Court : Gujarat
Reported in : AIR2004Guj164
..... thereto so as to record a prima facie opinion that the respondent was guilty of professional and/or other misconduct and accordingly referred the case to the disciplinary committee constituted under the act for necessary inquiry.4. the disciplinary committee held various hearings commencing from 29-4-1999 and ending on 23-5-2001, after perusing the documents on record, examination of the witnesses and considering the ..... to the effect that the voluntary nature of any statement made either before the customs authorities or the officers of enforcement directorate under the relevant provisions of the respective acts is a sine qua non to act on it for any purpose and, if the statement appears to have been obtained by any inducement, threat, coercion or by any improper means, that statement must be rejected brevi ..... . a brief resume of the relevant provisions of the act and the regulations framed thereunder.13.1 the chartered accountants act, 1949 (the act) has been brought on statute book with the object of developing and establishing a system in which the accountants will, in autonomous association of themselves, largely assume responsibilities involved in ..... . it was also submitted that the complainant had failed to bring home the charge that the respondent had claimed or received or utilized the alleged refund money even in a ..... said act stipulates that the accounts have to be audited by a chartered accountant in case of a trust or institution seeking ..... societies act, bombay public trust .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1994AP170; 1993(1)ALT608
..... the reasons mentioned in the foregoing paragraphs, we answer the questions referred to us as follows :1) section 21-a of the banking regulation act, 1949 applies to all transactions entered into between the banking company and its debtor whether the transaction was entered into prior to its commencement ..... 'therefore, it is clear that the division bench of the bombay high court applied section 21-a of the regulation act, 1949 to atransaction entered into on 16-10-1978 which was the subject matter of the suit filed and decreed prior to the coming into force of section 21-a, at the appellate stage in ..... the banking companies, it was contended that after coming into force of section 21-a of the banking regulation act, 1949 (for short 'regulation act, 19490, courts are prohibited/debarred from reopening the transactions entered into between the banking company and its debtor invoking the provisions of usurious loans act, 1918 (for short 'act 10 of 1918') irrespective of the fact whether the transaction was entered into prior to the coming into ..... division bench of the bombay high court after referring to the judgment of the supreme court in amarjit kaur's case : [1975]1scr605 (supra) which stated that the appeal is a rehearing of the suit, applied section 21-a of regulation act, 1949 and allowed the appeal ..... (1993 (76) com cas 392) a division bench of the bombay high court considered the effect of section 21-a of the regulation act, 1949, vis-a-vis the provisions of usurious loans act, 1918. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1965AP274
..... does not appear to have given sufficient consideration to the position that in spite of a document of partition being hit by section 49 of the registration act, that is to say, which does not seek to prove any of the terms of the disposition of property purported to be made under the unregistered ..... the appellant has, however, strenuously urged that as the partition deed itself cannot 'effect' the properties comprised therein because of section 49(a) of the registration act and as its reception as evidence of the transaction of partition is interdicted by section 49(c), partition becomes non-existent as a fact. ..... but there does not appear to be anything in the evidence act or in the registration act to prevent him from showing that there was in fact a prior partition between him and the plaintiff, and that consequently the present suit for a fresh ..... (air 1936 pc 230 ), ' the provisions of the registration act by themselves would not operate to render invalid a mere ..... the effect of non-registration of such a document is enacted in sec 49 of the registration act which says that the document shall not 'affect any immovable property comprised therein' and shall not be 'received as evidence of ..... the view of a division bench of the bombay high court, consisting of scott, c. ..... that there was no valid partition at all and the plaintiff has adopted the right course in filing the present suit for partition the partition alleged to have taken place was in 1949 and the suit was filed in 1956 1. e. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1969Delhi170; 4(1969)DLT595
..... 26, 1952, the government in the ministry of education passed a resolution for carrying on the administration of the school through a society to be formed under the societies registration act, 1860 (to be hereafter referred to as 'the act'). ..... for an order restoring him to the service of the district board from which he was dismissed, the jurisdiction of the high court even under article 226 of the constitution was restricted by section 21-b of the specific relief act and that the relief claimed by him could nto in any event be given as the remedy, if any, of that person was to claim damages by a suit for wrongful termination of employment and nto a petition for ..... school, sanawar (simla hills), called the school, is an educational institution which is being run by a society, registered under the societies registration act, 1860. ..... 'it was observed that the courts are invested with the power to declare invalid the act of a statutory body, if by doing the act the body has acted in breach of a mandatory obligation imposed by statute, even if by making the declaration the body is compelled to do something which it does nto desire ..... shah, deputy custodian cum managing officer, bombay : [1966]1scr120 , their lordships of the supreme court observed:'. . ..... prior to the year 1949 it was under the control of the ministry ..... on september 16, 1949 he became assistant secretary (quartermaster) and on november 22, 1950 was further promoted as secretary (bursar), he was confirmed as bursar on september .....
Tag this Judgment!Court : Chennai
Reported in : AIR1967Mad281
..... but the lack of explicit reference to this general principle in the medical registration act will not lead to the inference that a provision for that purpose introduced in the rules ..... the purpose of the penal provisions of the medical registration act, is to keep the conduct of the members of the profession free from taint, and ensure that they act in accordance with highest traditions of the profession, and punish cases of professional misconduct, no doubt, giving to the practitioner concerned every reasonable ..... finally, under rule 14, if the council or committee by a majority find the medical practitioner guilty of infamous conduct in a professional respect, the president shall direct the registrar not to register his name if he be an applicant for registration, or to erase his name altogether or for a specified period, from the register of medical practitioners, if he is already a registered practitioner, except in cases where the council or committee consider that in a view of extenuating circumstances, the ..... to two analogous enactments, the indian bar councils act 1926 (act 38 of 1926) and the chartered accountant act 1949 (act 38 of 1949). ..... the second respondent sri dholia referred to the decision of the bombay high court reported in aminchand v. ..... of the dignity and privileges of professions, and the rights and duties of the members, and it is to the interest of the profession that when a charge is made against an advocate it should either be cleared or brought home to him. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1973Mad191
..... held that a compromise decree in a prior suit in which immovable property was also the subject-matter did not require registration by reason of section 17(2)(vi) of the registration act and that it was admissible in the subsequent suit between the same parties. ..... madangopal, air 1945 pc 74, where it was held that though section 17(2)(i) of the registration act exempts a composition deed, it did not mean that if the document required registration under any other enactment it was valid without registration. ..... 16th edn that a wakfnama required registration only under section 17(1)(b) of the registration act. ..... in the absence of any other provision, a deed of public trust relating to immovable property would require registration only under sec 17(1)(b) of the registration act. ..... has held that theeffect of clause (vi) of section 17(2) of the registration act is to limit its operation to any decree or order of a court except a decree or order which is the result of a compromise and which comprises immovable property extraneous to the suit or proceeding which ended in the compromises; in other words a compromise decree comprising immovable property forming the subject-matter of the suit is exempt from registration.10. ..... such a decree is exempt from registration by virtue of section 17(2)(vi) of the registration act. ..... 100 and upwards is dedicated by way of wakf requires to be registered under the indian registration act. ..... swami, 1948-2 mad lj 475 = (air 1949 mad 245) horwill, j. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998VIIAD(SC)457; AIR1999SC468; JT1998(7)SC78; 1998(5)SCALE501; (1998)7SCC579; [1998]Supp2SCR143
..... 'we have perused the bombay medical act, 1912, bihar and orissa medical act, 1916, punjab medical registration act 1916, rajasthan medical act 1952 and maharashtra medical council act, 1965 which regulate maintenance of registers of medical practitioners and the entitlement to practice allopathic medicine. ..... -allopathic doctors) base their clam may be analysed here, (a) it takes in persons who are registered in a medical register of a state (it may be noticed here that such a register should not be meant for registration of homeopathic practitioners but it need not be a register meant for registration of persons practising modern system of medicine); (b) such persons do not fall within category (i) or .category (ii) of clause (ee), as noted above (c) they must be declared as persons practising modern system of medicine by general or special order ..... the punjab ayurvedic and unani practitioners act, 1949 etc. ..... 9874-thbtt-67/34526 dated 29.10.1967 declaring all the vaids/hakims who had been registered under the east punjab ayurvedic and unani practitioners act, 1949 and the pepsu ayurvedic and unani practitioners act, 2008 bk and the punjab ayurvedic and unani practitioners act, 1963 as persons practising modern system of medicine for purposes of the drugs act. ..... 1949 as well as under punjab ayurvedic and unani practitioners act 1963, which repealed the said two acts. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1950Bom401; (1950)52BOMLR614
..... deed itself became void and (b) that the covenant for quiet enjoyment to allow the transferee to remain in possession from generation to generation without obstruction amounted to an agreement to do what was prohibited by the bombay court of wards act, and hence the agreement was void and unenforceable and damages could not be recovered for failing to carry out that covenant.8. ..... by reason of the provisions of section 40, proviso 3, bombay court of wards act, i [1] of 1905, no land-holder, who has been made a government ward in pursuance of section 9 (1) of the act, is competent on the withdrawal of the superintendence of the court of wards to transfer or create any charge on or interest in his property or any part thereof beyond the term of his natural life, except with the previous ..... suit in which an unrecognized sub-division of a bhag was mortgaged with possession contrary to the provisions of the bhagdari and narwadari act, bombay act v [5] of 1862. ..... there is no ground for holding that damages for breach of covenant for quiet enjoyment entered into by a vendor who sells property and the sale contravenes the provisions of section 40, proviso 3, bombay court of wards act, cannot 'be recovered.26. ..... the bombay court of wards act, however, does not impose a general incapacity upon such a person to contract with ..... the bombay court of wards act imposes a disqualification upon the rights of a person whose estate has passed under the superintendence of the court of wards and which has .....
Tag this Judgment!Court : Gujarat
Reported in : [2005]64SCL480(Guj)
..... authorised capital of the transferee company and on such merging of the authorised capital necessary registration fee for the increase in the authorised capital of the transferee company must be paid, in compliance of the provisions of sections 94 to 97 of the companies act, and that the companies act do not recognise the scheme authorising such increase in the share capital of the transferee company ..... has made the statement before the court that the transferee company would pay, on the scheme of amalgamation approved by the high court of bombay, the necessary fee under section 97 of the companies act on the increased share capital of the transferee company and the court has, therefore, taken the view that the legal objections, having been ..... ipso facto and without anything more, from the merger/amalgamation under the sanctioned scheme and the impact thereon of the relevant statutory provisions including those of the companies act, the sick industrial companies (special provisions) act and the accounting standards (as-14) of the institute of chartered accountants of india, the transferee company, should not, as a result of the merger, be made ..... the standards of accounting recommended by the institute of chartered accountants of india constituted under the chartered accountants act, 1949 (38 of 1949) as may be prescribed by the central government in consultation with the national advisory committee on accounting standards established under sub-section (1) of section 210a provided .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj1
..... that quantum is necessarily defined and limited by the terms of the document and does not offend against sections 17 and 49, registration act or section 91, evidence act, the attempt to use the document to prove the quantum of the interest and the character of posses-sion thereunder is not the use of the document for the ..... it was observed that: '....where a mortgage is invalid in view of the provisions of the transfer of property act or any other law like a tenancy act or is inadmissible in evidence in view of section 49 of the registration act or analogous law, there can be no question of a mortgage coming into existence on the mere basis of twelve years' ..... in the supreme court case, 1952-3 scr 43 : (air 1951 sc 469), the facts were as follows : in 1865, the government of bombay called upon the municipality which was the predecessor in title of the corporation of bombay to remove some markets from a certain site and vacate it, and on the application of the then municipal commissioner the government passed a resolution approving and authorising ..... , under section 83 of the jaipur transfer of property act for redemption of the shop but this application was dismissed on the 31st of january, 1949. 3. ..... on 7th october, 1949, the plaintiffs laxmi narain and sitaram filed a suit for redemption of a shop situated in the town of ..... 220 of 1949, decided on the 12th october, 1955, in which it was held that such right can be acquired by adverse possession, but there is another division .....
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