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Agricultural Produce Market Committee, Narela, Delhi Vs. Commissioner ...

Court : Supreme Court of India

Reported in : (2008)218CTR(SC)433; [2008]305ITR1(SC); JT2008(10)SC17; 2008(11)SCALE540; (2008)9SCC434; 2008AIRSCW6285; 2008(6)Supreme520; 2008(11)SCALE540

..... to provide for development of agricultural produce in the market area; (xv) payment of expenses on elections under this act; (xvi) incurring of all expenses for research, extension and training in marketing of agricultural produce;(xvii) prevention, on conjunction with other agencies, state, union territory, central and others in relation to distress sale of agricultural produce;(xviii) fostering co-operative marketing and assisting co- operative ..... as referred to in clause (d) of article 243 of the constitution; or (ii) municipality as referred to in clause (e) of article 243p of the constitution; or (iii) municipal committee and district board, legally entitled to, or entrusted by the government with, the control or management of a municipal or local fund; or (iv) cantonment board as defined in section 3 of the cantonments act, 1924 (2 of 1924);12. mr. m.l. ..... delhi municipal council, that council; and (iii) the delhi cantonment board, that board; explanation- it is hereby clarified that, for the purpose of this act, the delhi development authority constituted under the delhi development act, 1957 and the board and a marketing committee established under this act, shall be deemed to be local authority;chapter iiiconstitution and powers of delhi agricultural marketing board17 ..... providing amenities to the inhabitants of the locality, like health and education services, water and sewerage, town planning and development, roads, markets, transportation, social welfare services etc. .....

Bennett, Coleman and Co. Ltd. and Others Vs. Appellate Authority for I ...

Court : Delhi

Reported in : AIR1996Delhi172; [1996]85CompCas230(Delhi)

..... to what are the effects of assuming management of an industrial undertaking by the central government under chapter iii-a of i(d&r;) act have been fully specified under section 18b of that act. 21. ..... central government: (a) to exempt dail from relevant provisions of mrtp act, companies act, securities (contracts and regulations) act, sebi act and other applicable acts and notifications/circulars issued from time to time under these acts for the purpose of acquiring shares of acl and for making any capital issue for raising the funds required for implementing the scheme; (b) to exempt dail and its associate companies from restrictions contained in companies act and other relevant acts for ..... providing inter corporate loans, to acl as provided in the scheme; (c) to exempt acl under section 41(1) of it act, 1961 in respect of remission arising out of obligation undertaken by banks/institutions under the scheme; (d) to exempt the ..... it has also been mentioned that dail's unequivocal commitment for implementation of the final rehabilitation scheme (including inducting such further funds as may be deemed necessary, under the finally sanctioned scheme) may be taken into account by this authority and it may be permitted to implement the .....

M.G. Investment and Industrial Company Ltd. Vs. New Shorrock Spinning ...

Court : Mumbai

Reported in : [1972]42CompCas145(Bom)

..... it concedes that, if it has been an 'undertaking', by virtue of section 20(b)(ii), part a of chapter iii of the monopolies act would apply to it and, in that event, approval of the central government would be necessary before the scheme is sanctioned by this court. 8. ..... in my opinion, the cumulative effect of all the five factors indicated above is that prior to 31st december, 1965, the petitioner company was carrying on business as an investment company along with its business of managing agency and, after that date, it continued to carry on business and in any event carried on the business of an investment company and i so hold. 22. ..... from the name of the petitioner company and its objects clause it would appear that the petitioner company was a company whose business was to consist of investing its funds in the shares and securities of other companies for the purpose of capital appreciation, income, preservation or safety of capital or for a combination of such purposes. ..... there are a number of mutual funds which instead of issuing units issue their own shares. ..... bhabha contended that an investment company like a mutual fund in the u.s.a. ..... the american company can but its own shares and accordingly it is possible to achieve the same and as that of a unit trust by an open-ended investment trust company or 'mutual fund. .....

Balaram Rout. Vs. State of Orissa Rep.Principal and ors.

Court : Orissa

..... rival legal contentions urged on behalf of the parties, the following points would arise for consideration:(1) whether the similar provisions in the present impugned act is required to be re-examined in these writ petitions with reference to either the definition clause or declaration under section 5(1) and other provisions of chapter iii of the impugned act in view of the decision rendered by this court in kishore chandra patel's case (supra) wherein the provisions of section 5 and other similar provisions of the ..... therefore, the aforesaid clauses of the bill are irreconcilable with the provisions of the prevention of corruption act, permitting interim management of properties during trial in view of section 5 (6) read with section 29 incorporating the provisions of sections 8 and 9 of the criminal law amendment ordinance, 1944 and section 452 of the code of criminal procedure providing for disposal of properties ..... state government to authorize the public prosecutor to initiate proceedings for confiscation, based on opinion of the state government that a person who had held high public or political office and accused of offence under section 13(1)(e) of the central act had committed the said offence, which provisions of the act do not envisage disclosure of any such evidence or materials or furnishing copies thereof to a person subjected to confiscation proceedings. .....

Patel Gitaben Ramanlal Vs. State of Gujarat

Court : Gujarat

Reported in : (2005)2GLR1498

..... of these petitions afresh in light of the observations made in this judgment and particularly as to -(i) what should be the pay-scale payable to the school inspectors/education inspectors/supervisors for primary schools managed and controlled by municipal corporations/ municipalities / district panchayats;(ii) when the pay-scale of primary teachers employed by the municipal corporations/municipalities and of those employed by the district panchayats is the same, ..... to the provisions of the bombay primary education act, 1947 chapter iii thereof provides for powers, duties and functions of ..... , supervisors, attendance officers, clerks, inferior servants and other staff;part c (section 18) provides that subject to the provisions of this act and the rules made thereunder, the municipal school board shall be responsible for the management and control of all primary schools which vest in the authorized municipality and the board shall exercise such powers and perform such duties and ..... learn that by letter dated 1.5.2001 (annexure 'd' to the petition), the director of primary education had informed the offices of the local fund audit that the primary teachers employed by the municipal primary education committees (known as municipal school boards) were to be given the first higher ..... union of india, air 2000 sc 498 (para 66) :-'what we mean to say is that parliament and the legislature in this country cannot transgress the basic feature of the constitution, namely, the principle of equality .....

Janki Sugar Mills Co. Ltd. Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : AIR1976All99

..... were insufficient to vest control of industries in the central government, the parliament made an amendment in the said act providing for section 18-a in chapter iii-a. ..... undertaking and such restarting is necessary in the interest of the general public, it may, by a notified order, authorise any person or body of persons (hereafter referred to as the 'authorised person') to take over the management of the whole or any part of the industrial undertaking or to exercise in respect of the whole or any part of the undertaking such functions of the control as may be specified in the order.' 7. ..... over industrial undertakings without investigation under certain circumstances-- (1) without prejudice to any other provision of this act, if, from the documentary or other evidence in its possession, the central government is satisfied, in relation to an industrial undertaking, that- (a) the persons in charge of such industrial undertaking have, by reckless investments or creation of incumbrances on the assets of the industrial undertaking, or by diversion of funds, brought about a situation which is likely to affect the production of articles manufactured or produced ..... it is to be noted in this connection that the appointment of the authorised controller was made under section 18-aa for the reason that by diversion of funds the petitioner firm brought about a situation, which was likely to affect the production of sugar manufactured in the said undertaking and that immediate action was .....

Dr. Akshaibar Lal and ors. Vs. the Vice-chancellor, Banaras Hindu Univ ...

Court : Supreme Court of India

Reported in : AIR1961SC619; [1961]3SCR386

..... and known as the reviewing committee, which shall consist of the following persons, namely :- (a) a person who is or has been a judge of a high court nominated by the central government who shall be the chairman of the committee; and (b) two persons nominated by the central government from among persons who have had administrative or other experience in educational matters, (3) it shall be the duty of the reviewing committee to examine the case of every person referred to it by the solicitor ..... chapter iii in part i of the banaras hindu university calendar (1958) contains the terms of appointment, grades, salary and conditions of service of teachers, officers and other employees of the ..... the executive council shall, subject to the control of the visitor, have the management and administration of the whole revenue and property of the university and the conduct of all administrative affairs of the ..... , in the following passage : 'my view then is that only case in which the court can interfere with an act a public body which is, on the face of it, regular and within its powers, is when it is proved to be in fact ultra vires, and that the references in the judgments in the several cases cited in argument to bad faith, corruption, ..... we have already referred to the first statutes of the university which were placed in schedule i of the act and the power of the executive council to make new or additional statutes or to amend or repeal existing statutes subject to the prior approval of the .....

C. Chellamuthu Vs. The Deputy Director, Prevention of Money Laundering ...

Court : Chennai Madurai

..... at this stage of the proceedings we cannot be oblivious of the fact that the petitioners and others, whose assets are being subjected to the processes under chapter iii of the act, are alleged to be closely related to or employees of the individual (s) who orchestrated the massive scam and that these persons had traded in the shares of scsl (with a presumptive insider information) when those shares had ..... behalf of the petitioners; since the dividend, the higher dividend or the value of the shares sold would be relatable to illegal conduct of a company or its officers (if such illegality is a scheduled offence and the company or a person in management or control of the company is accused of an offence under section 3) and would be proceeds of crime, so much of the quantum of the dividend received or the value of a share sold as constitutes proceeds of crime could be liable to attachment and confiscation ..... no.6.104.1181 (old a/c.no.10233/4) with bharat overseas bank) and the entire amount was found to have been transferred to various individuals including relatives and firm for no economic reasons by placing the funds at the disposal of shri umeshbangur in the form of signed blank cheque leaves. ..... the real question is whether the funds in the account of r.p.modani were tainted ..... disbursed from nre account and such remittance is permissible in law does not and cannot legitimise the transaction, until it is established that the amount so gifted by r.p.modani itself was not tainted funds. .....

Secy.,sundargarh Vs. Arjun Ch.Sahoo

Court : Orissa

..... (c) no.298 of 2003 was disposed of, i find that the hon ble single judge considering the submissions of the parties accepted the stand taken by the management that the initial appointment of the petitioner was completely illegal and contrary to the procedure prescribed for recruitment of the employees of the bank for which the petitioner-workman canno.claim ..... to place these matters before the hon ble the chief justice for passing appropriate order for placing these matters before an appropriate division bench of this court under the proviso to rule 1 of chapter-iii of the rules of the high of orissa, 1948. ..... act did no.arise in the instant case as by no.allowing the petitioner- workman to continue, the same will no.amount to termination of service, but will be a declaration that he had never been appointed to that post and, therefore, no.allowing the petitioners in the said writ petitions to work with effect from 27.7.2000 was no.a voluntary act of the management ..... industrial tribunal and another, air 200.sc 67.and interpreting rule 58 of the central cooperative bank staff service rules, 1984 found that the conclusion arrived at by the learned tribunal is fallacious and, thus finding, allowed the writ petitions by directing payment of compensation in lieu of back wages to ..... in the judgment under review, a similar contention on behalf of the management was raised before this court on the basis of which it was submitted that question of complying with the provisions of section 25f .....

Punjab State Warehousing Corporation, Chandigarh Vs. Shangara Singh an ...

Court : Punjab and Haryana

Reported in : AIR1979P& H118

..... as under:(1) where the provisions of this act are put in force the purpose of acquiring land at the cost of any fund controlled or managed by a local authority by of any company, the charges of and incidental to such acquisition shall be defrayed from or by such fund or company, (2) in any proceeding held before a collector or court in such cases the local authority or company concerned may appear f and adduce evidence for the purpose of determining the amount of compensation: provided that no such local ..... in valjibhai's case, the question, with which we are faced in the instant case, was directly involved, and on consideration of the statutory provisions of the road transport corporation act, 1948, which are closely analogous with the provisions of the corporation act, the learned judges held that the state transport corporation, having been incorporated by an 'indian law' fell within the definition of s. ..... 18 which forms part of chapter iii relating to the state warehousing corporations. ..... section 5 provides that the shares of the corporation shall be guaranteed by the central government as to the repayment of the principal and the payment of the annual dividend at such minimum rate as may he fixed by the central government, by notification published in the official gazette, at the time of the issue of the shares.11. .....