Judgment Search Results Home > Cases Phrase: the madras marumakkattayam act 1932 Sorted by: recent Court: mumbai Page 1 of about 919 results (0.100 seconds)

Kamal V.M. AllaudIn and Etc. Etc. Vs. Raja Shaikh and Etc. Etc.

Court : Mumbai

Reported in : AIR1990Bom299

..... minor; (e) all suits and proceedings in relation to the guardianship arising outside the territorial limits of the areas of the family courts but within the state of maharashtra would be cognizable by the high court under clause 17 of the letters patent.if the scope of clause (g) of the explanation to section 7 of the act is undestood in the aforesaid manner then the provisions of sections 7 and 8 of the act, section 2(4) of the code of civil procedure read with section 2(e) of the act, clause 17 of the letters patent, rule 35 framed by the state government and rules 50 to 65 of the rules framed by the high court can be harmoniously read. ..... the madras high court was dealing with sections 2(e), 7, 8 and 20 of the family courts act read with section 2(4) of the civil procedure code in a matter relating to appointment of a guardian for an indian female child where the application was made by a foreign national to be appointed guardian of the ..... section 18 of the act provides that for the purpose of hearing suits under the act a special court shall be constituted in each of the presidency-towns of calcutta, madras and bombay and in such other places in the territories of the several state governments as such governments respectively shall ..... of madras and kerala, : [1960]3scr887 , that although statement of objects and reasons is not admissible as an aidto the construction of a statute, it may be referred to for the limited purpose of ascertaining the purpose for which the act has been .....

Mahavirprasad Badrida Vs. M.S. Yagnik

Court : Mumbai

Reported in : (1959)61BOMLR1433

..... , salem ilr (1940) mad 637 : air 1940 mad 612 a full bench of the madras high court held that a co-operative societies act was an 'individual' within the meaning of the indian income-tax act. ..... the argument proceeded that the makers of the constitution must be regarded as fully aware of the legislative practice of the country and the ligisative practice relied upon was that in section 3 of the income-tax act (xi of 1922) the units of taxation had categorically been stated to be every individual, hindu undivided family, company and local authority, every firm and other association of persons or the partners of the firm or the members of the association individually. ..... (23) the position under the act of 1886 was similar there was nothing in the language of the relevant provisions of the act of 1918 which can support the present contention of the petitioner, section 3of the act of 1922 has been amended from time to time and one thing is clear that the expressions indidvidual and hindu unidivided family have at all time been expressly mentioned in it along with other units of taxation such for instance as company firm and associations of individuals. ..... by the marumakkattayam, aliyasathana or nambudri by law it becomes necessary to consider whether the expression individuals in entry 86 can embrace members of such joint hindu families. ..... currimbhoy ebrahim 33 bom lr 1549 : air 1932 bom 106, sir john beaumount, c. j. .....

Mahavirprasad Badridas Vs. M.S. Yagnik, Second Wealth-tax Officer, C-i ...

Court : Mumbai

Reported in : AIR1960Bom191; [1959]37ITR191(Bom)

..... , a full bench of the madras high court held that a co-operative society registered under the indian co-operative societies act was an 'individuals' within the meaning of the indian income-tax act. ..... the argument proceeding that the makers of the constitution must be regarded as fully aware of the legislative practice of the country and the legislative practice relied upon was that in section 3 of the income-tax act (xi of 1922) the units of taxation had categorically been stated to be every individual, hindu undivided family, company and local authority, every firm and other association of persons or the partners of the firm or the members of the association individually. 22. ..... since, however, the argument can apply to members of a joint family governed by the dayabhaga law and members of a tarward, tavazhi, illom, kutumba or kavaru governed by the marumakkattayam, aliyasantana or nambudiri law it becomes necessary to consider whether the expression 'individuals' in entry 86 can embrace members of such joint hindu families. ..... the joint family in one form or another does exist under the systems prevalent in southern india knows as marumakkattayam, aliyasantana and nambudiri laws. .....

J.V. Gokal Charity Trust and Others Vs. Contrex Pvt. Ltd. and Others

Court : Mumbai

..... the purpose of the act, the procedure prescribed in inquiries under section 19, the absence of any remedy under the act to those who were not parties to the inquiry under section 19 but whose anterior or superior title would be concluded by the decided in that inquiry and the general scheme of the act, all tend to show that questions of title to the trust property are outside the scope of the inquiry under section 19. ..... 193, a division bench of the madras high court had to consider the said question. ..... , [1932] oudh weekly notes 399 (pc); sri nathji and ors. v mt. ..... referred to as the name of the public trust), (i) the names and addresses of the trustees and the manager, (ii) the mode of succession to the office of the trustee, (iii) the list of the moveable and immovable trust property and such descriptions and particulars as may be sufficient for the identification thereof, (iv) the approximate value of moveable and immovable property, (v) the gross average annual income of the trust property estimated on the income of three years immediately preceding the date on which the application is made or of the period which has elapsed since the creation of the trust .....

M/s. Otoklin Global Business, A Partnership Firm and Others Vs. The St ...

Court : Mumbai

..... the petitioners have set out as to how after formation of petitioner no.1-firm in 1997, the registration under the indian partnership act, 1932 was obtained. ..... the first petitioner before us is claiming to be a partnership firm, registered under the indian partnership act, 1932. ..... the certificate issued by the sales tax officer, sales tax notice, profession tax certificate, the certificate of registration issued under the bombay shops and establishment act, the certificate of importer-exporter code from ministry of commerce and some correspondence with the municipal corporation of greater bombay are relied upon, but these, to our mind, would demonstrate, at best, the physical possession of petitioner no.1 in respect of the said premises. ..... he would then submit that respondent no.2-assignee issued the demand notice on 9th june 2009 to respondent nos.3 to 6 under section 13(2) of the sarfaesi act and submitted that, after meeting of the statutory period of 60 days, the second respondent took symbolic possession of the property, in respect of which the possession notice dated 27th august 2006 was published in the local newspaper. mr. ..... the petitioners submit that this judgment recognised and protected the tenants and it was held that the chief metropolitan magistrate/district magistrate cannot, in the garb of resorting to section 14 of the sarfaesi act, interfere with the physical possession of the parties like the present petitioners. .....

Jai Ganesh SRA CHS (Prop.) and Another Vs. State of Maharashtra and Ot ...

Court : Mumbai

..... class-ii to mortgage his property in favour of the state government in consideration of a loan advanced to him by the state government under the land improvement loan act, 1883, the agriculturists loans act, 1884, or the bombay non-agriculturists loans act, 1928 or in favour of a co-operative society or the state bank of india constituted under section 3 of the state bank of india act, 1955, or a corresponding new bank within the meaning of clause (d) of section 2 of the banking companies (acquisition and transfer of undertakings) act, 1970, or the maharashtra state financial corporation established under ..... the relevant law in consideration of a loan advanced to him ..... for the purposes of this chapter, the state government may register any person or an association of persons, or a partnership firm registered under the partnership act, 1932 or a company registered under the companies act, 1956, as a developer in the prescribed manner .....

M/s. D.P. Jain and Company Infrastructure Pvt. Ltd. Vs. Union of India ...

Court : Mumbai

..... exemption from service tax to management, maintenance or repair of roads in exercise of the powers conferred by sub-section (1) of section 93 of the finance act, 1994 (32 of 1994) (hereinafter referred to as the finance act), the central government, on being satisfied that it is necessary in the public interest so to do, hereby exempts the taxable service, referred to in sub-clause (zzg) of clause (105) of section 65 of the finance act, 1994, provided to any person by any other person in relation to management, maintenance or repair of roads, from the whole of the service tax leviable thereon under section ..... by its own operation attracts the provisions of section 145 of the indian evidence act and under the later section, the whole vista of cross-examination on the basis of the previous statement in writing made by the witness before the police is open to the accused and a question can be posed to him with a view to elicit response and equally by contradicting him by putting to him an earlier statement which does not contain the statement made during the course of trial. ..... (air 1932 sc 138). 79. .....

Sk. Bashir Sk. Shabhir and Others Vs. State of Maharashtra

Court : Mumbai Aurangabad

..... ) although the accused had paid the entire due amount as per the settlement with the bank in the matter of recovery before the debts recovery tribunal, the accused was being proceeded with for commission of offences under section 120-b/420/467/468/471 of the indian penal code along with the bank officers who were being prosecuted under section 13(2) read with 13(1)(d) of prevention of corruption act. ..... in respect of serious offences like murder, rape, dacoity, etc; or other offences of mental depravity under indian penal code or offences of moral turpitude under special statutes, like prevention of corruption act or the offences committed by public servants while working in that capacity, the settlement between offender and victim can have no legal sanction at all. ..... no doubt, crimes are acts which have harmful effect on the public and consist in wrong doing that seriously endangers and threatens well-being of society and it is not safe to leave the crime-doer only because he and the victim have settled the dispute amicably or that the victim has been paid compensation, yet certain crimes have been made compoundable in law, with or without permission of the court. ..... in the event, the offence is not serious as like an offence of murder, rape, dacoity or under the prevention of corruption act or of similar nature, the compounding of offences is permissible. 7. .....

Neel Electro Techniques and Others Vs. Neelkanth Power Solutions and O ...

Court : Mumbai

..... neel controls is also a partnership firm duly registered under the indian partnership act,1932. ..... neel electro techniques is a partnership firm duly registered under the indian partnership act,1932. ..... tulzapurkar, however, submitted that any case of a common law licence where there is no connection in the course of the trade between the goods and the proprietor of the trade mark, or in other words, where the licensing results in destroying the distinctiveness of the mark or causing confusion or deception among the public, cannot be countenanced by the court. ..... no action was taken by the appellants and on the contrary, they acted upon the order placed by the respondents. ..... he stated that the said hemant has invoked arbitration clause under the said memorandum of understanding and the petitions have been filed by him under sections 9 and 11 of the arbitration and conciliation act,1996. ..... as per the order passed by the hon'ble the acting chief justice, this appeal has been specially assigned to the division bench presided over by one of us (a.s.oka,j.). ..... on the contrary the second appellant accepted and acted upon the orders placed by the first respondent. ..... he pointed out the details of the manner in which the memorandum was acted upon. ..... there is material on record to show that the parties acted upon the memorandum. ..... he pointed out that both third appellant and hemant acted upon the said memorandum of understanding. .....

M/s. Deluxe Cotton Corporation and Others Vs. Bank of Baroda

Court : Mumbai

..... and we find that such issue neither arose for consideration, nor was the same decided by the division benches of this court and the madras high court in dwarkadish sakhar karkhana ltd ..... or a consortium of banks or financial institutions, such appeal shall not be entertained by the appellate tribunal unless such person has deposited with the appellate tribunal seventy-five per cent of the amount of debt so due from him as determined by the tribunal under section 19: provided that the appellate tribunal may, for reasons to be recorded in writing, waive or reduce the amount to be deposited under this section. 8. the provisions contained in section 21 do not apply to all types of appeals contemplated under ..... order to determine whether the provisions of section 21 of the said act are attracted even at the stage of consideration of an application seeking condonation of delay in institution of an appeal before drat, brief reference is necessary to the provisions contained in sections 20 and 21 of the said act for the purposes of appreciating their import in the context of the question raised. 6 ..... . suresh chandra dey (air 1932 pc 165), in which, it is observed thus: there is no definition of appeal in the civil procedure code, but their lordships have no doubt that any application by a party to an appellate court, asking it to set aside or revise a decision of a subordinate court, is an appeal within the ordinary acceptation of the term, and that it is no less an appeal because it is irregular .....