Court : Andhra Pradesh
Reported in : 2008(2)ALT611
..... provisions of the tamil nadu act were contrasted with the provisions of the land acquisition act and ultimately it was found that section 11 insofar as it provided for payment of compensation in instalments was ..... existing project clearances, approvals, and all the writings, deeds, instruments, documents in respect thereof and any other document relating to development, commissioning, construction, setting up, implementation, operation and maintenance of the existing project, fuel supply, and other similar agreements.existing project clearances shall mean any approval, no-objection, consent, license, registration, permit, sanction, certificate or other authorization of any nature obtained/required to be obtained from any government, ..... about the conditions as laid down under sub-section (3) of section 22 as to whether the company fulfills those conditions or not..the six factors which have been enumerated in the case of ajay hasia (supra) : (1981)illj103sc and approved in the later decisions in the case of ramana (supra) and the seven judge bench in the case of pradeep kumar biswas : (1979)iillj217sc may be applied to the facts of the present case ..... . further, arcil shall not accept/undertake any responsibility for any pending/outstanding statutory dues and any other dues such as water/electricity/service charges, transfer fees, dues of the municipal corporation/local authority dues, workmen's dues, sales tax or any other cess, duties, levies by whatever name it is called including .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(1)BomCR561; (1990)92BOMLR70
..... the documents specified in rule 801(b) and (c) the judge may allow, time to file such documents.in view of these rules it is urged by the appellants that since the original application under section 5 of the said act was not accompanied by a duly authenticated copy of the original award, the application must be now returned to the party presenting it and the learned judge erred in going ahead with the said application.98. it is not ..... government of india, however, by its order dated 1st august, 1969 refused to permit the parties to revise the schedule of payments relating to 1st, 2nd, 4th and 5th instalments on the ground, inter alia, that it would involve a larger out flow of foreign exchange. ..... the question as to how an arbitral award which is not a domestic award in india can be enforced in a court in india in the context of the indian legislation enacted in that behalf namely the foreign awards (recognition and enforcement) act, 1981 (see paragraph 5 at pg. ..... land acquisition officer aurangabad and another, : [1984]2scr900 ; and state of gujarat ..... the respondent/general electric company is a company constituted under the laws of the state of new ..... under the contract, agreed to supply equipment and machinery for the plant, spare parts and services for the purpose of erection of the said power ..... circumstances, it cannot be said that the award, because it grants heavy costs, is against public policy, when costs are based on the bills which were supplied by g.e.c. ..... mohindra supply co .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR2777
..... (c) is applicable in the instant case which only provides that the designated authority may permit installation of diesel generating set instead of electric supply to the main fire pump within a period of three months. ..... the courts take into account not only the interest of the applicant and the respondent but also the interests of the public as a whole with a view to ensure that public bodies or officials do not act unlawfully and do perform their public duties properly particularly where the fundamental rights of a citizen under article 21 is concerned. ..... of the agreement, it appears that there was an agreement dated 15.1.1981 between the said association whereby the builders have been given absolute authority and power to enroll members, to construct buildings and to allot shops/flats in the said building on such payments as may be agreed upon from time to time and to do all things and acts necessary and expedient in connection therewith for and on behalf of the association ..... it may be necessary to identify the situations to which separate proceedings and principles apply and the courts have to act firmly but with certain amount of circumspection and self restraint, lest proceedings under article 32 or 226 are misused as a disguised substitute for civil action ..... the learned counsel for the builder submitted that in view of section 19a of the indian contract act, 1872, if there is undue influence, then, the agreement which is a contract, is voidable at the option of the party whose .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1108; 1985(1)SCALE1248; (1985)3SCC131; [1985]3SCR1021
..... (2) the plan mentioned in the aforesaid sub-rule shall contain the elevations and sections of the buildings, the proposed electrical installations, arrangements for ventilation, sanitation and parking of vehicle and the position of the premises in relation to adjacent premises and public thoroughfare on which the building abuts, within a radius of one furlong ..... suffice it to state that a notification under section 4(1) of the land acquisition act, 1894 was issued by the collector, allahabad on january 31, 1974 notifying that plot no ..... march 26, 1974 praying for extension of time, it is not possible to grant the extension as the matter is pending before the high court at the instance of the respondent and as they have obtained stay against the land acquisition proceedings, it would not be proper for the district magistrate to pass any order regarding this very land so long as the stay order granted by the high court is in force. ..... the petition for special leave came up for admission on september 17, 1981 when special leave to appeal was granted and the operation of the judgment of the high court was stayed ..... the proceedings dated december 15, 1981 as recorded show that after the arguments were heard at some length, the court in the interest of justice thought it expedient to modify the stay order dated september 17, 1981 to the effect that the stay order granted by the court will be in operation for a further period of two months only and that the hearing of the appeal may be expedited .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)BomCR419
..... and the merchant banker taking into account the following factors: (a) the negotiated price under the agreement referred to sub-regulation (1) of regulation 14; (b) the highest price paid by the acquirer or persons acting in concert with him for acquisitions including by way of allotment in a public or rights issue, if any, during the twenty-six week period prior to the date of public announcement; (c) the price paid by the acquirer under ..... from a credit rating agency; (d) a combination of clause (a), (b) or (c): provided that where payment has been made in cash to any class of shareholders for acquiring their shares under any agreement or pursuant to any acquisition in the open market or in any other manner during the preceding 12 months from the date of public announcement, the offer document shall provide that the shareholders have the option to accept payment either in cash ..... stock exchange during the last six months preceding the date of announcement, whichever is higher, provided there has been a market for such shares during that period in that stock exchange; (b) in case of acquisition of shares under regulation 10, the highest price paid by the acquirer in the open market or the average of the weekly high and low of the closing prices of the shares as closed on the stock ..... electric ..... as a result of reforms in recent times, the english company law (subsequently re-enacted as the companies act, 1967, 1976, 1980, 1981) and the european companies act, 1972, came to be enacted .....
Tag this Judgment!Court : Mumbai
Reported in : [2003]115CompCas818(Bom)
..... electric supply ..... that if a director even if illegally terminated cannot bring his grievance as to termination to winding up the company for that single and isolated act, even if it was doing good business and even if the director could obtain each and every adequate relief in a suit in a court ..... it is the company law board which is the forum under sections 397 and 398 of the act which would consider all the facts and circumstances of the matter and would decide the truth or otherwise in the ..... an alternative and efficacious remedy available under sections 397 and 398 he has been acting unreasonably in seeking to have the company wound up instead of pursuing that other ..... has criticised the respondent-directors for having violated the mandatory provisions of the act in respect of holding of the meeting and also in respect of maintenance ..... shri dwarkadas has pointed out section 443(2) of the act to stress his submission that the petition should be dismissed as ..... the remedy under section 433(f) of the companies act, 1956, based on the just and equitable clause is not to be read as being ejusdem generis ..... according to learned counsel, the petitioner was acting unreasonably in not seeking to pursue the remedy ..... : [2001]2scr811 :'section 397(2) of the act provides that an order could be made on an application made under sub-section (1) if the court is of the opinion--(1) that the company's affairs are being conducted in a manner prejudicial to public interest or in a manner oppressive of ..... 1981 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2011(4)KLT137(SN)(C.No.147); 2011AIRSCW6418; 2012(1)LW593; AIR2012SC100; 2012(2)SCJ751
..... it should contain experts in the field of (a) fire prevention (b) electric supply (c) law and order (d) municipal sanctions (e) urban planning (f) public ..... after the modifications and increase in seats, the central door became an exclusive entry from the foyer; the right side corner of the balcony was permanently closed by installation of the special box of eight seats and there was only one exit for the entire balcony with a capacity of 302 persons, situated at the left side top ..... half yearly inspections of cinema theatres by a senior officer from the delhi fire services, electrical inspectorate and the licensing authority to verify whether the electrical installations and safety measures are properly functioning and take action wherever necessary. ..... account of the negligence and greed on the part of the licensee in regard to installation of additional seats, in regard to closing of an exit door, parking of cars in front of transformer room by increasing parking from 15 to 35 and other acts. ..... it was only on 3.5.1994 by virtue of amendment of the delhi cinematography rules, 1981, substituted in place of the executive engineer of pwd, that mcd was required to give a report in regard to the structure/building which was one of the requirements for the licensing authority to grant or ..... the delhi cinematographic rules, 1981 as originally framed had no role for mcd in the grant of licences ..... state of bihar & others (1981) 1 scc 627 (bhagalpur ..... under the 1981 rules, this became minimum of one exit .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1982Bom558; 1981MhLJ453
..... not entitled to wages and salaries, but the company was found entitled to recover from the striking workmen the compensation assessed at rs.80,000/- as the strike was held illegal and the industrial disputes act nowhere provided payment of compensation to the employer, the award, as the supreme court held, could not be enforced with these observations (para 27) :'it is common case that the demands covered ..... charan lalv.budaun electric supply co ltd. ..... submitted constituted a wrong, in that they had directly infringed the right that is conferred on the committee and in the absence of any such provision in the act itself, expressly or by necessary implication outstaying the jurisdiction of the civil court, the plaintiff could file a civil suit in vindication of such civil right.9. ..... be taken to be a tie or bond which constrains a persons to do or suffer something; it implies a right in an other person to which it is correlated, and it restricts the freedom of the obligee with reference to definite acts and forbearance's; but in order that it may be enforced by a court, it must be a legal obligation, and not merely moral social or religious'.21. ..... shri k.h.deshpande, the learned counsel appearing for the non-applicant-committee, submitted that the object of the act is to regulate the marketing of agricultural produce in market areas and to confer powers upon markets committees to b e constituted ..... applications nos.818 and 819 of 1980 and civil revision applications nos.2 to 12 of 1981.2. .....
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ2417
..... has been offered as to how she could apply for electric supply, and allotment of holding to the orissa state electricity board and the municipal authorities respectively. ..... , the cost of construction of the first building including electric installation, water supply and sanitary installation comes to ... rs. ..... in the absence of any document to show that there was any agreement for payment of water and electricity charges and in view of unsatisfactory nature of oral evidence in that regard, i am inclined to hold that the plea that the water and electricity charges were being separately collected and advance was also received cannot be accepted.further the plea relating to tenancy of sadhu charan nayak, golakh patra and bimbadhar jena has ..... was the source of investment for acquisition of property has not been indicated. ..... latter, there is no mention of alleged acquisition by manorama in terms of ext. 50. ..... application dated 5-8-1976 (form i) on the basis of which permission (ext.68) was granted, there is a significant statement made by the accused while mentioning the purpose of acquisition/disposal. ..... dispute about following acquisitions.sl. ..... [1981]130itr244(sc) that the legal fiction created by section 24 (3) of the aforesaid act, whereby the declared amount was treated as total income of the declarant, was limited in its scope and could not be involved in assessment proceedings relating to any person other than the declarant so as to rule out the application of section 60 of the 1961 act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1983]53CompCas73(AP)
..... even assuming that we are not right in our view that the main object of the company is banking business and that as it is not able to carry on that object in view of the acquisition act, the substratum of the company must be held to have disappeared, we are of the view that having regard to the facts and circumstances of the case, it is just and equitable to wind up the company ..... above reasons, we are of the view, as the main object of the company was banking business and as it is no longer entitled to carry on the said business in view of the acquisition act, it must be held that the substratum has disappeared even though, according to the memorandum of association construed in the light of the independent objects clause, it was authorised to carry on other businesses ..... the moment the banking business of the company was taken over by the acquisition act, the shadow was removed and the objects mentioned in the memorandum began to operate proprio vigore from the date of ..... construction of the objects clause of the memorandum that the working of the akola electric licence was not the main or principal object of the company, and that the main or principal object was to carry on the business and undertaking of electric supply. 26. ..... was given to the existing banks either to receive the compensation amount in cash in three equal annual instalments or in saleable or other transferable promissory notes of the central govt. ..... 5 of 1981, allowing ..... ..... . 5/1981, is ..... . 6/1981 has to be .....
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