Court : Mumbai
Reported in : 1989(3)BomCR101; (1989)91BOMLR92
..... the calcutta high court had occasion to consider the corresponding provisions of the indian companies act, 1913. facts of that case are briefly set out hereunder : the union of india representing the east indian railway claimed a sum of rs. 5,22,313 from the appellant company before the calcutta high court, but the said notice of demand was sent ..... as indicated earlier, to the patna office and not to the registered office. the plea that such notice would not raise the fiction under section 163 of the indian companies act, 1913, was considered by the divisions bench at pages 511 and 512 of the report. according to the division bench of the calcutta high court, the point ..... to the patna office of the company and not to the registered office. another notice was subsequently sent on .....
Tag this Judgment!Court : Mumbai
Reported in : (1935)37BOMLR126
..... rs. 97,000 odd received by them. in that case the pondicherry railway company were liable to pay to the french government half of the net profits made by them from their undertaking, and it was held that they were liable to be assessed for tax under the indian income-tax act in respect of the whole of their net profits, and could not ..... income so paid away to third parties. it has not been argued that the sums paid to third parties come within any of the various deductions allowed by the indian income-tax act. but the argument has been that the sums paid to third parties; never were the income, profits or gains of the assessees within the meaning of section 4 of ..... amount of rs, 97,882 received by them as profits and gains of the business carried on by them as managing agents of a certain company, and (2) whether under the provisions of section 10 of the act, or under any other provision of law, the assessees are entitled to have a deduction from their income liable to tax of the amount .....
Tag this Judgment!Court : Mumbai
Reported in : [1979]118ITR716(Bom)
..... any work or building or for provision of any plant but also where interest is paid on share capital which has been raised as contemplated by s. 107 of the indian companies act, 1913. 12. in this view of the matter, the question referred must be answered in the affirmative and in favour of the assessee. assessee to get the costs of ..... motion has been taken out requiring the tribunal to refer the first question to this court. it is clear that, in view of the provisions of s. 107 of the indian companies act, 1913, the first question does not arise at all because s. 107 in terms provides for payment of interest on the share capital as is for the time being ..... is important is that in order to decide the question before it the supreme court has taken the aid of s. 208 of the companies act, 1956, which is a provision analogous to s. 107 of the indian companies act, 1913, under which in the instant case the issue or ordinary shares was sanctioned by the government of india. after referring to the .....
Tag this Judgment!Court : Mumbai
Reported in : [1968]67ITR449(Bom)
..... on behalf of the department. 61. some reference was made in the arguments to the definition of 'manager' in the old companies act and to the new definition of 'managing director' in the present indian companies act to speed out the powers of control. we do not think that we need go into those definitions upon the view that we ..... and within the time limited by those sections.' 15. in delhi cloth and general mills co. ltd. v. income-tax commissioner delhi, again a case under the indian income-tax act - (section 66a was there being considered) - the principle was thus stated by lord blanesburgh at page 425 : 'the principle which their lordships must apply in dealing ..... indian income-tax act or any other fiscal enactment, it could only be by a written order, but no such order has been placed on record. therefore, the allegation remains completely unsubstantiated and we cannot accept the statement that some such order was passed. apart from this, there is nothing before us to show that the company .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1940Bom252; (1940)42BOMLR491
..... to all citizens is not and cannot itself form the basis of a cause of action. this distinction- has been clearly pointed out in appavoo chettiar v. the south indian railway company : air1929mad177 in the following words (p. 271) :-in the present case the mistake of law is a mistake as to the general law in british india-a law ..... parvateppa v. hubli municipality : air1937bom491 . in my opinion it is not necessary to decide this point.2. the contention of the respondents that article 96 of the indian limitation act applies is unsound. the claim in the plaint is based on the fact that the levy of the tax was illegal. the recovery of such payment falls under ..... article 62 of the indian limitation act. in suryajirao v. sidhanath : air1925bom435 the court of wards representing the estate of the minor jahagirdar served a notice on the plaintiffs to pay a higher assessment. .....
Tag this Judgment!Court : Mumbai
Reported in : [1994]209ITR691(Bom)
..... in india'. we do not find any force in the above submission of learned counsel for the assessee. the expression 'indian company' has been defined in section 2(26) of the income-tax act, 1961, to mean 'a company formed and registered under the companies act, 1956 (1 of 1956).' the above definition clearly goes to show that the legislature by the use of the expression ..... 'indian company' really intended to mean 'companies which are registered in india' and not 'companies which are carrying on business in india'. if we take .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1928Bom421; (1928)30BOMLR970; 113Ind.Cas.511
..... of this notice. the plaintiffs appeal.13. it is contended that the notice as necessary under section 11 of the indian railways act having been given and the suit having been already instituted against the railway company the addition of the secretary of state does not necessitate a now suit. reference is made to order xxii, rule 10 ..... served upon government was sufficient to satisfy the requirements of section 77 of the indian railways act. but the present case is the converse of that and it does not follow that a notice served upon the railway company under section 77 of the indian railways act, which refers to claims and not to suits, could be held to be ..... 80 of the civil procedure code.10. besides, notice is necessary under section 77 of the indian railways act, in respect of a claim to the refund or compensation specified in section 77, and is not necessary in respect of other claims against the railway company. but a notice under section 80 is necessary in a suit against the secretary .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1919Bom126; (1919)21BOMLR779
..... ; it therefore lies on the plaintiffs under section 103 of the indian evidence act to give proof of the fact. this they have not done and no question is reached of robbery from a running train.5. this conclusion accords with the decision of the allahabad high court in east indian railway company v. nathmal behari lal i.l.r(1917) all 418.6. ..... sold by an inhabitant of mitali four miles on the surat side of ankleshwar. he was convicted and sentenced but at the trial there was no finding that any railway servant took any part in the theft of the cloths. under the risk note, in consideration of a special reduced rate being charged, the consignor agreed to hold the ..... as to the terms of the risk note.4. in the absence of proof of wilful neglect or theft by the railway servants the administration is to be held free from responsibility. if, however, neglect or theft by railway servants is proved the administration will escape liability for loss if proof is given of robbery from a running train etc. .....
Tag this Judgment!Court : Mumbai
Reported in : (1929)31BOMLR1144
..... respect of three matters shown in these balance-sheets, the directors and other accused had made wilfully false statements, in contravention of section 282 of the indian companies act. all the three points have been discussed at considerable length in the learned presidency magistrate's judgment, and have also been considered in the judgment just ..... of these arrears, is omitted.6. now, the answer is this, that in november 1926 a scheme shamdas4ni was approved by the court under the indian companies act, on one construction of which the rights of the original preference shares were extinguished and rights of a different character established. the clause which the learned ..... the balance-sheet for the year ending march si, 1926, there were entered certain arrears of cumulative preference dividends as required by section 132 of the indian companies act and form in the third schedule, but that when one comes to the balance-sheet for the year 1927, this item is omitted, consequently, he says .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom469; (1933)35BOMLR998; 147Ind.Cas.362
..... to endless litigation, and he would never be safe in dealing with the property of the deceased.' it must also be remembered that under section 296 of the indian succession act when the grant is revoked, the person to whom the grant was made has to return it to the court which made the grant. counsel for the ..... court on its original side can grant; but they depend upon the revocation of the probate. unless probate is revoked for 'just cause' under section 263 of the indian succession act, the court cannot give a declaration that the will is null and void, that the plaintiffs are the heirs of the deceased, and that the estate should be ..... exercise of its probate jurisdiction, or the testamentary and intestate jurisdiction, is a judgment in rem under section 41 of the indian evidence act and is filial, until it is set aside. section 273 of the indian succession act lays down that probate shall be conclusive as to the representative title against all debtors of the deceased, and probate granted .....
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