Court : Mumbai
Reported in : (1987)IILLJ266Bom
..... of the general managers of constituent units; the authorisation to raise the amount of the company's capital and the terms and conditions thereof; the approval of the company's five year and annual plans of development and its capital budget : the approval of the company's revenue budget where there is an element of deficit which ..... with foreigners, foreign missions, etc. by reason of clause (i) of sub-rule (d) thereof the company's officers shall not stay as guest of foreign nationals in india. mr. singhvi contrasted the provisions of clause (i) with those of clause (ii) which provides that officers should not wholly or partly let out or ..... share with foreign nationals their residential accommodation without the prior permission of the competent authority. mr. singhvi submitted that clause (i) was arbitrary and officers were put to great hardship.10 .....
Tag this Judgment!Court : Mumbai
Reported in : (1908)10BOMLR907
..... is true if proper access is provided and shop building is not contemplated on the frontage, but that entails a considerable diminution of front land, and further the plan that was shown to us of these five plots revealed a quantity of back land which appeared to have been rendered practically useless. at any rate there was no ..... of construction of buildings in esse from-the capitalised value of actual rents received must, we think, be regarded as including builder's profits, which will depend on the capital, skill and experience at his disposal; it is therefore an unknown quantity and has no necessary connection with the 'market value of the land', which is the figure ..... reason high, and, in the other case, out of all reason low. the whole process of calculation, long and elaborate as it is, never moves out of the region of unverified hypothesis; the initial uncertainty increases at every step; and the final result is, in our opinion, devoid of any real probative force whatever. in proof of .....
Tag this Judgment!Court : Mumbai
Reported in : 2Ind.Cas.701
..... , according to the religion he professes: but a parsi he always must be. the word zoroastrian simply denotes the religion of the individual: the word parsi denotes his nationality or community, and has no religious significance whatever attached to it. to my mind, the distinction between the two terms, zoroastrian and parsi, is most clearly denned when ..... conveyed another piece of land also to the trustees. this they subsequently exchanged for property 25thly described in exhibit it. this piece of land is marked u on the plan, exhibit no. ft, and must fall in the same category as the other properties bought from fund no. 26.91. the 24thly described property in exhibit u ..... servant, goes to the house of the dead, only to find that his request is, with many explanations and excuses, refused. the bodies of persons who have suffered capital punishment, the bodies of suicides, and the bodies of people on whom post-mortem examinations are held, are supposed to be contaminated and not fit to be put .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom538; (1925)27BOMLR1130; 90Ind.Cas.695
..... for the acquisition under the land acquisition act of the property bearing n. s. no. 3607 at mazagaon and dock yard roads shown in crimson colour on the accompanying plan marked j. m. f. /36o7 (in duplicate) in connection with its development as a municipal estate comprising a school, a play-ground, quarters for municipal servants ..... an opportunity not only for the construction of school accommodation but for development as quarters for municipal servants and the provision of a public park. i attach a plan no 67 of august 12, 1920, showing the existing site already acquired for the primary school, and mr. maokison's proposed development i do not think that ..... the ground floor premises being occupied by municipal servants would be that the return on the capital outlay would be less. it is really a matter of administration for the corporation to decide, when the land has been acquired and the plans for providing quarters for municipal servants have been made out, whether a certain portion of .....
Tag this Judgment!Court : Mumbai
Reported in : (1936)38BOMLR1058
..... dealing with brijlal's explanation of the books. i cannot, therefore, spell out from the entries by themselves any implied agreement to pay interest in the capital accounts before dissolution.23. it was next argued that the 1st defendants were precluded from contending that the plaintiffs were not entitled to such interest by reason ..... the next witness, dwarkadas. bhimraj, stated in his examination-in-chief that plaintiff no. 1 told joharmal that interest would be paid at that rate on the capital amounts irrespective of profit or loss, and whether the mills worked or not, and after dissolution until payment. in his cross-examination he first omitted those words ' ..... the partnership accounts filed by the 1st defendants before the arbitrator mr. taraporewala in which it is alleged that the 1st defendants had themselves charged interest on their capital account at the rate of seven and a half per cent, with yearly rests up to the date of payment. the learned commissioner, however, rejected the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1945Bom402; [1945]13ITR141(Bom)
..... of their triennial valuation reports, which, in their lordships opinion, is the most reliable method of computation in the case of life insurance company.'whilst, therefore, the national mutual case affords some guidance as to the avenue of approach, it in no way decides the problem which arises in this case. if rule 8 had extended ..... alternative, as contended. if rule 8 is read by itself, when more reliable data is available, there is no difficulty in computing the income, as it was capital of being computed before the schedule was amended in 1939. one of the methods of such computation is the actuarial valuation of the indian business. it has nowhere ..... an insurance company not resident in british india. that answer compels a primary consideration of rule 8.reliance has been placed by sir jamshedji kanga on the case of national mutual life association of australasia ltd. v. income-tax commissioner, bombay presidency and aden. in that case the privy council had to consider the old rules, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1949Bom215; (1949)51BOMLR256
..... the minor girl could be enforced by her, and she could maintain a suit for damages for breach thereof by the defendant.55. [note :-the reference to the case of national petroleum co. v. popatlal : air1936bom344 in the judgment of beaumont c.j. at p. 46 of that report is a mistake for great american insurance co. v. madanlal sonulal. : air1935bom353 ..... mere fallacy to say that because a person gets the benefit of work done for somebody else he is liable to pay the person who did the work.39. in national petroleum company limited v. popatlal (1986) 38 bom. l.r. 610 it was held that where a and b enter into a contract under which a agrees to indemnify b .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR554
..... act, and is carrying on business as marine engineers and ship repairers. its registered office is in bombay and it is resident and ordinarily resident in india. its entire share capital is beneficially owned by two british companies, the p. & o. steam navigation co. ltd., and the british indian steam navigation co. ltd., whose business consists in plying ships for hire ..... arranged its business with the non-resident companies that it did not produce any profits to it, and that was because it was those companies that really owned its share capital, and that therefore the profits which it could ordinarily have made but for their close financial connection were liable to be taxed under section 42(2), and he computed the .....
Tag this Judgment!Court : Mumbai
Reported in : (1960)ILLJ89Bom
..... reads as follows :- 'the company carries on the profession of consultants regarding merchandising and advertising. in its practice as consultants, it provides the services of planning and carrying on of advertising and other sales promotion activities. the company is generally remunerated for these services on the basis of a 15 per cent commission ..... who appeared for the company has mainly relied upon a decision of the high court of bombay in special civil application no. 2789 of 1958 in the national union of commercial employees and another v. sri m. r. meher and others , and has submitted that the company carries on the profession of consultants ..... definition given in the same dictionary is : 'systematic labour or habitual employment; especially human exertion employed for creation of value regarded by some as species of capital or wealth, labour.' in its ordinary meaning 'industry,' therefore, imports the conception of co-operation between the employer and the employed. in order that an .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1964Bom200; (1963)65BOMLR627; ILR1963Bom478
..... never properly be permitted to defeat the object for which the attorney's office exists as a party of the larger plan of public justice.'33. as lawyers are officers of the court, advertising practising would not only lower the whole tone ..... which a business, trade or profession is carried on. the petitioner has also relied on another decision of the supreme court in national union of commercial employees v. m. r. meher, industrial tribunal : (1962)illj241sc , in this case the question that fell ..... legal and the medical professions, because they are not carried on in any intelligible sense by the co-operation of capital and labour and do not come within the sphere of industrialism.'21. by extending the process of reasoning the petitioner ..... an important point of interpretation, under the bombay shops and establishments act, 1948. this act has been made applicable to vidarbha region by the extension and amendment act 1960, applying the provision of this act all over the state of maharashtra.2. the .....
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