Court : Mumbai Aurangabad
..... may be given by the controller; (e) surrender the licence in the event of closure of business and/or cancellation of licence; (f) (i) present ..... under rule 8, which reads thus: 8 conditions of licence for repairer:- (1) the person in whose favour licence for repairs is issued, shall, - (a) comply with all the relevant provisions of the act and rules made thereunder for the time being in force; (b) not encourage or countenance any infringement of the provisions of the act or the rules made thereunder for the time being in force; (c) display in a conspicuous places licence issued or renewed under the act in the premises to which it relates: (d) comply with any general or special directions that ..... has the same meaning as under section 4 of the indian partnership act, 1932 (9 of 1932). .....
Tag this Judgment!Court : Mumbai
..... . from the perusal of the judgment of supreme court in the aforesaid judgment and judgments of this court, the following statement of law can be culled out:- a) section 31(7) of the arbitration and conciliation act, 1996 deals with the power of the arbitrator to award interest at such rate as it deems reasonable on the whole or any part of the money in the whole or any part of the period between the date on which the cause of action arose and the date on which the award is made however subject to the agreement as regards the rate of interest on unpaid sums between the parties ..... of a written instrument at a certain time, then, from the date when the debt is payable to the date of institution of the proceedings; (b) if the proceedings do not relate to any such debt, then, from the date mentioned in this regard in a written notice given by the person entitled or the person making the claim to the person liable that interest will be claimed, to the date of institution of the proceedings; provided that where the amount of the debt or damages has been repaid before the institution of the proceedings interest shall not be allowed under this ..... ramchandra kashinath mastakar, reported in air 1932, bombay 51, page 55. 64. .....
Tag this Judgment!Court : Mumbai
..... . from the perusal of the judgment of supreme court in the aforesaid judgment and judgments of this court, the following statement of law can be culled out:- a) section 31(7) of the arbitration and conciliation act, 1996 deals with the power of the arbitrator to award interest at such rate as it deems reasonable on the whole or any part of the money in the whole or any part of the period between the date on which the cause of action arose and the date on which the award is made however subject to the agreement as regards the rate of interest on unpaid sums between the parties ..... of a written instrument at a certain time, then, from the date when the debt is payable to the date of institution of the proceedings; (b) if the proceedings do not relate to any such debt, then, from the date mentioned in this regard in a written notice given by the person entitled or the person making the claim to the person liable that interest will be claimed, to the date of institution of the proceedings; provided that where the amount of the debt or damages has been repaid before the institution of the proceedings interest shall not be allowed under this ..... ramchandra kashinath mastakar, reported in air 1932, bombay 51, page 55. 64. .....
Tag this Judgment!Court : Mumbai
..... that interest was payable not only in terms of the general principle of partnership and highlighted in the indian partnership act, 1932, but also on the broad consideration under section 24(b) of the income tax act, 1961. ..... in the assessment years 1975-76 and 1976-77, the assessee claimed that the rental receipts in respect of the second floor should be considered under the head business as the entire property has been constructed with a view to use the same for the purpose of its business and that the surplus accommodation due to its shifting of branches outside madras was let out. ..... eventually, as the madras high court held, the fundamental position had to be ascertained and that was whether a particular building or premises was a commercial asset or a house property. 29. ..... in holding and taking the above view, the hon'ble madras high court distinguished the judgments and particularly in the case of east india housing and land development trust ltd. ..... the madras high court case ought to be then noticed. ..... on a reference by the tribunal, the hon'ble high court of madras held that as the building in question was a commercial asset, the assessee could exploit it either by itself or by letting it to others. ..... (1988) 169 itr 597 and finally the order passed by the hon'ble madras high court in commissioner of income tax vs. v.s.t. ..... there, the assessee was a company carrying on business as authorised dealers in tata diesel vehicles in a building on mount road in madras. .....
Tag this Judgment!Court : Mumbai
..... -holders, in relation to such shares in, or debentures of the company to the exclusion of all other persons, unless the nomination is varied or cancelled in the prescribed manner. 13. ..... of the companies act, 1956 reads: (3) notwithstanding anything contained in any other law for the time being in force or in any disposition, whether testamentary or otherwise, in respect of such shares in, or debentures of, the company, where a nomination made in the prescribed manner purports to confer on any person the right to vest the shares in, or debentures of, the company, the nominee shall, on the death of the shareholder or holder of debentures of, the company or, as the case may be, on the death of the joint-holders become entitled to all the rights in the shares or debentures of the company or, as the case may be, all the joint ..... this was also the view of the madras high court in d. ..... canvey island commissioners [1932] 1 ch. .....
Tag this Judgment!Court : Mumbai
..... the exercise thereof is subject to the court satisfying that (1) there is a serious disputed question to be tried in the suit and that an act, on the facts before the court, there is probability of his being entitled to the relief asked for by the plaintiff/defendant; (2) the court's interference is necessary to protect the party from the species of injury. ..... 4 is a partnership firm registered under the provisions of the indian partnership act, 1932. ..... that is how the parties proceeded and the rights that have been granted include one which enables samarth development corporation to obtain or modify the change of user in respect of the property or part thereof under the provisions of the maharashtra regional and town planning act, 1966 from any authorities there-under to obtain sanction and approvals of statutory authorities so as to undertake the development of the property or any part or portion thereof. ..... order 39, rule (c) provides that temporary injunction may be granted where, in any suit, it is proved by the affidavit or otherwise, that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the court may by order grant a temporary injunction to restrain such act or make such other order for the purpose of staying and preventing .. .....
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..... were minor and were residing in the village, the respondent no.1 prepared the deed of partnership dated 01.03.1996 in the name and style of m/s.seemaben s.patel showing himself, his wife respondent no.2 and the petitioner as the partners in the said firm having 1/3rd share each and bringing in the said gala no.206 to form the partnership property on the condition that the value of the said gala was rs.7.50 lacs and that on the payment by the respondents of 2/3rd the value thereof to the petitioner, all the partners would have equal shares ..... the learned counsel placed reliance on section 4 of the partnership act, 1932 and would submit that the partnership deed can be entered into only with an intent to carry on business. ..... reliance is placed by the learned counsel on the judgment of the madras high court in the case of m.m. ..... the learned counsel also placed reliance on the judgment of the madras high court in the case of mohideenbee vs. ..... in support of this plea, the learned counsel placed reliance on the judgment of the madras high court in the case of chitturivenkataratnam and ors vs. ..... ramanathan chettiar and ors, air 1969, madras 257 and in particular paragraphs 7 and 8 on the issue of limitation which reads as under:- 7. ..... syed meer saheb, vol.xxxviii, the indian law reports, madras series, 1099. .....
Tag this Judgment!Court : Mumbai
..... in the said matter, necessary leave, as the land is situated out of the territorial jurisdiction of mumbai, was not obtained and, therefore, the learned single judge relied on the judgment of the full bench in the case of prabhakar(supra) read with the judgment of division bench in the case of deviduttram niranjan das versus shriram narayan das, reported in 1934 blr 236 = air 1932 bombay 291. ..... there is no specific power of rejection of plaint under the provisions of recovery of debts due to banks and financial institutions act, 1993, wherein section 22 (1) of the act, provides that the tribunal shall not be bound by the procedure laid down by civil procedure code. ..... the learned counsel submitted that the jurisdiction of the civil court is expressly barred under the maharashtra co-operative societies act, and therefore, the order cannot be said to be passed under order vii rule 10, but it is the order under order vii rule 11, hence appeal is not maintainable instead first appeal should have been filed. ..... section 22 of the recovery of debts due to banks and financial institutions act, 1993 lays down the procedural powers of the tribunal and it says that it is not bound by the procedure laid down by the code of civil procedure. ..... in the said case observation of the supreme court in raizadatopandas (supra) were referred, wherein the supreme court dealt with the interpretation of section 28 of the bombay rents hotel and lodging house rates control act, 1947. .....
Tag this Judgment!Court : Mumbai
..... he submitted that each and every partner of the firm is an agent of the firm and has to act in accordance with the powers and authorities under the partnership deed as well as under the provisions of the partnership act, 1932. 31. ..... the learned counsel placed reliance on sections 18, 19(2(c), 19(2)(g), 20, 21 and 22 of the partnership act, 1932 and would submit that even if peter drego had executed any such power of attorney in favour of mr.samsuddin, he being one of the partner could not have implied authority to transfer any immovable property belonging to the firm or could not have compromised or relinquished any claim or portion of a claim on behalf of the firm. ..... it is submitted that even the alleged power of attorney was executed contrary to the provisions of the partnership act, 1932 and could not be acted upon. 33. ..... peter drego, who was an acting partner of m/s.drego enterprises, had implied authority to represent the firm and to execute power of attorney in favour of a third party to represent them and take an action on behalf of the firm under sections 18 and 19 of the indian partnership act, 1932. ..... section 18 of the partnership act postulates that "subject to the provisions of the act a partner is the agent of the firm for the purposes of the business of the firm". .....
Tag this Judgment!Court : Mumbai
..... the two first illustrations attached to section 124 make clear what may be only implicit in the actual wording of the section, namely, that it does not apply if a period is specified in the will within which the contingent event is to happen, or, putting it otherwise, that the section only applies, if without doing violence to the terms of the will, it can be held, as a matter of words, that the occurrence of the uncertain event prior to the period when the fund bequeathed is payable or distributable, is alone within the contemplation of the testator. ..... 's sons dying without leaving lineal male issue him surviving the other of my son or sons or son's sons living at the time shall be equally entitled to his or their share of the property as he or they would inherit under the hindu law, but should i die without lineal male descendants the son or sons to be adopted by my wife shall inherit the whole of my residuary estate, but he shall not be put in possession until he attains the age of 21 years, and should any of my heirs or residuary legatees ..... the appellant (the original plaintiff ) argued first that clause 14 of the testators will was governed by section 124 of the succession act. ..... ) 893 : air 1932 pc 269 : (1933) ilr 60 p.c. .....
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