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Gulabrai Kalidas Naik and ors. Vs. Laxmidas Lallubhai Patel of Baroda ... Overruled

Court : Gujarat

Subject : Company

Acts : Companies Act, 1956 - Sections 114, 116, 150, 155, 155(3), 397, 398 and 643

Reported in : [1978]48CompCas438(Guj); (1977)GLR42; (1978)0GLR192; (1977)47CompCas151

decisions under the English company law. Section 155 of the Companies Act, 1956, is in pari materia with section 116 of the Companies Act, 1948, of the U.K. After comparing the language of the two provisions, a very … state by way of preliminary objection in this petition. The petition is filed under section 155 of the Companies Act, 1956, prying for rectification of the register and for reliefs under sections 397 and 398. After the notices were

Tata Engineering and Locomotive Company Ltd. Vs. Municipal Corporation ...

Court : Delhi

Subject : Property

Acts : Delhi Municipal Corporation Act, 1957 - Sections 116(3), 126, 135; ;Godhra Municipal Rules - Rule 5; Companies Act, 1956 - Sections 211; ;Income Tax Act

Reported in : 2004IAD(Delhi)507; AIR2004Delhi191; 108(2003)DLT217

Municipality, Godhara v. Godhara Electricity Co. Limited, : [1969]73ITR44(SC) where it was held that the valuation under the Companies Act, 1956 is not relevant or applicable for purposes of determination of rateable value under the Municipal Act. It was … with classification of industries in Group E. 3. The respondent No.1 Corporation issued a notice dated 29.3.1991 under Section 126 of the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as 'the said Act') proposing a rateable … Delhi, : AIR1999Delhi210 . The Division Bench considered the effect of Section 116(3) of the said Act which is as under:'116. Determination of rateable value

Madras Hire Purchase Association Vs. Union of India (Uoi)

Court : Chennai

Subject : Service Tax

Acts : Finance (Amendment) Act, 1994 - Sections 65, 65(12), 65(14), 65(105) and 66; Companies Act, 1956 - Sections 2; Constitution (Eighty-eighth Amendment) Act, 2003; Finance Act, 2000 - Sections 116 and 117; Finance Act, 2001 - Sections 137; Sale of Goods Act, 1930; Constitution of India - Articles 14, 19, 19(1), 246, 246(1), 265, 268A and 366(29A)

Reported in : [2009]21STT355

body corporate, which has the same meaning assigned to it in Clause (7) of Section 2 of the Companies Act, 1956. Section 65(105) defines taxable service, which means any services provided or to be provided. Section 65(105)(zm) means any person, … maintenance of a rational connection between the tax and the person on whom it is imposed. By Sections 116 and 117 of the Finance Act, 2000, the tax is sought to be levied on the recipients of

Madras Hire Purchase Association Represented by Mr. NitIn Sagan Vs. Un ...

Court : Chennai

Subject : Sales Tax/VATConstitution

Acts : Sale of Goods Act, 1930; Finance Act, 1994 - Sections 65, 65(12), 65(14), 65(105) and 66; Companies Act, 1956 - Sections 2; Constitution of India (Eighty-eighth) (Amendment) Act, 2003; Constitution of India (Forty-sixth) (Amendment) Act; Finance Act, 2000 - Sections 116 and 117; Finance Act, 2001 - Sections 137; Constitution of India - Articles 14, 19, 19(1), 246, 246(1), 265, 268A and 366(29A)

Reported in : (2009)225CTR(Mad)289; (2009)5MLJ1137; [2009]18STJ235(Madras); 2009[16]STR3; (2009)25VST446(Mad)

body corporate, which has the same meaning assigned to it in Clause 7 of Section 2 of the Companies Act, 1956. Section 65(105) defines taxable service, which means any services provided or to be provided. Section 65(zm) means any person, … maintenance of a rational connection between the tax and the person on whom it is imposed. By Sections 116 and 117 of the Finance Act, 2000, the tax is sought to be levied on the recipients of

Tara Properties Private Limited Vs. Shalimar Paints Limited

Court : Kolkata

Subject : Property

Acts : West Bengal Premises Tenancy Act, 1956 - Section 13(6); ;Companies Act, 1956; ;Transfer of Property Act, 1882 - Sections 106 and 116; ;Income Tax Act, 1961 - Section 226(3)

Reported in : (2008)IVCALLT296(HC)

examined P.W. 1, Bhagirath Agarwall, a director of the plaintiff, an existing company within the meaning of the Companies Act, 1956; and P.W.2, Sundarlal Mitra, a chartered valuation surveyor engaged by the plaintiff for assessing the fair letting out … for the defendant, has argued that this is a clear case of holding over within the meaning of Section 116 of the Transfer of Property Act, 1882. Section 116 reads as follows:116. Effect of holding over.- If a

Mrs. E.V. Swaminathan Vs. K.M.M.A. Industries and Roadways Private Ltd ...

Court : Chennai

Subject : Company

Acts : Companies Act, 1956 - Sections 108, 111, 116, 116(3), 153(3), 155, 155(3), 193, 194 and 195; Companies (Court) Rules - 1959, Rules 10, 11 and 12

Reported in : [1993]76CompCas1(Mad)

Lakshmanan, J.1. The petitioner has filed the above company petition under section 155 of the Companies Act, 1956 (Act 1 of 1956), with the following prayers : (a) to rectify the register of members of the … before the main prayer for rectification of register can be granted. Section 155(3) is in pari materia with section 116 (3) of the U.K. Companies Act, 1948. But, in England, under the relevant rules under section 116, an

Vali Pattabhirama Rao and anr. Vs. Sri Ramanuja Ginning and Rice Facto ...

Court : Andhra Pradesh

Subject : Company

Acts : Companies Act, 1956 - Sections 3, 4, 4(2), 5, 9, 11, 13, 14, 15, 20, 21, 24, 35, 42, 106, 108, 111, 111(9), 116, 205(1), 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 253(1), 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 565, 565(1), 567, 568, 574 and 575

Reported in : [1986]60CompCas568(AP)

terms of section 263 of the Indian Companies Act, 1913, that corresponds to section 575 of the present Companies Act, 1956. Section 263 reads as follows : 'All property, movable and immovable, including all interests and rights in, to and … to examine whether the first defendant can be described as a tenant holding over. We must look to section 116 of the Transfer of Property Act, 1882, which defines the effect of holding over which is in the

Atlantic Shipping Pvt. Ltd. Vs. Union of India - by Its Secretary and ...

Court : Karnataka

Subject : Service Tax

of penalty paid with interest thereon and for such other relief. Petitioner is a company incorporated under the Companies Act of 1956 and entered into an agreement with the Indian Oil Corporation Ltd., during the year 1993 and … depart. Subsequently, after lapse of 5-6 years, petitioner was issued with a notice proposing to levy penalty under Section 116 of the Customs Act of 1962 for the short landing of the cargo during the years 1994 and

Shaw Wallace and Co. Ltd. Vs. Assistant Collector of Customs and Other ...

Court : Mumbai

Subject : Customs

Acts : Customs Act, 1962 - Sections 28, 30(1), 31, 32, 34, 42, 44, 45, 45(2), 116, 124 and 152; Companies Act, 1956; Carriage of Goods by Sea Act - Sections 6; Major Port Trust Act, 1963; Indian Contract Act, 1872 - Sections 151, 152 and 161

Reported in : 1987(3)BomCR151; 1986(10)ECC191; 1988(18)LC384(Bombay); 1986(25)ELT948(Bom)

these two petitions. The petitioners - M/s Shaw Wallace & Company Limited are a Company incorporated under the Companies Act, 1956 and carry on business as ship-owners' Agents in respect of their vessels arriving at Port of Bombay. The … that apart from considering the validity of the order passed by the Collector of Customs levying penalty under Section 116 of the Customs Act (hereinafter referred to as the 'Act'), it is necessary to provide guide-lines in respect

Anil D. Ambani and ors. Vs. Santosh Tyagi

Court : Rajasthan

Subject : CompanyCriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 204, 397 and 482; Companies Act, 1956 - Sections 63, 113 and 116

Reported in : [2000]99CompCas334(Raj)

court'). On February 15, 1995, the learned trial court took cognizance under Sections 63 and 116 of the Companies Act, 1956, and issued summons against the petitioners. (ii) The petitioners submitted an application under Section 204 of the Criminal