Court : Allahabad
Reported in : [2010]97SCL196(All)
..... of the appeal under section 483 provides as follows:appeals from orders.- appeals from any order made or decision given before the commencement of the companies (second amendment) act, 2002, in the matter of the winding up of a company by the court shall lie to the same court to which, in the same manner in which, and subject to the same conditions under which ..... any alteration in the law as regards the appealability of decisions of a high court under section 202 of the companies act by reason of the amendment of the letters patent. again, the letters patent were amended in january, 1928 when appeals against decisions in second appeals were made subject to the grant of leave by judges rendering such decisions. if the decision in a .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1982All402
..... right to levy toll in vehicles and other conveyances has undergone a change as a result of the amendment introduced by the u. p. urban local self-government laws (second amendment) act, 1979 -- amending clause (vii) of section 128 (1) of the act. now, clause (vii) reads as follows :--'(vii) a toll on vehicles and other conveyances, ..... the toll unless there was consideration and in any case the consideration was to be found in the general conveniences, advantages and amenities which the company enjoyed on account of having its factory within the municipal limits.8. this reasoning was followed by a learned single judge in punjab lime and lime ..... court in hindustan vanaspati . v. municipal board, ghaziabad : air1962all25 . the imposition of toll tax by the ghaziabad municipal board was challenged by the petitioner company which had a factory at ghaziabad for manufacturing vanaspati at ghaziabad. the factory premises were connected with the main railway line bv a branch line which terminated .....
Tag this Judgment!Court : Allahabad
Reported in : (2007)ILLJ119All
..... had to make a representation on the proposed penalty was to be found in clause (2) of article 311 prior to its amendment by the constitution (forty-second amendment) act. this right having been taken away by the constitution (forty-second amendment) act, there is no provision of law under which a government servant can claim this right.21. the apex court in the ..... we find that the discipline regulations, 1976 do not contain any such provision and, therefore, the law laid down by the apex court in the case of associated cement companies ltd. and tulsiram patel (supra) will apply with full force.23. the petitioner is not a member of a civil service of the union of india or of ..... the part of the disciplinary authority to mention the proposed punishment in the show cause notice otherwise the said notice would be bad.18. in associated cement companies ltd. v. t.c. shrivastava : (1984)iillj105sc , the apex court has held that 'neither under the ordinary law of the land nor under industrial law a .....
Tag this Judgment!Court : Allahabad
Reported in : 2004CriLJ2956; II(2004)DMC76
..... because increasing attacks on women were becoming the order of the day. with this end in view section 498a ipc was introduced on 21-12-1983 by criminal law (second amendment) act no. 46 of 1983. the provision has provided some succour where the natal family of the woman, or some women's group has come forward to support the ..... his other family members and as a result thereof she has again started living with her husband with whom she earlier had differences or she has willingly parted company and is living happily on her own or has married someone else on earlier marriage having been dissolved by divorce on consent of parties or fails to support ..... the result of a complex set of factors, which law courts rarely investigate, as the courts usually take the position that they are concerned only with the discrete act of violence, but not its background. two situations where outwardly the violence practiced on the woman may qualitatively appear the same may call for varying responses. thus where .....
Tag this Judgment!Court : Allahabad
Reported in : 1977(1)ELT1(All)
..... section 4 of the act, as it stood before it was amended by the central excises and salt (amendment) act, 1973 (hereinafter referred to as the amendment act) does not apply to levy of excise duty subsequent to the amendment act coming into force on 1-10-1973. on the other hand, the contention on behalf of the petitioner company is that the aforesaid amendment of the act has not altered ..... refers to a person who is so associated with the assessee that each has interest, directly or indirectly in the business of the other. the second part of that definition refers to a holding company, a subsidiary company, a relative and a distributor or the assessee and any sub-distributor of such distributor.15. the explanation to clause (c) states that the expression .....
Tag this Judgment!Court : Allahabad
Reported in : [1968]70ITR748(All)
..... consideration under section 34(1) (b) and not under section 34(1) (a), there could be no occasion for considering the application of the indian income-tax (amendment) act, no. 1 of 1959. we find no reference to that question in the tribunals appellate order, and there is nothing to suggest that it was ever raised during the ..... provision of limitation applied to the reassessment, it clearly had in mind the second proviso to section 34(3). we are unable to hold that the question whether there was any period of limitation for the assessment in view of the indian income-tax (amendment) act, no. 1 of 1959 arises in this case. when the tribunal held ..... amendment) act, no. 1 of 1959, it should be held that there is no period of limitation for making the reassessment. mr. gopal behari points out that the language of the second question is sufficiently wide to include within its scope the point raised by him. we find considerable difficulty in accepting the submission. the terms in which the second .....
Tag this Judgment!Court : Allahabad
Reported in : (1977)6CTR(All)0098A
..... . 4 of the act, as it stood before it was amended by the central excises and salt (amendment) act, 1973, (hereinafter referred to as the amendment act) does not apply to levy of excise duty subsequent to the amendment act coming into force on 1-10-1973. on the other hand, the contention on behalf of the petitioner company is that the aforesaid amendment of the act has not altered the ..... refers to a person who is so associated with the assessee that each has interest, directly or indirectly, in the business of the other. the second part of that definition refers to a holding company, a subsidiary company, a relative and a distributor of the assessee and any sub-distributor of such distributor.21. the explanation to clause (c) state that the expression .....
Tag this Judgment!Court : Allahabad
Reported in : 2001CriLJ4385
..... court cannot be ignored. to overcome the difficulty, clause (1-aj had been inserted by the constitution (fifteenth amendment) act, 1963. clause (1-a) was subsequently renumbered as clause (2) by the constitution (forty second amendment) act of 1976. the amendment was made with a view to supersede the view aken by the apex court rin saka venkata subbarao air 1953 ..... the cause of action was considered as immaterial for this purpose. the various other high courts have taken the divergent views of the matter. in ranganathan v. madras electric company, air 1952 mad 659; aswini v. dy. collector, air 1952 assam 91; rashid ahmed k.s. v. income-tax investigation commission, air 1951 punj 74 and ..... commission (1954) scr 738 : air 1954 sc 207; khajoor singh v. union of india, air 1961 sc 532 and collector of customs v. e.i. commercial company, air 1963 sc 1124. as a result of the view taken by the apex court in the aforesaid cases, particularly in the case of saka venkata subbarao (supra), it .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All872
..... at any time after the publication of the notification under section 4, sub-section (1)'. by a later amending act, no xvi of 1933, another new section 28-a was inserted in part vii of the act enlarging the definition of the term 'company' for the purposes of that part. 11. the first argument advanced is that the acquisition of the ..... of the government or of the public, of which it is the custodian.' 19. the second branch of the argument is that the erection of a factory for a company cannot be a public purpose within the meaning of section 4 of the act. we think this contention also to he unfounded. all that section 4 requires as a condition ..... no other factory in northern india in which such parts are made. learned counsel has pointed out that the manufacture of textile machinery parts is not included in the second five year plan. it is however conceded that that plan includes the manufacture of machine made textiles. textile machinery is therefore necessary, and we find no difficulty in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All310
..... of in re : welsbach incandescent gas light co., ltd. (1904) 1 ch. d. 87, was decided the english companies act contained provisions analogous to section 153, companies act (see section 2, joint stock companies act, 1870, as amended by section 24, companies act, 1900). further the case of in re : australian estates and mortgage co. ltd. (1910) 1 ch. d. 414 ..... as each ordinary share of the nominal value of re. 1. the extraordinary resolution passed by the extraordinary general meeting of the shareholders of the company on 2nd august 1933, was passed as a special resolution by the shareholders at a meeting held on 18th august 1933. in order to obliterate the distinction ..... little prospect of any dividend being paid to the deferred shareholders for some years to come, and, as such, the extraordinary resolutions passed by the company on 2nd august and 11th october 1933, are manifestly not to their disadvantage. similarly in the event of large profits being made in the future the ordinary .....
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