Judgment Search Results Home > Cases Phrase: the madras marumakkattayam act 1932 Sorted by: recent Court: mumbai Page 10 of about 919 results (0.139 seconds)

Dr. Percy Rutton Kavasmaneck Vs. Gharda Chemicals Ltd.

Court : Mumbai

Reported in : [2009]96SCL515(Bom)

..... sum, if any, as the auditors for the time being of the company shall certify as the fair value thereof provided that it expressly declared that the fair value shall be (1) the amount of capital paid up thereon plus, (2) a sum bearing the same proportion to the value as appearing in the company's last balance sheet of any reserve fund or other fund of the company as the capital paid up on all the shares of the company for the time being issued plus or minus as the case may be, (3) a sum bearing the same proportion to the value as appearing in the ..... sections 397, 398 and 402 of the companies act, 1956 including appointment of an administrator or special officer of the 1st respondent with all powers of the board of directors for a period of 5 years or for such other period as this hon'ble court may deem fit and proper for managing the affairs of the 1st respondent and the board of directors of the 1st respondent be displaced during such period;(ii) the 1st respondent be ordered to issue and allot to the petitioners such number of equity shares ..... . reliance is also placed on the decision of the madras high court, which has followed the principle stated in rajahmundry electric supply corporation ltd ..... . gopal chetty [1932] 2 comp .....

Avdel Tools and Services, a Partnership Firm Registered Under the Indi ...

Court : Mumbai

Reported in : 2008(6)ALLMR611; 2009(1)BomCR746; (2008)110BOMLR3496

..... & services, a partnership firm, registered under the indian partnership act, 1932 as purchaser, in relation to the plot no. ..... 2006)11scc181 , the supreme court clearly stated the principle that in terms of section 55 of the indian contract act, the question whether time is essence of the contract is to be determined from the intention of the parties to be gathered from the terms of the contract. ..... of section 55 of the indian contract act, effect of failure to perform at fixed time does provide benefit to a party as it becomes voidable at the option of the promisee provided the intention of the parties was and for the relevant time is to treat the term as essence of the contract. ..... the fruits of this act fall in favour of the party only on completion of the act in accordance with the directions of the court founded on the agreement between the ..... expressly undertaken to have the revenue records rectified by securing the deletion of chittarmal's name, and it was an implied condition of the contract that nathulal will secure the sanction of the collector to the transfer under section 70(4) of the madhya bharat land revenue and tenancy act 66 of 1950. ..... of section 4 of the transfer of property act the chapters and sections of the transfer of property act which relate to contracts are to be taken as part of the indian contract act, 1872. ..... we are unable to agree with mr shroff that the repeal of the madhya bharat act 66 of 1950 by the madhya pradesh land revenue code, 1959, has retrospective .....

Francis Castellino and Essar Shipping Limited Vs. R.C. Coastal Exports ...

Court : Mumbai

Reported in : 2008(6)ALLMR120; 2008(5)BomCR519; (2008)110BOMLR2863

..... he has also contended that prior to 31st march 2006, garden resort, his proprietary concern, was a partnership firm registered under the indian partnership act, 1932 and by a deed of dissolution dated 5.4.2006, the partnership was dissolved on 31.3.2006 and he became the sole proprietor of garden resort. ..... but the claimant has produced copies of the annual reports statutorily required to be filed by the respondent under sections 159 to 163 of the companies act in which the particulars, inter alia, with regard to the registered office of the company are given. ..... to consider the bonafides of the case of the applicant, the question that arises is whether the applicant could have created a transfer by way of a lease, which is one of the five modes of transfers contemplated under the transfer of property act in favour of himself represented by his proprietary concern. ..... he has observed that under the said act where two persons grant a tenancy by writing to one of themselves, such a tenancy would be valid under section 72(4) of the said act as a conveyance and the covenants would be enforceable under section 82(1) of the act. ..... it is held that such a tenancy would not come under section 72(4) or 82(1) of the law of property act, 1925, because both of the sections would apply only where one of the persons is not on both sides. .....

In Re: Arbitral Award Dated 25th June, 2007 Passed by the Sole Arbitra ...

Court : Mumbai

Reported in : 2008(6)BomCR775

..... a) the goodwill and the firm's name of the partnership shall belong exclusively to the firm and no partner shall have any right or interest in it whatsoever either on death, retirement or expulsion from the firm or on the dissolution of the firm or on the termination of the agreement for any cause or reason.b) on the retirement, death or expulsion of a partner, or on dissolution of the firm no payment is made to the outgoing partner, his widow or estate for goodwill, as it belongs to the firm and not to any individual partner.section 33 of the indian partnership act, 1932 reads thus: -33. ..... the learned arbitrator having construed and interpreted the provisions of the deed of partnership as well as the provisions of section 33 of the partnership act in a manner which cannot be said to be unsustainable, it is not open to the court in exercise of powers under section 34 of the arbitration and conciliation act to interfere with the same.i am in any event in respectful agreement with the finding of the learned arbitrator in this regard.29. ..... shah contended that the learned arbitrator had misinterpreted clause 9 (a) and (b) of the partnership deed and section 33 of the indian partnership act, 1932. .....

Minnow Trading Company Pvt. Ltd. Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... are entitled to interest on the ..... the learned counsel for the assessee that the partners of the firms are not entitled to interest on the capital subscribed by them, when there are no profits with the partnership firms as per the provisions of section 13(c) of the indian partnership act, 1932 we find that the provisions of section 13(c) of the indian partnership act, 1932 provides- subject to contract between the partners where a partner is entitled to interest on the capital subscribed by him, such interest shall be payable only out of profits.the provisions of section 13(c) of the indian partnership act, 1932 being the law of the land, the partners of the firms ..... the issue before us with regard to interpretation of provision of section 13(c) of the indian partnership act, 1932 is covered with the decision of of hon'ble madras high court in the case of somasundaram chettiar v .....

Mahindra Dipchand JaIn Vs. Ashok Sardarmal Parekh and ors.

Court : Mumbai

Reported in : 2008(5)ALLMR635; 2008CriLJ3825

..... the essentials of the offence of criminal breach of trust are: (i) entrustment of property or dominion over the property by one person to another; and (ii) a dishonest misappropriation or conversion of that property by the agent for his own use; or (iii) a dishonest use or disposal of the property in violation of the mandate of law prescribing the mode in which the entrustment is to be discharged; or (iv) a dishonest use or disposal of property in violation of the terms through any legal contract either expressed or implied regarding the discharge of the entrustment or wilfully allowing some other person to do so.6. ..... while deciding the case of the velji raghavji patel (supra), the supreme court has not accepted the view taken by the bombay high court in jagannath raghunathdas (supra), but has opined that the view of the calcutta high court in the case of bhuban mohan rana v. ..... it is further alleged that the amounts deposited were withdrawn by the petitioner without the consent of the other partners and, therefore, the petitioner had committed an offence of criminal breach of trust punishable under section 406 of the indian penal code.4. mr. ..... a perusal of section 405 of the indian penal code indicates (hat four ingredients have to be satisfied before an act can constitute an offence of criminal breach of trust. ..... emperor (1932) 33 cr lj 317 : air 1932 bom 57; velji raghavji patel v. .....

Shree Ambika Construction Company, a Firm Registered Under the Indian ...

Court : Mumbai

Reported in : 2008(2)BomCR94; (2008)110BOMLR328; 2008(3)MhLj214

..... it is urged by the learned counsel appearing for the petitioner that the aforesaid award is liable to be quashed and set aside in exercise of power under section 34 of the arbitration and conciliation act, 1996 (for short .act. ..... the power of the court to set aside an award is restricted to the grounds set out in section 34 of the act.9. ..... the courts while exercising powers under section 34 of the act are expected to be very circumspect in respect of the award delivered by the arbitrators. ..... it would however be necessary to refer to the provisions of section 34 of the arbitration and conciliation act, which reads thus 34. ..... the learned district judge has, therefore, unnecessarily raised a doubt that to come out of the clutches of the contract labour act, only 19 labours were shown to be engaged and this is a suspicious circumstance. ..... it is now well settled that reappraisal of evidence by the court under section 34 of the act is not permissible. ..... in the instant case, it was not disputed by other party that the case does not fall under clause (2)(a) but it falls only under clause (b)(ii) of clause 2 of section 34 of the arbitration act. ..... the respondent preferred an application under section 34 of the arbitration and conciliation act, 1996 before the learned district judge. ..... section 34 of the arbitration and conciliation act gives out the ground upon which an arbitrators award can be set aside. .....

Smt. Shyamabai W/O Shriram Sharma (Since Deceased), Vs. Ramkisan S/O P ...

Court : Mumbai

Reported in : 2008(3)ALLMR189

..... the implication of section 52 read with section 19(b) of the specific relief act, the court referred to certain passages of english decisions and commentaries and thereafter concluded in the following manner:in our opinion, therefore, when the doctrine of lis pendent renders a transfer made during the pendency of the suit subservient to the rights of the plaintiff seeking specific performance of a prior contract entered into by the vendor in his favour and when on account of the operation of the doctrine of lis pendent such conveyance is treated as if it had never any existence, the ..... subsequent transferee, even though he had obtained the ..... trial court held against defendant observing that as agreement dated 8/6/1932 was not registered, it was in admissible and could not create valid charge. .....

Quadricon Pvt. Ltd. Vs. Bajarang Alloys Ltd.

Court : Mumbai

Reported in : AIR2008Bom88

..... make the obtaining of leave a condition precedent to the entertainment by this court of a suit in which the cause of action arises in part outside the jurisdiction, and the condition is not one which it is competent for a court to ignore or for the parties to waive'the question then is whether the granting of leave under clause 12 is a condition precedent going to the root of the jurisdiction of the court or a mere matter of procedure capable of being waived by conduct or agreement of the parties.clause 12 of the letters patent provides that the high court of judicature at bombay in the exercise ..... be empowered to receive, try and determine suits of every description if in the case of suits for land (omitting unnecessary words) the land is situate, or in all other cases, if the cause of action shall have arisen either wholly or in the case of the leave of the court shall have been first obtained, in part, within the local limits of the ordinary original civil jurisdiction of this court.the words 'empowered to receive' mean that the court on the ordinary original civil jurisdiction has no jurisdiction even to receive a plaint ..... but to my mind, the obtaining of the leave of the judge and the admission of the plaint does not affect in any way the presentation of the plaint for the purposes of the indian limitation act. ..... air 1923 madras 109 (db), venkatasubba rao, j in his concurring judgment held:5. ..... , on may 25, 1932, and the plaintiffs are entitled to judgment in their favour. .....

Zee Entertainment Enterprises Ltd. Vs. Mr. Gajendra Singh and ors.

Court : Mumbai

Reported in : 2007(6)ALLMR532; 2007(6)BomCR700; (2007)109BOMLR2072; 2008BusLR161(Bom); LC2007(3)299; 2008(36)PTC53(Bom)

..... else.section 2(m)(ii) defines infringing copy as follows:'2(m) 'infringing copy' means-(ii) in relation to a cinematographic film, a copy of the film made on any medium by any means.section 14 of the copyright act, 1957 for the purpose of the act defines 'copyright' to mean the exclusive right subject to the provisions of the act, to do or authorize the doing of any of the following acts in respect of a work or any substantial part thereof, namely:(d) in the case of a cinematograph film:(i) to make a copy of the film, including a photograph of any image forming part thereof;(ii) to sell or give on hire, or offer for ..... lord hanworth mr [1932] 1 ch 208 said:the ground on which i think the plaintiff is entitled to complain is that, he being entitled to the copyright in his sketch, including the right to its reproduction as a film, the defendants have attempted to pass off their production as a production of the plaintiff's sketch and to make use of the reputation which belonged to the plaintiff's sketch in favour of their production. ..... [1932] 1 ch 201 : [1931] all er 74where the property involved was the right of the plaintiff in a stage sketch). .....