Court : Mumbai
..... there is one more facet which needs to be noted as argued on behalf of the appellant namely that the act or omissions of the firm are acts or omissions of the partners for the reason that the partnership firm is not distinct from its partners under the indian partnership act 1932 and thus simultaneous penalties cannot be imposed on the partnership firm and the partners. ..... the question as to whether imposition of a penalty on a partnership firm as well as on the partners under section 112 of the act is permissible and justified , the division bench considering the scheme of the act and more particularly, the provisions of chapter xiv which deal with confiscation of goods and imposition of penalties as juxtaposed with the provisions of chapter xvi which deals with the offences and prosecution', held that the essential element both in the case of criminal prosecution and the adjudication proceedings leading to imposition of penalty, is the breach or the contravention of the provisions of the act ..... the constitution bench of the supreme court in the case of commissioner of income tax, madras and another vs. s. v. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... a party seeks an interim relief asserting that there was a dispute liable to be arbitrated upon in terms of the act, and the opposite party disputes the existence of an arbitration agreement as defined in the act or raises a plea that the dispute involved was not covered by the arbitration clause, or that the court which was approached had no jurisdiction to pass any order in terms of section 9 of the act, that court has necessarily to decide whether it has jurisdiction, whether there is an arbitration agreement which is valid ..... the defendant to an action before a judicial authority raises the plea that there is an arbitration agreement and the subject matter of the claim is covered by the agreement and the plaintiff or the person who has approached the judicial authority for relief, disputes the same, the judicial authority, in the absence of any restriction in the act, has necessarily to decide whether, in fact, there is in existence a valid arbitration agreement and whether the dispute that is sought to be raised before it, is covered by the ..... by learned counsel for appellant company and they are as under: (i) that, the first application under section 9 of the act was filed in district court, aurangabad by jugalkishor in the year 2013 and so in view of the provisions of section 42 of the act all the subsequent proceedings ought to have been considered by district court, aurangabad. ..... the aforesaid point has the base of provision of section 69 of indian partnership act, 1932 which .....
Tag this Judgment!Court : Mumbai
..... the facts necessary to appreciate the rival contentions are that the petitioner no.1 is a partnership firm registered under the indian partnership act, 1932 and petitioner no.2 is a partner of petitioner no.1. ..... and whereas, government has decided to modify the regulation no.33(9), regarding reconstruction or redevelopment of cessed buildings/urban renewal schemes (hereinafter referred to as "the said proposed modification"); and whereas, housing department has brought to the notice that housing department has filed an affidavit in one of the court case matter that the guidelines for joint venture shall be issued regarding the development of cessed buildings which are acquired under mhada act, 1976; and whereas, the modification is in public interest, govt. ..... it is not cancelled on the ground that the petitioners were unfit to take-up the redevelopment work or that any deliberate or intentional act of the petitioners is responsible for the delay allegedly in implementation of the scheme. ..... the government is further pleased to inform that any objections/suggestions upon the said proposed modification be forwarded within 30 days from the date of publication of this notice in the official gazette to the deputy director of town planning, greater mumbai having his office at ensa hutments, e-block, azad maidan, mahapalika marg, mumbai-400 001 who is being appointed as an officer under section 162 of the said act. .....
Tag this Judgment!Court : Mumbai
..... till such exercise is completed by the learned arbitrator under section 48 of the indian partnership act, 1932, the learned arbitrator has ample power under section 17 of the arbitration and conciliation act, 1996 to pass an order of interim measures of protection in respect of such subject matter of dispute. ..... byarbitration petition (l) no.1435 of 2015 filed under section 9 of the arbitration act, the petitioner/original claimant has prayed for an order and direction against the respondents to the said arbitration petition to forthwith hand over possession and management of the 'king of iran restaurant' as per and in implementation/compliance of the orders dated 10th march 2015 and 23rd march 2015 passed by the learned arbitrator under section 17 of the arbitration act in favour of the petitioner to the said arbitration petition and for various other reliefs. ..... insofar as the submission of learned counsel for the respondents that in view of section 5 of the arbitration and conciliation act, 1996, this court cannot grant any reliefs so as to enforce the order passed by the learned arbitrator under section 17 of the arbitration and conciliation act, 1996 on the ground that the court cannot intervene in any proceedings other than what is provided under the arbitration and conciliation act, 1996 is concerned, in my view there is no merit in this submission of the learned counsel for the respondents. .....
Tag this Judgment!Court : Mumbai
..... " giving the natural meaning to this word in section 22 of the act, coupled with the principle enunciated by the apex court that when the act does not require that registration of any change is a condition precedent to come into effect, i have no hesitation in taking the view that the amendment to the constitution as well as subsequent elections of the president and members of the governing council, therefore, came into effect from the date of the respective resolutions of the general body. ..... of not less than fifty trust members, proceed forthwith to convene an extraordinary general meeting of the trust members, and in the case of such requisition, the following provisions shall have effect :- (i) the requisition shall state the object of the meeting and shall be signed by the requisitionists and deposited at the offices of the trust and may consist of several documents in like form, each signed by one or more requisitionists ; (ii) if the committee shall not proceed to convene a meeting to be held within twenty-one days from ..... imperial bank of india, air 1932 mad 180, karuppayya v. .....
Tag this Judgment!Court : Mumbai
..... soni s case is that the provisions of the press act and the trade marks act, 1999 must be construed harmoniously ; and that, therefore, where there is valid and subsisting registration with the rni under the press act for a publication title, the use of that title can never constitute infringement of a mark registered under the trade marks act, 1999. ..... court has jurisdiction to entertain and try the present suit?yes*2.whether the plaintiffs prove that they are owners of the registered trademark indian express ??yes*3.whether the plaintiffs prove that the various applications to registrar of newspapers of india (rni) and proposed use of the plaintiffs registered trademark by the defendant in various cities as indicated by the said applications constitutes infringement or intention to infringe the plaintiffs registered trademark?yes4.whether the defendant proves that the plaintiffs registered trademark indian express ? ..... the indian express newspaper itself has been in publication since 1932. ..... 300-301).the word mark s user is shown to be from 1st january 1953, and the label mark s since 31st december 1932. .....
Tag this Judgment!Court : Mumbai
..... 1 is a partnership firm registered under the indian partnership act, 1932. ..... 136 of the constitution and the powers of the high court under articles 226 and 227 of the constitution could not be affected by the provisions made in a statute by the legislature making the decision of the tribunal final or conclusive, we hold that sub-section (1) of section 245s of the act insofar as it makes the advance ruling of the authority binding on the applicant, in respect of the transaction and on the commissioner and income tax authorities subordinate to him, does not bar the jurisdiction of this court under article 136 of the constitution or the jurisdiction of the high court ..... under articles 226 and 227 of the constitution to entertain a challenge to the advance ruling of the authority .....
Tag this Judgment!Court : Mumbai
..... it was also the case of the respondents that the petitioner and the 2nd respondent retained one original each of the agreement, in 1996 the said agreement was revoked, cancelled and torn by the petitioner in the presence of the 2nd respondent and the reliance of the respondents on the said agreement was only to substantiate their case that the agreement which the petitioner was propounding, to be the agreement in the suit, was a forged ..... subjected it or, failing any indication thereon, under the law for the time being in force; or (iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or (iv) the arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration: provided that, if the decisions on matters submitted to arbitration can be ..... not stated specifically in the petition under which part of section 34 of the said act the petitioner is praying for setting aside the award, the counsel for the petitioner, across the bar, submitted that the award has to be set aside under sections 34(2) (a) (ii), 34(2) (a) (iii), 34 (2) (b) (i) and 34(2) (b) (ii) of the said act. 2. ..... the counsel for the petitioner relied upon the judgment in the matter of (air 1932 privy council 89) - ..... narasayya; (air 1928 madras 476(1) - majesty .....
Tag this Judgment!Court : Mumbai
..... subject or enemy firm where any property vested in the custodian under this act has been transferred, whether before or after the commencement of this act, by an enemy or an enemy subject of an enemy firm and where it appears to the central government that such transfer is injurious to the public interest or was made with a view to evading or defeating the vesting of the property in the custodian, then, the central government may, after giving a reasonable opportunity to the transferee to be heard in the matter, by order, declare such transfer to be void and ..... according to this section, if any property vested in the custodian has been transferred either before or after the commencement of the act by an enemy or an enemy subject and where it appears to the central government that such transfer is injurious to the public interest or was made with a view to evading or defeating the vesting of the property in the custodian, then the central government may, after giving a reasonable opportunity to the transferee to be heard, declare such transfer to be void and on making such declaration or order, the property shall continue to vest or to be deemed ..... jay construction company, a partnership firm registered under the indian partnership act, 1932 having its office at d10, everest, tardeo, mumbai 400 034. .....
Tag this Judgment!Court : Mumbai
..... section 4 of the indian partnership act, 1932 (partnership act) defines 'partnership' as the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. ..... therefore, the unilateral and self-serving act, on the part of the respondents in executing deed dated 3 september 1986, almost five years after the date of the institution of the suit, is really not an event, which can make any dent upon the rights accrued in favour of the petitioners on the date of the filing of the suit. 29. ..... the provisions contained in section 13(2) of the bombay rents, hotel and lodging house rates control act, 1947 do not oblige the court to take into consideration the issue of hardship, if any, that may occasion to unlawful sub tenants or any other persons who may be carrying on business from the suit premises. ..... under the provisions of section 3(1)(b) of the maharashtra rent control act, 1999, a company having paid up share capital of more than rupees one crore is not entitled to protection of the rent act. ..... on such basis, the company urged that it was out of the clutches of section 3(1)(b) and consequently entitled to protection of the rent act. ..... such right could not have been set at naught by the tenant by unilateral act by passing a resolution to reduce 'paid up share capital' of the company. ? 30. ..... section 6 of the partnership act provides for mode of determining existence partnership. .....
Tag this Judgment!