Court : Mumbai
Reported in : (1986)51CTR(Bom)38; [1986]161ITR129(Bom); [1986]25TAXMAN15(Bom)
..... ) on behalf of the assessee, the provision of section 13(b) of the indian partnership act, 1932, were brought to the notice of the supreme court. ..... , their shares in the profits shall be accumulated to the credit of the ..... the parties hereto and the said minors shall be liable for the liabilities of the said firm in the proportion of their shares in the said partnership provided, however, it is hereby agreed between the parties hereto that the said minors shall be entitled to the benefits of the partnership only and shall not be liable for any obligations of the said firm but their shares in the said partnership only shall be liable for any obligations of the said firm and that pending the said minors attaining the age of majority ..... we may note that the madras high court in addl. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1985Bom436; ILR1985Bom1978
..... petitioners are a firm registered under the partnership act, 1932 and they carry on the business of providing motor transport to the public. ..... with this contention, observed that: 'it is true that the rights of the applicants for such permits under the act have to be determined on the basis of the relevant provisions of the said act, but apart from the statutory provisions of the act, it would be fully permissible for the state transport authority, which has to act in public interest and for the benefit of the commuters who avail of the transport facilities, to take into consideration the kind of vehicle which is available with the operator, the experience of the operator and his record which will indicate ..... the nature of his performance and also whether he had violated any .....
Tag this Judgment!Court : Mumbai
Reported in : [1986]17ITD833(Mum)
..... even though, therefore, for the department certain clauses of the lease deeds and also certain observations in the directors report have been pointed out to indicate that the assessee had no intention of carrying on the business, from the conduct of the assessee and the financial and other commitments entered into by it, the departments stand in this regard cannot be accepted as correct. ..... ltd.s case (supra) clearly indicated on the terms of the lease deed that the intention of the assessee was to part with the entire machinery of the factory and the premises with the obvious purposes of earning rental income. ..... cit : [1969]74itr7(sc) applied to the facts of the case, the ito treated the lease amount received as income assessable under section 56 of the income-tax act, 1961 (the act). ..... the negative evidence relating to the carrying on of the ancillary activity, the huge support extended financially and materially to the agriculturists producing sugarcane solely for supply to this factory and the retention of the manufacturing licence and other legal rights with the only shows that the business was expected to be carried on though a proper instrumentality if not by itself. ..... referring to the facts leading to the lease, it is pointed out that even in 1932, the assessee-factory was established with a crushing capacity of about 1,000 tonnes. .....
Tag this Judgment!Court : Mumbai
Reported in : 2(1985)ACC506
..... with third party risks the supreme court then held that the expression any one accident' occurring in section 95(2) and sub-sequent liability ..... in fact, the court after examining and analysing the matter in detail observed that the expression any one accident' occurring in section 95(2) is susceptible of two equally reasonable meanings or interpretations and therefore, since such expression gives cause to ambiguity in the language used by the legislature in the opening part of section 95(2), the doubt arising out of the correlation of that language with the words 'in all' which occur in clause (a) ought to be resolved by having regard to the underlying legislative purpose of the provisions contained in chapter viii of the act which deals ..... he placed reliance in support of this submission in the decision of the kerala high court in the case of madras motor and general insurance co. ..... balakrishnan 1932 acj 460 and further contended that the decision of the supreme court in sheikhupura transport co. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom208; 1984(1)BomCR530; (1983)85BOMLR611; 1984MhLJ1
..... under section 8 of the hindu succession act, the property of the male hindu dying intestate devolves firstly upon the heirs being the relatives specified in class i of the schedule; secondly if there s no heir of class i, then up on the heirs, being the relatives specified in class ii of the schedule; thirdly, if there is no heir any of the two classes, then upon the agnates of the deceased and lastly if there is no agnate, then upon the cognates of the deceased. ..... according to the learned counsel for the appellants, in view of the provisions of section 18 of the hindu succession act, all the children of the deceased baburao who was the step-brother of amrit will have to be excluded and according to the learned counsel, the view taken by the trial court relying upon purshottam's case that the nature of relationship of defendants nos. ..... the plaintiff's claim to the extent of 1/16th, that is, one anna share was decreed on the basis of the law laid down in purshottam's case : air1976bom375 cited (supra) in the view which we have taken, all the heirs, who claim to succeed to the property of amrit by virtue of they being the sons and daughters of baburao, the step-brother of amrit, must now he held to be excluded under section 18 of the hindu succession act. ..... 1 to 5 are her sons and daughters bhagirathibai died in 1932. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom47
..... section 8 of the act says that an application for the registration of the society must be accompanied by copies of the proposed byelaws of the society and as provided in section 9 the proposed society will be registered under the act by the registrar only if it has complied with the provisions of the act and rules and that its proposed bye;laws are not contrary to the act or to the rules. ..... 'we are unable to appreciate how the principle laid down in the said case has any application to the instant case so far as the applicability of article 19(1)(c) is concerned when the members by their voluntary action decide to get the society registered and thus of their own volition submit to the restrictions as may be incorporated in the byelaw of the society or in the act itself, provided the provisions contained in the act are not otherwise invalid. ..... under section 20, two or more societies with the previous approval of the registrar can enter into partnership for carrying out any specific business , or business and to such a partnership the provisions of indian partnership act, 1932, do not apply. ..... 1418 of 1981: 1983 mah lj 719further shows that on all india conference of the chief ministers and of state ministers for cooperation was held at madras on june 18, 1968 and the important measures suggested by the said conference in regard to the curbing of vested interests in cooperative societies were: (1) restriction on holding office for more than the prescribed number of terms. .....
Tag this Judgment!Court : Mumbai
Reported in : [1983]54CompCas723(Bom)
..... by allotment of further shares, then, (a) such further shares shall be offered to the persons who, at the date of the offer, are holders of the equity shares of the company, in proportion, as nearly as circumstances admit, to the capital paid up on those shares at that date; (b) the offer aforesaid shall be made by notice specifying the number of shares offered and limiting a time not being less than fifteen days from the date of the offer within which the offer, if not accepted, will be deemed to have been declined; (c) unless ..... the power of rectifying the register given by the 35th section of the act of 1862 is discretionary in this sense-that the court properly can only exercise it if satisfied of the justice of the case, and on many applications the court has declined to exercise this power on the ground that it would not be fair to do so, or, to put it more technically, that the applicant has not established any equity to disturb the existing state of things. ..... bapuswami : air1961mad276 , the madras high court had to decide the nature of a document, namely whether it was a mortgage by conditional sale or a sale with a condition of repurchase. ..... , in re (1932) all er 889. .....
Tag this Judgment!Court : Mumbai
Reported in : 1983CriLJ1654
..... a similar test has been laid down when it was observed that it is not every offence committed by public servant that requires sanction for prosecution under section 197 of the code, nor every act done by him while he is actually engaged in the performance of his official duty, but if the act complained of is directly concerned with his official duty so that, if questioned, it could be claimed to have been done by virtue of his official duty and it is in that event only that ..... , in section 197 of the code when properly dissected is split up into different clauses the first being with reference to such person as placed in one of the categories of being a public servant who is not removable from his office without the sanction of the government; the second clause pertains to the nature of the accusation vis-a-vis the offence charged and the third which is integrated with the second clause indicates that the said offence should have been committed, by him while acting or purporting to act in the discharge of his ..... the impugned order recorded by the learned magistrate on august 30, 1932 dismissing the complaint filed by the petitioner on behalf of her husband on the ground of absence of sanction under section 197 of the cr. p.c. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1983Bom317; (1983)85BOMLR134
..... kunjabmu, : [1980]2scr260 , in which the vires of section 60 of the madras co-operative societies act, 1932, was challenged on the ground that it amounted to excessive delegation. ..... notification published in the calcutta gazette, extended all the provisions of that act to the khasi and jaintia hills, declaring the administration of civil and criminal justice within that district to be vested in the commissioner of assam, subject to the general direction and control of the lieutenant-governor, and further providing that the commissioner should exercise the powers of the high court in the civil and criminal cases triable in the courts of the district, subject to the proviso that no sentence of death should be carried out without the sanction of the lieutenant-governor. ..... 'the court then examined the madras act, its preamble and its scheme to find out whether the legislature had laid down any policy or guidelines. ..... it held that the madras act was a welfare legislation and referred to its preamble for that purpose. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1983Bom226
..... (ii) that the defendants having been adjudicated insolvent each of the partners of the firm, must be deemed to have become insolvent and he could not be proceeded against in any court.the plea that the petitioner was absolved from the liability because he had retired from the partnership on 31-10-1976 was repelled by the court on the ground that the notice of his retirement was not given by him as required under the partnership act. ..... 7 of the act provides that powers to decide all questions arising in any case of insolvency coming within the cognisance of the court or which the court may deem it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property of the insolvent. ..... who was the partner of the firm but who is not amenable to the jurisdiction of the insolvency act under s. ..... 99 of the president towns insolvency act.the answer to the first contention of mr. ..... being partners,, or any person carrying on business under a partnership name, may take proceedings or be proceeded against under this act in the name of the firm. ..... 7 of the insolvency act against the petitioner. ..... section 99 of the act provides that any two or more persons. ..... 7 if the act. ..... 99 of the insolvency act. ..... 99 of the presidency towns insolvency act. .....
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