Judgment Search Results Home > Cases Phrase: the madras marumakkattayam act 1932 Sorted by: recent Court: mumbai Page 16 of about 919 results (0.080 seconds)

Suhas S/O Anantrao DashraThe and anr. Vs. State of Maharashtra, Throug ...

Court : Mumbai

Reported in : 2001(2)ALLMR184; 2002(2)BomCR211

..... the petitioner chose to drag in the name of the great maratha king shri shivaji and we fail to understand the relevancy of his reliance on the judgment of the madras high court in that regard, unless the petitioner claimed that he was a direct descendant of the great maratha warrior. ..... have been further sub- categorized by the committee and the committee has relied upon the documents in respect of the petitioner himself, his father and grand father, whereas the other set of documents from paternal side have not been accepted by the committee on the ground that the petitioner was not able to establish the genealogy inasmuch as the name of the common ancestor was not shown and if gyanoji narwade and tukaram narwade were the brothers, the name of their father was not ..... taking note of the observations, as made by the apex court, in the case of laveti giri (supra) and the directions issued by us the government of maharashtra has enacted the maharashtra scheduled castes, scheduled tribes, denotified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward class category (regulation of issuance and verification of caste certificate) act, 2000 (for short referred to as the verification of caste certificate act) and the same has been published in the state government gazette dated 23rd may, 2001. ..... as per the said document, the petitioner's father was born on 8-6-1932 and he left the school on 5-5-1952. .....

Clifford Chance Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2002)82ITD106(Mum.)

..... learned counsel made reference to sections 5, 17(3), 34, 36 and 42(1) of the english partnership act, 1890 and section 37 of the indian partnership act, 1932. ..... even if, for the sake of argument, section 9(1)(vii) of the act alone is considered, the effect will be that only the fees received by the assessee from ispat industries limited, the only resident company, would be taxable ..... in that case issue related to s, 9(1)(vii) of the act which is dealt separately in art, 13 of the dta.section 194j of the act clearly recognizes distinction between professional fees and fees for technical services.27 ..... on 5th may, 1997 a notice was issued on the assessee under section 148 of the it act, 1961 (hereinafter called the act) and this was sent to the assessee's address at london. ..... the acts of the agents are the acts of the principal.let us ponder the practical ..... reference was made to section 90(2) of the act.on that basis it was argued that the dta need not be applied, as under the domestic law assessee is not liable for payment of tax ..... it was demonstrated with reference to the sections of english partnership act and indian partnership act listed above that the word "partner" and "member" are inter- ..... , section 10 of the it act, 1922, an income received by an assessee, who kept his accounts on the cash basis, in an accounting year in which the profession had not been carried on at all, was not chargeable to tax, nor could the receipts be brought to tax under section 12 as "income from other sources .....

Madhukar S/O Wamanrao Jadhav and anr. Vs. Dayalbabu S/O Shyamlal Jaisw ...

Court : Mumbai

Reported in : 2002(1)ALLMR243; 2002(1)BomCR141

..... the said notice came to be refused, which fact is accepted by the trial court and a decree has been passed against the original plaintiff and since the dissolution of the partnership took place on 27-3-1993 or in any case in the first or second week of april 1993, the institution of the last suit on 26-9-1996 is clearly barred, because, for a suit for account, article 5 of the limitation act applies which provides a period of limitation of three years and the time from which the period begins to run is the date of dissolution. ..... however, when questioned specifically in this regard, particularly with reference to the provisions of the indian partnership act and particularly section 7, which provides that, where no provision is made by a contract between the partners for the duration of their partnership, for the determination of their partnership, the partnership is a partnership at will, he has no answer. ..... it is therefore clear that since the partnership deed does not provide for the duration of partnership and since it also provides that the provisions of the partnership act will govern the agreement between the parties, it has to be held that it was a partnership of will. ..... so far as the duration of partnership is concerned, the deed of partnership is silent, but according to the counsel for the original defendant, it is a partnership at will by virtue of provisions of section 7 of the partnerships act. .....

Anil Shankarrao Zade Vs. State of Maharashtra

Court : Mumbai

Reported in : 2002(1)MhLj592

..... state of gujarat reported in 1991 (2) crimes 160 while dealing with the question of release of prisoners on parole or furlough with reference to section 32a of the ndps act, 1985 held that since parole means suspension of sentence and furlough amounts to remission of sentence and in view of the clear mandate of the parliament under section 32a of the ndps act not to suspend or remit sentence awarded in the said act, the prisoners were not entitled to be released either on parole or furlough. ..... thus, in cases which are covered by section 12 of cofeposa, the period of temporary release would be governed by the conditions of release whether contained in the order or the rules or instructions and where the conditions do not prescribe it as a condition that the period during which the detenu is out of custody, should be excluded from the total period of detention, it should be counted towards the total period of detention for the simple reason that during the period of temporary release the detenu is deemed to be in constructive custody. ..... reported in 1987 cri.lj 1932, full bench of the gujarat high court has laid down that the parole and furlough rules are part of the penal and prison reform with a view to humanise the prison system. .....

Reliance Industrial Infrastructure Ltd. Vs. Jt. Cit

Court : Mumbai

Reported in : (2002)75TTJ(Mumbai)606

..... cit (supra), was a decision rendered later than the decision cited by the learned departmental representative and was also rendered by a full bench of the supreme court, whereas the decision in madras industrial was rendered by two judges. ..... 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. ..... however, assuming for the sake of argument, without admitting, if the proposition is that the decision in madras industrial (supra) lays down that an accounting principle overrides income-tax law, then it is submitted that the proposition canvassed by learned departmental representative is contrary to the later decision of supreme court in tuticorin alkali chemicals v ..... in reply, the learned counsel for the assessee submitted that the decision in the case of madras industrial investment corporation ltd ..... (supra) and decisions of the supreme court the cases of madras industrial investment corporation ltd. ..... here the learned departmental representative invited our attention to the facts and ratio laid down in the case of madras industrial investment corporation ltd. v ..... the learned departmental representative has relied on the decision of the supreme court in madras industrial investment corporation ltd ..... three judges, whereas the decision in madras industrial (supra) was rendered by two judges.15 .....

Reliance Industrial Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... this decision, therefore, was rendered on these peculiar facts and must be limited thereto.however, assuming for the sake of argument, without admitting, if the proposition is that the decision in madras industrial (supra) lays down that an accounting principle overrides income-tax law, then it is submitted that the proposition canvassed by learned departmental representative is contrary to the later decision of supreme court in tuticorin alkali chemicals v. ..... cit (supra), was a decision rendered later than the decision cited by the learned departmental representative and was also rendered by a full bench of the supreme court, whereas the decision in madras industrial was rendered by two judges. ..... " 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. ..... in reply, the learned counsel for the assessee submitted that the decision in the case of madras industrial investment corporation ltd. ..... smt.singanbai (1945) 13 itr 224 (all) and madras high court in the case of bangalore woollen and silk mills co. ..... (supra) and decisions of the supreme court in the cases of madras industrial investment corporation ltd. ..... here the learned departmental representative invited our attention to the facts and ratio laid down in the case of madras industrial investment corporation ltd. v. .....

Jhunka-bhakar Kendrachalak Sanghatna and ors. Vs. State of Maharashtra ...

Court : Mumbai

Reported in : 2001(4)ALLMR164; 2002(1)BomCR246; (2002)1BOMLR560; 2002(1)MhLj89

..... on the expiry of the period of the licence, the licensee undertook to remove the furniture, articles and things belonging to him from the said centre, and hand over possession of the stall together with fixtures, fittings, etc clause of the licence provide that if the licensee charged more than one rupee per plate of zhunka and two bhakaris to be provided under the scheme or stops providing zhunka bhakar at the said centre, or commits breach of any of the terms and conditions of the licence, the government shall have a right ..... in our opinion, the doctrine of promissory estoppel cannot be invoked in the abstract and the courts arc bound to consider all aspects including the results sought to be achieved and the public good at large, because while considering the applicability of the doctrine, the courts have to do equity and the fundamental principles of equity must for ever be present to the mind of the court, while considering the applicability of the doctrine. ..... we have not found evidence of mala fide exercise of power by the state government in this case, and it appears to us that the government has acted in the larger public interest on a bona fide conclusion reached by it on thebasis of material on record that the scheme had failed to achieve its objective, and deserved to be withdrawn. ..... exports (madras) pvt. ..... 1932 3. .....

Polaroid India Private Limited Vs. Nav Nirman Co. and ors.

Court : Mumbai

Reported in : 2001(2)BomCR657; (2001)2BOMLR145; (2001)1CompLJ415(Bom)

..... equally, the existence of the remedy under the indian partnership act, 1932 to seek dissolution does not bar the remedy to apply for winding up under part x of the companies act, 1956 subject to the due fulfilment of the special requirements of that part.8. ..... it has been sought to be contended that under section 583 of the act only an unregistered company may be wound up and the respondent which is duly registered under the indian partnership act, 1932 is not an 'unregistered company' within the meaning of the expression used in the companies act. ..... 'therefore the remedy to seek a dissolution of a registered partnership under the provisions of the indian partnership act, 1932 is not ousted by the provisions of part x of the companies act. ..... there is no doubt about the fact that in the case of a partnership registered under the indian partnership act, 1932, the remedy for a dissolution of partnership is also provided in chapter vi of the act. ..... this brief review of the provisions of the partnership act along with the provisions of the companies act relevant for the purpose indicates that if there be a legal relationship of partners called 'a jinn' either registered or unregistered, such a relationship can be brought to an end by the process of dissolution contemplated by chapter vi of the partnership act and nothing in part x of the companies act affects that position. ..... madras sapper ex-servicemen's rehabilitation association and another. .....

J.J.L.B. Engineers and Contractors Through Its Partner Balabeersingh V ...

Court : Mumbai

Reported in : 2001(2)ALLMR149; 2001(3)BomCR577

..... on the other hand, it is the contention of the respondents that bhupindersing had implied consent of all the partners for reference of dispute to the arbitration, besides the partners of the appellant by their conduct had either ratified the agreement executed by bhupindersing or waived their right to object to the award, apart from the fact that the objections filed by the appellants were beyond the period of limitation prescribed for filing objection under sections 30 and 33 of the said act.5. ..... the learned advocate for the respondents, referring to clause 14 of the partnership deed dated 1-4-1979 of the appellant firm has submitted that the same clearly authorised each of the partners including bhupindersing to enter into correspondence with others for and on behalf of the firm which authority includes powers to sign any document and therefore, the agreement executed by bhupindersing agreeing on behalf of the firm to refer the dispute to arbitration cannot be said to be bad in law or in any manner contravening the provisions contained in section 19(2)(a) of the partnership act ..... other words, though section 18 considers a partner as the agent of the firm for the purposes of business of firm, section 22 specifically provides that in order to bind a firm, the act of the partner should be on behalf of the firm and in the name of the firm, and in the manner expressing or implying intention to bind the firm. ..... the learned single judge of the madras high court in the matter of ..... 1932 .....

Rukmini Dattatraya Naik (Smt.) and ors. Vs. Parmanand Lalchand Joshi a ...

Court : Mumbai

Reported in : 2000(4)ALLMR758; 2001(2)BomCR141

..... the division bench of this court thus ---'turning to the merits of the appeal, it is obvious that it was not brought to the notice of the learned district judge when he passed the preliminary order of abatement on 21st october, 1932, that with the exception of two respondents' heirs and legal representatives, all the remaining deceased respondents' heirs and legal representatives were ordered by the court to be brought on the record upon the application of the appellants. ..... 1937 bombay, 401 considered the question whether upon the death of the respondents in the appeal, the application of appellant to bring legal representatives of deceased respondent having been allowed, was it the duty of the appellants to take steps to carry out the order allowing legal representatives to be brought on record or was it required of the court establishment to perform that ministerial function by making necessary corrections in the array of parties. ..... patel rudrappa and others, : air1976kant29 concurred with the aforequoted view of this court and held that once the order is made under order 22, rule 3 or 4, the said order is to be given effect to by recording the names in the cause title of the pleadings and it might be done either by the party who obtained the order or by the office of the court. ..... on the application for amending the record subsequently made on 10th november, 1932, the court became aware that the neglect was due to the office establishment's failure to carry out the court's order. .....