Court : Mumbai
..... that presently, the carrying on of real estate construction would be ultra-vires the objects of the company. besides, under section 17 of the companies act, 1956, an amendment of the objects requires a special resolution which in view of the provision of section 189 requires 3/4th majority of members present and voting. no ..... before the learned single judge has proceeded on the basis that what the appellants would do is to diversify the business of the company into real estate by amending the objects clause of the memorandum of association of the company. admittedly, the company had not carried on any real estate business in the past. though ..... experts in the business of construction, infrastructure and real estate, the appellants will diversify the business of the company into real estate which is commercially viable, by amending the objects clause of the memorandum of association. according to the appellants, it was no longer viable to run the business of the company as a manufacturer of .....
Tag this Judgment!Court : Mumbai Goa
..... the water which proves that the wreck was not at all removed or disintegrated. he read out the provisions of part xiii on wreck and salvage contained in the merchant shipping act, 1958, in support of his contention that there is no need to remove the wreck which lies outside the port area. he pointed out that the defendant no. ..... over the wreck. however, the above facts have not been pleaded in the written statement of the defendant no. 1. i am of the view that the amendment to the written statement therefor is necessary for the purpose of determination of the real controversy between the parties and for the ends of justice. i am also satisfied ..... on behalf of the defendant no. 2. 12. mr. afonso, learned counsel appearing on behalf of the defendant no. 1, in the first instance, submitted that the amendment to the written statement, as prayed for by the defendant no. 1 is necessary for determination of real controversy between the parties and that since evidence has already come on .....
Tag this Judgment!Court : Mumbai
..... : "subject to mumbai jurisdiction and/or if any dispute arises regarding the goods sold under this challan the same have to be referred for decision to bharat merchants chamber or arbitration under the rules of the said chamber membership no. 600." additionally clause 4 reads as under: "that acceptance of this bill/invoice overrules ..... the respondents placed reliance upon the order 41 rule 22 for code of civil procedure, 1908 and also amendment to the said provisions carried out in 1976. it is submitted that under provisions of arbitration and conciliation act, 1996, there is no express bar from the applicability of the code of civil procedure to arbitration proceedings ..... of the supreme court in case of ongc vs. garware shipping company reported in air 2008 (sc) 456. (xiii) the award rendered by the learned arbitrator was contrary to the provisions of benami prohibition act. reliance is placed on section 3 of the said act. the arbitrator proceeded to determine the issue contrary to section .....
Tag this Judgment!Court : Mumbai
..... (at para 17 pages 265 and 266). 28. on the basis of these observations, it was sought to be urged on behalf of the petitioners that the amending act of 2009, in substance, amounts to the imposition of a new levy and that the imposition of a fresh levy with retrospective effect is violative of article 14. ..... decision to exclude proportionality was a conscious decision of the state government to encourage incentives in less developed areas and to ensure dispersal of industries; -(v) the amending act of 2009 does not validate something which was done in the past nor does it effectuate an earlier intent of the legislature. retrospective effect can be given to a ..... appointed day (1 april 2005), then from the appointed day and in any other case, from the date of effect mentioned in such certificates. 13. section 5 of amending act 22 of 2009 contains a validation and savings provision which is as follows: 5. (1) notwithstanding anything contained in any judgment, decree or order of any court or .....
Tag this Judgment!Court : Mumbai
..... expansion of plant and machinery. in the aforesaid circumstances, the alternate resolution for sale of the undertaking was taken up for voting. respondent no.1 suggested an amendment viz. the offers received for the sale of the undertaking be placed before the shareholders and thereafter they should be given an opportunity to give a higher ..... pulp and paper mills pvt. ltd. was founded by appellant nos. 2 and 4, with the main object of carrying on the business of manufacturers, importers, exporters, merchants and dealers in paper, board and pulp including writing paper, printing paper, newsprint paper, tissue paper, cover paper etc. in the year 1995 the name of the appellant ..... by respondent no.1, rejected the same by majority. the said rejection of the proposal to amend resolution no.2 after application of mind, by no stretch of imagination, as suggested by respondent no.1, can be termed as an act of oppression on the part of appellants against the minority shareholders, more so when all the .....
Tag this Judgment!Court : Mumbai
..... it was in order to take care of discordant note in anil gulabdas shah v/s. state of maharashtra that the state legislature introduced the amendment to section 14 of the slum act in the year 2011 by adding words such area or before words any land within adjoining or surrounded by any such area should be acquired . ..... to such area . 26. the substantive part of sub-section (1) of section 14 before and after amendment is already quoted in paragraph 11 hereinabove. section 14 in entirety as it stood prior to amendment of 2012 (vide maharashtra act no.11 of 2012 in force from 19 june 2012) including the proviso laying down the procedure for acquisition ..... the same was unavailable. hence all the matters and notifications under section 14 of the slum act prior to amendment may be struck down as without any authority of law. 14. learned counsel for the respondents submit that the amendment to section 14 made in 2011 is merely clarificatory in nature and was possibly necessitated by the discordant .....
Tag this Judgment!Court : Mumbai
..... intended to make the existing anti-corruption laws more effective by widening their coverage and by strengthening the provisions. 2. the prevention of corruption act, 1947, was amended in 1964 based on the recommendations of the santhanam committee. there are provisions in chapter ix of the indian penal code to deal with ..... general body. 21) the question, therefore, would be as to whether the provisions of the banking regulation act which were introduced by the banking regulation (amendment) and miscellaneous provisions act, 2004 (24 of 2004) amending some of the provisions bringing into its sweep regulating control over societies which transact banking business, are attracted in ..... or illegality resulting in manifest injustice. 24. in this context, it would be worthwhile referring to the p.c. act, 1988. 25. the p.c. act is an act to consolidate and amend the law relating to the prevention of corruption and for matters connected therewith. 26. the statement of objects and reasons to .....
Tag this Judgment!Court : Mumbai
..... is not always entirely satisfactory even in the case of children who complete elementary education. 2. article 21-a, as inserted by the constitution (eight-sixty amendment) act, 2002, provides for free and compulsory education of all children in the age group of six to fourteen years as a fundamental right in such manner as ..... referred to as the specified backward classes) study, do not prevent them from attending schools and participating in school activities due to non-payment of fees/free ship/scholarship. 4. the petitioner in writ petition no.1724 of 2010 is one such private non-aided school which has also prayed for directions to the state ..... vimukta jati and nomadic tribes and special backward classes. their wards are studying in various private unaided schools in the city of mumbai and were receiving free ships/scholarships provided by the department of social welfare, state of maharashtra till 2008-09. petitioner no.6 is the association of parents from scheduled castes, vimukt jati .....
Tag this Judgment!Court : Mumbai
..... genuinely intended to honour the cheque drawn by him. the law treats such lapses induced by inadvertence or negligence to be pardonable, provided the drawer after notice makes amends and pays the amount within the prescribed period. it is for this reason that clause (c) of proviso to section 138 provides that the section shall not ..... . v.k. gururaj (1996) 7 scc 275; poonam verma v. delhi development authority (2007) 13 scc 154; saravinvestment and financial consultancy (p) ltd. v. llyods register of shipping indian office staff provident fund (2007) 14 scc 753; union of india v. s.p. singh (2008) 5 scc 438; municipal corporation, ludhiana v. inderjit singh (2008) 13 ..... or notice was sent by registered post to a correct and given address, then, the defendants/opponents own conduct becomes important. section 27 of the general clauses act, 1897 enacts a presumption. the presumption is rebuttable. it is always open for a party like the applicant before me seeking to rebut the presumption to lead .....
Tag this Judgment!Court : Mumbai
..... the owner of a vessel which had been wreaked and abandoned and the harbour authority under section 56 of the harbours, docks and piers clauses act, 1847 came up for consideration. the crystal was the ship of the appellants which sank near the approach to a harbour in the mouth of the river tyne, the wreckage of which caused obstruction ..... paid. that is neither the intendment nor the practicality of determination of such admiralty claims. 43. the title of chapter xxvi of the criminal procedure code, 1998 with the modifications of the amendment of 1973 (crpc) required consideration by the supreme court in the case of sachidanand singh vs. state of bihar 1998 (2) scc 493 following the case of gill (supra ..... with his own suit and the court is obliged not to allow the defendant who seeks to do, to do so. 51. it may be mentioned that the amendment in the cpc have been made to expedite the trials and not delay them or keep them pending. the cudgels taken up by the defendants for parties in futuro .....
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