Judgment Search Results Home > Cases Phrase: companies act 2013 chapter xxix miscellaneous Court: supreme court of india Page 7 of about 362 results (0.148 seconds)

State of Gujarat Vs. Mirzapur Moti Kureshi Kassab Jamat and ors.

Court : Supreme Court of India

Reported in : AIR2006SC212; (2006)1GLR294; [2006(2)JCR272(SC)]; JT2005(12)SC580; RLW2006(1)SC705; 2005(8)SCALE661; (2005)8SCC534; 2006(1)LC240(SC)

..... ground that the construction placed by the vice- chancellor on certain sections of the companies act 1862 had been accepted for a long time. ..... kautilya's arthasastra has a special chapter (ch.xxix) dealing with the 'superintendent of cows' and the duties of the owner of cows are also referred to in ch.xi of hindu law in its sources ..... the restriction which can be placed on the rights listed in article 19(1) are not subject only to articles 19(2) to 19(6); the provisions contained in the chapter on directive principles of state policy can also be pressed into service and relied on for the purpose of adjudging the reasonability of restrictions placed on the fundamental rights.question - 2 fundamental rights and articles 48, 48-a and ..... )a complete reading of the research paper on food security and nutrition (chapter 3 in india vision 2020) is a clear pointer to the fact that desirable diet and nutrition are not necessarily associated with non-vegetarian diet and that too originating ..... limitations : first, that it does not run in clear conflict with the fundamental right, and secondly, that it has been enacted within the legislative competence of the enacting legislature under part xi chapter i of the constitution.in municipal corporation of the city of ahmedabad and ors. v. ..... 'india vision 2020' (ibid, chapter 3) deals with 'food security and ..... scr 525, it was held that the directive principles of state policy have to conform to and run as subsidiary to the chapter of fundamental rights. .....

The Assistant Commissioner, Assessment-ii, Bangalore and ors. Vs. Vell ...

Court : Supreme Court of India

Reported in : AIR2004SC86; (2004)1CompLJ21(SC); 2004CriLJ1221; (2003)184CTR(SC)193; 2003(157)ELT369(SC); [2003]263ITR550(SC); JT2003(Suppl2)SC99; 2003(7)SCALE530; (2003)11SCC405; [2003]4

..... observations vide paragraphs 6 and 8:'6 -- from a plain reading of the above section it is manifest that if an offence under the act is committed by a company the persons who are liable to be proceeded against and punished are: (i) the company, (which includes a firm); (ii) every person, who at the time the offence was committed, was in charge of and was responsible to the company for the conduct of the business; and (iii) any director (who in relation to a firm means a partner), manager ..... reference may be made to section 35h wealth tax act, section 14a employees provident fund and miscellaneous provisions act, section 141 negotiable instruments act, section 34 drugs and cosmetics act, section 10 essential commodities act, section 6 indian merchandise act, section 38 narcotic drugs and psychotropic substances act and section 17 prevention of food adulteration act. ..... rinawma : ilr1993kar709 for holding that an opportunity of hearing should be given to an accused before grant of sanction is that under section 279(2) of the act any offence under chapter xxii may, either before or after the institution of proceedings be compounded by the board, or a chief commissioner or a director general authorised by the board in this behalf and, therefore, if an opportunity is given to an assessee before grant of sanction, he may offer .....

Delhi Transport Corporation Vs. D.T.C. Mazdoor Congress and Others

Court : Supreme Court of India

Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)

..... any misconduct, any one of the punishment mentioned in regulation 43 on the employee concerned.provided that before exercising his extra ordinary power, the board shall give 30 days prior notice to the employee concerned of the act of misconduct that the reasons why it is not possible or practicable to hold an enquiry into such misconduct, and the punishment proposed by the board and the employee shall be entitled to make a full written ..... stipulated that the corporation shall take as many of the existing staff or labour as possible and that those who could not be taken over shall be paid by the concerned company all moneys due to them under the law and all legitimate and legal compensations payable to them either under industrial disputes act or otherwise legally admissible and that such moneys shall be provided by the government of india to the transferor ..... according to shri ramamurthi these decisions are authority for the following propositions:(a) the declarations in the provisions contained in the fundamental rights chapter involve an obligation imposed not merely upon the 'state' but upon all persons to respect the rights declared, unless the context indicates otherwise, against every person or ..... these civil appeals, special leave petitions and civil miscellaneous petitions deal with the question of constitutional validity of the right of the employer to terminate the services of permanent employees without holding any inquiry in certain circumstances by reasonable notice or .....

The Belsund Sugar Co. Ltd. Vs. the State of Bihar and ors. Etc.

Court : Supreme Court of India

Reported in : AIR1999SC3125; 1999(4)ARBLR502(SC); 1999(3)BLJR2191; JT1999(5)SC422; 1999(4)SCALE516; (1999)9SCC620; [1999]Supp1SCR146

..... majority, relying upon the earlier decisions of this court including the constitution bench judgment in the case of ram chandra kailash kumar and company (supra), considered the very same contention as canvassed by learned senior counsel shri shanti bhushan, namely, that the market act was meant to protect the agriculturists who produce basic agricultural produce and was not meant to protect big producers having factories wherein they ..... 1 and 3 in para xii dealing with miscellaneous items as found in the schedule to the market act enacted as per section 2(1)(a) of the act.section 2(1)(a) of the act defines 'agricultural produce' as under:agricultural produce' means all produce whether processed or non-processed, manufactured or not, of agriculture, horticulture, plantation, animal husbandry, forest, sericulture, pisciculture, and includes livestock or poultry as specified in ..... on a conjoint reading of section 2(1)(a) and the schedule under miscellaneous item xii sub-item 30, therefore, it has to be held that the market act would squarely get attracted to regulate the sale of such produce of tea by the appellant in ..... chapter vi deals with miscellaneous ..... 16 years in 1976, tea was added as one of the items in the schedule to the act under the caption 'miscellaneous item no. ..... it is true, as seen earlier, that the said section 30 found in chapter vi deals with control by the central government and lays down the power of the central government regarding control, price and distribution of .....

Rosy Jacob Vs. Jacob A. Chakramakkal

Court : Supreme Court of India

Reported in : AIR1973SC2090; (1973)1SCC840; [1973]3SCR918

..... it was strenuously pressed by shri balasubaramania iyer the counsel for the appellant wife that the husband's application under section 25, guardians and wards act was not competent because none of the children had been illegally removed from the lawful custody of their father, the custody of the two children having been lawfully entrusted to the wife in proceedings to ..... it is not disputed that, as already noticed, the court dealing with the proceedings for judicial separation under the indian divorce act, (4 of 1869) had made certain orders with respect to the custody, maintenance and education of the three children of the ..... age of the daughter it present is such that she must need the constant company of a grown-up female in the house genuinely interested in her welfare. ..... aside the judgment of the letters patent bench in this respect, restore that of the learned single judge who, in our view, had correctly exercised his discretion under section 25 of the guardians and wards act, the directions given by him with respect to access of the parties to their children are also restored.22. ..... under section 3 of that act this age is fixed at 18 years, except for those, for whose person or property or both a guardian has already been appointed by a court of justice (other than a guardian for a suit under chapter xxxi, c.p.c) and for whose property, superintendence has been assumed by a court of wards, for whom it is fixed at 21 ..... in june, 1972 he had presented civil miscellaneous petitions nos. .....

Sudevanand Vs. State Through Cbi

Court : Supreme Court of India

..... high court took up all the three criminal miscellaneous applications and disposed them of by order dated november ..... for consideration before the court was whether the deposition of mokam singh (pw.2) before the juvenile court would come within the meaning of previous statement under section 145 of the evidence act so as to justify his recall for further cross-examination confronting him with his deposition before the juvenile court. ..... criminal miscellaneous) no.5700/98 was filed on september 16, 1998 to summon vikram, the approver (pw.1 in the case), for further cross- examination in terms of section 145 of the evidence act. ..... the third application (criminal miscellaneous) no.6300/98 was filed on october 15, 1998 praying to call the evidence of vikram, the approver (pw.2), recorded in ..... is to say 11 years after coming out of jail, the appellants filed three criminal miscellaneous applications in the pending appeals. ..... that as a result of the central investigating agency and the state investigating agency acting at cross purpose, the case had become highly murky to the great detriment of ..... - (1) in dealing with any appeal under this chapter, the appellate court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a magistrate, or, when the appellate court is a high court, by a court of ..... evidence under this section shall be subject to the provisions of chapter xxiii, as if it were an inquiry. 30. .....

The Oil and Natural Gas Commission and Another Vs. the Association of ...

Court : Supreme Court of India

Reported in : AIR1990SC1851; (1990)2CompLJ89(SC); JT1990(2)SC516; 1990(1)SCALE900; 1990Supp(1)SCC397; [1990]3SCR157

..... the prices of substitute materials is understandable in foreign countries, where gas has been deliberately pushed into the fuel market by pipe line companies which have constructed long and expensive pipe lines and sold gas at a price lower than that of alternative fuels in order to ..... chapter v (miscellaneous) enacts that any land required by the commission for carrying out its function under the act shall be deemed to be needed for a public purpose and such land can be acquired by the commission under the provisions of the land acquisition act ..... maximum economic returns should be secured from all public enterprises, whether these are operated by the central or state governments directly or through corporation or companies and that the surplus of public enterprises will have to play an increasing part in financing economic development under the various national plans. ..... , with certain persons who paid the expenses, that they should have the exclusive use of water, and that the company should not tap the pipe without their consent unless it first repaid them for the pipe, does not relieve the company from its obligation to supply water, on reasonable terms, to all persons living on such street who may apply for ..... on 'price determination and price policy' where, dealing with the basis of fixation of gas price by negotiation between the british gas commission and companies producing north sea gas, it is pointed out hat the price is set by the nearest alternative fuel, usually fuel oil. .....

K.M. Nanavati Vs. the State of Bombay

Court : Supreme Court of India

Reported in : AIR1961SC112; (1961)63BOMLR221; 1961CriLJ173; [1961]1SCR497

..... 'moreover, section 154 contemplates - or, at anyrate, provides for - the dissolution of the transferor company when thetransfer of its undertaking has been made, and there appears to be no means ofcalling back to life the company so dissolved for section 294 occurs in part vof the companies act, 1929, dealing with winding up, whereas section 154 isfound in part iv' ..... sentenced to death in a province, the governor general in hisdiscretion shall have all such powers of suspension, remission or commutationof sentence as were vested in the governor general in council immediatelybefore the commencement of part iii of this act, but save as aforesaid noauthority in india outside a province shall have any power to suspend, remit orcommute the sentence of any person convicted in the province : provided that nothing in thissub-section affects any power of ..... . in other words, chapter xxix deals with personssentenced to punishment for an offence simpliciter in general terms, whereas s.426 deals with a special case and therefore must be out of the ..... may be repetitive but itcannot be sufficiently emphasised that both the power of pardon and the powerof reprieve which is a part of the all comprehensive power of pardon areexecutive acts and can be exercised at any time and in any circumstancesuntrammelled and without control and in absolute freedom except that prescribedby the constitution; craies on statute law, page ..... section 295 is in part xii miscellaneous and under sub-head provisions .....

Kartar Singh Vs. State of Punjab.

Court : Supreme Court of India

Reported in : 1994SCC(3)569; JT1994(2)423

..... as a matter of right from any judgment, sentence or order, not being an interlocutory order, of the court direct to the supreme court both on facts and law (vide sections 7 to 16) and other miscellaneous provisions regarding the modified application of certain provisions of the code' of criminal procedure, 1973, competence of central government to exercise powers of state government and delegation of powers, power of the supreme court of india ..... . but the modification is only with reference to judicial magistrates who are empowered to record any confession or statement made to him in the course of an investigation under chapter xii or under any other law for the time being in force, that is to say, the expressions 'metropolitan magistrate' and 'judicial magistrate' should be construed as a reference to ..... . section 164 of the code gives power to the metropolitan magistrate or judicial magistrate to record confession and statements during the course of investigation under chapter 12 or under any law for the time being in 125 66ia66,81:air1939pc47:40crilj364126 air 1959 sc 1012: 1959 supp 2 scr 875: 1959 cri lj 1231 725force, or at ..... whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial301 ..... crown court against the company under lotteries and amusement act, 1976 .....

The State of Bihar Vs. Maharajadhiraja Sir Kameshwar Singh of Darbhang ...

Court : Supreme Court of India

Reported in : [1952]1SCR889

..... compensation being as i hold, a provision of article 31(2) and not being implicit in or a part and parcel of the legislative power itself under entry 36 in list ii read by itself or conjunction with entry 42 in list iii, the impugned act cannot, by virtue of articles 31(4), 31a and 31-b be called in question on the ground that it contravenes or is consistent with or takes away or abridges any of the rights conferred by the provisions of clause (2) of article 31, that is ..... compensation is not a provision to be found exclusively in article 31(2) but that it is also provided for in other parts of the constitution and that, in so far as such obligation is found provided elsewhere, the impugned act can well be challenged on the ground that it contravenes or is inconsistent with or takes way or abridges the provision of those other parts of the constitution, for that ground of challenge has not been taken away by articles ..... 'this principle is embodied in article 31(2) of our constitution in these terms :- 'no property, movable or immovable, including any interest in, or in any company owning, any commercial or industrial undertaking, shall be taken possession of or acquired for public purposes under any law authorising the taking of such possession or ..... the act are of a miscellaneous character ..... but this provision for adding the fifty percent of the arrears also appears in the chapter headed 'assessment of compensation' and, therefore, the fifty percent of the arrears is ..... chapter v of the act .....