Judgment Search Results Home > Cases Phrase: the madras marumakkattayam act 1932 Sorted by: recent Court: mumbai Page 9 of about 919 results (0.072 seconds)

M/S. Real Logistics Shipping Agencies Vs. Commissioner of Customs, Pun ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... the learned advocate also produced the form e under indian partnership act, 1932 which confirms the notice of the change of constitution of the firm effecting the change by indicating shri haresh v. ..... now it is the duty of the commissioner of customs to verify the documents as to whether the change in constitution is as per the indian partnership act, 1932 or not. ..... section 128a; (c) an order passed by the board or the (appellate commissioner of customs), under section 128, as it stood immediately before the appointed day; (d) an order passed by the board or the (commissioner of customs), either before or after the appointed day, under section 130, as it stood immediately before that day: as per section 129, the tribunal has the power to entertain the appeal against a decision or order passed by the adjudicating authority under this act and we find that in this case the commissioner (adjudicating authority) has passed ..... ) wherein the honble madras high court has observed as under:- when once it is conceded that the alternation which has been effected in the running and administration of the partnership firm related only to its reconstitution which was effected either by retirement or by admission, then the proposition is indisputable that the firm continues in the eye of law and it does not by reason of such a change become a new firm or a firm different from that which existed prior to the reconstitution. .....

Mrs. Sabah Adnan Sami Khan Vs. Adnan Sami Khan

Court : Mumbai

Reported in : 2010(112)BomLR1409

..... became irrevocable, parties to a divorce can re-marry without the wife performing halala.on the other hand, mr krishna, learned counsel for the respondent, after inviting our attention to various provisions/sections in the mulla's principles of mahomedan law and to the divorce agreement and more particularly the preamble and clause (3) thereof, submitted that the divorce under the divorce agreement between the appellant and the respondent was by khula and it became irrevocable from the moment the respondent repudiated the appellant as his wife. ..... thus, the impugned order in the present appeal disposes off the matrimonial petition instituted by the appellant by rendering it unsustainable on the sole ground that the marriage of the parties of which she seeks dissolution is void inasmuch as the appellant had not undergone the mandatory requirement of halala, after the dissolution of her first marriage with the respondent on 18.4.2004, as recorded in the deed of divorce executed on the very same day.6. ..... after making these observations in respect of the mode of talak and in view of the admitted position that the appellant had not observed the halala, it was further held that the second marriage of the parties is not legal and valid and consequently the petition filed by the wife for dissolution of her marriage under section 7 of the family courts act, being petition no. ..... air 1932 (lah. .....

Balaji Property and Developers, a Partnership Firm, Registered Under t ...

Court : Mumbai

Reported in : 2010(2)BomCR527

..... in contrast with the submissions made on behalf of the caveator in person the learned senior advocate nitin thakkar with professional cool in his submissions took this court through the provisions of law governing a 'special case' and pointed out therefrom how the learned district judge overstepped its jurisdiction while acting in flagrant disregard of law or the rules of procedure and proceeded to pass the impugned judgment and decree making inroads into the rights of the petitioner without being heard and thereby occasioning ..... when a subordinate court is found to have acted (i) without jurisdiction - by assuming jurisdiction where there exists none, or (ii)in excess of its jurisdiction - by overstepping or crossing the limits of jurisdiction, or (iii)acting in flagrant disregard of law or the rules of procedure or acting in violation of principles of natural justice where there is no procedure specified, and thereby occasioning failure of justice.on the other hand, supervisory jurisdiction under article 227 of the constitution is exercised for keeping the subordinate courts within the bounds of their jurisdiction. .....

Goa State Pollution Control Board Through Its Environmental Engineer V ...

Court : Mumbai

Reported in : 2010(1)BomCR460

..... the respondent is a partnership firm, registered under the provisions of the indian partnership act, 1932. ..... a consent to operate the industry in favour of the respondent-company, according to the learned counsel for the respondent, has been renewed by the goa state pollution control board by its dated 28th may, 2009 under the provisions of the air (prevention and control of pollution) act, 1981 (hereinafter, referred to as 'the act 1981' for short). ..... in exercise of the powers conferred by section 54, read with sub-section (3) of section 31 of the air (prevention and control of pollution) act, 1981 and in consultation with the goa state pollution control board, the government of goa seems to have made the rules called the goa air (prevention and control of pollution) appeal rules, 1997. ..... apart from this, while considering the provisions of the act 1981 and some other such acts promulgated either by the central government i.e. ..... by this petition, the petitioner which is a statutory body, constituted by the state government in pursuance of section 4 of the water (prevention and control of pollution) act, 1974, challenges an order passed by the learned president, administrative tribunal, panaji, goa dated 13th august, 2009. ..... it is a balancing act while considering the competitive interest of the litigants before the court and public. ..... respondent company under the act 1981. .....

Hansabai Shripati Bhosale Vs. Smt. Parubai Gopal Bhosale,

Court : Mumbai

Reported in : 2009(5)BomCR5; 2009(111)BomLR3173

..... the court has to take into account all the other available circumstances which are present in the proceedings while ascertaining the knowledge of the defendant about the identity of the suit property.c] intention and bonafides of the plaintiff the learned judge has to assess from such application and also from the proceedings whether the plaintiff had intentionally suppressed the fact or deliberately misled the defendant or the court to snatch the ..... the another contention raised by the petitioner was that if the amendment sought pertains to the description of the suit property then it goes to the merits of the case and not within the ambit of section 152/153.the correction of the error or mistake in the plaint depends on the nature of the mistake or error as per the ..... dismissed: where an appellate court dismisses an appeal under rule 11 of order xli, the power of the court to amend, under section 152, the decree or order appealed against may be exercised by the court which has passed the decree or order int he first instance notwithstanding that the dismissal of the appeal has the effect of confirming the decree or order, as the case may be, passed by the court of first instance.6. ..... the evidence act the judge had jurisdiction to call evidence for the purpose of showing that the mortgage deed did, in fact, relate to the ..... the bombay and patna high courts : air 1953 bom.122 and : air 1932, patna 238 have taken the view that it is the original court which has the power to amend the .....

Kuljinder Singh Ahluwalia, Lumiere Cooperative Housing Society Limited ...

Court : Mumbai

Reported in : 2009(111)BomLR3022

..... the notice of motion, the learned single judge recorded the following reasons for coming to the conclusion that the suit was barred under the provisions of section 69 of the indian partnership act, 1932.it is clear that this suit falls within the mischief of section 69(1) of the partnership act ..... for hearing before the learned single judge and the court vide the impugned order dated 16th december, 2008 took a view that the suit fell within the mischief of section 69(1) of the partnership act, 1932 and as the partnership was not registered the suit was barred. ..... this stage that the maharashtra amendment act 29 of 1984 inserting section 69(2a) to the partnership act, 1932 substituting section 69(3)(a) was held to be unconstitutional by the supreme court ultra vires to articles 14, 19(1)(g) and 300a of the constitution of india in the case of v. ..... 563 it has been held:( scc p.665 para 4)in substance, the argument is that the court must proceed with the trial, record the evidence, and only after the trial of the election petition in concluded that the powers under the code of civil procedure for dealing appropriately with the defective petition which does not disclose cause of action should be ..... madras high court also took the view that the provisions of section 69(2) of the act could only be attracted to a suit if it was instituted either by or on behalf of the firm that is to say ex facie it purports to be filed either by and on behalf of the firm and this should be clear from the plaint .....

In Re: Reliance Communications Limited, a Company Incorporated Under t ...

Court : Mumbai

Reported in : 2009(111)BomLR3340; [2009]94SCL219(Bom)

..... reliance infratel limited under section 391 and 394 of the companies act 1956 as not maintainable; or(b) in the alternative the hon'ble high court may be pleased to order and direct (i) the petitioner company to amend the scheme to disclose all material facts that are relevant for the proper appreciation of the scheme by the shareholders; (ii) the petitioner company to table the valuation report )iii) the office of the regional director to ascertain whether the scheme is in the interest of the shareholders and (iv) the national advisory committee on accounting standards (nacas) to confirm ..... whether the accounting treatment appearing in clauses 2.3 and 2.4 of the scheme are not ..... 1932 crores, but sold only at rs. .....

Ravinder Singh Ahluwalia of Mumbai Indian Inhabitant Vs. Kuljinder Sin ...

Court : Mumbai

Reported in : 2009(4)BomCR84

..... the shares are the property of the firm as contemplated under section 14 of the partnership act, 1932 or not is again a matter of trial and inquiry. ..... those shares were purchased on behalf of the firm out of the funds paid from the bank account of the partnership, but in the name of rajinder as the partnership firm is not 'a person' within the meaning of section 41 of the companies act, 1956 and, therefore, cannot be a member and as the name of partnership firm also cannot be entered as a shareholder in the record of the company. ..... on 16.12.2008 the said suit was dismissed in view of the bar under section 69(1) of the partnership act, 1932. ..... sections 43, 46, 47 and 53 of the partnership act, 1932 will now take its own course. ..... passing of award and for a period of four weeks therefrom, both the parties, their agents, servants or any person claiming through or under them, are restrained from in any manner selling, transferring, alienating, disposing off, parting with possession or creating any third party rights of any nature whatsoever in respect of the assets and properties of the firm and/or acting upon the corporate and legal benefits arising from the said shares in any manner whatsoever, if not already .....

Shantez a Partnership Firm Registered Under the Indian Partnership Act ...

Court : Mumbai

Reported in : 2009(4)BomCR799; 2009(111)BomLR1338; 2009(4)MhLj37

..... the learned single judge while rejecting the application noticed that the respondents would be in the position of bailee and as such would be bound to take as much care of the goods bailed to them as a man of ordinary prudence would under similar circumstances, take of his own goods of the same bulk, quantity and value as the goods bailed under the provisions of section 151 of the indian contract act. ..... the term `admission' in section 70 of the evidence act relates only to admission of a party in the course of the trial of the suit and not to the attestation of a document by the party executing it. ..... the defendant had pleaded that they were the contractual tenants in respect of the basement since 12-9-90 and in respect of ground floor since 29-11-85; that the lease deeds dated 12-5-94 were never acted upon and were sham documents; two tenancies existed in respect of the ground floor and two tenancies existed in respect of the basement and plaintiff nos. ..... under section 152 of the indian contract act, the bailee in absence of any special contract is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken due amount of care described under section 151. ..... they have made out the case of bailment in terms of sections 148, 151 and 152 of the indian contract act and denied that they have any liability towards the appellants for the alleged loss. .....

Motwani Builders Pvt. Ltd. Vs. Kunal and Co.

Court : Mumbai

Reported in : 2009(3)BomCR64; 2009(111)BomLR1717; 2009BusLR444(Bom); [2009]152CompCas571(Bom); [2009]92SCL401(Bom)

..... that the acts of omission and commission on the part of the company and particularly of its director shri motwani who has been in charge of the affairs of the company were so gross that the said company had defrauded the various creditors of the company. ..... it was averred in the petition that on or about 15.4.1994, on a request made by the appellant company to provide temporary financial assistance to fulfil and discharge its liabilities to acquire and purchase an immovable property being a plot at worli on auction sale by the appropriate authority under the income tax act and for meeting the consideration price of rs. ..... , a partnership firm registered under the indian partnership act seeking an order for winding up of the appellant-company and an order for appointment of official liquidator as a liquidator of the company was also sought.3. ..... a contention was thus raised in the petition that the company was unable to pay its debts and was therefore liable to be wound up under the provisions of the companies act. ..... in the petition, it was averred that the appellant-company was incorporated on 17.2.1982 under the companies act, 1956 as a private company, limited by shares. .....