Judgment Search Results Home > Cases Phrase: coal mines nationalisation act 1973 chapter i preliminary Sorted by: old Year: 1988 Page 1 of about 14 results (0.957 seconds)

Chandrakant Chhaganlal Shah Vs. Laxmidas Chhaganlal Shah and anr.

Court : Mumbai

Reported in : 1988(2)BomCR217

..... depend on the circumstances of the particular case including the mode in which the case is sought to be instituted , and the nature of the preliminary action, if any, taken by the magistrate. broadly speaking, when on receiving a complaint the magistrate applies his mind for the purposes of proceeding ..... do only after recording the statement of the complainant on oath. such a statement not having been recorded, it follows that the magistrate had not acted under section 202 of the cri.p.c. the objectionable words found in the order mean no more than an expression that the petition presented ..... permission, shall hear both the parties. subject to the above variation, the magistrate's order is confirmed.on a request made by mr. vakil, i direct the investigating agency to complete the investigation within two months as from today. accused is also directed to make himself available for compliance with all ..... to justify the impugned order. the entire order cannot be justified and certainly not the observations about disclosure of a cognisable offence under section 406 i.p.c. requiring a thorough investigation by the police. mr. vakil submits that in the face of these observations no police officer would dare ..... under section 200 and the succeeding sections in chapter xv of the code of 1973, he is said to have taken cognizance of the offence within the meaning of section 190(a). if, instead of proceeding under chapter xv , he has in the judicial exercise of his discretion, .....

Doypack Systems Pvt. Ltd. Vs. Union of India (Uoi) and ors

Court : Supreme Court of India

Reported in : AIR1988SC782; [1989]65CompCas1(SC); (1988)1CompLJ225(SC); 1988(36)ELT201(SC); JT1988(1)SC304; 1988(1)SCALE273; (1988)2SCC299; [1988]2SCR962; 1988(2)LC54(SC)

..... the expression 'in relation to' used in section 3 of the coal-mines (nationalisation) act, 1973. when the coal-mines were nationalised, the sugar undertakings of swadeshi mining were not taken over since these constituted separate undertakings distinct from the coal-mines. he referred to entries 655, 656 and 657 of the schedule to the coal-mines (nationalisation) act, 1973.(4) dr. chitale submitted that the expression 'investment' may belong ..... to enable the government to indirectly acquire altogether different undertakings belonging to a different company.(2) swadeshi mining and manufacturing company limited had also coal-mines. when coal-mines (nationalisation) act, 1973 was passed with reference to sections 3 and 6 thereof, it were the coal-mines belonging to the said company along with the right, title and interest of the owners in relation ..... statute must take note of the well known historical facts. in conventional language the interpreter must put himself in the arm chair of those who were passing the act i.e. the members of the parliament. it is the collective will of the parliament with which we are concerned. see in this connection the observations of ..... government to the company in cash and in the manner specified in chapter vi, an amount of rupees twenty-four crores and thirty-two lakhs. 25. section 10 of the act deals with the management etc. of the textile undertakings. section 12 of the act deals with the provisions relating to the employees of the textile undertakings. .....

Godore Tools (India) (P.) Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1988)25ITD193(Delhi)

..... whose assessability depended on its nature and character and not on how its measure was determined.8. however, before addressing the arguments on merits a preliminary objection was raised on behalf of the assessee by the learned advocate shri g.c. sharma. he submitted that the finding regarding ccs was essentially ..... link up cash assistance with the development of infrastructure. its report to the govt. of india on 31-1-1978. chapter iv of this report deals with export policy. in paragraph 1 of the said chapter, the committee noted as follows : export policy as conscious effort in influencing the volume and commodity composition of ..... to the transaction which is the source of the receipt, is not conclusive though it may be useful in ascertaining the intention of the parties. [national cement mines industry ltd.'s case (supra) and karam chand thapar and bros. (p.) ltd. v. cit [1971] 82 itr 899 (sc)] (iii) the nature ..... sales tax on the purchase of raw materials and on the sale of finished goods was assessable under section 28 read with section 4.1(1) of the income-tax act, 1961. dbk has all along been taxed in the hands of the assessee. accordingly, we find no force in this ground. ..... they are of the following nature : (a) paid prior to the commencement of trading activities (for administrative expenses). [cit v. state trading corporation of india [1973] 92 itr 294 (delhi)] (b) given to discharge the losses of the business of the subsidiary company to enable it to tide over the loss of .....

Chandro Devi and ors. Vs. Jit Singh and ors.

Court : Delhi

Reported in : 2(1988)ACC467

..... and they were proceeded ex-parte. at the time of accident both the vehicles were insured with m/s. calcutta insurance limited. after the nationalisation of the general insurance in india, the said company was later on represented by national insurance co. ltd. respondent jit singh filed written statement. ..... filed the written statement taking the pleas similar to the pleas taken by respondent jit singh. the insurance company filed the written statement. various preliminary objections were taken the insurance company alleged that the insurance policy covering open truck no. pnf 8204 against third party risk was void on the ..... . ltd. v. p. subramaniam; the high court of assam and nagaland at gauhati in case mahabir prasad agarwalla v. jiban chandra hazarika and anr. 1973 acj 180 and the high court of calcutta in indian mutual general insurance society ltd. v. manzoor ashan and ors. : air1977cal34 . in pushpabai purshottam udeshi ..... fire and general insurance co. ltd new delhi v. smt. gurdev kaur and ors. ; mahabir prasad agarwalla v. jiban chandra hazarika and anr. 1973 acj 180; pushpabai purshottam udeshi and ors. v. m/s ranjit ginning and pressing co. and anr. 1977 acj 343; indian mutual general insurance society ..... the requirements of policies as given in chapter viii of the act and the part of this section which is material for the present case (which stood in the year 1968) reads as under:95. (1) in order to comply with the requirements of this chapter, a policy of insurance must be a .....

Anil Kumar Neotia and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1988SC1353; (1988)2CompLJ91(SC); JT1988(2)SC227; 1988(1)SCALE817; (1988)2SCC587; [1988]3SCR738; 1988(2)LC77(SC)

..... was submitted that there was no public purpose in such acquisition. it is taxation and appropriation and not nationalisation. it was further urged that it was contrary to the preamble to the act because according to the preamble it was to ensure continuance of the manufacture, production and distribution of different ..... rustom cavasjee cooper's case it was not possible to challenge chapter iv-a of the act owing to the the decision of this court that article 19(1)(f) could not be invoked when a case fell within article 31 and that was the reason ..... judgment at pages 85 and 86 of the paper book. it read as follows:shri nariman further submitted that swadeshi polytex limited and swadeshi mining and manufacturing company limited were two separate undertakings distinct from the six textile undertakings belonging to swadeshi cotton mills company limited. acquisition of these ..... in this connection the observations of this court in t. govindaraja mudaliar etc. etc. v. the state of tamil nadu and ors. : [1973]3scr222 where this court at pages 229 and 230 of the report observed as follows:the argument of the appellants is that prior to the decision in ..... swadeshi cotton mills company limited as they have an interest in the business, affairs and properties of the swadeshi cotton mills company limited and swadeshi mining and manufacturing company limited. it was contended that the effect of the aforesaid decision was to take away valuable assets of respondent no. 4, .....

Bharat Steel Tubes Ltd. and anr. Vs. State of Haryana and anr.

Court : Supreme Court of India

Reported in : JT1988(2)SC320; 1988(1)SCALE842; (1988)3SCC478; [1988]3SCR895; [1988]70STC122(SC); 1988(2)LC204(SC)

..... as the haryana act came into force with effect from 5th may, 1973. on the receipt of notice relating to assessment years 1968-69, 1969-70 ..... ]1scr716 , a three-judge bench of this court was considering the procedure of assessment laid down under section 11 of the punjab act. this court observed :on a correct interpretation of the provision aforesaid, what emerges is as follows:(i) that the assessing authority shall hear the evidence produced by the dealer on the day specified in the notice issued under sub ..... and pipes, is a dealer registered under the haryana act as also under the central sales tax act. it filed returns for all the quarters covered within the period indicated above as prescribed by the punjab general sales tax act, 1948 (hereinafter referred to as 'the punjab act') till 31.3.1973 and under the haryana act for the quarters of the remained years in question ..... ranganath misra, j.1. these are applications under article 32 of the constitution and challenge in these proceedings is to the validity of notice issued by the excise and taxation officer-cum-assessing authority, respondent no.2, under the haryana general sales tax act, 1973 (hereinafter referred to as 'the haryana act'). such notice is said to have been issued on 13th of december, 1980 .....

Morrison Vs. Olson

Court : US Supreme Court

..... the attorney general, upon receipt of information that he determines is "sufficient to constitute grounds to investigate whether any person [covered by the act] may have violated any federal criminal law," to conduct a preliminary investigation of the matter. when the attorney page 487 u. s. 661 general has completed this investigation, or 90 days has elapsed, he is required to ..... ] two statutory provisions govern the length of an independent counsel's tenure in office. the first defines the procedure for removing an independent counsel. section 596(a)(1) provides: "an independent counsel appointed under this chapter may be removed from office, other than by impeachment and conviction, only by the personal action of the attorney general and only for good cause, physical ..... 448 u. s. 448 , 448 u. s. 472 (1980) (opinion of burger, c.j.); columbia broadcasting system, inc. v. democratic national committee, 412 u. s. 94 , 412 u. s. 102 (1973); united states v. national dairy products corp., 372 u. s. 29 , 372 u. s. 32 (1963), and that we will decline to apply the statute only if the presumption of ..... . political pressures produced special prosecutors -- for teapot dome and for watergate, for example -- long before this statute created the independent counsel. see act of feb. 8, 1924, ch. 16, 43 stat. 5-6; 38 fed.reg. 30738 (1973). the court has, nonetheless, replaced the clear constitutional prescription that the executive power belongs to the president with a "balancing test." what are .....

Bowen Vs. Kendrick

Court : US Supreme Court

..... s. 610 -611. having held that the statute is not facially invalid, the only purpose of further inquiring whether any particular grantee institution is pervasively sectarian is as a preliminary step to demonstrating that the funds are in fact being used to further religion. in sum, where, as in this litigation, a statute provides that the benefits of a program ..... a religiously affiliated hospital. unlike the afla, however, which seeks "to promote self-discipline and other prudent approaches to the problem of adolescent premarital sexual relations," 300z(b)(1), the act of congress by which the hospital at issue in bradfield had been incorporated expressed that "'the specific and limited object of its creation' is the opening and keeping a hospital ..... grants and loans to institutions of higher education' for the construction of a wide variety of `academic facilities;'" in hunt v. mcnair, 413 u. s. 734 , 413 u. s. 736 (1973), south carolina had established a state agency "the purpose of which [was] 'to assist institutions for higher education in the construction, financing and refinancing of projects' . . . primarily through the ..... statute authorizing grants might be challenged on the grounds that the award of a grant in a particular case would be impermissible. hunt v. mcnair, 413 u. s. 734 (1973), involved a challenge to a south carolina statute that provided for the issuance of revenue bonds to assist "institutions of higher learning" in constructing new facilities. the plaintiffs in .....

Piroja M. Mehta Vs. Hambai Jamshedji Cama (Dr.) and ors.

Court : Mumbai

Reported in : 1988(3)BomCR1; (1988)90BOMLR292

..... the first hearing of the suit'. 'the first hearing of the suit', therefore, cannot under any circumstances be earlier that the date fixed for the preliminary examination of the parties and the settlement of the issues. in a given case, if a date is merely fixed for settlement of issues and another ..... these provisions indicate that 'the first hearing of the suit' can never be earlier than the date fixed for the preliminary examination of the parties (o. x. r. 1) and the settlement of issues (o. xiv, r. 1(5)).' 38. in sham lal v. atme nand jain (1987) s.s.c. 222, ved prakash wadhwa' ..... the tenancy that protection was extended in the appeal where according to the supreme court, the tenant could legitimately invoke the protection of section 13(1) of the act.30. it would be useful to refer to the judgement of a division bench of this court on a similar question under the goa, daman ..... is at this stage that reference must be made to some other amendments which have been made in the act. prior to the amendment, sub-tenancies created between 21st of may, 1959 and 1st of february, 1973 were illegal. by the present amendment, the illegality is removed. it is also provided that the amendment ..... retrospective effect in the other provisions. see s.t. officer, moradabad v. oriental coal corporation, : [1988]2scr562 .23. it has not been possible to appreciate the relevance of shah bhojraj kuverji oil mills and ginning factory v. subhash chandra a.i.r. 1961 s c 1956 (hereinafter referred to a s.b.k. oil .....

Ajit T. Mirchandani of Pune Vs. Chandra Indersen Mirchandani and anr.

Court : Mumbai

Reported in : 1988(3)BomCR179; 1988MhLJ971

..... to continue, the court may while taking into consideration the special facts of a case also quash the proceeding even though it may be at a preliminary stage.' when the authorities refer to 'recitals appearing in the complaint' it is not to be understood as saying that the high court is ..... is doing no wrong. assuming that the complainant shiv rajiv are entitled to share in the privileges, the deprivation cannot be ascribed to a criminal act, but to the assertion of a right said to vest in accused by virtue of the articles of association and the law.7. the alleged evasive ..... criminal breach of trust committed by the accused was punishable under section 409 i.p.c. having misappropriated the estate of the deceased inder, he had rendered himself liable for punishment also under section 404 i.p.c. complainant's preliminary statement was recorded nearly two month after the lodging of the complaint. this ..... s.m. daud, j.1. this petition under section 482 of the code of criminal procedure, 1973 (code) and article 227 of the constitution of india is to quash the prosecution initiated against the petitioner upon a complaint ..... moved by the 1st respondent in the court of the additional chief metropolitan magistrate, 14th court, girgaum, bombay.2. petitioner (hereinafter to be referred to as the 'accused') is the brother of the deceased husband of respondent 1 .....