Court : Mumbai
Reported in : [1983]54CompCas723(Bom)
..... by allotment of further shares, then, (a) such further shares shall be offered to the persons who, at the date of the offer, are holders of the equity shares of the company, in proportion, as nearly as circumstances admit, to the capital paid up on those shares at that date; (b) the offer aforesaid shall be made by notice specifying the number of shares offered and limiting a time not being less than fifteen days from the date of the offer within which the offer, if not accepted, will be deemed to have been declined; (c) unless ..... it is made on the basis of the discussions that have taken place between the advocates and the representatives of the company as also of the financial institutions. ..... if the plaintiffs had such knowledge before the abovementioned meetings dated march 27, 1980, and may 15, 1980, they would not have acted in the manner mentioned above. ..... (1949) 19 comp cas 26 (bom), it is held that other motives of the directors would be irrelevant once it was established that company was in need of additional funds and that fresh issue of shares is decided to make good these funds. ..... state of kerala : [1966]2scr828 . .....
Tag this Judgment!Court : Mumbai
Reported in : (1983)85BOMLR321
..... of the town planning act were violative of article 14 of the constitution being arbitrary and discriminatory, firstly because the absence of any time limit for sanction of the draft scheme by the government under the town planning act as against the kerala land acquisition act puts arbitrary and unreasonable restriction on the owner to deal with his land and secondly because the authority concerned has an option to acquire the land either under the town planning act or the kerala land acquisition act, the former being more onerous than the latter in so far as the owner of the ..... in ease of a civil court under the code of civil procedure, 1908.and(d) the award of the tribunal shall be deemed to he the award of the court under the land acquisition act, 1894 and shall be final.the schedule referred to in section 61 consists of 14 clauses out of which clause (2) is material for us and it is in the following terms:(2) (1) the first publication of a notice of an improvement scheme under section (1) of the nagpur improvement trust act, 1980, shall be substituted for, and have the same effect as publication in the official gazette and in the locality of, a notification under sub ..... after all for whom is a welfare state meant? .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom174
..... 22 to all sums due to the state government including royalty and rent, all amount due in or liability for under the workmen's compensation act in respect of death or disablement of an employee of the coal mine, and all sums conducted from the salary or wages of the employee for credit to any other fund established for the credit to any welfare of the employees of the coal mine but not credited to the said fund . ..... the main contention urged by shri samudra, the learned advocate for the appellant, is that after coming into force of the coal mines (notionalisation) act, 1973, the only remedy the respondents had was to prefer a claim to the commissioner of payments as contemplated by section 20 of the aforesaid enactment and that by virtue of the provisions contained in chapter vi relating to settlement of claims of creditor and also in view of s. ..... 34 of 1980, is a proprietary concern, of which shivkumar gupta is the proprietor. ..... the respondent in first appeal no.33 of 1980 m/s. ..... 34 of 1980 arises, was challenged also on the ground that the suit was not properly filed.. ..... 34 of 1980 is at ext. .....
Tag this Judgment!Court : Mumbai
Reported in : 1983(2)BomCR558
..... this court has, therefore, no jurisdiction to deal with or touch upon the matter pending before the bar council of india under the provisions of advocates act the contemner further stated. ..... in fact, presentation of the writ petition by advocate bhagalia on behalf of the petitioner does not appear to us to be incorrect in any way but even if such presentation is considered incorrect it can only be termed as an irregularity which was cured the moment advocate bhagalia withdrew his appearance. ..... 1087 of 1980, as he was the complainant in the pune court. ..... 1087 of 1980, in this court under articles 226 and 227 of the constitution of india for quashing the proceedings pending against him in juvenile case no. ..... 1087 of 1980, the division bench had directed a copy of their judgment to be sent to the bar council of maharashtra for appropriate action, if thought necessary. ..... 1087 of 1980, was heard in bombay and disposed of by this court. ..... 1087 of 1980 a rule was issued but respondent no. ..... 1087 of 1980, in favour of respondent no. ..... 1087 of 1980, came to be decided in favour of respondent no. 5. ..... 1087 of 1980, was disposed of by an oral judgment dated 3rd july, 1981, by a division bench of this court comprising rege and mehta, jj. ..... 1087 of 1980, in this court and respondent no. ..... 1087 of 1980, in this court about which we shall advert little later. ..... 1087 of 1980. .....
Tag this Judgment!Court : Mumbai
Reported in : (1984)86BOMLR174
..... in para 20 the supreme court passed the following order :'for these reasons, the order of detention passed by the state government of maharashtra dated february 12, 1980 detaining bhalabhai motiram patel under sub-section (1) of section 3 of the conservation of foreign exchange and prevention of smuggling activities act, 1974, is set aside'.two more cases have been decided by the supreme court where there was non-supply of relevant material, and in the case of mohd zakir v. ..... it was urged by shri kotwal that all the abovementioned decisions of the supreme court would indicate that whenever there was an omission to supply the relevant material to the detenu, the supreme court has not set aside the detention order but has observed that the continued detention of the detenu would be illegal he, therefore, contended that these authorities would show that by implication the supreme court did not choose to quash the detention orders as they were initially valid.6. ..... we have heard the learned advocates on behalf of both the parties about the abovementioned submissions. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom366; 1984MhLJ534
..... the vires of section 34 of the town planning act (travanceore act 4 of 1108) a was challenged on the constitution as it excluded section 25 of the kerala land acquisition act, which provides for quantification of compensation, including payment of the solatium mr. ..... shri gumaste, learned counsel appearing on behalf of the advocate general, submitted that even assuming that the provision of section 44 of the act are discriminatory, still it is not permissible to touch them as the protection under article 19(1) and article 32 is the available to the petitioners because those article were not deleted when the legislature passed the legislation still the protection is taken the away by art. ..... ' one oof the function is to provide of the amities in the area within jurisdiction of the authority and the expression 'amenity' has been defined under section 2(1) of the act and it means 'road , bridge,any other means of communication, transport supply of water and electricity , any other source of energy street lighting, drainage, sewerage, education and welfare projects, markets and conservancy and any convenience which the state government may specify to the be an amentity. ..... the last decision of the supreme court is : [1980]3scr290 , state of kerala v. t.m. ..... in minerva mills case (air 1980 sc 238) for the majority observed that in the very nature of things is it difficult for a court to determine whether a particular law gives effect to a particular policy. mr. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1985Bom14
..... it was also contended by the learned counsel that every year several lakhs of rupees are paid to the municipal corporation and some amount from profits is also set apart for welfare funds of municipal officers, servants and their families thus causing a severe drain on the best resources. ..... (1) a state government having regard to - (a) the advantages offered to the public, trade and industry by the development of motor transport, and (b) the desirability of co-ordinating road and rail transport, and (c) the desirability of preventing the deterioration of the road system, and (d) the desirability of preventing uneconomic competition among motor vehicles, may from time to time, by notification in the official gazette, issue directions to the state transport authority - (i) regarding the fixing of fares and freights (including the maximum and minimum in respect thereof) for stage carries, contract ..... so far as the merits of the controversy are concerned, it is contended by the petitioners that while deciding the question of fare hike, 1980 should have been considered as a base year because till then, the msrtc or best were not running in losses and the fare hike already granted in the year 1975 was excessive. ..... however, it was contended by shri kalsekar that there is a world of difference between the provisions of rajasthan and kerala acts and the bombay motor vehicles act. ..... honourable minister as well as advocate general, that the provisions of s. .....
Tag this Judgment!Court : Mumbai
Reported in : 1985(2)BomCR18; (1986)ILLJ370Bom; 1985MhLJ318
..... relief work with a view to providing help to the persons affected by drought scarcity conditions, it would be difficult for the state to comply with the labour laws, because if the state were required to observe the labour laws, the potential of the state to provide employment to the affected persons would be crippled and the state would not be able to render help to the maximum number of affected persons and it was for this reason that the applicability of the minimum wages act 1948 was excluded in relation to workmen employed ..... state of rajasthan : (1983)illj220sc and the decision of the kerala high court, in the matter of : prison reforms enhancement of wages of prisoners etc. a.i.r. ..... (x) when works are taken up under the scheme on private lands, which will directly benefit the holders of the lands, then notwithstanding the fact that under the provisions of any other law, or any executive orders, for the time being in force such holders are entitled to a subsidy in respect of such works, a subsidy under the scheme, at such rates as may be prescribed, shall be financed from the employment guarantee fund. ..... 1 will also act as participants and help the authorities implementing this welfare organisation.21. ..... indira jaising has drawn our attention to the report on the sixth five year plan 1980-1985, at page 51, poverty and employment, para 3-62 which reads as under :'3-62. .....
Tag this Judgment!Court : Mumbai
Reported in : (1985)IILLJ24Bom; 1985MhLJ1
..... 26 of that list which deal with legal, medical and other professions, and there could not be any repugnancy between the provisions of the shops act and the advocates act, as the amending act lxiv of 1977, after being passed by the state legislature, received the president's assent on the 29th november, 1977 and would, therefore, prevail in the state of maharashtra, in view of article 254(2) of the constitution. ..... the advocates act, 1961, had already been passed by the parliament, would not render the provisions of the amending act invalid, as the amending act had been made on one of the matters enumerated in the concurrent list and had been reserved for the consideration of the president and had received his assent. ..... the challenge was only to the inclusion of the establishment of a legal practitioner in the definition of the 'commercial establishment', and apart from the wide power available to the state legislature under entries 23 and 24 which deal respectively with social security and social insurance, simple employment and unemployment and welfare of labour, including conditions of work, provident funds, employer's liability, workmen's compensation, invalidity and old age pensions and maternity benefits, under entry 26, the state legislature could also legislate on legal, medical ..... in this view which we are taking, we are supported by the observations made by the kerala high court in sasidharan v. .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(11)ECC67
..... state of south australia (1931) all er rep 333 : (1931) ac 704 in which the judicial committee remitted a case to the supreme court of south australia with a direction that it was one proper for the exercise of court's power of inspecting documents in order to determine whether their production would be prejudicial to public welfare was disapproved in duncan 1942 1 all er 587. ..... national society for the prevention of cruelty to children, (1977) 1 all er 589 the privilege claim was made not by a department of the government, but by a society incorporated by an act of parliament, whose purpose included the prevention of public and private wrongs to children and the taking of action to enforce laws for the protection of children. ..... 608 of 1983 has also been filed by the accused praying that the order dated 5-12-1980 issuing process against them should be quashed and that the petitioners be discharged because no prima facie case has been made out. ..... the process was issued as long back as in 1980 and hence this application is inordinately delayed. .....
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