Court : Mumbai
..... protection to the applicants /accused. moreover, the proceeding before the charity commissioner are pending. both the parties have filed proceeding under section 41(d) of the bombay public trust act before the charity commissioner. in this case, it appears both the families are having enmity and became hostile against each other as ..... be taken into account and on this point he relied on the ratio laid down in the judgment of "siddharam satlingappa mhetre vs. state of maharashtra and others, (2011) 1 supreme court cases 694" wherein the parameters are laid down by the apex court while dealing with anticipatory bail. he ..... of economic offences, the hon'ble supreme court has taken a very strong view that in such cases the court should not use the powers to grant pre arrest bail. in support of his submissions, he relied on the following case laws : (1) (1997) 7 supreme court cases 187, state vs. anil sharma. ..... in this case huge amount of 200 crores is involved. so also the applicants/ accused are prosecuted for the white collar offence punishable under section 467 of the indian penal code wherein the punishment is upto life imprisonment. the applicants/accused are likely to commit the similar offence if bail ..... 1. the applications are moved for pre arrest bail as the applicants/accused are facing charges for the offences punishable under sections 420, 465, 467, 468 and 471 read with 34 of the indian penal code in c.r. no.323 of 2015 registered with rabale police station, thane. the offence .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1994)LC618Tri(Delhi)
..... applicant so that he is in a position to deposit the entire amount of penalty or even part of it for the purposes of section 129e of the customs act. the mere fact that the applicant had been the former minister in the state of andhra pradesh or he had been the managing director ..... the proceedings have been stayed by hon'ble andhra pradesh high court. he has denied that invested part of his wealth in the name of his brother, shri thimmayya and established a poultry farm at sholapur in maharashtra. he has also denied that he has got any connection with the said poultry farm. he has stated ..... documentary evidence. i have to observe that the allegations made by the collector, as stated earlier, are on the basis of intelligence gathered by dri, bombay. an intelligence may be a basis for taking further investigation by way of search and raids or by any other method but an intelligence by itself cannot ..... the collector regarding the financial soundness of the applicant/appellant bases itself on the intellegence gathered by dri, bombay. there are ten allegations made in para 4 of the said affidavit at s. nos. (i) to (x) which, according to the collector, point ..... by the applicant as received by him from the collector.9. i have gone through the affidavit dated 4-8-1993 of the collector of customs, bombay, rebuttal of evidence of the applicant dated 4-11-1993 and the parawise comments of the collector. it is to be noticed that the affidavit of .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1994(2)ALT146; 100CompCas193(AP)
..... the other reason for not responding to contribute towards the increased share capital by the khemkas and the ninth respondent is that as they have promoted a new company, viz., andhra polymers limited (hereinafter called 'appl') and also joined in a joint venture company umm-al-quwain rubber industries ..... facts involving investigation are alleged, review cannot be considered. a decision in chandrakant jagannath manjrekar v. shripad vaikunth naik, : air1989bom91 , of the bombay high court, is cited to show that a decision cannot be reviewed merely because it is an erroneous one. learned counsel has also placed ..... of winding up under the inherent powers of the court under rules 6 and 9 of the companies (court) rules read with section 151 of the civil procedure code. 8. in the said case, an order of winding up was passed under section 433(e) of the act. so, according to learned counsel, ..... lies upon the person to establish under what circumstances he put his signature. learned counsel has also relied upon a decision in s. p. chengalvaraya naidu v. jagannath : air1994sc853 and in ramchandra ganpat shinde v. state of maharashtra : air1994sc1673 and contends that any order obtained without disclosing the ..... expressly or by necessary implication exhaust the scope of the powers of the court or the jurisdiction that may be exercised in relation to a matter the inherent power of the court cannot be invoked in order to cut across the powers conferred by the code. the prohibition contained in the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2009(8)SCALE211:2009AIRSCW6534
..... board appointed by the state government vide order dated 04.10.2005 to the rokdeshwar sahakari soot girni ltd., basantnagar is hereby dissolved, and in exercise of powers under section 157 of the maharashtra cooperative societies act, 1960 the state government has appointed administrative board of following persons, who are eligible for appointment as administrator, for a period of 2 years i ..... 1. leave granted.2. these appeals are directed against a judgment and order dated 6.5.2008 passed by a division bench of the high court of judicature at bombay bench at aurangabad in writ petition no. 1056 of 2006 whereby and whereunder the writ petition filed by the first respondent herein was allowed.3. respondent no. 3 is ..... v. k. kunjabmu and ors. : 2scr260 , held as under:12. the policy of the act is there and so are the guidelines. why the legislation' 'to facilitate the formation and working of cooperative societies.' cooperative societies, for what purpose' 'for the promotion of thrift, self-help and mutual aid.' amongst whom' 'amongst agriculturists and other persons with common economic ..... needs.' to what end' 'to bring about better living, better business and better methods of production.' the objectives are clear, the guidelines are there. there are numerous provisions of the act dealing with registration of societies, rights .....Tag this Judgment!
Court : Mumbai
..... ought to be based on definite and relevant material. the power to refuse the certificate is to be exercised in the manner set out in section 5(2) of the act. if the board acts contrary thereto, then, its decision can be set aside in terms of the power of judicial review. 19. in assailing the impugned order ..... one will have to apply a test, as has been applied by the hon'ble supreme court in the case of devidas ramchandra tulzapurkar vs. state of maharashtra, air 2015 sc 2612. that is of contemporary community standards test (see paras 26, 59 and 60). 63. in todays world, new generation of ..... and if it is able to do this, it will be an achievement of great social value." "this court upheld the finding of the bombay high court that the serial viewed in its entirety is capable of creating a lasting impression of this message of peace and co-existence and there ..... the additional documents submitted by mr. kadam and the revised disclaimer, submitted that there is no fundamental right to vulgarity, obscenity and immorality. merely because 34 movies with abusive words have been allowed to be viewed by the public in the past does not mean that the board cannot take a decision of ..... douglas said in his tagore law lectures (1939), have the flavour of due process rather than what was conceived as the purpose of the first amendment. this is because social interest of the people override individual freedom. whether we regard the state as the paren patriae or as guardian and promoter of general welfare .....Tag this Judgment!
Court : Mumbai
..... of the maharashtra ownership of flats (regulation of the promotion of construction, sale, management and transfer) act, 1963, they failed to respond, which prima-facie shows that the respondents have acted in concert and as such aided and abetted each other in commission of an offence under section 7 of the mofa, and were thus liable under the said provisions with the aid of section 34 of ..... applying to respondent nos.1 and 2 individually or with the aid of section 34, as respondent nos.1 and 2 are admittedly flat purchasers. 10. the term 'promoter' has been defined under section 2(c) of the said act (amendment dated 25.2.2008). it means "[a person and includes a partnership firm or a body or association of persons, whether registered or not ..... , he shall execute the conveyance within the prescribed period and deliver all documents of title relating to the property which may be in his possession or power. 9. a perusal of section 5 of mofa shows that it is the promoter who is required to maintain a separate account in any bank of the sums taken by him, from persons intending to take or ..... the applicant-society, being 101 from m/s.om maruti developers pvt. ltd. according to the applicant -original complainant a commercial-cum-residential plot in sector 8 at airoli, new bombay, was given on lease by cidco to m/s.om maruti developers pvt. ltd., vide letter dated 11th january, 1995. it was clearly stated in clause - (ii) of the assignment .....Tag this Judgment!
Court : Chennai
Reported in : 115CompCas507(Mad)
..... issued by the carrier for the delivery of cargo to the carrier was made at madras port for delivery to the purchaser in egypt. in view of section 39 of the sale of goods act, 1930, delivery to a carrier for transmission to the buyer is delivery of goods to the buyer. there were no circumstances to show that the plaintiff has ..... to extension of the warranty period which had expired. it is further stated that the action of the beneficiary is totally fraudulent apart from causing irretrievable injustice and the entire exercise by the beneficiary is a calculated scheme of fraud perpetrated by them on the plaintiff with a view to secure an unjust enrichment. now the beneficiary has chosen to invoke ..... within the jurisdiction of the delhi high court, suit was not maintainable. the contract was executed in bombay and performance of the contract was also required to be done in bombay but the bank guarantee executed by the respondent at delhi was transmitted to bombay for performance of the contract. as the suit was filed for perpetual injunction before the delhi high court ..... electricity board; :22. reliance is also placed on state of maharashtra v. m. n. kaul, : that whether a guarantee is enforceable or not depends upon the terms under which the guarantor bound himself. the guarantor cannot be made liable beyond the terms of his engagement. enforceability of the guarantee also depends upon its terms.23. it has been also held in dwarikesh .....Tag this Judgment!