Judgment Search Results Home > Cases Phrase: principal interest taxes and insurance piti Sorted by: recent Court: mumbai Page 1 of about 1,718 results (0.097 seconds)

Blue Coast Hotels Limited Vs. IFCI Limited

Court : Mumbai

..... payable under the mortgage-deed or under this act, and the cost of executing necessary or proper repairs directed ..... to the application of insurance money, the receiver shall apply all the money received by him as follows, namely,- (i) in discharge of all rents, taxes, land revenue, rates and outgoings whatever affecting the mortgaged property; (ii) in keeping down all annual sums or other payments, and the interest on all principal sums, having priority to the mortgage in right whereof he is receiver; (iii) in payment of his commission, and of the premiums of fire, life or other insurances, if any, properly ..... in writing by the mortgagee; (iv) in payment of the interest falling due under the mortgage; (v) in or towards .....

Central Warehousing Corporations Government Undertakings Vs. the Board ...

Court : Mumbai

Reported in : 2008(3)ALLMR612; (2008)110BOMLR912; 2008(4)MhLj190

..... there are serious controversies between the parties on different issues which can conveniently and appropriately be adjudicated by the high power committee in the interest of all concern and such an approach would also be in consonance with the law settled by the supreme court in ..... or a public corporate sector including all its departments to approach the high power committee constituted to examine the matter from all aspects and to grant its permission to the parties to approach the court of law or litigate for their grievances before the court of competent ..... the plea that the notices of termination dated 24.12.2005 and 21.12.2006 were not proper, the correctness of the amounts claimed either by way of rent, penalty and/or interest were denied and it was stated that the said amounts are exorbitant and without any basis. ..... the above narrated principles, it is clear that dispute of the very kind between the government and/or its various public sector undertakings were referred to the high power committee and even matters pending before the courts were directed to be referred for conciliation before the committee. ..... the supreme court has laid emphasis on a definite need for approaching this committee to avoid frivolous litigation and also to ensure that no public time and money is wasted on matters which could amicably and reasonably be settled or reconciled by the committee by exercising its power in terms of the above law ..... board, direct taxes and anr. ..... insurance corporation of india and .....

Royal Western India Turf Club Ltd. Vs. the Municipal Commissioner

Court : Mumbai

Reported in : (1963)65BOMLR742

..... account of tenant's rates and taxes and the annual average cost of the repairs and renewal and insurance of the buildings of the stations and of plant, as necessary to maintain them in a state to ensure the above receipts-this would in our view have no reference to such repair charges and other charges which are to be borne by the landlord under the statute here as well as in england-then a sum on account of the renewal of the whole of the mains, and the balance which remained ..... is the rent at which the hereditament may reasonably be expected to be let from year to year, free of all usual tenants rates and taxes and deducting therefrom the probable average annual costs of the repairs, insurance and other expenses, necessary to maintain them in a state to command such rent. ..... ; from the residue a tenant's share is subtracted, a hypothetical sum which represents what the tenant might reasonably be satisfied with for his 'profits', which will include interest on capital remuneration for his industry and compensation for risk; and the residue will be the landlord's share of rent.he made it clear that he was not proposing to restate the judicial definitions of the profits basis but was merely ..... was deducted the tenant's profits and interest on capital which the court ..... the gross receipts is ascertained, and from such amount are deducted the expense of earning such receipts, the deductions provided for by statute, interest on tenants capital and the estimated amount of tenant's profit .....

The New India Assurance Co. Ltd. Vs. Hussain Babulal Shaikh and Others

Court : Mumbai

..... is that it has satisfied the award of the tribunal by depositing a cheque of an amount of rs.3,23,502/- towards the principal amount, after adjusting no fault liability amount already paid and rs.1,26,918/- towards the interest part, after deducting of tax at source (tds) as per the provisions of section 194a(3)(ix) of the income tax act,1961. ..... division bench has interpreted section 194a(3)(ix) of the income tax act and has laid down a detailed guidelines to be followed by the insurance companies for deduction of tds in payment of the award amount, and the effect is that the award amount stands reduced ..... bhoyabhai haribhai bharvad (supra) wherein though the insurance company tried to assert the proposition on clause (ix) and (ixa) of sub-section (3) of section 194a of the income tax act (inserted with effect from 1.6.2015 by finance act,2015 substituting clause (ix)), the division bench however following the law laid down in the case of smt.hansagauri prafulchandra ladhani (supra) and confirming the interpretation as held therein wherein in a similar situation the ..... ladhani, 2007 acj 1897 (gujarat), shall be followed in the present case and in all similar cases arising in future before the motor accidents claims tribunal: (i) the insurance companies or the owners of the motor vehicles depositing the amounts in compliance with the awards of the motor accidents claims tribunal shall: (a) first spread the interest amount over the relevant financial years for the period from the date of .....

Somaiya Organo-Chemicals Ltd. Vs. The Commissioner of Income Tax Bomba ...

Court : Mumbai

..... 3a reads as under: sub-section 3a: notwithstanding anything contained in sub-section (1), but without prejudice to the provisions of sub-section (2b) or sub-section (3), where the aggregate expenditure incurred by an assessee on advertisement, publicity and sales promotion in india exceeds forty thousand rupees, so much of such aggregate expenditure as is equal to an amount calculated as provided hereunder shall not be allowed as a deduction, namely: (i) where such aggregate expenditure does not ..... observed that the task of interpretation of a statutory enactment was not a mechanical task; it was an attempt to discover the intent of the legislature from the language used by it; and the language being at best an imperfect instrument for expression of human thought, the statute would have to be interpreted having regard to the purpose or object which the statute sought to ..... and in the circumstances of the case, the appellant tribunal was justified in holding that the insurance claim of rs.4,17,472/- received from the insurance company on account of loss of stocks-in-trade and other goods due to fire was the assessee's business income liable to tax ..... the court held that this condition safeguarded the interest of the revenue inasmuch as had the change been sanctioned on the footing that the previous year of the assessee in relation to the current assessment year would be the period of 12 months from 1 ..... this question relates to disallowance of interest paid to the current account of the .....

The Chief Controlling Revenue Authority and Another Vs. M/s. Reliance ...

Court : Mumbai

..... matters : (i) the transfer to the transferee company of the whole or any part of the undertaking property or liabilities of any transferor company ; (ii) the allotment or appropriation by the transferee company of any shares, debentures, policies, or other like interests in that company which, under the compromise or arrangement are to be allotted or appropriated by that company to or for any person; (iii) the continuation by or against the transferee company of any legal proceedings pending by or against any transferor ..... transaction of (development agreement) sale, mortgage or settlement (1) where, in the case of any development agreement, sale, mortgage or settlement, several instruments are employed for completing the transaction, the principal instrument only shall be chargeable with the duty prescribed in schedule-i for the conveyance, (development agreement) mortgage or settlement, and each of the other instruments shall be chargeable with a duty of (one hundred rupees) instead of the duty (if any) prescribed for it in that schedule. ..... the court in that judgment also referred to the english judgment in sun alliance insurance's case : (1971) 1 all er 135 and observed it was further held that the order of the court was liable to stamp duty as it resulted in transferring the property and that the order of the court which results in transfer of the property would be an instrument as it ..... 248 the parliament can only impose that tax which is not mentioned in either list iii .....

ICICI Bank Limited Vs. Unimers India Limited and Others

Court : Mumbai

..... (c) take possession of trust property in accordance with the provisions of the trust deed; [26][(ca) supervise the implementation of the conditions regarding creation of security for the debentures and debenture redemption reserve, wherever applicable;] (d) enforce security in the interest of the debenture holders; (e) do such acts as are necessary in the event the security becomes enforceable; (f) carry out such acts as are necessary for the ..... an application before the debts recovery tribunal or the appellate tribunal or any court or other authority for the purpose of substitution of its name in any pending suit, appeal or other proceedings and on receipt of such application, such debts recovery tribunal or the appellate tribunal or court or authority shall pass orders for the substitution of the securitisation company or reconstruction company in such pending suit ..... bench referred to definition of secured creditors appearing in section 2 (zd) of the securitization act which reads thus: (zd) secured creditor means any bank or financial institution or any consortium or group of banks or financial institutions and includes (i) debenture trustee appointed by any bank or financial institution; or (ii) securitisation company or reconstruction company, whether acting as such or managing a trust set up by such securitisation company or reconstruction company for the ..... regulations referred to above, even the insurance companies or body corporate can be debenture ..... made principally to secure .....

Shivram Mahadev Shinde (Decd.) by Kusum Shivram Shinde and Others Vs. ...

Court : Mumbai

..... allahabad high court held that a person who is in possession of land without title has, while he continues in possession and before the statutory period has elapsed, a transmissible and inheritable interest in the property, but that interest is liable at any moment to be defeated by the entry of the rightful owner and if such person is succeeded in possession by one claiming through him who holds till the expiration of the statutory period, ..... appointing security guards on the northern side portion of the suit properties; (ii) temporarily preventing the petitioners and their security guards and other persons claiming through the petitioners from entering the northern side portion of the suit properties; and (iii) taking steps to carry out development and construction work on the northern side portion of the suit properties; thereby violating the order passed by this ..... held that the burden is on the defendant to establish that he was in adverse possession for 12 years before the date of the suit and for computation of this period, he can avail of the adverse possession of any person or persons through whom he claims but not the ..... while dealing with the issue of compensation and proof of insurance policy, the division bench held that mere production of the policy without getting it admitted in evidence in accordance with law would not enable the insurance company to place any reliance on ..... that only by obtaining ration card and the house tax receipts, the appellant cannot strengthen his .....

Premier Road Carriers Limited Vs. Siemens Limited

Court : Mumbai

..... it is necessary also to note that the petitioner has chosen not to disclose the fact that the company had already commenced arbitration and there was a dispute between the petitioner and the company for which the company was making a claim for an amount much more than what the petitioner's claim was. ..... since it is an admitted fact that there is already an award in favour of the company, the dispute must be held to be a bona fide dispute and, consequently, it must be held that the company had a reasonable cause for not making payment of the decree to the petitioners and further that the company was not negligent within the meaning of s.434(1)(a) of the companies act, 1956, in not making payment of the amount on receipt of statutory notice. ..... the respondents' insurance claim was rejected and hence the respondent demanded the amount from the petitioner which was not paid. ..... the company's defence is that the petition is filed as a counter-blast to the respondents' claim in arbitration where the respondent had claimed a sum of rs.5,55,62,526.30 along with interest @ 18% from 19.12.2010 until payment and/or realization. ..... admittedly, 67 invoices equivalent to principal amount of rs.33,44,185/- is time barred though it is the case of the company that 97 invoices are time barred. 2. ..... the status of this arbitration is, there is an award against the petitioner wherein the petitioner has been directed to pay to the company a sum of rs.3,61,83,472/- plus interests and cost of rs.30,00,000/-. 4. .....

United India Insurance Company Ltd. Vs. Manjari Dilip Chunekar and Oth ...

Court : Mumbai

..... the amount of rs 50,000 paid by the insurance company under section 140 shall be deducted from the principal amount as on the date of its payment, and interest would be recalculated on the balance amount of the principal sum from such date." 34. ..... the learned counsel for the appellant has impugned the aforesaid judgment and award on several counts- (i) that the issue of negligence has not been proved; (ii) that the last income tax return filed by the deceased for the year 1996-97 ought not to have been considered, as the same was filed after the demise of the deceased; (iii) that the income of the deceased has not ..... in view of admitted position that the said acknowledgment for filing income tax returns are public documents and the said acknowledgment only mentions the taxable income of the assessee/deceased. ..... as far as the contention of the learned counsel for the appellant, that the income tax documents were merely marked as articles and the contents thereof were not proved, is devoid of merit, inasmuch as, the respondent claimants had produced mr. ..... been properly calculated by the tribunal, keeping in mind the pronouncements of the apex court in that regard and has erroneously come to the conclusion that the deceased .....