Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 98 voting by members Court: mumbai Page 12 of about 133 results (2.289 seconds)

Avaya Global Connect Ltd. Vs. Acit Range 7(3)

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... , the decisions of the tribunal relied upon by learned counsel for the assessee are authority for the proposition that prior to insertion of section 50b of the act in the event of transfer of business undertaking as a going concern, there was impossibility of computation of cost of acquisition, date of acquisition etc.; and ..... follows: a scrutiny of the definitions of 'apparent consideration' given in clause (b) and transfer' given in clause (1) of section 269ua of the income tax act, 1961, would unmistakably indicate that the transfer to which the provisions of chapter xx-c are intended to apply, are transfers under agreements or contractual transfers and not ..... on the first issue, which we have formulated for consideration, learned counsel for the assessee submitted that section 2(19aa) was introduced in the income tax act vide the finance act, 1999. he drew out attention to the memorandum explaining the provisions in finance bill, 1999. the relevant portion of which reads. 3. with a view .....

Sahil Resorts, Agri Fields and Farms Pvt. Ltd. Vs. Suman Resorts India ...

Court : Mumbai

Reported in : 2005(3)ALLMR641; 2005(5)BomCR155; 2005(3)MhLj1091

..... and subsequently the defendant no. 1 withdrew from the said proceedings. consequently the plaintiffs have submitted an application under section 11(6) of the arbitration and conciliation act, 1996 and the same is pending before this court. this indicates that as at present the said mou is not a subject matter of valid arbitral proceedings ..... defendant no. 1 went on receiving notices for various statutory defaults. it is also stated that on account of failure to comply with certain provisions of the companies act, 1956, none of the directors of the plaintiff-company hold their respective status as directors or the managing director as at present, and, therefore, they have ..... court below was stayed and the said order continues as at present.the plaintiff i.e. m/s.suman resorts india ltd. is a company registered under the companies act, 1956 and its directors are as under:(1) shaikh mukhtar hussain chairman (2) surendra m.khandhar managing director (3) praful m. khandhar director (4) bharti s .....

Waman S/O Bhimrao Mendhe and ors. Vs. State of Maharashtra Through P.S ...

Court : Mumbai

Reported in : (2008)110BOMLR2410

..... in vinod gulabrao kinake v. state of maharashtra (supra), the division bench of this court has considered the provisions of juvenile justice (care and protection of children) act, 2000, and in the facts, though the conviction of juvenile was maintained, the sentence awarded by the trial court including imposition of fine was set aside. in ..... reports have been regularly received from said officer and accordingly said accused needs to be given benefit of provisions of juvenile justice (care & protection of children) act, 2000. both the learned counsel have further contended that the motive has not been proved at all in the matter and the neighbours who would have been ..... was also found to be of 'o' group. according to them, when no blood was found on weapons seized allegedly under section 27 of the evidence act or when seizure of clothes from accused persons is itself not conclusively established, these circumstances are not sufficient to record finding of complicity of accused persons in the .....

In Re: Reliance Communications Limited, a Company Incorporated Under t ...

Court : Mumbai

Reported in : 2009(111)BomLR3340; [2009]94SCL219(Bom)

..... assets for purposes of grant of depreciation for any increase/decrease of liability subsequently arising due to exchange fluctuation. consequently, section 43a was introduced in the act by finance act, 1967 w.e.f. 1.4.1967 in the above terms to provide for adjustment in the actual cost of assets pursuant to change in ..... (a) of sub-section (1) of section 642 read with sub-section (1) of section 21a and sub-section (3c) of section 211 of the companies act, 1956 (1 of 1956), the central government in consultation with the national advisory committee on accounting standards, hereby makes the following rules to amend the companies (accounting standards ..... treatment proposed in the scheme for accounting purpose between the consideration and the net book value is not in line with the accounting standards prescribed by the companies act. assuming there is merit in this objection, as has been held in the case of hindalco industries limited (supra), the possibility of violation of accounting standard .....

Tulip Hotels Pvt. Ltd. a Company Incorporated Under the Companies Act, ...

Court : Mumbai

Reported in : 2010(1)MhLj73

..... . before proceeding further, i find it proper to point out how the approach has to be while deciding applications under section 11(6) of 1996 act. 1996 act clearly indicates the legislative intent to minimize supervisory role of courts to ensure that intervention of court is minimal. in shree subhlaxmi fabrics pvt. ltd. v ..... delivered earlier by this court on similar application of applicant is pointed out to show how actual holding of conciliation as per section 62 of arbitration act is found essential and how arbitrable issues can not legally surface till it is physically conducted. according to learned senior advocate shri jagtiani the scheme of ..... agreement between parties the arbitration was contemplated only after failure of conciliation held in terms of section 62 of indian arbitrationand conciliation act, 1996, hereinafter referred to as 1996 act or arbitration act. this court then left present applicants i.e. m/s tulip free to invoke said proceedings and all other contentions raised .....

Anil Tibrewala Vs. Ito

Court : Mumbai

Reported in : (2004)89TTJ(Mumbai)24

..... necessitates reopening of assessment. the other important contention urged by the learned authorised representative is that the assessee is entitled to immunity under the immunity act and it department having issued a circular assuring such immunity, it has no jurisdiction to probe into the matter, particularly in the reassessment proceedings ..... contention of the authorised representative that fera board exonerated the assessee, the learned departmental representative contends that under sections 68/69 of the income tax act, it department is not concerned with the proceedings under fera because criminal proceedings were not launched against the assessee on that basis. the assessing ..... appeals) considered the issue elaborately. he has extensively considered various judgments relied upon by the assessee and also extracted relevant text of the immunity act to highlight that the assessee is not entitled to claim immunity unless he proves that the remittance was in foreign exchange and the same was .....

Shri Laxman Yeswant Prabhudesai, Vs. Nrc Limited and ors.

Court : Mumbai

Reported in : [2010]155CompCas88(Bom)

..... the subject plot. that it was adjacent to plot no. r35 and possession of that plot was taken by the liquidator. in such circumstances, by their acts, they prevented the official liquidator from attaching and taking possession of the subject plot, thereby they prevented the court from attaching a valuable asset of the company ..... are concerned. the following reasoning is useful for consideration of the issues involved:the court can exercise the jurisdiction under section 536(2) of the companies act, 1956, of giving directions validating proposed transactions pending a petition for winding up but before the winding up order is made for the obvious reason that unless ..... winding up proceedings were questioned and the division bench considered the scope of the subsection and noticed that the principle had been borrowed from the english companies act. hence some of the english authorities were also referred to by marten, c.j., who spoke for the division bench. learned judges stated thus:now .....

Devanshi Impex P. Ltd. Vs. Commissioner of Customs (General) Mumbai

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... of excise and customs (cbec) had received references from the trade and industry regarding the difficulties faced in clearance of imported substances listed in schedule 3 of the insecticides act, 1968 that are meant for non-insecticidal purposes. the matter has been examined and the board vide letter f.no.401/101/2011-cus.iii dated 22.06.2011 ..... has issued instructions in this regard, the relevant extract of which is reproduced below section 38. exemption 1. nothing in this act shall apply to- (a) the use of any insecticide by any person for his own household purposes or for kitchen, garden or in respect of any land under his ..... are intended to be used for these purpose that are specified in the said section 38 would be outside the ambit of the provisions contained in insecticides act, 1968. the implication is that the clearance of such imported items would not be subject to the requirement of registration/import permit from cib and rc. 3. the above .....

Sooraj Aditya Pancholi Vs. State of Maharashtra

Court : Mumbai

..... relationship. she could not overcome her sentiments and her love for the applicant, for which he cannot be held responsible. he was also pursuing his career in acting and admittedly could not devote sufficient time for the deceased. there were misunderstandings between the applicant and the deceased just before she committed suicide. on the earlier ..... undergone medical termination of pregnancy. there is nothing to indicate that they had at any point of time questioned the applicant about it and the said acts were out of volition and therefore it cannot be said that the applicant had forced her to undergo medical termination of pregnancy or otherwise. the learned ..... suicide. the learned counsel for the applicant further submitted that to attract an offence punishable under section 306 of ipc, the accused should have committed an act which would connote complicity of the accused in the commission of suicide of the victim. it is further submitted that although there was a live-in-relationship .....

Narsinha N. Naik and Another Vs. the Divisional Joint Registrar Co-op ...

Court : Mumbai

..... even against property belonging to present petitioners is unsustainable. lastly it is contended that in these facts provisions of section 99 of maharashtra cooperative societies act cannot be applied and cannot save situation for respondent no.2. 11. learned counsel for petitioner has invited attention to earlier order passed in revision ..... order dated 23.1.1996 by which his appeal against rejection of membership of prashanti mangaldham society preferred under section 23 of the maharashtra cooperative societies act was dismissed. its perusal shows that the letter dated 22.10.1991 (wrongly mentioned as 22.1.1991) has been appreciated by that authority with ..... no. 4/99 in favour of present petitioner. 23. in the light of these findings when provisions of section 99 of the maharashtra cooperative societies act are seen, the said provision invalidates any private transfer of property made after issuance of certificate. such transfer statutorily is declared void against society like respondent .....