Court : Karnataka Dharwad
..... rep. by its managing director, sri hanumanth m pai, aged about68years, occ. business, r/o. kiravatti.2. m/s harsham logistics private limited a company incorporated under the provisions of the companies act, having its registered office38 ii floor, eureka junction, t b road, hubballi58002, dharwad, rep. by sri dinesh s/o ramdas pai, director and authorised ..... examine whether the right to claim compensation on deprivation of one's property can be traced to list iii entry 42.185. the constitution (seventh amendment) act, 1956 deleted list i entry 33, list ii entry 36 and reworded list iii entry 42 relating to acquisition and requisitioning of property . it was urged that ..... lay-out a private street on or after the date of the publication of the declaration of intention to prepare the outline development plan under sub-section (1) of section 10, shall submit the lay-out plan together with the prescribed particulars to the planning authority for sanction. (2) the planning authority may, within .....
Tag this Judgment!Court : Karnataka Dharwad
..... a corporation. rule 98 provides for the mode of recovery in which a share in a corporation can be sold by a tax recovery officer. under the companies act, shares of listed companies are compulsorily held in the demat (dematerialized) form. seizure and sale of shares in 'demat' form can be effected only in cyberspace by using internet. ..... in a writ petition and the same is not a statutory appeal; e) petitioner has not exhausted the alternative and efficacious remedy of statutory appeal under section 62 of the kvat act. 9. incontrovertible facts of this case fall within a narrow compass. the first principal contention urged on behalf of the petitioner is with regard to ..... in question 1. keeping the said principle thus pronounced by this court in mind, when we examine the sebi act, 1992 read along with the scr act. 1956 as well as the 1993 scheme, we find that the act itself provides for proceeding against any person in order to protect the interests of investors and the stock market in .....
Tag this Judgment!Court : Karnataka Dharwad
..... . rule 98 provides for the mode of recovery in which a share in a corporation can be sold by a tax recovery officer. under the companies :17. : act, shares of listed companies are compulsorily held in the demat (dematerialized) form. seizure and sale of shares in demat form can be effected only in cyberspace by using internet ..... a writ petition and the same is not a statutory appeal; e) petitioner has not exhausted the alternative and efficacious remedy of statutory appeal under section 62 of the kvat act.9. incontrovertible facts of this case fall within a narrow compass. the first principal contention urged on behalf of the petitioner is with regard to ..... thus, petitioner received the impugned communication dated 16.8.2016 from its banker.6. assailing the legality and correctness of the notices issued under section 45 of the kvat act and section 9 of kteg act, sri n.g.rasalkar, learned counsel for the petitioner made following submissions: :5. : a) that notice for the assessment year 2005- .....
Tag this Judgment!Court : Karnataka Dharwad
..... nomination. effect of vest in s. 109a of the companies act, 1956 & bye-law911.1 of the depositories act, 1996 46. the appellants' case is grounded in the interpretation of the term vest in section 109a of the companies act, 1956 and bye-law 9.11.1 under the depositories act, 1996, and according to them, the use of the ..... ramifications and create significant impact on disposition of properties left behind by deceased nominators.45. the legislative intent of creating a scheme of nomination under the companies act, 1956 in our opinion is not intended to grant absolute rights of ownership in favour of the nominee merely because the provision contains three elements i.e., ..... of the three elements i.e., the term vest , the provision excluding others as well as a non-obstante clause under s.109a of the companies act, 1956 have not persuaded us in the interpretation to be accorded vis- -vis nomination, in any different manner. different legislations with provisions pertaining to nomination that .....
Tag this Judgment!Court : Karnataka Dharwad
..... by the learned jmfc in view of the fact that some of the petitioners are companies incorporated under the indian companies act, 1956, and most of the petitioners are directors of the same. in regard to the vicarious liability of the director of companies for the offences alleged against them are concerned, law is very clear [vide sms ..... adverted his attention to the law laid down by the hon ble supreme court in the above case. further sub-section 2 of section 49 of the act enables the companies to authorize a director to act as compliance officer and once such nomination has been done in accordance with law and such nomination is conveyed to the ..... the petitioners herein are located/residing in places outside the said jurisdiction viz., bangalore, mumbai and various other states and therefore by following the procedure established under section 202 of cr.p.c. the issuance of process ought to have been postponed/deferred till after holding inquiry as provided therein. for the said purpose, .....
Tag this Judgment!Court : Karnataka Dharwad
..... by the learned jmfc in view of the fact that some of the petitioners are companies incorporated under the indian companies act, 1956, and most of the petitioners are directors of the same. in regard to the vicarious liability of the director of companies for the offences alleged against them are concerned, law is very clear [vide sms ..... adverted his attention to the law laid down by the hon ble supreme court in the above case. further sub-section 2 of section 49 of the act enables the companies to authorize a director to act as compliance officer and once such nomination has been done in accordance with law and such nomination is conveyed to the ..... the petitioners herein are located/residing in places outside the said jurisdiction viz., bangalore, mumbai and various other states and therefore by following the procedure established under section 202 of cr.p.c. the issuance of process ought to have been postponed/deferred till after holding inquiry as provided therein. for the said purpose, .....
Tag this Judgment!Court : Karnataka Dharwad
..... by the learned jmfc in view of the fact that some of the petitioners are companies incorporated under the indian companies act, 1956, and most of the petitioners are directors of the same. in regard to the vicarious liability of the director of companies for the offences alleged against them are concerned, law is very clear [vide sms ..... adverted his attention to the law laid down by the hon ble supreme court in the above case. further sub-section 2 of section 49 of the act enables the companies to authorize a director to act as compliance officer and once such nomination has been done in accordance with law and such nomination is conveyed to the ..... the petitioners herein are located/residing in places outside the said jurisdiction viz., bangalore, mumbai and various other states and therefore by following the procedure established under section 202 of cr.p.c. the issuance of process ought to have been postponed/deferred till after holding inquiry as provided therein. for the said purpose, .....
Tag this Judgment!Court : Karnataka Dharwad
..... by the learned jmfc in view of the fact that some of the petitioners are companies incorporated under the indian companies act, 1956, and most of the petitioners are directors of the same. in regard to the vicarious liability of the director of companies for the offences alleged against them are concerned, law is very clear [vide sms ..... adverted his attention to the law laid down by the hon ble supreme court in the above case. further sub-section 2 of section 49 of the act enables the companies to authorize a director to act as compliance officer and once such nomination has been done in accordance with law and such nomination is conveyed to the ..... the petitioners herein are located/residing in places outside the said jurisdiction viz., bangalore, mumbai and various other states and therefore by following the procedure established under section 202 of cr.p.c. the issuance of process ought to have been postponed/deferred till after holding inquiry as provided therein. for the said purpose, .....
Tag this Judgment!Court : Karnataka Dharwad
..... suresh was less than 100cc capacity and riding the said motorcycle without dl with pillion rider is contrary to section 140(3) of the motor vehicles act, 1988. hence, he seeks to allow the appeals filed by the insurance company by holding that the deceased was negligent in riding the motorcycle and contributed the accident in question.10. ..... to the motorcycle.11. learned counsel smt. sunanda patil would further submit that after investigation, the police filed charge sheet against the deceased suresh under sections 3 and 181 of the mv act and not under sections 279, 338 and 304a of ipc. the driver of the offending jeep was charge sheeted for the offence punishable under ..... is evident that the charge sheet is filed against the deceased rider for the offence punishable under sections 3 and 181 of the mv act, however, charge sheet is filed against the driver of mahindra jeep for the offence punishable under sections 279, 338 and 304a of ipc, which further makes it clear that the driver of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... suresh was less than 100cc capacity and riding the said motorcycle without dl with pillion rider is contrary to section 140(3) of the motor vehicles act, 1988. hence, he seeks to allow the appeals filed by the insurance company by holding that the deceased was negligent in riding the motorcycle and contributed the accident in question.10. ..... to the motorcycle.11. learned counsel smt. sunanda patil would further submit that after investigation, the police filed charge sheet against the deceased suresh under sections 3 and 181 of the mv act and not under sections 279, 338 and 304a of ipc. the driver of the offending jeep was charge sheeted for the offence punishable under ..... is evident that the charge sheet is filed against the deceased rider for the offence punishable under sections 3 and 181 of the mv act, however, charge sheet is filed against the driver of mahindra jeep for the offence punishable under sections 279, 338 and 304a of ipc, which further makes it clear that the driver of the .....
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