power to issue direction to a state finance corporation established under the state financial corporation act, which will have the effect of altering the term of an agreement between the state finance corporation and third parties regarding the rate of interest on the loan advanced by the state .....
Tag this Judgment!Court : Mumbai
Reported in : [2004]121CompCas374(Bom); [2004]56SCL665(Bom)
..... and the management control of thecompany shall remain with the indian shareholders.48. further the guidelines dated3l.7.l997 issued by the central government provideas follows:'(iii) preference shareholders shall beincluded as foreign direct equityfor the purposes of sectoral caps onforeign equity where such caps ..... of the provisions in the companies act.section 2(ll) defines 'court' as meaning the courthaving jurisdiction under section ..... the companies actprescribes that the 'court' having jurisdictionunder the act shall be the high court havingjurisdiction with respect to a company, exceptwhere it is specifically conferred on the districtcourt by the central government. the section alsoauthorised central government to investjurisdiction in the district courts to deal withsome .....
Tag this Judgment!Court : Mumbai
Reported in : 1994(2)BomCR641
..... pensioners. a memoranda dated 25-5-79 came to be issued by the ministry of finance and another dated 28-9-1979 by the ministry of defence. by those memorandas, pensions came to be revised upward payable to the central civil and military servants. the effect was given from 31-3-79 i.e. ..... considered the present technical developments, innovative methods of teaching and have reduced the age. this shows they are alive to the situation and the circumstances and have acted properly. this cannot enable the petitioners to contend that the regulation is arbitrary or discriminatory.regulation 89(1) :47. this regulation requires 3 years period ..... -related to the social, political or economic needs of our developing nation fostering secular values breaking the barriers of casteism, linguism, religious bigotry and it should act as an instrument of social change. education system should be so devised as to meet these realities of life. education nourishes intellectual advancement to develop dignity of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1980Bom168
..... march, 1976, (coram : deshpande & mridul jj.). in that case, it was contended that when a sister high court takes some view about the provisions of a central act, this court is bound to follow the same, even if its view happens to be different. in support of that contention, reliance was placed on certain income-tax ..... by the bureau of hire purchase credits. according to mr cooper, these circumstances indicate that the real transaction is not one of hire purchase but a finance transaction against the security of vehicles.22. my assessment of shastri's evidence is that it indicates that the plaintiffs seem to have bifurcated their functioning about ..... f to the plaint.8. without prejudice to the aforesaid contentions and in the alternative, this defendant contends that the said agreements were in the nature of finance agreements looking to the nature of the transactions, the surrounding circumstances and the terms and conditions thereof. therefore in the facts and circumstances of the case, the .....
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