Judgment Search Results Home > Cases Phrase: indian railway companies act 1895 Court: mumbai Page 9 of about 8,876 results (0.082 seconds)

Spice Digital Ltd. Vs. Vistaas Digital Media Pvt. Ltd.

Court : Mumbai

..... her highness maharani shantidevi p. gaikawad (2001) 5 scc 101), cox and kings india limited vs. indian railways catering tourism corporation limited and another (2012) 7 scc 587)and in the case of rajsthanbreweries limited vs. stroh brewery company (air 2000 delhi 450). (iv) it is submitted that considering the nature of the contract entered ..... my view, at the interim stage, the arbitral tribunal while deciding application under section 17 and the court deciding application under section 9 of the arbitration act, 1996 cannot continue operation of such determinable contract or the same having been terminated otherwise it would amount to re-writing the contract. in my view ..... of this court is that whether inteirm mesures can be granted in a contract which is determinable. section 14(1)(a) to (d) of the specific relief act, 1963 are extracted as under: section 14 - contracts not specifically enforceable (1) the following contracts cannot be specifically enforced, namely:-- (a) a contract for .....

In Re: Indian Companies Act. and Sir Hormusji A. Wadia, Kt.

Court : Mumbai

Reported in : AIR1921Bom372; (1921)23BOMLR1104

..... one. the articles of association require a quorum of at least three for a directors' meeting, and article 104 is in the same terms as section 91 b of the indian companies act, and, under this article, by the operation of this section, no director can as a director vote on any contract or arrangement in which he is either directly or indirectly ..... of the register by the deletion of the names of sir shapurji b. broacha, mr. chhoi and mr. kuka in respect of 79, 60 and 61 shares respectively.2. the company was incorporated in 1902 with a share capital of rs. 7,00,000 made up of 1400 shares of rs. 500 each. two hundred of these shares were not issued ..... director is entitled to join in forming a quorum for the consideration of matters in respect of which he is not entitled to vote: in re greymouth point elizabeth railway and goal company limited. [1904] 1 ch. 32.6. the case for the respondents is that an allotment of shares is a contract and that the resolution is in effect three contracts .....

Sahebrao Kisan Jadhav and Others Vs. State of Maharashtra

Court : Mumbai

Reported in : 1992(1)BomCR423; 1992CriLJ339

..... who enters on the property of another without any right, lawful authority or an expressed or implied invitation or licence.', moris v. atchison, t. & s.f. railway company 198 kan 147. 32. what emerges very clearly with regard to the concept of criminal trespass from the various authorities is that the encroachment beyond prescribed barriers, be ..... armed with deadly weapons and under these circumstances, it is no defence for them to argue that they had not committed an act of criminal trespass. the conviction under section 447 of the indian penal code is, therefore, fully justified and is accordingly confirmed. 28. in view of the seriousness which mr. bhosale attaches ..... conclusion of the learned sessions judge that the accused assaulted the victims with the intention and knowledge that their acts would cause death is a correct finding and accordingly, the conviction under section 307 of the indian penal code will have to be upheld. 24. mr. bhosale, learned counsel appearing on behalf of the .....

P.D. Shamdasani Vs. S.M. Pochkhanavala

Court : Mumbai

Reported in : AIR1927Bom414; (1927)29BOMLR722

..... to be made, false statements in the balance-sheets and profit and loss accounts of the bank, and so having committed offences under section 282 of the indian companies act of 1913. the learned magistrate before issuing process had a notice of the complaint given to the respondents, and after taking some evidence and hearing the arguments of ..... the only question that has been raised before us is whether the statements in question as to bad debts are false, and contrary to the provisions of the indian companies act 1913, as to balance-sheets. it was eventually admitted by the bank in the proceedings before the magistrate that there were certain bad debts that might have ..... been shown in the two balance-sheets, but it is denied that the statements in question are false and in contravention of the provisions of the indian companies act. the grounds on which this contention is set up and was accepted by the lower court are shown in the following extract from the magistrate's judgment:- .....

In Re: Sir Dinshaw Maneckjee Patit Bart

Court : Mumbai

Reported in : 102Ind.Cas.49

..... 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 separate entity from the assessee sir dinshaw petit, just as much as, say, his secretary or any other third party might be. but ..... 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 assessee 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 .....

Firestone Tyre and Rubber Co. Vs. Synthetics and Chemicals Ltd. and or ...

Court : Mumbai

Reported in : [1971]41CompCas377(Bom); [1971]41ITR377(Bom)

..... be punishable with fine which may extend to five thousand rupees.' 23. sections 299 and 300 reproduce the provision of section 91a and 91b of the indian companies act, 1913, with certain changes. i have indicated by means of underlining the material difference between the old sections and the new sections. the material provision ..... that there was thus as conflict between his interest in the kilachand family and tulsidas and the private company and his duty as a director of the company. 26. section 300 of the companies act, 1956, embodies, just as section 91b of the indian companies act, 1913, did, the general rule of equity (see pratt (t.r.) (bombay) ltd., v ..... or about january 6, 1960, another partner of the firm of messrs daphtary, ferreira and diwan filed with the registrar of companies, bombay, a declaration of compliance with the provisions of the indian companies act, 1913. further, the solicitor-director has been a director of track private ltd. since 1951 and holds more than 20 per .....

Kaikhushru Nusserwanji Chandabhoy Vs. Tata Industrial Bank Ltd.

Court : Mumbai

Reported in : AIR1924Bom339; (1924)26BOMLR237

..... liquidators, who are the appellants before us, is right. i shall state briefly the reasons for my conclusion, without recapitulating the facts.14. under section 207(ix) of the indian companies act the court has the power to remove a liquidator 'on cause shown'. the expression 'on cause shown,' as used in the corresponding section of the english statute, has been judicially ..... that in the circumstances of the case he thought the presentation of that petition was improper.2. under section 207, clause (ix), of the indian companies act the court has power in the voluntary winding up of a company on cause shown to remove a liquidator. what should be the measure of 'due cause' was considered in in re adam eyton; ex ..... norman macleod, c.j.1. these are two appeals from the orders passed by kemp j. on two petitions under the indian companies act vii of 1913. the first petition was filed by the appellants, the second by the respondents in the circumstances mentioned by the learned judge at pp. 336 to .....

Mansukhlal Dhanji Vora Vs. Jupiter Airways Ltd.

Court : Mumbai

Reported in : [1953]23CompCas124(Bom)

..... avoided by the plaintiffs at any stage, and not having pressed that, he proceeded to base his arguments mainly on the construction of section 96(2) of the indian companies act. this is the issue round which the main controversy between the two parties had revolved, and i shall come to it directly, but before doing so, i may ..... i have done, and which i will nominate as 8(a), as follows: whether the contravention of section 96 (2) and section 98 of the indian companies act by the first defendant company makes the contracts void in the eye of the law? 15. the evidence led in this suit consists mainly of documents exhibited, over which there is no ..... placed on certain sections that are necessary for the purpose of dealing with the issues and the arguments advanced. section 38 of the indian companies act refers to the rectification of the register of a joint stock company, namely, where the name of any person is fraudulently or without sufficient cause entered in or omitted from the register, or .....

Commissioner of Income-tax Vs. the National Mutual Association of Aust ...

Court : Mumbai

Reported in : AIR1933Bom427; (1933)35BOMLR896; 147Ind.Cas.370

..... act; that as the company had not made a return in the prescribed form, he was at liberty to make ..... without making any deduction in respect of the expenses incurred in earning it. so that the company's case is that this sum of 3,241-14-8 is the only income taxable under the indian income-tax act.3. the learned commissioner took the view that the company ought to have made a return in the prescribed form under section 22 of the ..... with sections 3, 4 and 6, and the definitions of the words 'assessee' and 'company' in the act. reading these sections together, the plain meaning of the statute is that if a non-resident company carries on business in british india, then profits or gains are chargeable to indian income-tax under sections 3 and 4 read with section 6. but if a non .....

In Re: Vasant Investment Corporation Ltd.

Court : Mumbai

Reported in : [1982]52CompCas139(Bom)

..... latter case, the court came to the conclusion that under the old s. 153(1) of the indian companies act, 1913, which is in pari materia with the present s. 391 of the companies act, the introduction of the words 'in the case of a company being wound up of the liquidator' is intended to provide an additional and not an exclusive person who ..... they cannot maintain this application. in this connection, the official liquidator has relied upon the definition of the word 'member' under s. 41 of the companies act and the commentary on it in ramaiya's company law, 8th edn. p. 120 where it is stated that a member ceases to be a member, inter alia on surrendering his share. now, under ..... a scheme which is at ex. c to their affidavit in support of this summons for directions. there is no other provision under the companies act apart from s. 391 under which a proposal for taking a company out of the winding-up can be framed. the words used in s. 391 are very wide. they cover all arrangements which may .....