Judgment Search Results Home > Cases Phrase: bayaluseeme development board act 1994 section 4 terms of office and conditions of service Sorted by: old Page 1 of about 505 results (0.116 seconds)

Pydah Venkatachalapathi Vs. Guntur Cotton, Jute and Paper Mills Co. Lt ...

Court : Chennai

Reported in : AIR1929Mad353

..... see whether the object of the section is that the contract contemplated should be forbidden, and any section relied on in any particular case will have to be considered on its own wording and meaning, in order to see whether a breach of the inhibition contained in it imports a prohibition of the contract itself; thus it has been held in england that section 193, public health act (1875), section 2 (1), money-lenders act (1900) and section 34, elementary education act (1870), should be interpreted as ..... the articles of association the defendant's term of office as secretaries came to an end ..... it may be that, having regard to the english conditions, the interpretation of the expression by english courts may be right; but i, for my part, having regard to the general language employed in the statute and the obvious mischief it is intended to provide against, have very little hesitation in concluding that a relationship as that of a husband and wife must be regarded as interest if the circumstances were such that it ..... in a fiduciary position with regard to the company should, by reason of his interest, not be in a position to bring to bear on a decision with regard to a question that comes up before the board a free and fair mind without any bias or prejudice, then it seems to me, with all respect to the eminent judges, that even relationship such as that of father and son or husband and wife or any similar bond should be regarded as comprehended by the expression. ..... and development .....

Rao Bahadur Pydah Venkatachalapathi Vs. the Guntur Cotton, Jute and Pa ...

Court : Chennai

Reported in : 115Ind.Cas.486

..... of the section is that the contract contemplated should be forbidden, and any section relied on in any particular case will have to be considered on its own wording and meaning, in order to see whether a breach of the inhibition contained in it imports a prohibition of the contract itself; thus it has been held in england that section 193 of the public health act (1875), section 2(1) of the money lenders act (1900) and section 34 of the elementary education act (1870) ..... , 1927, page 535, incorporated in article 113-a of the articles of association the defendants' term of office as secretaries came to an end on 31st march, 1918. ..... it may be that, having regard to the english conditions, the interpretation of the expression by english courts may be right; but i, for my part, having regard to the general language employed in the statute and the obvious mischief it is intended to provide against have very little hesitation in concluding that a relationship as that of a husband and wife must be regarded as interest if the circumstances were ..... with regard to the company should, by reason of his interest, not be in a position to bring to bear on a decision with regard to a question that comes up before the board a free and fair mind without any bias or prejudice, then it seems to me, with all respect to the eminent judges, that even relationship such as that of father and son or husband and wife or any similar bond should be regarded as comprehend by the expressions. ..... and development .....

Boulton Bros. and Co. Ltd (India) Delhi Vs. New Victoria Mills Co. Ltd ...

Court : Allahabad

Reported in : AIR1929All87

..... it purports to be in pursuance of article 119 of the memorandum of association of the defendant company and provides:(1) the company hereby appoints the managing agents to be the managing agents of the company as on and from the 1st day of february one thousand nine hundred and twenty-two upon the terms and conditions hereinafter expressed and the managing agents hereby accept the said appointment. ..... plaintiff company advertised as one of its objects the carrying on ofall kinds of agency business in relation to the investment of money, the sale of property and the collection and receipt of moneys and to take part in the management, supervision or control of the business or operations of any other company, association, firm or parson and to act as the managing agents, agents, secretaries or other officers of any such company, association, firm or person, and in connexion therewith to appoint and remunerate any directors, accountants and other experts or agents.3. w.w. ..... for obvious reasons a contract of service of this kind cannot be specifically enforced: see section 21(b), specific rel. ..... new belgium (transvaal) land and development co-[1914) 2 ch. ..... after full discussion of the position and careful consideration the board unanimously passed the following resolutions:(1) resolved that it is expedient in the interests of the company that messrs. .....

Boulation Bro thers and Co. Ltd., (India) Delhi Vs. the New Victoria M ...

Court : Allahabad

Reported in : 119Ind.Cas.837

..... purports to be in pursuance of article 119 of the memorandum of association of the defendant company and provides:(1) the company hereby appoints the managing agents to be the managing agent of the company as on and from the 1st day of february one thousand nine hundred and twenty-two upon the terms and conditions hereinafter expressed and the managing agents hereby accept the said appointment. ..... the plaintiff company have merely prayed for the declaratory relief 'that the plaintiff company are and continue to be the managing agents of the defendant company on terms and conditions embodied in the agreement, dated the 1st february, 1922. ..... managing agents shall provide a suitable office and office establishment for the company but at the expense of the company and the managing agents shall be entitled to charge and be paid for office rent and the cost of office establishment and for all actual postages, telegrams-stationery and the like expenses, and the company shall pay all salaries and commission, if any, payable to all persons employed solely in the company's business and shall also bear and pay such proportion of the salaries ..... obvious reasons a contract of service of this kind cannot be specifically enforced see section 21(b) specific relief act. ..... would be placed before the board of directors at their next meeting which happened to be one held on the 29th march, 1923, when it resolved that the plaintiff company be removed from office. ..... belgium (transvaal) land and development co. .....

Cook Vs. United States

Court : US Supreme Court

..... of the coast guard, moreover, was informed in 1927, as the solicitor general states, that all seizures of british vessels captured in the rum-smuggling trade should be within the terms of the treaty, and that seizing officers should be instructed to produce evidence not that the vessel was found within the four-league limit, but that she was apprehended within one hour's sailing distance from the coast. ..... that no legislation was necessary to authorize executive action in pursuance of its provisions, and it had the effect (and was so interpreted in practice) of superseding, so far as inconsistent with it, the authority conferred by 581 of the tariff act of 1922 upon officers of the coast guard to board, search and seize within four leagues of the coast. p. ..... ii likewise, in general terms, provided that articles on private vessels of either nation listed as sea stores, or as cargo destined to a foreign port, the importation of which is prohibited, might be brought within the territorial waters of the other on condition that they be sealed "upon arrival of the vessel so destined within twelve geographical miles of the coasts" and be kept sealed continuously thereafter ..... to have been abrogated or modified by a later statute unless such purpose on the part of congress has been clearly expressed, and here the contrary appears, in that the committee reports and the debates upon the act of 1930, like the reenacted section itself, make no reference to the treaty. p. ..... for the development of the .....

Mahomed Oosman Vs. Essack Saleh Mahomed Vanjara

Court : Mumbai

Reported in : (1937)39BOMLR502

..... and based on reputation : to the effect that, according to common belief, the plaintiffs' ancestors had buried the pir, haji ali, and that they and their descendants had from time immemorial and from generation to generation acted as mujaiums, taken the specified offerings and occupied the mujawar's quarters, and that it was rule 65 commonly believed, as the plaintiffs alleged was the fact, that this office and ..... : founding the dargah means burying the pir, and doing service at the tomb and acting as mujawars;(b) that the mujawarship has descended from generation to generation;(c) that the reputation is that this mujawarship is hereditary;(d) that the offerings that are claimed by the plaintiffs have been taken by and do belong to the mujawars;(e) that the quarters ..... virtues of the saint and as to his power of intercession; (2) they were disciples of the pir; (3) they had all along guarded the tomb and kept it in proper condition; (4) had always ..... develop their case in opening it, with some fulness and much latitude, and ..... its widest terms by texts, the plaintiffs cannot succeed unless they make out not only that the pir, and after his death apparently his tomb, may be appealed to as an interceder for divine favours, but that the pir himself, or his tomb, must necessarily be approached through the intercession of the plaintiffs and their descendants ..... and objections were rightly taken to the relevance of his proffered evidence : indian evidence act, section 32, sub-section (4), and section .....

T.R. Pratt (Bombay) Limited Vs. M.T. Limited

Court : Mumbai

Reported in : (1938)40BOMLR1109

..... a transaction cannot depend upon the extent of the adverse interest of the fiducjary agent any more than upon how far in any particular case the terms of a contract have been the best obtainable for the interest of the cestui que trust, upon which subject no inquiry is permitted.13. ..... section 91b was inserted into the indian companies act (vii of 1913) by act xi of 1914 and at the time of the transactions now in question ..... which he is either directly or indirectly concerned or interested,; and if he does so vote, his vote shall not be counted : provided that the directors or any of them may vote on any contract of indemnity against any loss which they or any one or more of them may suffer by reason of becoming or being sureties or surety for the company, (2) every director who contravenes the provisions of sub-section (1) shall be liable to a fine not exceeding one ..... limited but passed a resolution that, by way of security for the nine lacs borrowed from the sassoon company and advanced to pratts, an equitable mortgage be created in favour of the sassoon company of the property known as 100b, hughes road (' ..... directors taking part in the resolution of february 23, 1928, was their own managing director clothed with all the powers of their own board, is both a striking and important fact, but it is not by itself the determining feature of the case. ..... transvaal) land and development company [1914 ..... office of managing director and ..... thirty years in consideration of their services as promoters. .....

K.C. Pandalai Vs. the South Indian General Assurance Company Ltd. (In ...

Court : Chennai

Reported in : AIR1942Mad95; (1941)2MLJ595

..... be hereby authorised, if they think fit, to receive from any member willing to advance the same, all or any part of the capital due upon the shares held by him beyond the sums actually called for; and upon the amount so paid or satisfied in advance, or so much thereof as from time to time exceeds the amount of the calls then made upon the shares in respect of which such advance has been made, ..... or invalidity of a transaction cannot depend upon the extent of the adverse interest of the fiduciary agent any more than upon how far in any particular case the terms of a contract have been the best obtainable for the interest of the cestui que trust, upon which subject no enquiry is permitted.4. ..... ) where the judicial committee held that the provisions of section 91-b of the companies act as it was before the amendment of 1936 was a concise statement of the general ..... section 91-b (1) of the indian companies act, as it stood at the time read as follows:no director shall, as a director, vote on any contract or arrangement in which he is either directly or indirectly concerned or interested; and if he does so vote, his vote shall not ..... out of the amount due to him from the company against what he owed in respect of the shares and consequently called upon the registrar of joint stock companies to record that his shares had been fully paid ..... belgium (transvaal) land and development co (1914) 2 ..... december, 1936 a meeting of the board was held and was attended by the appellant, his brother and mr. p. e. .....

Javariah Vs. Abdul Rahiman and anr.

Court : Karnataka

Reported in : AIR1952Kant66; AIR1952Mys66; (1953)31MysLJ32

..... there is nothing in law to prevent the receipt of a plaint or a petition after the close of office hours and there is hardly any doubt that the practice of receiving plaints for proper reasons after the close of office hours is a long standing one and no exception appears to have even been taken in respect of this practice. ..... but whenever a judge has-occasion to do it, he must give reasons in writingwhy this unusual procedure had to be adopted.the order admitting the plaint is a judicial order-and the higher courts must know whether thediscretion was properly exercised or not. ..... rule 88 (5) of the civil rules of practice and circular orders, volume i states as follows:'a plaint was received by the head munshi ofa munsiff's court after the close of office hours.it is unusual. ..... it cannot be said that receipt of plaint for proper reasons after office hoursis illegal. ..... the question for consideration is whether a judge can receive a plaint or a petition on the last day of limitation after the close of office hours. ..... thejudgment and decree in the small cause suit areset aside and the suit is remanded for fresh disposal according to law.3. ..... the learned judge is wrong in dismissing the suit as barred by time after the plainthad been received by him on the last day of limitation and. .....

Nemi Chand Vs. State of Punjab

Court : Punjab and Haryana

Reported in : AIR1956P& H247

..... under section 3 of the act the state government has the power of requisitioning moveable property under conditions therein mentioned and then it has the power to acquire it under section 3.section 4 provides for compensation and section 6 gives the power to the state government to obtain information and to give directions in ..... the petitioner relies on two provisions of the government of india act of 1935--on sections 299 and 104 of the act and then submits that there is no item in list 2 (provincial list) or list 3 (concurrent list) which gave to the provincial government the power to enact the impugned act.section 299, government of india act deals with compulsory acquisition of land and it provided that no law authorising the compulsory acquisition for public purposes of land, or any commercial or industrial undertaking ..... legislation of the imperial parliament has contained anti-smuggling provisions authorizing the seizure of vessels having dutiable goods on board when found 'hovering' off the coast within distances substantially in excess of the ordinary territorial limits. ..... production, supply and distribution of goods: development of industries, subject to the provisions in list 1 with respect to the development of certain ..... order was sent to the plaintiff by the sub-divisional officer informing him that the bricks should not be removed as he had been authorised to take possession.we are told that the bricks were taken over and the plaintiff has now brought a suit for recovery .....