Court : Mumbai
Decided on : Aug-24-1967
Reported in : [1968]38CompCas606(Bom)
..... ordinary general meeting at which directors retire by rotation, since, at such a meeting, election of directors would be proper, correct or naturally expected.' 13. the learned judges then proceeded to consider the other argument advanced on behalf of the defendant-respondents in the said appeal, namely, that, as a matter of construction, an article ..... this stage whether or not those allegations are well-founded, but the same are sufficient for the petitioners to maintain a petition under sections 397 and 398 of the companies act. this contention of mr. nariman must, therefore, also stand rejected. 21. in the result, i make the summons absolute in terms of prayers (a), (b) ..... the petitioners filed a petition before the companies tribunal at new delhi, which has now been abolished, for reliefs under sections 397 and 398 of the companies act on the ground that the affairs of the 1st respondent company were being conducted in a manner prejudicial to the interests of the said company, and in a .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-17-1967
Reported in : AIR1969Bom77; (1968)70BOMLR517; ILR1969Bom297; 1968MhLJ441
..... name dada and two wives chandrabhagabai and bhimabai. pandurang being lunatic, proceedings appear to have been taken under the lunacy act and the manager was appointed in respect of property of pandurang. while the case was before the district judge, the property belonging to the joint family was partitioned and the son, dada, received half share in the property. ..... the view that the case was governed by section 3(2) of the hindu women's rights to property act, 1937, and therefore, confirmed the dismissal of santosh's suit in the trial court. the learned judge expressly left open the question whether the trial court was right in holding that the son acquired half share in the property ..... to the division bench for answers to the question framed by the learned judge.8. the provision of law required to be interpreted is provision of section 3 of the hindu women's rights to property act i.e. act no. xviii of 1937, as amended by central act no. xl of 1938. section 3, as amended, is as follows:'3 .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-12-1967
Reported in : AIR1968Bom294; (1967)69BOMLR843; 1968MhLJ35
..... that a man's reasonable apparent intent is taken in law to be his real intent. we cannot suppose that the present section is intended to preclude all inquiries of this king by making every receipt in fact of a thing offered by way of consideration a conclusive acceptance of the proposal.'with respect, i accept these ..... from the judgment it does not appear that the plaintiff accepted the claim conditionally. if that is so, the case must really fall within section 8. the learned judge purported to follow the earlier decision of the court observing in connection with section 8.'the language of the section is rather vague but its meaning is clear. ..... caused.yours faithfully,chief commercial superintendent..it is claimed on behalf of the union that as the plaintiffs accepted and cashed the cheques. s. 8 of the contract act applies. the plaintiffs say that section 8 may apply to cases where there is unconditional acceptance and as in this case the plaintiffs did not accept the cheques .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-22-1967
Reported in : AIR1969Bom1; (1968)70BOMLR383; 1969CriLJ105; ILR1969Bom194; 1968MhLJ620
..... the previous case should be taken to include all the items misappropriated by the accused in course of the same transaction during that period. this, according to the learned judge, was the true interpretation of section 403, because they thought that the provisions contained in section 222 of the criminal procedure code would other-wise become meaningless. with great respect, ..... there is no express provision in the code under which proceedings can be squashed in circumstances such as those before us and the inherent power of this court to act in the interests of justice has been preserved by section 561a. as held by the supreme court in r.p.kapur v. state of punjab : 1960crilj1239 the ..... it is transparent that neither section 236 nor section 237 can have any application to the facts before us, because this is not a case in which the acts attributed to the petitioner are of such a nature that it is doubtful as to which of several offences the facts which can be proved will constitute. if .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-21-1967
Reported in : (1968)70BOMLR421; 1968MhLJ452
..... be arranged according to the order of priority provided by section 27. if this rule is to be satisfied, it is evident that at that stage some inquiry is contemplated regarding claims of various persons who belong to particular category to determine the order of priorities. preparation of the provisional statement thus is not a mechanical ..... manner in which the proceedings have been continued and have been disposed of by respondent no. 2. 7. we also feel that the purpose of the ceiling act being to achieve socio-economic goal of providing land to needy persons in certain order of priori-ties, the authorities concerned are required to follow scrupulously and ..... . 2, that is, the naib tahsildar, akot, for grant of that land to persons eligible under section 27 of the maharashtra agricultural lands (ceiling on holdings) act, 1961. the original records of the proceedings before the naib tahsildar as well as the sub-divisional officer have been made available at the hearing. even though information .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-15-1967
Reported in : (1968)70BOMLR254; 1968MhLJ539
nain, j.1. this is a revision application under section 25 of the provincial small cause court act against the judgment of the additional judge, small causes court, poona, dismissing the petitioners' suit for recovery of a sum of rs, 1,340.50, being damages for loss of a consignment of coal consigned ..... and the wagon was sent to matunga and thereafter to parel and was then used up by the railway authorities. the petitioners thereafter filed in the court of the additional judge, small causes court at poona, civil suit no. 2393 of 1983 for recovery of rs. 1,340.50 as damages, alleging that the respondents had unlawfully refused to ..... : air1963pat46 .6. mr. lalit for the petitioners has, however, relied strongly on rule 118 of general rules (goods) of goods tariff part i, framed under the indian railways act and in force from january 1962. that rule reads as under:118. re-weighment of consignments at destination.-railways do not undertake to weigh consignments at destination stations as a .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-02-1967
Reported in : AIR1968Bom198; (1967)69BOMLR579a; ILR1967Bom1011a; 1967MhLJ880
..... inferior in rank to an assistant or deputy collector or a superintendent of survey, in their respective departments, may call for and examine the record of any inquiry or the proceedings of any subordinate revenue officer, for the purpose of satisfying itself or himself, as the case may be, as to the legality or ..... is that such partition 'does not . . . . . . . . .involve the rendering of any decision or the making of any order by the collector.' the learned judge, who delivered the judgment of the division bench, observed:'the appeals which are envisaged by section 203 of the bombay land revenue code being appeals which may be preferred from ..... section 3(1) of the bombay land revenue code. according to that definition, 'revenue officer' means'every officer of any rank whatsoever appointed under any of the provisions of this act, and employed in or abut the business of the land revenue or of the surveys, assessment, accounts, or records connected therewith. . . . . . . . . . . . .'according .....
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