ACHIEVEMENTS ATTAINED BY MR. J.D. MASANI our Senior Partner
Sr. No. Act/ Legislation Brief Facts of the Case Law Point Decided in the Matter Benefit Accrued/ Accruing to the Client
1 Agricultural Land Ceiling Act.
Government moved to acquire Client's agricultural land (sugarcane production) as his holding was more than the specified limits. 3 successive Writ Petitions were filed on the grounds of procedural errors by Govt. Officers-Subsequently suit was filed in the lowest Court-leaving ample time for appeals.
  
The acquisition of clients land was delayed and therefore clients was able to use his land for a longer span of time.
2 Companies Act,1956
Remuneration paid to (Legal Advisor), Director, with qualifications approved by Central Govt., not be calculated for the overall managerial remuneration- consent given by Govt. but conditions imposed-Such conditions illegal.
  
Company could pay higher managerial remuneration because fees paid to Solicitors deducted from overall managerial remuneration.
3 The Bombay Stamp Act
At the relevant time highest Court fees was Rs.15,000/- and stamp on conveyance was 10% of the market value-Instead of taking conveyance stamped -Consent Decree was obtained by filing a suit after paying Rs.15,000/- Court fees. High Court upheld Decree and stamp- Supreme Court Negatived.
   
4 Bombay Building Repair and Reconstruction Board Act
Old existing Building of ground plus 2 floors cessed at highest rate additional 2 upper new floors also charged at old highest rate.
High Court single Judge as well as Division Bench held that two portions of same building be cessed at different rates. Every year the repair cess was reduced.
5 Summary Suit
In a suit for recovery of more than Rs.3/- lakhs single Judge ordered deposit of Rs.30,000/- only- In spite of order being in their favour Plaintiffs filed Appeal -Question was whether Appeal would lie- Held by Division Bench that Rs.30,000/- deposit Order was reasonable- Question whether appeal would lie not answered.
   
6 Negotiable Instruments Act
The figure in the cheque given by our clients was altered both in figures and words by use of ink remover-
  Held that once the fraud was proved nothing not even original figure was payable by our clients.
7 Excise Duty Act
The Question arose whether Mosquito coils were fungicides - Under a Central Govt. Notification "Insecticides Pesticides and Fungicides were exempted from payment of Excise Duty
  Supreme Court granted refund of more than Rs.13/- Crores.
8 DRT Act
In an Application filed by Bank to recover it's dues- I.T. Department Intervened claiming I.T. dues on priority basis- Affidavit denying such right filed- matter is pending.
   
9  
Bank refused to repay amount to the Trust kept by Trust under Certificate of Deposit contending fraud by some Trustees-Supreme Court allowed immediate payment of nearly half of the amount admitted by Bank and for remaining amount plus interest plus costs matter referred to a retired Chief Justice of Supreme Court
  Interim Award in favour of the Trust.
10 Drafting of International Joint Venture Agreement.
A Joint Venture for provision of Know How was to be entered into between an Indian Company and a company from Switzerland. The same was drafted and negotiated successfully on behalf of our clients.
   
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