Judgment Search Results Home > Cases Phrase: indian railway companies act 1895 Court: mumbai Page 89 of about 8,876 results (0.058 seconds)

Commissioner of Wealth-tax Vs. Nirajkumar Bajaj (Huf)

Court : Mumbai

Reported in : [1992]196ITR380(Bom)

..... to us that the tribunal is right. 10. such a situation arises also in the explanation ii to rule 1d which deals with valuation of unquoted equity shares of certain companies sub-clause (i)(a) of the said explanation ii is similar to sub-clause (a) of rule 2d and clause (ii) (e) of the explanation ii is similar to ..... 's findings of facts cannot be tampered with merely for the reason that another view is possible on the same material. as far as valuation of shares in public limited company is concerned, a settled principle is that where they are quoted on a stock exchange and there are dealings in them, the price prevailing on the base date should normally ..... -sheet to be excluded for purposes of rule 2a. rule 2d (a) refers to the amounts paid as advance tax under section 18a of the indian income-tax act 1922, or under section 210 of the income-tax act, 1961 and rule 2e (b) to the 'reserves by whatever name called.' the explanation below rule 2e specifies that 'provision for any purpose other .....

Sohrab N. Tavaria Vs. Jafferali G. Padamsee

Court : Mumbai

Reported in : (1956)58BOMLR680

..... or property as a trustee. this is so in cases of agency as well as in cases of directors and promoters of companies. these cases of fiduciary relationship are mentioned in section 88 of the indian trusts act. it is very difficult, we think, to attribute fiduciary character to the relationship between the lessor and the lessee.10. ..... , it must be shown by the tenant that the amount is recoverable in law, and that necessarily involves the consideration of limitation. in the corresponding section of the indian statute, the word 'recoverable' is not used twice and so in entertaining a claim for deduction questions of limitation are wholly irrelevant. this argument, in our opinion, ..... of limitation was raised before the learned chief justice. the plaintiff in that case had paid a moiety of assessment which he was liable to pay to an indian native state, and the defendant paid the other moiety. in 1938 the state refunded the entire amount of the assessment, comprised of both the moieties, to the .....

Ashok Kelwade and ors. Vs. Vidarbha Gas Vessels Pvt. Ltd.

Court : Mumbai

Reported in : 2008(6)ALLMR253; 2008(5)BomCR18; (2008)110BOMLR2679; [2008(119)FLR347]; (2009)ILLJ83Bom

..... in the above background. it was then averred in the complaint that the reason alleged by the respondent was that there were no orders from indian oil corporation with the company and that there was financial crisis. on the contrary, new workers were engaged and those who were working were granted over time and additional ..... 18.9.1998. the seniority list was properly published. there was compliance of section 25f, section 25g and rule 81 of the industrial disputes act and rules. the respondent company never engaged 100 workers as alleged and the provisions of chapter v-b were not applicable. there was a genuine reason for retrenchment inasmuch ..... workers at the time of retrenchment because in the absence of proof there will be violation of the mandatory provisions of section 25f of the industrial disputes act, which requires payment of retrenchment compensation to a workman at the time of retrenchment. what is required is the satisfactory evidence regarding after for retrenchment compensation .....

Hindustan Petroleum Corporation Limited Vs. D.N. Vidhate and anr.

Court : Mumbai

Reported in : 2003(4)ALLMR152; 2003(5)BomCR482; 2004(1)MhLj202

..... officers from the artson engineering private limited, placed on record in the said case, also disclosed that the employee was still in the service of the said company. in the background of those facts which had come on record, it was observed that the employer had successfully discharged the burden regarding the gainful employment of ..... bench of this court in oriental containers ltd., bombay v. engineering workers' association and ors. (supra) had held that:--',..... section 17b of the i. d. act requires a workman to file an affidavit before the high court or the supreme court where the employer has preferred any proceedings against the award of reinstatement of the ..... file an affidavit to the effect that he had not been 'employed in any establishment'. hence under the proviso to section 17b of the industrial disputes act what is required to be proved by the employer is that the workman had been employed in any establishment and had been receiving adequate remuneration from such employment .....

Sujata Sanzgiry Vs. Ankush R. Naik and ors.

Court : Mumbai

Reported in : AIR2005Bom404; 2006(1)ALLMR541; 2006(2)BomCR179; 2006(1)MhLj639

..... though the right under section 53-a is a passive one, it is sufficient to be noticed under explanation ii to section 3 of the transfer of property act that the transferee being in possession, part performance may also be an additional justification for specific performance of the contract and may come under notice envisaged in section ..... with notice of such agreement and would not succeed in defeating the tenant's claim to retain possession under the protection given to him by section 53-a of the act. reference in this connection may be made to ramkrishna v. mahadei : air1965pat467 . 8. as stated by sir lawrence jenkins in baburam v. madhab chandra ilr (1913) cal. ..... title is not complete there is no room for a application of this rule; and in completing title in indian registration is necessary. when the specific relief act of 1877 came into force on 1st may that year, the registration act 3 of 1887, which came into force on 1st april, required the registration of transfers of land of the .....

Mohd. Rizwan Mohd. Isaq @ Laddowala Vs. the State of Maharashtra (at t ...

Court : Mumbai

Reported in : (2005)107BOMLR1056

..... along with other accused for offences under sections 3, 4, 5 and 20 of the pota 2002 and also under the explosive substance act, arms act, damage to public property act and the indian penal code (for short, 'the ipc'). according to the accused, during the pendency of this case, the central pota review committee (for convenience, 'the said committee') ..... 60 of the pota 2002. sections 19, 40 and 46 of pota 2002 related to the review committee. on 27/10/2003, the prevention of terrorism (amendment) act, 2003 (act no. 4 of 2004) was enacted. sections 4, 5 and 6 were added to section 60 of the pota 2002. section 7 was added on 2/1/2004 ..... entirety.'60. review committees. - (1) the central government and each state government shall, whenever necessary, constitute one or more review committees for the purposes of this act.(2) every such committee shall consist of a chairperson and such other members not exceeding three and possessing such qualifications as may be prescribed.(3) a chairperson of the .....

Damodar Mahadeo Patil Vs. Motiram Mahadeo Patil and anr.

Court : Mumbai

Reported in : 2003(1)ALLMR301; 2003(4)BomCR274

..... kaumudi' on 5-5-1999. the respondents had raised preliminary objection regarding absence of the consent of attorney general under section 15 of the contempt of courts act. in relation to the said objection, it was ruled that the written consent of advocate general to the motion for criminal contempt is mandatory and obtaining consent ..... contempt' means the publication whether by words, spoken or written, or by signs, or by visible representations, or otherwise of any matter or the doing of any other act whatsoever which, (i) scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court; or (ii) prejudices, or interferes or tends ..... the same reveal the grievance of the applicant relating to the willful non-compliance of the order of this court. section 2(b) of the contempt of court act, 1971 defines expression 'civil contempt' means willful disobedience of any judgment, decree, direction, order, writ or other process of a court or willful breach of undertaking .....

Vikram S/O Dhondu Awhale Since Deceased by Lrs. Subidrabai Wd/O Vikram ...

Court : Mumbai

Reported in : 2005(1)ALLMR172; 2005(2)MhLj507

..... erroneously held that the evidence adduced by the plaintiff cannot be taken into consideration in view of section 92of the indian evidence act.'11. from above referred grounds substantial question of law was formulated and addressed by the parties is :--whether the transaction in question is covered by ..... of the loan advanced by the defendant to the plaintiff. this case is not covered by any of the prohibitions mentioned in section 92 of the indian evidence act, inasmuch as the plaintiff has not pleaded anything contradicting, adding varying or subtracting the terms of the document. thus, the learned lower appellate court ..... whether the transaction is that of mortgage or not. (6) that the learned lower appellate court erroneously interpreted the provisions of section 92 of the indian evidence act which excludes extrinsic evidence which contradicts, varies, adds to or subtracts the terms of the written instrument which is in law required to be reduced .....

Mukesh S/O Kamalnarayan Tiwari Vs. Indian Oil Corporation Limited and ...

Court : Mumbai Nagpur

..... information. we thus have no hesitation in rejecting this contention on behalf of the corporation. shri sambre further referred to some decision taken by the oil marketing companies at the industry level whereby they have clarified that showroom should be at the location advertised. whatever be this position, we find that no such restriction ..... and should be easily accessible to general public through a suitable approach road " 4] in response to this advertisement and desiring to do business with the indian oil corporation, the petitioner made an application. in that application, the petitioner applied for distributorship at the location mouda and stated that he had a suitable showroom ..... extent of the area of operation. it is pointed out on behalf of the petitioner that the indian oil corporation have themselves replied by letter dated 26.8.2009 to the petitioner under the right to information act that for a market under the rural category, the trading area is within 15 kms. radius of .....

Vedansh Hospitality and Resorts Limited Vs. New India Co-operative Ban ...

Court : Mumbai

..... and bifr jurisdiction as contemplated under sections 15 to 21, 22 and 22a of the sick industrial companies (special provisions) act, 1985 (for short, sica act). 12 admittedly, the arbitrator was appointed under section 84 of the mscs act. the arbitrator was not appointed by consent of the parties. the learned arbitrator therefore, even otherwise ..... to recover the dues, need to be interfered with. the learned arbitrator, as recorded above, is even otherwise bound by the provisions of the arbitration act. therefore, there is no question of issuing such direction to dispose of the mortgaged, as well as, the hypothecated securities while passing the final award against ..... reference to sub-paragraphs (x), (xiii), (xvii), (xxi) and (xxiii). the initiation of arbitration proceedings is nothing but the statutory arbitral tribunal created under the mscs act. ii) m/s. paradise industrial corporation vs. m/s. kiln plastics products (1976) 1 scc 91). iii) modula india vs. kamakshya singh deo (1988) 4 .....