Court : Mumbai
Reported in : [1986]17ITD833(Mum)
..... of the lease deeds and also certain observations in the directors report have been pointed out to indicate that the assessee had no intention of carrying on the business, from the conduct of the assessee and the financial and other commitments entered into by it, the departments stand in this regard cannot be accepted as correct. ..... the negative evidence relating to the carrying on of the ancillary activity, the huge support extended financially and materially to the agriculturists producing sugarcane solely for supply to this factory and the retention of the manufacturing licence and other legal rights with the only shows that the business was expected to be ..... the circumstances which, therefore, seem to have engulfed the assessee from the financial, legal and governmental policy points of view can only indicate that the assessee interest in and the intention to continue the business. ..... if, for insurance, the encouragement given by the government only to co-operative societies is considered and the financial difficulties faced by the assessee as regards the machinery, etc. ..... according to the learned counsel, the lease was forced on the assessee in order to maintain the business intact on account of financial difficulties and a non-co-operative governmental policy. ..... the assessees attempt to get financial assistance from institutions appear to have not been successful particularly in view of the partiality of the government policy towards co-operative societies. .....
Tag this Judgment!Court : Mumbai
Reported in : 2012(3)LLN559
..... the mahavir bank initially filed its written statement and set out the financial difficulties it faced, the restrictions imposed by the reserve bank of india and the reasons for declaring vrs ..... the conditional right to raise demand, was subject to the financial improvement of the mahavir bank and not of the respondentbank ..... no determined and fixed commitment to make such payment. ..... 1995 the mahavir bank, unilaterally froze the benefits of all the employees due to financial problems but reserved their right to claim the benefits, immediately upon improvement of financial position of the bank. 4. ..... clear that the right was provided to demand the amount to the exemployees like petitioners but it was subject to the improved financial condition of the bank. ..... not inclined to accept the contention that it was a case of only interpretation of order of earlier orders and the doubtful settlement terms, which itself only created right to demand, from the mahavir bank subject to improved financial position. ..... admittedly, financial position of mahavir cooperative bank was the issue which compel it to accept and finalize the ..... to be a similarly placed employees and enjoying the benefit of the rise given by the mahavir bank since 1992 which was later denied on the ground of financial crunch. ..... declared on the basis of the frozen pay scale and allowances but the employees opting for said vrs were made eligible to claim the arrears of the frozen benefits upon improvement of bank's financial condition. 5. .....
Tag this Judgment!Court : Mumbai
..... the mahavir bank initially filed its written statement and set out the financial difficulties it faced, the restrictions imposed by the reserve bank of india and the reasons for declaring vrs ..... the conditional right to raise demand, was subject to the financial improvement of the mahavir bank and not of the respondentbank ..... no determined and fixed commitment to make such payment. ..... 1995 the mahavir bank, unilaterally froze the benefits of all the employees due to financial problems but reserved their right to claim the benefits, immediately upon improvement of financial position of the bank. 4. ..... clear that the right was provided to demand the amount to the exemployees like petitioners but it was subject to the improved financial condition of the bank. ..... not inclined to accept the contention that it was a case of only interpretation of order of earlier orders and the doubtful settlement terms, which itself only created right to demand, from the mahavir bank subject to improved financial position. ..... admittedly, financial position of mahavir cooperative bank was the issue which compel it to accept and finalize the ..... to be a similarly placed employees and enjoying the benefit of the rise given by the mahavir bank since 1992 which was later denied on the ground of financial crunch. ..... declared on the basis of the frozen pay scale and allowances but the employees opting for said vrs were made eligible to claim the arrears of the frozen benefits upon improvement of bank's financial condition. 5. .....
Tag this Judgment!Court : Mumbai
..... in so far as the ground of cruelty under section 13(1)(ia) of the said act is concerned, according to the respondent, the appellant by various acts including not helping her mother-in-law in household work, commenting on the respondent's financial status, giving threats to commit suicide, to have abortion and making wild and reckless allegations against the respondent's father treated the respondent with cruelty. ..... the respondent further claims that on account of his weak financial position, he was required to listen to the adverse comments of the appellant resulting in mental anguish. ..... a reference thereafter has been made to the financial condition of the respondent by stating that he was running business in the name and style of sunshine auto services. ..... similarly, the reference to the financial status of the appellant and expenses incurred by her are also with regard to the period after passing of the decree for divorce. ..... the threat of committing suicide and also the threat of aborting the pregnancy is also referred to by the respondent. ..... the said application refers to the re-marriage of the respondent and the present financial position of the parties. 5. ..... he has specifically stated in paragraph 6 that he had no ill feelings against the appellant and no act of any nature that could cause such feelings was committed by him. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1985)14ITD377(Mum.)
..... as a result of grant of credit facilities, there has been borrowings from the banks and financial institutions and the interest, has mentioned above, has been paid along with commitment charges. ..... , the interest and commitment charges would be in the capital field and as such deduction as revenue expenditure was not allowable under section 37(1). ..... we may mention at the outset that the view expressed by the commissioner to the effect that in this case there was mere grant of credit facilities and no borrowing of the capital from the bank and financial institutions is ex facie unsustainable. ..... as regards commitment charges on lic loan paid by the assessee, we are of the opinion that they constitute payment over and above the payment of interest. ..... as regards commitment charges, the commissioner (appeals) observed that they did not come within the ambit of section 36(1)(iii) and as such were not allowable. ..... interest and commitment charges of rs. ..... 8,18,752 as interest and commitment charges. ..... unit at chinchwad for manufacture of pumps, which are slightly different from the pumps already manufactured by the assessee, the assessee had borrowed large amounts from the central bank of india (cbi) and other financial institutions. .....
Tag this Judgment!Court : Mumbai Nagpur
..... his mental or financial status is shown, no enmity or rivalry is seen, instigating him to commit murder. ..... no manner of doubt that it were the accused persons who committed such a heinous crime of robbery and murder for petty gains. ..... lodged by pw1-sunil exh.35 had the scoring of words with intention to commit theft therein at his instance thereby showing tampering of the fir. ..... court found accused no.1-ajay to be the person of unscrupulous character, who according to the trial court, took the advantage of the trust of the lady in him who for his intention to commit theft and robbery, committed brutal murder of the deceased vijayatai. ..... there is nothing on record to show that besides committing robbery, he had any intention or any other special interest to kill the old lady, ..... it is, thus, clear that accused ajay had committed theft of the said luna belonging to this witness and post commission of the offences had gone to the house of his sister at naya akola stands firmly established ..... the observations made by the trial court in the judgment about the heinous crime committed by accused no.1 clearly indicate that the case at hand is the rarest of rare in the sense that accused no.1 ajay destroyed the faith reposed by deceased vijayatai in him since he was working as a domestic servant and committed her murder in a brutal manner. ..... the manner in which the crime is committed must be such that it may result in intense and extreme indignation of the community and shock the collective conscience .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1989Bom296; (1989)91BOMLR13; 1989MhLJ344
..... the finance department has pointed out that allocation of funds under this head is totally consumed and it is not possible even in the present financial year to set aside any funds for the purpose of grant-in-aid. ..... (f) in the filed of higher education, a large number of colleges catering to arts, science and commerce faculties, and in the professional field are run by government and the entire financial burden in respect of these institutions is looked after by the state. ..... (h) government is not committed to make a grant where a private party sets up an educational institution as to do so depends on the state's capacity to provide additional funds. ..... this is only because of financial constraints and not because government desires to withhold financial assistance. ..... 3501 crore budget for the financial year 1986-87, rs. ..... withheld from non-government law colleges, the under-developed areas would equally suffer, because in such areas no new law colleges would be started or would have to close down or impart indifferent legal education for financial constraints. ..... whenever possible, government has made efforts to extend grants to the institutions and in a majority of cases, grants have been extended but not to all due to financial constraints. .....
Tag this Judgment!Court : Mumbai
Reported in : [1997(75)FLR4]; (1997)IIILLJ241Bom
..... of apprehended or threatened acts of dismissal or discharge, have jurisdiction to entertain a complaint and on the express reasons given by the apex court as also by the division bench of this court, an injunction can be granted restraining the employer from committing any unfair labour practices, which would include restraining employer from taking any further steps towards that end, the restraint would also include restraining the employer in the matter of suspension. ..... the industrial court considering the matter paragraph 11 of his judgment has observed that after going through the judgment of the labour court, it did not find any illegality committed by the labour court in coming to the said conclusion and prima facie, there was sufficient evidence before the labour court to come to the said conclusion. ..... 1 had been victimised and that in view of all this the petitioner-society had committed unfair labour practices listed under items 1(a), (b), (d), (e), (f) and (g), of schedule iv of the mrtu and pulp act. ..... moreover, you have also committed a breach of rules, and circulars issued from time to time. ..... you have also committed fraud and behaved dishonestly in connection with the hospital's business and property'. 3. ..... sharma has committed administrative impropriety. ..... 1 had committed administrative impropriety. ..... sharma committed administrative impropriety. ..... (f) by your aforesaid acts, you have tarnished the reputation of the hospital, and also put the hospital to financial loss. .....
Tag this Judgment!Court : Mumbai
..... . the petitioner, as per the charges proved against him, has committed financial irregularities and false documents were created in connection with giving of civil construction work, which work was not at all in existence ..... mainly assailed the order of disciplinary authority, which was confirmed by the central administrative tribunal, on the following grounds :(i) it is a case of no evidence and from the evidence on record, it can never be said that the petitioner had committed misconduct as alleged against him in connection with the charge nos.1 to 3. ..... she submitted that since the petitioner is involved in financial irregularities and is found to be guilty of serious misconduct, the penalty imposed by the disciplinary authority is not required to be interfered with by this court.13. ..... article/charge no.3 was in connection with the misusing of financial powers delegated to the petitioner during the period 198687, by cheating the government to the tune of rs.34,114/ by fraudulently passing the final bill of shri mistry regarding providing and fixing 167 godrej make mortice locks on ..... and 198687, the petitioner, in connivance with the subordinate officers shri k.n.sabhnani, shri r.p.sahni and a private contractor shri b.g.mistry, cheated the government to the tune of rs.1,58,801.40/ by technically sanctioning nonexistent works and thereby committed fraud. .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR45
..... very nice questions of law would then arise between the bank and such third party, but can it be permissible to the defendant-company to say, ' we committed a breach of our undertaking and in violation of our agreement, we gave a charge to a party which we were not competent to do. ..... when, again, the loan was renewed on the 30th of june after default had been committed in payment at the expiration of the second period and the fortnight beyond the expiry of that period, the bank imposed other conditions and insisted on having the security of the liquid assets of the company and ..... the principal director of the company and the senior partner in the firm of its secretaries, treasurers and agents, was the late dwarkadas dharamsey, who, after perpetrating many daring financial frauds, on the 28th of august 1909 committed suicide. ..... ) :-i am of the same opinion, on the ground that the company is responsible for the fraud committed by its agent while acting within the ordinary scope of his employment.45. ..... if no new arrangement had been made and the defendant-company had committed default in payment, the resolution would have continued to be in force till such time as the loan was paid off ..... and the plaintiffs solicitors and nothing of importance happens till the 28th august when dwarkadas committed suicide and immediately thereafter the company was taken in liquidation.21. ..... about this time rumours as to the financial condition of dwarkadas and his mills of a disquieting nature evidently reached .....
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