Court : Mumbai
Reported in : 1992(3)BomCR256; [1992]195ITR810(Bom)
..... order to understand the aforesaid controversy, it is desirable to go through certain facts of this case. 3. the petitioners in this case are a company incorporated under the companies act, 1956. the petitioners are exporting iron ore to foreign countries, more particularly to japan. the petitioners entered into agreements for sale of iron ore with ..... (mad) and contended that, in the aforesaid case, the applicability of rule 115 of the income-tax rules, 1962, was challenged for converting ceylon currency into indian currency and the madras high court had rejected the arguments advanced by the petitioners. in the said case, the assessee, an individual, had income in india as ..... , 1983, the petitioners have received various payments on different dates and the petitioners have paid tax on the actual income they received from the bank in indian currency. it is also contended on behalf of the petitioners that, in fact, the petitioners received the money on various dates at the rate of foreign .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)BomCR94; (2008)110BOMLR328; 2008(3)MhLj214
..... c.l. pangarkar, j.1. this first appeal is preferred by ambika construction company - a contractor with indian railways. the appeal is preferred by the said appellant being aggrieved by the modification of award by the district judge, which was passed by the arbitrators. 2. ..... matter was referred to the arbitrators. the arbitrators passed an award. being aggrieved by that order passed by the arbitrators, the indian railways i.e. the respondent preferred an application under section 34 of the arbitration and conciliation act, 1996 before the learned district judge. the learned district judge modified the award, in as much as, he disallowed the claim ..... the court to take upon itself the task of being a judge of the evidence before the arbitrators. the petitioner also contended that under section 73 of the contract act actual purchase of goods is not at all necessary. the petitioner sought to place reliance on the decision of the supreme court in murlidhar chiranjilal v. harishchandra dwarkadas .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(2)BomCR225; (2008)110BOMLR3517
..... the central government. industries which are carried on for their own purposes by incorporated commercial corporations which are governed by their own constitutions, as authorised by the indian companies act, cannot be described as carried on under the authority of the central government. the obvious reason to support the above finding is that these corporations are ..... that the industry is not a controlled industry as defined under section 2(ee). it is neither a railway company nor a statutory corporation listed in section 2(a) of the id act. mr. verma concedes that the company is not an industry which is run by the authority of the central government. therefore, it would be ..... government in relation to any industry, it must be carried on (i) by or (ii) under the authority of the central government or (iii) by a railway company or (iv) by a controlled industry specified by the central government or (v) by statutory corporations which have been mentioned in the section. in relation to all .....
Tag this Judgment!Court : Mumbai
Reported in : (1936)38BOMLR1080
..... begins by stating what will not be included in the expression ' unregistered company ', and the excepted bodies are : a railway company incorporated by act of parliament or by an act of the governor general in council, or a company registered under the indian companies act, 1866, or under any act repealed thereby, or under the indian companies act, 1882, or under the indian companies act of 1913. if the section had stopped there, it is clear ..... that the respondent company, which is a foreign unregistered company, could not be brought within .....
Tag this Judgment!Court : Mumbai
Reported in : (1935)37BOMLR513
..... the real meaning of section 135 of the indian railways act is. all that sub-paragraph (1) does is to destroy the liability of the railway administration to pay, and in the case of these taxes, or at any rate the bulk of them, there never was any liability on the railway company to pay, because the liability was on ..... is said that that decision does not apply to the facts of this case, because the land in question was vested in the railway administration of the great indian peninsula railway. section 135 of the indian railways act, 1890, provides :--notwithstanding anything to the contrary in any enactment, or in any agreement or award based on any enactment, the ..... state to pay, that liability was restored by the notifications. therefore, it is said, this case is covered by our previous decision, and section 135 of the indian railways act has no application. on the other hand, it is argued by the advocate general that the effect of the opening words of section 135, of the provision, .....
Tag this Judgment!Court : Mumbai
Reported in : (1963)65BOMLR556; 1963MPLJ891
..... ) saw mills.' 24. according to the petitioner, a close scrutiny of the notification shows that ss. 2 to 61 of the central provinces and berar industrial disputes settlement act were brought into force from 21 ..... to 61 of the said act shall come into force on 21 november, 1947, in all the industries except the following, namely : (i) textile industry. (ii) employment in any industry carried on by or under the authority of the central government by an indian state railway or by a railway company operating an indian state railway. (iii) mines. (iv ..... . 2(a)(i) of the industrial disputes act, 1947. section 2(a)(i) is as follows : '(a) appropriate government means - (i) in relation to any industrial dispute concerning any industry carried on by or under the authority of the central government or by a railway company or concerning any such controlled industry as may .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(2)BomCR657; (2001)2BOMLR145; (2001)1CompLJ415(Bom)
..... company the registered office whereof was in burma. aden or pakistan immediately ..... is entitled 'meaning of 'unregistered company'.' section 582 of the act provides thus :'582. for the purposes of this part, the expression 'unregistered company'-(a) shall not include -(i) a railway company incorporated by any act of parliament or other indian law or any act of parliament of the united kingdom;(ii) a company registered under this act; or(iii) a company registered under any previous companies law and not being a .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3022
..... consequently, it is not necessary for us to examine various decisions of this court rendered in connection with section 80 of the cpr or section 77 of the indian railways act, 1890 to which our attention was invited by learned senior counsel, shri nariman. we may proceed on the basis that for sustaining a suit which falls within ..... defendant no. 4company was not illegal but was in conformity with the provisions of the companies act. other averments in the plaint were denied and a specific objection was taken that the suit was barred under section 69 of the indian partnership act, 1932.6. a separate reply on behalf of defendant no. 4company was filed to ..... 2005 sent by defendant no. 6. being aggrieved by this action, the plaintiff and defendant no. 2 filed a petition under section 111a of the companies act, 1956 before the company law board on different grounds including that there should be a rectification of the register of members and that the said shares belonging to defendant no. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom371; (1927)29BOMLR447
..... must remain dim to the understanding of those grappling with the subject.14. let us start then clearly with this that there was here a company duly incorporated under the indian companies act, and that this company was a separate entity from the assessee sir dinshaw petit, just as much as, say, his secretary or any other third party might be. ..... are to be conclusive except as regards errors discovered within three months. (see article 150).11. it is clear, then, that the company has to act as the assesses wills, provided the terms of the indian companies act are complied with. but here i wish to emphasize the warning which younger l. j. (as he then was) gave in inland ..... and not those of somebody else, any more than there is any reason why the contracts and engagements and transactions, say even of such a company as the london and north western railway company, should not be regarded as regular until the contrary is shown, to my mind it is strange that it should be necessary to insist upon .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)ALLMR703
..... suit no. 9 of 2002.4. the plaintiff is a company incorporated under the provisions of the indian companies act, 1956 having its registered office at mumbai. the defendant nos. 1 and 3 are the english public limited companies incorporated under the english law, whereas defendant no. 2 is an indian company having its office at mumbai.5. the plaintiff in the ..... dealing with the similar question, the supreme court in the case of hari shanker jain v. sonia gandhi, : air2001sc3689 held that under section 57(1) of the indian evidence act, 1872, the courts in india are required to take judicial notice of, inter alia, all laws in force in the territory of india. foreign laws are not ..... down by section 20 of c.p.c. the plaintiff has filed the instant suit against three companies, two of whom are based in and carry on business in the united kingdom and one of which is an indian company having its address at mumbai. alternatively, it was submitted that assuming without admitting that the instant suit .....
Tag this Judgment!