.....two primary grounds on which the impugned order is challenged and they are that the provisions of section 402f are not at all applicable to the facts and circumstances of the case and in any event, there is a time limit of 3 months prescribed under section 402f for any applicant to move the company law board and the application has been filed beyond the 3 months period consequent to which company law board should not have passed any order. counsel further submitted that in view of provisions of section 403, an order can be passed only relating to regulating the affairs of the company from the date of the order and order against the 3rd party appellant who is neither a shareholder nor a director of the company cannot be passed. it was also argued that even though final order under section 402 can be passed, no interim order can be passed because section 403 does not permit any interim order against 3rd party. 10. at the outset, it should be noted that the allegation of the respondent no.1 and respondent no.2 is that respondent no.4 had no authority to transfer the development rights of the company respondent no.3 in swami samarth nagar property to the appellants. it is also.....
Tag this Judgment! Ask ChatGPT.....appellate court allowing the appeal filed by the respondent nos. 1 to 4 and setting aside the judgment and decree passed by the trial court. 2. facts found relevant for deciding the second appeal are that according to the appellant there was a dargah and graveyard admeasuring about 350 ft. x 250 ft. in survey no. 153 at rajura tahsil, district chandrapur. the said dargah and graveyard was shown as wakf property in the development plan of rajura town in 1972. in the government gazette dated 06.03.1975 it was shown at sr. no. 49. according to the appellant the defendant no.1-deepak deshpande had encroached an area admeasuring 160 ft. x 170 ft. of said property in the month of may 1974. the defendant no.1 had also sold the portion admeasuring 95 ft. x 80 ft. to the defendant no.2 on 29.06.1976. in this background the appellant filed regular civil suit no. 4 of 1977 for a declaration that the suit property was wakf property and sought possession of the encroached portion. the suit was filed on 19.01.1977. 3. the defendant no.1 filed his written statement vide ex. 101. the case as pleaded was denied by the defendant no.1. it was specifically pleaded that said defendant was the.....
Tag this Judgment! Ask ChatGPT.....assessing officer, the second respondent has stayed the tax demand of rs.5,60,61,656/- applicable to the account of disallowance of deduction under section 80-ia of the act and in respect of tax applicable on non-covered issues amounting to rs.4,05,35,768/- the assessing officer has directed to remit the disputed taxes in monthly instalments of rs.81,07,154/-, payable from november, 2015 to march 2016. 5. by the impugned order dated 05.02.2016, the first respondent has permitted the petitioners to pay a sum of rs.2,00,00,000/- (rupees two crores ony) in two instalments. subsequently, the first respondent modified the order by directing the petitioner to pay a sum of rs.1,00,00,000/-(rupees one crore only) in two instalments in february 2016 and march 2016 so that the balance demand can be stayed till 31st march 2016. 6. the learned counsel submitted that since the time granted by the first respondent is very short, time may be extended till 31.05.2016 for making the payment of rs.1,00,00,000/- 7. the learned counsel for the first respondent submitted that the first respondent has granted reasonable time and therefore, the same may not be interfered by this court. 8. however, in.....
Tag this Judgment! Ask ChatGPT.....accordingly, mr.naveen kumar murthi has submitted a report, dated 22nd february, 2016, stating as under : 10. it is submitted that considering the fact that a number of visitors visit the temple for prayers every day and that the temple has been there for the past 8 years, and also that a considerable number of the krishna nagar residents particularly the ones residing in the street where the temple is situated are not objecting the temple, but are stating that the grill and the extended portion must be demolished. there also appears to be some personal animosity between the two groups of persons who are for and against the continuance of the temple. the fact that the temple is situated in the road maintained by the corporation is undisputed. 6. while disposing of the petition in w.p.no.17649 of 2009, it was observed that the report then submitted did not show any encroachment causing any hindrance to the public as well as to the traffic as the vinayagar temple is located in between a house and an electric pillar on its left side, without causing disturbance to anybody. the afore stated observation of the court in w.p.no.17649 of 2009 was made at that relevant point of time,.....
Tag this Judgment! Ask ChatGPT(prayer: h.c.p. has been filed to issue a writ of habeas corpus directing the respondents to produce the petitioner's son deelipkumar aged about 23 years before this court and set him at liberty and to grant any other order.) m. jaichandren, j. the learned counsel appearing for the petitioner had submitted that the habeas corpus petition may be dismissed as withdrawn. she had also made an endorsement to that effect. in view of the endorsement made by the learned counsel appearing for the petitioner, the habeas corpus petition stands dismissed, as withdrawn.
Tag this Judgment! Ask ChatGPT(prayer: criminal original petition filed under section 482 of cr.p.c., praying to direct the 3rd and 4th respondents to award adequate police protection to the life and limb of the petitioner.) 1. this petition has been filed to direct the 3rd and 4th respondents to award adequate police protection to the life and limb of the petitioner. 2. when the matter was taken up for hearing, learned government advocate (crl.side) would submit that on a complaint given by the petitioner, petitioner enquiry is pending in csr no.38 of 2016. 3. under such circumstances, the police should conduct thorough enquiry in csr no.38 of 2016 and during enquiry, if it discloses the commission of a cognizable offence against the opposite party, respondent police shall take appropriate action and give protection to the life and limb of the petitioner. with the above observation, this criminal original petition is closed.
Tag this Judgment! Ask ChatGPT(prayer: criminal original petition filed under section 482 of cr.p.c., praying to direct the 1st respondent to direct the 2nd and 3rd respondents not to interfere in civil dispute based upon the complaint dated 15.02.2016.) 1. this petition has been filed to direct the 1st respondent to direct the 2nd and 3rd respondents not to interfere in civil dispute based upon the complaint dated 15.02.2016. 2. heard the learned counsel for the petitioner, learned government advocate (crl.side) appearing for the respondents and perused the materials placed on record. 3. it is represented by the learned government advocate (crl.side) that, this petitioner has given a complaint against andavar / 5th respondent herein and similarly, on a complaint given by the said andavar against this petitioner, petition enquiry is pending before the 2nd respondent. 4. in view of the above, the petitioner is directed to participate in the enquiry and during enquiry, he shall not be harassed. during the course of enquiry, if any cognizable offence is made out, the respondent police is free to register an fir and this order shall not be a shield for the petitioner against arrest. with the above direction,.....
Tag this Judgment! Ask ChatGPT(prayer: criminal original petition filed under section 482 of cr.p.c., praying to direct the respondent police not to harass the petitioner pending insolvency petition in i.p.no. 13 of 2015 on the file of the district court tirunelveli.) 1. this petition has been filed to direct the respondent police not to harass the petitioner pending insolvency petition in i.p.no. 13 of 2015 on the file of the district court tirunelveli. 2. heard the learned counsel for the petitioner, learned government advocate (crl.side) appearing for the respondents and perused the materials placed on record. 3. it is represented by the learned government advocate (crl.side) that, on a complaint given by one seenivasan against this petitioner, petition enquiry is pending before the 3rd respondent. 4. the petitioner is directed to participate in the enquiry and during enquiry, he shall not be harassed. during the course of enquiry, if any cognizable offence is made out, the respondent police is free to register an fir and this order shall not be a shield for the petitioner against arrest. with the above direction, this petition is closed.
Tag this Judgment! Ask ChatGPT.....court in c.p.no.380 of 2013, is just and proper; and whether there is any perversity in the order passed by the labour court. 7. the undisputed fact is that the claimant's husband was a permanent employee of the management and he passed away, while he was in service on 20.01.1995. at the relevant point of time, he was placed under suspension on the allegation of shortage of stock. on account of demise of the claimant's husband, the disciplinary proceedings did not proceed further, no charge memo was issued and the proceedings stood abated. thus, in the absence of any order terminating the services of the claimant's husband, it is deemed that he was in service and entitled for the benefits flowing there from. the labour court pointed out that the management did not place any record to show that the charges were framed against the claimant's husband. thus, the finding of the labour court that there was no disciplinary proceeding initiated against the claimant's husband is fully justified. further, the labour court also took note of the admission of rw-1, admitting that the allegations/charges against the claimant's husband has abated, on account of his demise. 8. thus, after.....
Tag this Judgment! Ask ChatGPT.....what has not been brought to the notice of this court, cannot be informed to be an error committed by the court. it is settled law that fresh factual consideration cannot be entered upon in arriving at a decision in a review application. 13. we would like to reiterate that review is not an appeal in disguise. review can be made only if there is any mistake apparent on the face of the record or there is any clerical error in the order sought to be reviewed. useful reference can be made to a few decisions on the point of review. (i) the hon'ble supreme court in lily thomas v. union of india, reported in 2000 (6) scc 224, while considering the scope of review and the limitations imposed on its exercise under article 137 of the constitution of india, held as follows: 52. the dictionary meaning of the word "review" is the act of looking, offer, something again with a view to correction or improvement. it cannot be denied that the review is the creation of a statute. this court in patel narshi thakershi and ors. vs. pradyunmansinghji arjunsinghji [air (1970) sc 1273], held that the power of review is not an inherent power. it must be conferred by law either specifically or by.....
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