Court : Mumbai
Reported in : 2003(2)ALLMR583; 2003(3)BomCR347; [2003]114CompCas378(Bom); [2003]42SCL769(Bom)
..... samdani also the apex court while considering the expression 'has the same meaning as in the motor vehicles act, 1939' observed that when the 'motor vehicle' is defined under section 2(c) of taxation act as having the same meaning as in the motor vehicles act, 1939 then the intention of the legislature was to incorporate the definition in the motor vehicles act as then existing obviously any change in the definition in earlier act after incorporation could not be read in the later act. ..... while construing the expression 'banking company' under section 2(e) while the respondents contend that the meaning given to the expression 'banking company' in clause (c) of section 5 of the banking regulation act, 1949 alone has been incorporated in section 2(e) of act of 1993 and other provisions of banking regulation act, 1949 including part v cannot be seen for the purpose.the legislation by incorporation of an earlier act into a later act is well known legislative device adopted for the sake of convenience in order to avoid verbatim reproduction of the provisions of the earlier act into the later act. ..... 1 is a partnership firm registered under the partnership act, 1932 carrying on the business of manufacturing of glass containers for cosmetics, foods, beverages and pharmaceutical industries. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)ALLMR1071
..... the inaction on the part ofthe appellant within the prescribed period inrelation to the 'preferring the appeal' wouldcertainly include an act necessary for the purposeof 'preferring the appeal' within the meaning ofthe said expression under section 5 of the act.the law is very clear as regards the procedure tobe followed for the purpose of filing of theappeal. ..... objection being raised by the office inrelation to non production of the certified copy ofthe decree on record, the specific orders werepassed regarding non compliance of the saidrequirement of and the order dated 24.2.1997 clearlyspeaks of statement by the counsel of thepetitioners that the certified copy would beplaced on record within six weeks therefrom.evidently, it was within the knowledge of thepetitioners that the certified copy of the decreewas required to be placed on record, apart from thefact that for the purpose of the maintainabilityof the appeal, such certified copy ..... 1932 of 2002 is hereinafter referred to as theapplication for restoration.4. ..... 1932 of 2002 is for restoration offirst appeal no. ..... 1932 of 2002 and later application i.e. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(3)BomCR367; 2003(27)PTC115(Bom)
..... following the indian classification which is along the lines of the international classification which has been followed since 1940 in india as well as under the 1958 act ;(ii) the classification of goods and wording of the fourth schedule to the rules read with the explanatory note thereto in the 1940 act is exactly the same as in the rules framed under the 1958 act ;(iii) there was no adjudication in the real sense by the registrar, in the first instance, of the appropriate classification of the goods of the appellant, and therefore, the decision on registration, in the first instance, cannot be dispositive of the proper classification of the goods of ..... . the respondent annexed correspondence for the years 1952 and 1958 in order to establish its use of the mark 'allied' and appended a statement of the sales of the company between 1932 and 1985.the evidence produced by the appellant :16 ..... ., madras motors ltd .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(6)BomCR657
..... the contract was entered into by the petitioner with two members of a consortium including the respondent and the claim in arbitration is not maintainable in the absence of the other consortium member; (ii) the consortium, properly construed was a partnership, and not being registered under the provisions of the indian partnership act, 1932, the proceedings before the learned arbitrators were not maintainable; (iii) the claim before the arbitrators was barred by limitation; and (iv) the award of the learned arbitrators is contrary to the provisions of the contract.8. ..... the second submission : the second submission which was urged was that the members of the consortium must be regarded as having entered into a partnership and that in the absence of the registration of the partnership under the indian partnership act, 1932, the claim is not maintainable. ..... the fourth submission : the final submission urged on behalf of the petitioners is to the effect that the award is contrary to the provisions of the contract and consequently, in violation of the provisions of section 28 of the arbitration and conciliation act, 1996, read with section 34(2)(iv). ..... . in my view, this is also an area where the interference of this court in the award of the learned arbitrators is not warranted in the least, having regard to the well-settled limitations upon the exercise of the jurisdiction in considering a challenge to an award under the act of 1996. 25 .....
Tag this Judgment!Court : Mumbai
Reported in : [2003]113CompCas273(Bom); [2003]45SCL475(Bom)
..... in ucal fuel systems ltd and anr 1992 (73) company cases 63, the madras high court has held that the fact that the ministry of industry had to approve transfer of the letter of intent did not mean that the ministry of industry had to be impleaded or issued notice. ..... a period of three hundred and sixty five days reckoned from the date of the preceding offer of buyback, if any ; explanation for the purposes of this clause, the expression 'offer of buy back means the offer of such buy back made in pursuance of the resolution of the board referred in the first proviso ; (c) the buyback for less than twenty five per cent of the total paid upcapital and free reserves of the company; provided that the buyback of equity shares in any financial year shall not ..... , as he then was, has held that section 391 of the companies act is a complete code however, in view of rule 85 of the companies (court) rules, 1959, whenever a scheme of arrangement proposed under section 391 involves a reduction in the share capital of the company, the procedure prescribed under section 100-102 of the companies act and the rules relating to the reduction of the capital shall have to be complied with. ..... natwarlal m jhaveri (1932) 2 comp cas 64 and the decision of the learned single judge of this court (nain j) in m g. .....
Tag this Judgment!Court : Mumbai
Reported in : (2003)105BOMLR609
..... each instrument must be construed in the light of its own language and in the light of the attendant circumstances.where the endorsement on the bill contained a positive direction by the creditor to the debtor to pay the amount of the bill to a, the direction was expressed to be irrevocable and the debtor had accepted it unconditionally.held that the effect of the endorsement was that the title to the debt would pass to a and that only a was entitled to realise it. ..... goods having been sold by the merchants, the bank forwarded to the purchasers notice in writing that the merchants had made over to the bank the right to receive the purchase-money and requested the purchasers to sign an undertaking to remit the purchase-money to the bank and it was held that there was evidence of an equitable assignment of the debt to the bank with notice to the purchasers, and that the bank could recover the debt from the purchasers. ..... the learned counsel placed reliance on the judgment of the full bench of the madras high court in the case of n.m.s.s. ..... in my view this is not a case of contingent contract and on the contrary it is a case of time being essence of the contract which according to section 55 of the contract act gives an option to the party when certain thing is to be done at or before specified time and the party fails to do it then the contract become voidable at the option of the other party. ..... 1,000/-and on 13.10.1932 he borrowed a sum of rs. .....
Tag this Judgment!Court : Mumbai
Reported in : (2002)76TTJ(Mumbai)11
..... mudaliar : [1964]53itr122(sc) , the supreme court reiterated that the income tax officer is bound to compute the profits by appropriate adjustments from the accounts maintained by an assessee where a system of account is regularly employed :'the only departure made by section 13 of the indian income tax act from the legislation in england is that whereas under the english legislation, the commissioner is not obliged to determine the profits of a business venture, according to the method of accounting adopted by the assessee, under the indian income tax act, prima facie, the income tax officer ..... 'thus, the hon'ble judicial committee decided way back in 1932 that an assessee cannot ask for two different methods, one for writing books of accounts for the purposes of his business and another for having his tax liability determined under the income tax act. ..... having regard to this, hon'ble supreme court have held in the case of madras industrial investment corporation ltd. ..... thus, the extreme view canvassed before us that there has to be either revenue expenditure allowable in a single year or capital expenditure not allowable at all has not found favour with the apex court and for this reason the judgment of hon'ble madras high court in the case of cit v ..... singaribai (supra) and madras high court in the case of bangalore woollen & silk mills co ..... at the same time, we find that in the case of madras industrial investment corporation ltd. v ..... madras industrial investment corporation ltd .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2003)86ITD556(Mum.)
..... having regard to this, hon'ble supreme court have held in the case of madras industrial investment corporation ltd: (supra) that the general rule that revenue expenditure must be allowed in its entirety in the year in which it is incurred admits of exceptions and on the contrary there may be cases where rigid observations of the general rule may result into a very distorted picture of the profits of a particular year.18. ..... thus, the extreme view canvassed before us that there has to be either revenue expenditure allowable in a single year or capital expenditure not allowable at all has not found favour with the apex court and for this reason the judgment of hon'ble madras high court in the case of cit v.madras industrial investment corporation ltd. ..... " thus, the hon'ble judicial committee decided way back in 1932 that an assessee cannot ask for two different methods, one for writing books of accounts for the purposes of his business and another for having his tax liability determined under the it act. ..... smt.singaribai (supra) and madras high court in the case of bangalore woollen & silk mills co. ..... at the same time, we find that in the case of madras industrial investment corporation ltd. v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)ALLMR265; 2003(1)BomCR740; 2003BomCR(Cri)251; (2002)3BOMLR50; II(2002)DMC315; 2002(3)MhLj602
..... repudiating averments andshe claimed that she was not informed of the divorceand the talaq pronounced by him was a false allegation.one of the issues framed by the learned single judge ofthe madras high court was whether the talaq pronouncedby the husband on 30th november, 1992 divorcing hiswife was valid under law.it was brought to the notice of the respondentwife about the pronouncement of talaq by her husbandwhen he filed the petition for cancellation ofmaintenance on 20th july, 1995 though she ..... willbe no marriage.section 24: to establish a marriage it is alsonecessary that no such words are mentionedin the proposal and acceptance which signifythat the marriage is for a fixed period.section 30: the parents and offspring of the groomand the bride can also be witnesses to themarriage, but it is better to have others aswitnesses.explanation: if ascendants or descendants act aswitnesses, the marriage will beestablished but their evidence will notbe admissible to prove the marriage ina court and, therefore, it is better tohave others as witnesses.15. ..... anisa khatun and others' [air 1932 privycouncil 25' the appellants case was that on 13th ofseptember, 1905 ghiyas uddin pronounced triple talaq inthe presence of witnesses though in the absence of thewife (anisa khatun) received rs.1,000/- of prompt dowerfor which a registered receipt was produced and therewas also a talaqnama or deed of divorce dated 17thseptember, 1905 which narrated the divorce and whichalleged to have been given .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2002Bom211; 2002(2)ALLMR769; 2002(3)BomCR752
..... this court has observed that the action on the part of the prohibition officer acting under the provisions of the bombay prohibition act while exercising the administrative powers can be examined by the authorities under section 137 by way of appeal and under section 138 in exercise of the powers of the revision by the state government, and therefore, the jurisdiction of the civil court is barred.13. ..... under section 146 of the bombay prohibition act, there is bar for a suit or proceeding against the government or against any prohibition police or other officers or against any person empowered to exercise his powers or perform function under this act for anything in good faith done or intended to be done under this act, but then that does not exclude the jurisdiction of the civil court for deciding the issue relating to dissolution of the partnership firm which fact is related to the grant of licence or deleting ..... the name of any partner after the .....
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