Court : Allahabad
Reported in : AIR1962All101; [1962]32CompCas925(All)
..... be noted in this connection that the words 'which apply to a simple mortgage shall, so far as may be, apply to such charge' in this section were substituted by section 53 of the transfer of properly (amendment) act, 1929 (xx of 1929) for the words 'as to a mortgagor shall, so far as may be, apply to the owner of such property, and the provisions of sections 81 and 82 shall, so far as may be, ..... , of enforcement against certain specified property or properties which answer the description of the property given in the debenture.section 109 (1) (f) of the indian companies act of 1913 lays down that every mortgage or charge created by a company after the commencement of the said act which is a floating charge on the undertaking or property of a company shall, in respect of such security, be void against the liquidator and any creditor ..... further, the debenture in question also purports to declare that on the happening of a certain contingency in future it would be open to the creditor to enforce the realization of the debt owned to him by taking steps in that regard against immovable property of the company, provided ..... the appellant the learned counsel has drawn our attention to the provisions of sub-section (1) of section 21 of the indian registration act which lays down that no non-testamentary document relating to immovable property shall be accepted for registration unless it contains a description of ..... went into liquidation, and was ordered to be wound up on the 11th of may, 1956. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2001]103CompCas199(AP); (1999)2CompLJ398(AP)
..... the question whether the respondent-company is unable to meet its current liabilities as also the contingent and prospective liabilities is a question to be decided after advertisement of the petition and during the enquiry ..... an application under sections 433(e) and 433(f) read with sections 434(1) and 439(1)(b) of the indian companies act, 1956, (for short 'the act'), for winding up the respondent-company. 2. ..... it appears that even in the absence of notice under section 434(i)(a) of the act, if the applicant proves to the satisfaction of the court that the company is unable to pay its debts, the court shall take into account the contingent and prospective liabilities of the company. ..... determining whether the company is unable to pay its debts, the court shall take into account the contingent and prospective liabilities of the company. ..... against the work done as per the contract and in addition to that it was entitled to other amounts withheld by the respondent-company against excise, provident fund contributions and value of the materials purchased but not utilised. ..... under these circumstances, merely because notice under section 434(1)(a) of the act was not validly served on the respondent-company, the application for winding up cannot be thrown out, because, as noted above, the petitioner-firm has proved the indebtedness of the respondent-company as also ..... an admitted fact that notice under section 434(1)(a) of the act was not served on the respondent-company on its registered address .....
Tag this Judgment!Court : Mumbai Nagpur
..... he submits that the said decision holds that in the absence of the pleadings and proof on the part of the employer that the employee was paid as daily wager prior to 01.11.1994 from the contingency fund of the state, the service rendered by the employee on daily wage basis prior to his regularization in service w.e.f. ..... for short) that they were being paid as daily wagers from the contingency fund, and there is no evidence brought on record to show that they were so paid, but the respondents have brought on record the evidence to show that the complainants were paid under the head 02 wages ?. 3. ..... the specific finding is recorded that the complainant in the said decision had completed more than ten years of continuous service as labour supervisor, and his salary was at no point of time drawn from the contingency fund. 8. ..... according to the industrial court, in order to count such service the complainants were required to establish in terms of note no.1 under rule 57 of the maharashtra civil services (pension) rules, 1982 ( pension rules ? ..... in complaint (ulp) no.103 of 2004 filed by the petitioners invoking jurisdiction of the industrial court under section 28 read with item 5 and 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short mrtu and pulp act ? ..... state of maharashtra and anr. .....
Tag this Judgment!Court : Mumbai
..... a copy of the maharashtra contingent expenditure rules, 1965 has also been placed on record.11. ..... shri umranikar had asked his office clerk shri sahane and told him to draw rs.36,000/- as temporary advance for his air ticket from the office funds and had taken out a cash amount of rs.17,000/- on his personnel brief case and handed over a total sum of rs.53,000/- to shri shinde in the presence of clerk shri sahane and, thereafter, shri umranikar proceeded to mumbai ..... 3091 of 2007 at the bund garden police station on 15th may, 2007 for the offences punishable under sections 7, 12, 13 (1) (a) read with section 13 (2) (2) of the prevention of corruption act, 1988 as well as sections 109 and 506 of indian penal code against shri shinde, deputy s. p. ..... buying air tickets through shri randive was not an act of any favours and it cannot be said that shri randive was forced to buy the air tickets on the assurance that he would be released on bail. ..... if shri randive was personally aggrieved by any illegal act of shri shinde, he could have resorted to appropriate legal remedies, including filing of a private criminal complaint before the competent court at pune or a writ petition before this court, about his illegal detention. ..... he believed that shri jayant umranikar was also involved in these acts of corrupt practices as well as manipulation of record. ..... the court has to act ruthlessly while dealing with imposters and busybodies or meddlesome iterlopers impersonating as public-spirited holy men. .....
Tag this Judgment!Court : Mumbai Nagpur
..... resolution or part thereof laying down rules or principles of general application requiring observance in recruitment or in fixation of seniority for government servants and duly authenticated by signature under the endorsement "by order and in the name of governor of maharashtra" and intending to be applicable straightway are or amount to rules framed in exercise of powers conferred under proviso to article 309 of the constitution of india though the same do not expressly state that they are made or issued ..... when in such matter which arises out of order passed under the maharashtra cooperative societies act, there is also dispute or challenge to validity of any of its sections or any rules or regulations made thereunder or then to any other statute, rule or regulation made under any such statute, then only such matter/ ..... such a facet or nature of challenge in a matter arising out of an order passed by quasi-judicial authorities functioning under various encactments enumerated in various entries of rule 18 of chapter xvii and directed that only in that contingency such application under article 226 or article 227 needs to be placed before division bench. ..... therefore, if challenge is to rules or regulations made under the maharashtra cooperative societies act or any other statute, the matter again need to be placed ..... 1 as an appellate authority under section 152 of the maharashtra cooperative societies act, 1960 and that appeal was preferred by present petitioner against the .....
Tag this Judgment!Court : Mumbai
..... resolution or part thereof laying down rules or principles of general application requiring observance in recruitment or in fixation of seniority for government servants and duly authenticated by signature under the endorsement "by order and in the name of governor of maharashtra" and intending to be applicable straightway are or amount to rules framed in exercise of powers conferred under proviso to article 309 of the constitution of india though the same do not expressly state that they are made or issued ..... when in such matter which arises out of order passed under the maharashtra cooperative societies act, there is also dispute or challenge to validity of any of its sections or any rules or regulations made thereunder or then to any other statute, rule or regulation made under any such statute, then only such matter/ ..... such a facet or nature of challenge in a matter arising out of an order passed by quasi-judicial authorities functioning under various encactments enumerated in various entries of rule 18 of chapter xvii and directed that only in that contingency such application under article 226 or article 227 needs to be placed before division bench. ..... therefore, if challenge is to rules or regulations made under the maharashtra cooperative societies act or any other statute, the matter again need to be placed ..... 1 as an appellate authority under section 152 of the maharashtra cooperative societies act, 1960 and that appeal was preferred by present petitioner against the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1970Bom96; (1970)72BOMLR173; ILR1971Bom222; 1969MhLJ425
..... the only restriction which has been imposed by this provision of the maharashtra municipalities act, which is similar to sub-section (3) of section 62 of the representation of the people act, 1951, is that if he votes in more than one ward then all his votes would become ..... the only bar, so far as the representation of the people act and the maharashtra municipalities act are concerned is, that if such a person whose name is included in more than one voters' list votes in more than one ward, then his votes in all such constituencies or wards shall be ..... , we do not find any specific provision either in the bombay village panchayats act or in the rules framed under the said act, just as, there is a specific provision in that respect in the representation of the people act, 1951 or the maharashtra municipalities act, 1965. ..... section 12 of the said act provides for the preparation of the list of voters and sub-section (1) states that the electoral roll of the maharashtra legislative assembly prepared under the provisions of the representation of the people act, 1950, and in force on such day as the state government may by general or special order notify in this behalf for such part of the constituency of the assembly as is included in a ward or a village shall be the list of ..... is contended that the representation of the people act makes a provision for such a contingency and that should be applied to the elections of the village panchayats under the bombay village panchayats act also. .....
Tag this Judgment!Court : Mumbai
Reported in : (1999)64TTJ(Mumbai)414
..... in two contingencies : (1) for meeting losses and (ii) when the bank was to be wound up, whereas in the case before us the maharashtra act contained no such provisions and the question whether the bank could withdraw the securities only under such contingencies did not ..... our attention to the relevant provisions of the madhya pradesh act on which the supreme court decision turned and those of the maharashtra act and pointed out that though the subject-matter of both the places of legislation was the same, there were certain material differences with respect to some provisions, such as reserve fund and its investments and the powers of the registrar with ..... reliance has been placed by the assessing officer, it has been categorically affirmed by the assessee as follows:'up to this date, no restrictions are placed on our clients by the maharashtra state government, registrar under the maharashtra state co-operative societies act or any other statutory authorities under the said act for the use of their statutory reserve fund for the purpose of their business. ..... investments do not constitute part of the bank's stock-in-trade or working or circulating capital and hence the interest is not entitled to exemption.no part of the reserved fund can be utilised by the bank as its working capital.no part of the reserve fund can be withdrawn or utilised by the bank except with the specific permission of the registrar of co-operative societies and that too, only in special circumstances.in the case .....
Tag this Judgment!Court : Mumbai
Reported in : [2000]70ITD125(Mum)
..... in two contingencies : (i) for meeting losses and (ii) when the bank was to be wound up, whereas in the case before us the maharashtra act contained no such provisions and the question whether the bank could withdraw the securities only under such contingencies did not ..... our attention to the relevant provisions of the madhya pradesh act on which the supreme court decision turned and those of the maharashtra act and pointed out that though the subject-matter of both the places of legislation was the same, there were certain material differences with respect to some provisions, such as reserve fund and its investments and the powers of the registrar with ..... reliance has been placed by the assessing officer, it has been categorically affirmed by the assessee as follows:'up to this date, no restrictions are placed on our clients by the maharashtra state government, registrar under the maharashtra state co-operative societies act or any other statutory authorities under the said act for the use of their statutory reserve fund for the purpose of their business. ..... investments do not constitute part of the bank's stock-in-trade or working or circulating capital and hence the interest is not entitled to exemption.no part of the reserved fund can be utilised by the bank as its working capital.no part of the reserve fund can be withdrawn or utilised by the bank except with the specific permission of the registrar of co-operative societies and that too, only in special circumstances.in the case .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)ALLMR281; 2007(3)BomCR527; 2007(3)MhLJ753
..... sub-rules (2) and (3) of rule 28 of the rules, prior to its amendment in the year 1984 vide notification dated 20th december, 1984, did provide for contingency to dispense with the necessity of holding enquiry against the employee involving immodest or immoral behaviour with a female or male student or employee or such other action involving ..... . we may make it clear and clarify that although we have observed that in certain extremely exceptional and compelling contingencies the school management may, in a case of grave nature of misconduct, dismiss the employee without holding an enquiry but, ordinarily, such an enquiry should not be dispensed with unless it ..... . in the aforesaid backdrop, we hold that the tribunal has a power to take additional evidence on record mainly in the contingency, when the management wants to supplement its evidence already on record, at the same time, the employee has also a corresponding right to lead additional evidence either in rebuttal or to supplement his attempt to dislodge the ..... existence of sub-rules (2) and (3) of rule 28 permitting the school management not to hold enquiry in certain contingencies mentioned therein was considered and recognised by the learned single judge of this court in the case of sindhu education ..... returning back to the provisions of the act, section 3 of the act declares that the provisions of the act 'shall apply to all private schools in the state of maharashtra, whether receiving any grant-in-aid from the state government .....
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