Court : Mumbai
Reported in : [1974]95ITR476(Bom)
..... therefore, not sustainable in view of the higher authority of the privy council in chhatra kumari devi's case to which i have just referred. section 58 of the indian trusts act was relied upon before us as showing that the beneficiary has an interest in the trust property, but that section only provides that the beneficiary can 'transfer his interest ..... supreme court in the case of commissioner of income-tax v. b. m. kharwar in which the facts were that a firm transferred its machinery to a private limited company in the share capital of which the partners of the firm had the same interest as they had in the assets and profits of the firm. the income-tax ..... of transfer itself was dispensed with, or that any transaction which was not a transfer was fictionally regarded as amounting to a transfer. in the case of barsi light railway co. ltd. v. joglekar the question which arose was whether the termination of the services of all workmen on account of a bona fide closure of business amounted to .....
Tag this Judgment!Court : Mumbai
Reported in : (1883)ILR7Bom139
..... the mortgage had been foreclosed. the district judge has held that the reference by the sadar amin to the copy of the foreclosure decree is, under section 63 of the indian evidence act, sufficient evidence of the contents of the original decree. we should have been glad if we could have come to the same conclusion; bat it seems to us clear ..... copy of a document, the original of which the person making the statement has not seen, cannot be accepted as an equivalent of that which section 63 of the evidence act renders admissible, namely, an oral account of the contents of a document given by some person who has himself seen it. as to chitramal's statement (exhibit no. 46), it .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1991Bom111; 1990(3)BomCR452
..... company incorporated under the indian companies act no. vii of 1913and are engaged in the business of manufacture and sale of tooth paste, cosmetics and toilet preparations. the petitioner no. 2 was incorporated in the year 1937 as a private company limited by shares. subsequently, in the year 1978, it was converted into a public limited company ..... and 60% of its capital is held by indian ..... cosmetics and toilet preparations. the petitioner no. 2 is an indian company for the purpose of both the industries (development and regulation) act, 1951 and the foreign exchange regulations act, 1971. the petitioner no. 2 are not a company to which part 'a' of chaper iii of the monopolies and .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR367
..... .10. the accused appealed to the high court.batchelor, j.11. the appellant in this case, chhotalal babar, has been convicted under sections 467 and 109 of the indian pencil code of the abetment of the forgery of a valuable security, namely, a khata. the allegation is that employing the services of a professional forger, named somnath, ..... conspiracy to murder but for actual murder, though laid with an averment of conspiracy.' moreover it appears to me dangerous to rely upon english precedents based upon english acts, where the language and object may be quite different. i accordingly think that i must confine my attention to the provisions of the penal and criminal procedure codes ..... of abetment. in order to constitute the offence of abetment by conspiracy, there must be & combining together of two or more persons in the conspiracy, and an act or illegal omission must take place in pursuance of that conspiracy and in order to the doing of that thing. vide second clause to section 107 of the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1979Bom130; (1978)80BOMLR250
..... before us, who were the 3rd respondents to the misc. petition, are the union of india.6. the petitioners are a partnership firm registered under the indian partnership act. on 8th august 1961 the petitioners were granted a licence valid till 28th february 1962 for the import of galvanised plain sheets. the petitioner's case is ..... xxx xxx xxx (d) any goods which are imported or attempted to be imported or are brought within the indian customs waters for the purpose of being imported, contrary to any prohibition imposed by or under this act or any other law for the time being in force; xxx xxx xxx' (underlining supplied). 11. section ..... first column of the following schedule shall be punishable to the extent mentioned in the third column of the same with reference to such offences respectively:offencessection of this act to which offence has referencepenalties. ......... ...... ......... ...8. if any goods tbe importation or exportation of which is for the time being prohibited or restricted by .....
Tag this Judgment!Court : Mumbai
Reported in : (1968)ILLJ187Bom; 1967MhLJ1008
..... highly individualistic character requiring the personal skill, intelligence and integrity on the part of a chartered accountant. the company law requires that the accounts of a company should be audited by auditors. section 226 of the companies act, 1956, lays down the qualifications and the disqualifications of auditors. under that section, an auditor will not ..... as an auditor without fear or favour and audit the accounts of the company in such a manner that the shareholders get a correct picture of the financial position of the company. punishment is also provided under s. 233 of the indian company law if the auditor's report is made otherwise than in conformity with ..... the requirements of ss. 227 and 229 of the act. in other affairs, also relating to companies a chartered accountant plays a very vital role .....
Tag this Judgment!Court : Mumbai
Reported in : [1975]101ITR370(Bom)
..... at by excluding the proportionate management expenses should be deducted depended upon the proper construction of rule 1(viii) under the first schedule to the companies (profits) surtax act, 1964. under rule 1 it has been provided that in computing the chargeable profits of a previous year, the total income computed for that ..... year under income-tax act shall be adjusted in the manner specified and under rule 1 certain items are deemed to be excluded is item (viii), which runs as follows : '(viii) income by way of dividends from an indian company or a company which has made the prescribed arrangements for the declaration ..... reliance was placed by the tribunal pertain to the provisions contained in the income-tax act, 1961. but since the expression that fell for construction in those two decisions is admittedly the same as occurring in the companies (profits) surtax act, 1964, there is no reason why different interpretations on these words should be placed .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)ALLMR370; 2008(3)BomCR141; 2008(2)MhLj281
..... cassette was in fact issued to the petitioner by the election commissions office. but this is not sufficient. a public document need not be proved under the indian evidence act. however, it must be brought on record as evidence. it must be admitted in evidence as a certified copy of the original before any presumption can be ..... the original speeches. the submission of the learned counsel for the petitioner, that the vhs cassette is a public document as defined under section 76 of the indian evidence act, cannot be accepted. there is no evidence to indicate that the vhs cassette was obtained from the election commission. the petitioner who examined himself has not adverted ..... note of the infringement. instruction 13.5 for the conduct of elections indicates that in pursuance of rule 93(2) framed under the act r/w section 76 of the indian evidence act, the election commission has directed that a vhs cassette recording of speeches may be made available for inspection or a certified print may be .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom210; (1950)52BOMLR799; ILR1951Bom17
..... stationed in the state of bombay are liable to be transferred elsewhere. that argument equally applies to other all india services like the railways, post and telegraph, income-tax, indian administrative service, etc. we could have well understood if the legislature had applied the test of temporary residence. in that case, ..... or capricious. the inequality produced in order to encounter the challenge of the constitution must be actually and palpably unreasonable and arbitrary. in west coast hotel company v. parrish (1936) 800 u. s. r. 379 the supreme court was considering a state statute authorising the fixing of reasonable minimum wages ..... restriction is not reasonable. the same argument applies to medicinal and toilet preparations containing alcohol, therefore, we hold that to the extent which the prohibition act prevents the possession, use, and consumption of non-beverages and medicines and toilet preparations containing alcohol for legitimate purposes the provisions are void as offending .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1944Bom313; (1944)46BOMLR621
..... three sections 56, 60 and 62 deal with the registration of certain documents executed by an agriculturist before a village registrar. the dekkhan agriculturists' relief act is an act of the indian legislature, though mtended for the benefit of the agriculturists of this province. the object of extending these four sections to the whole of british india ..... prove that the transaction which was expressed as a sale was in reality a mortgage. this departure from the strict provisions of section 92 of the indian evidence act is permitted to an agriculturist party to a suit to enable him to prove the real nature of the transaction provided thatsuch agriculturist or the person, ..... has now come in appeal.2. the registered sale-deed of 1902 expressly conveys the property in suit to mathuralal absolutely, and under section 92 of the indian evidence act, 1872, no oral evidence can be adduced to vary its terms except under certain circumstances, which are not alleged in this case. but the defendants .....
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