Judgment Search Results Home > Cases Phrase: companies act 2013 chapter xxvi nidhis Court: rajasthan Page 1 of about 61 results (0.044 seconds)

Regional Transport Authority, Jodhpur Vs. Sita Ram

Court : Rajasthan

Reported in : AIR1993Raj76; 1992(3)WLC314; 1992(2)WLN489

..... superseded by any appointment, notification, order, scheme, rule form or bye-law made or issued under the provisions so re-enacted and when any central act or regulation, which, by a notification under section 5 or 5a of the scheduled districts act, 1874, or any like law, has been extended to any local area, has, by a subsequent notification, been withdrawn from and re-extended to such area or any part thereof ..... state transport authority, jaipur regarding the model condition was not published as required under the proviso of clause (x) of sub-section (2) of section 72 of the new act and as such said condition could not be imposed before the expiry of two years of its publication and accordingly allowed all the writ petitions by his impugned orders ..... and re-enacted with or without modification, then, unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, form or by law, made or issued under the repealed act or regulation, shall, so far as it is not inconsistent with the provisions re-enacted, continue in force, and be deemed to have been made or issued under the provisions so re-enacted, unless and until it is ..... with model condition appears in chapter v relating to control of transport vehicles and chapter viii deals' with construction, ..... model condition appears in chapter v dealing with the ..... (iii) chapter vii of the new rules dealing with the construction, equipment and maintenance of the motor ..... chapter v of these rules .....

Maheshwari Agro Industries Vs. Union of India

Court : Rajasthan

..... the direct tax, namely, income tax on various types of assessee/s including the body corporates, is required to be paid as per charging provisions of the act after computing the total income under chapter iv of the act, which provides for computation of the total income under six different heads like income from salary, income from house property, profits and gains of business or profession, capital gains ..... learned counsel for the petitioner also urged that provisions contained in section 220 of the act, in chapter xxvii bearing the heading collection and recovery of taxes in part d of chapter xxvii, cannot be equated with the power to grant stay and it is a negative power or a discretion given to the assessing authority in negative terms, empowering him to not to treat the assessee in default, subject to certain ..... proceeding further, the scheme of the act in chapter xxvii deals with collection of recovery of tax, which is divided in six parts, ..... the chapter relating to deductions to be made from the total income in chapter-vi (a) comprises section 80a to 80 vv of the act which provide for various kinds of deductions from such income to various classes of ..... chapter xxiii of the act, defines income tax authorities and their powers comprising of sections 116 to 136 of the act including the powers of search and ..... the chapter xxiv of the act deals with procedure of filing returns, enquiry before assessment, assessment under section 143, best judgment assessment under section 144, re- .....

Rajasthan Udyog Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1978Raj31; 1976(9)WLN835

..... :-- 'reading sections 4, 5-a and 6 together we have no hesitation in coming to the conclusion that where a state seeks to acquire the land of another under the act, it must mention in the notifications both under sections 4 and 6 whether it intends to do so for a company or otherwise and where it fails to mention to give this information and issues a notification which prima facie indicates as if it intends to acquire such land for its own ..... (iii) that the land proposed to be acquired is suitable for the purpose; (iv) that the area of land proposed to be acquired is not excessive; (v) that the company is in a position to utilise the land expeditiously; and (vi) where the land proposed to be acquired is good agricultural land that no alternative suitable site can be found so as to avoid acquisition of that land. ..... ; (iii) that the land proposed to be acquired is suitable for the purpose; (iv) that the area of land proposed to be acquired is not excessive; (v) that the company is in a position to utilise the land expeditiously; and (vi) where the land proposed to be acquired is good agricultural land, that no alternative suitable area can be found so as to avoid acquisition of that land ..... been mentioned that it was being acquired for public purpose, that is, for general engineering works, bharatpur which is not a company in itself, (e) that the provisions of chapter vii were not complied with; and (f) that rule 32 of the rajasthan land acquisition rules, 1956 was not complied with. .....

Subhash Kumar Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : 1999CriLJ2796

..... . however, the question whether in ail these criminal cases, the general provisions of chapter xxxvi of the criminal procedure code were applicable or the special provisions of section, 142 (b) of the said act were applicable, as observed hereinbefore, this question having not been agitated before the learned trial magistrate, is kept open for consideration by the learned trial magistrate in case the same is ..... magistrate in all the three cases, after completing all the proceedings under chapter xv of the criminal procedure code, vide his order dated 14-7-93, holding that there are grounds for holding that the accused-petitioner is liable to be tried for offence under section 38 of the act, ordered for issuance of process against him.7. ..... deemed to have taken place on 28-7-92/1-8-92 when the criminal complaints were entertained by the learned magistrate and not on 14-7-1993 and as such, all these complaints having been filed, in case the provisions of section 142(b) of the act are excluded from consideration, cannot be held to be barred by limitation as provided under the provisions of chapter xxxvi of the criminal procedure code.22 ..... , applicability of section 142(c) of the act and, therefore, there was no occasion for the trial court to have applied mind as to whether, in the cases in hand, the general provisions as provided under chapter xxxvi of the criminal procedure code were applicable or that the provisions of section 142(b) of the negotiable instruments act were only applicable. .....

Maharaja Shree Umaid Mills Ltd. Vs. Union of India (Uoi)

Court : Rajasthan

Reported in : 1981(8)ELT772(Raj)

..... section 13(1), provision has been made that any reference in such law to an officer, authority, tribunal or court shall be construed as a reference to the corresponding officer, authority, tribunal or court appointed or constituted under the said act and if any question arises who such corresponding officer, authority, tribunal or court is, the decision of the central government shall thereon be final, but no such provision has been made in sub-section (2) regarding the ..... , pali, incorporated under the marwar companies act, 1923 has its registered office at pali, and is running a cloth and yarn mill at ..... of india and the raj pramukh of rajasthan on february 25, 1950, whereby the parties agreed to accept the recommendations of the indian states finance committee 1948-49 contained in part i of its report read with chapters i, ii, and iii of part ii of its report, in so far as they applied to the state of rajasthan together with the recommendations ..... agreement with the then rajpramukh of rajasthan on february 25, 1950, whereby the patties agreed to accept the recommendations of the indian states finance enquiry committee 1948-49, contained in part i of its report read with chapters i, ii, iii of part ii of its report, in so far as they applied to the state of rajasthan together with the recommendations contained ..... . it will be noticed that in chapter iii, the term 'assessment' was used only in the former rule 10-b, corresponding to the present rule 9-b while dealing with .....

Sukhdev Singh Vs. Baxis Singh and anr.

Court : Rajasthan

Reported in : RLW2006(2)Raj1036

..... letters bears the proper stamps, the contract or agreement shall be deemed to be duly stamped;d) nothing herein contained shall prevent the admission of any instrument in evidence in any proceeding in a criminal court, other than a proceeding under chapter xii or chapter xxxvi of the code of criminal procedure, 1898 (5 of 1898);e) nothing herein contained shall prevent the admission of any instrument in any court when such instrument has been executed by or on behalf of the government or where it bears ..... trial court had rightly rejected the request of the plaintiff to take this document in evidence as the document was a family settlement and it creates rights in immovable property, then under section 17 of the indian registration act and in view of the law laid down in kale's case, the trial court committed no illegality in rejecting the prayer to take the document in evidence.1989 (1) rlr 384 nihal singh v. ..... comprised therein, or(b) confer any power to adopt, or(c) be received as evidence of any transaction affecting such property or conferring such power,unless it has been registered:provided that an unregistered document affecting immovable property and required by this act or the transfer of property act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under chapter ii of the specific relief act, 1877 (3 of 1877) or as evidence of any collateral transaction not required to be effected by registered instrument.19. .....

Raman Lal Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 2001CriLJ800; 2001(2)WLC632; 2000(3)WLN39

..... said ads had no reasonable connection or nexus to the duty or authority imposed upon the officer under the bombay police act or any other enactment conferring power of the police under the colour of which this act was done and that such acts fall completely outside the duties and scope of the policeofficers and they were not entitled to the protection conferred by ..... chapter xxvi of the code, which contains a fascicuilus of 'provisions as to offence affecting the administration of justice' as the title of the ..... said provisions provide for the limitation of three months from the dale of misconduct/offence, and for other remaining police officials, of section 161 of bombay police act, 1951, (applicable in gujarat also), which provides for the limitation of six months and for taking cognizance and for prosecution, two years from the date of ..... the said police officers to record the report and so also to file the challan in court and, thus, the acts complained of were done under the colour of office of the said officers and, thus, fell within the ambit of section 140(1) of the act and, therefore, the case had to be filed within limitation provided therein and the suit was found to be ..... his office save by or with sanction of the government, is accused of an offence alleged to have been committed by him while acting or purported to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction of the competent .....

Bashir Khan Vs. Ranger, Social Vaniki and ors.

Court : Rajasthan

Reported in : 1996ACJ115; [1995(70)FLR800]; (1995)ILLJ845Raj; 1994(2)WLC573; 1994(2)WLN164

..... . state of west bengal air 1971 cal 137 pertained to the question if an arbitrator appointed under the provisions of defence of india act (1939) was a tribunal and it was held that arbitrator was a court of civil jurisdiction for purposes of sections 141 and 115 of ..... . the learned single judge examined the matter in the light of the provisions of sections 20, 22, 23 and 30 of the workmen's compensation act but was not alive to the distinction pointed out by the apex court between a court and a tribunal appointed to exercise jurisdiction in special ..... is expedient to provide for the payment by certain classes of employers to their workmen of their compensation for injury by accident; it is hereby enacted as follows:a bare reading of preamble goes to show that the act provides for special matters, namely, for payment by certain classes of employers to their workmen of compensation for injury by accident. ..... hereby empowered to impose) and of enforcing the attendance of witnesses and compelling the production of documents and material objects and the commissioner shall be deemed to be civil court for all the purposes of section 195, and of chapter xxxv of the code of criminal procedure, 1898 (5 of 1898). ..... ..... . companies', case ( ..... subordinate to the high court'.in our opinion, with respect to the learned single judge, the argument does not take into consideration the distinction between a tribunal and a civil court, recognised by the apex court in a.c. companies v. p.n ..... companies .....

Bajrang Lal Laxmi NaraIn Dadli Deedwana Regd. Partnership Firm Vs. Jee ...

Court : Rajasthan

Reported in : 2000(2)WLN319

..... interest of justice to take appropriate action under section 340 of the criminal procedure code, 1973, by making an order for filing a complaint against the persons who have, by their acts, omissions and commissions, left no stone unturned to mislead this court and pervert the course of justice by making false statements and forging the judicial record during the pendency of the instant second ..... , ipc, or for any other offence in accordance with law.for the reasons discussed hereinabove the application moved under section 5 of the indian limitation act is allowed and delay of 701 days in filing the present second appeal computing limitation from the date of preparation of decree dated 11.7.1997 is condoned under section 5 of the ..... accused and to provide him a fair trial, parliament has enacted detailed procedure under chapter-xviii (trial before court of session); chapter-xix (trial of warrant cases by magistrate); chapter-xx (trial of summons cases by magistrate); and chapter-xxi (summary trials), depending upon the gravity of an offence and ..... the present justice system can afford a judicial officer and a junior clerk attached to his office to pollute the fountain of justice by their acts, omissions and commissions of this magnitude leading to an offence against public justice and for offences relating to documents given in evidence during ..... fair trial to an accused has enacted chapter xxiii (evidence in inquiries and trials) and chapter-xxiv (general provisions to .....

Subhkaran Singh Vs. Kishan Singh and ors.

Court : Rajasthan

Reported in : 2009CriLJ2298; RLW2009(3)Raj2117

..... the fact that the procedure for filing a complaint by court has been provided in chapter xxvi dealing with offences affecting administration of justice, is a clear pointer of the legislative intent that the offence committed should be of such type which directly affects the administration of justice, viz ..... which occur in chapter xxvi give the procedure for filing of the complaint and other matters connected ..... as pointed out in sachida nand singh, after preparing a forged document or committing an act of forgery, a person may manage to get a proceeding instituted in any civil, criminal or revenue court, either by himself or through somone set up by him and simply file the document in the said proceeding ..... an enlarged interpretation to section 195(1)(b)(ii), whereby the bar created by the said provision would also operate where after commission of an act of forgery the document is subsequently produced in court, is capable of great misuse. ..... be used to give a different effect to clear words of the section where there cannot be any doubt as to their ordinary meaning, but they are not to be treated as if they were marginal notes or were introduced into the act merely for the purpose of classifying the enactments. ..... they constitute an important part of the act itself, and may be read not only as explaining the sections which immediately follow them, as a preamble to a statute may be looked to explain its enactments, but as affording a better key to the constructions of the sections which .....