Court : Kerala
Reported in : (2008)2CompLJ314(Ker); [2007]75SCL569(Ker)
..... functions of the central government under this act or any other law as may be conferred on it before the commencement of the companies (second amendment) act, 2002 by the central government, by notification in the ..... the notification in the official gazette, constitute a board to be called the board of company law administration.(1 a) the company law board shall exercise and discharge such powers and functions as may be conferred on it before the commencement of the companies (second amendment) act, 2002 by or under this act or any other law, and shall also exercise and discharge such other powers and .....
Tag this Judgment!Court : Kerala
Reported in : [2006]129CompCas698(Ker); 2005(3)KLT957; [2006]68SCL484(Ker)
..... up, life of a company is put to an end. therefore, winding up of a company can be ordered only very cautiously and carefully. a company can be ordered to be wound up if it is unable to ..... demand under his hand requiring the company to pay the sum so due and the company has for three weeks thereafter neglected to pay the sum, or to secure or compound for it to the reasonable satisfaction of the creditor;(rupees five hundred mentioned in the above section was amended as rs. one lakh by the companies (second amendment) act, 2002 (act 11 of 2003).'3. by winding .....
Tag this Judgment!Court : Kerala
Reported in : (1996)IILLJ501Ker
..... 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.'the constitution bench of the ..... suresh koshy george v. university of kerala (supra) such an opportunity is not the requirement of the principles of natural justice and as held in associated cement companies ltd v. t.c. shrivastava (supra) neither the ordinary law of the land nor industrial law requires such an opportunity to be given. the opportunity of ..... natural justice, law may or may not prescribe such a course.'in associated cement companies ltd. v. t.c. shrivastava (supra) this court held that at p. 109 neither under the ordinary law of the land nor under industrial law a second opportunity to show cause against the proposed punishment is necessary. since a right .....
Tag this Judgment!Court : Kerala
Reported in : [2008]142CompCas533(Ker); [2007]79SCL289(Ker)
..... 2002.section 634a has conferred power on the company law board to enforce its orders. section 634a says that any order made by the company law board may be enforced by that board in the same manner as if ..... a company, the registered office of the company is situated, or(b) in the case of an order against any other person, the person concerned voluntarily resides, or carries on business or personally works for gain:provided that the provisions of this section shall not apply on and after the commencement of the companies (second amendment) act, ..... of this case.5. the powers conferred on the high court under section 402 of the companies act have been conferred on the company law board by the companies (amendment) act, 1988. while acting under section 398, read with section 402 of the companies act, 1956, the court/clb has ample jurisdiction and very wide powers to pass such orders .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker1
..... 6) of section 20 of the malabar tenancy act, 1929 (madras act xiv of 1930), and such decree would not have been passed if the principal act as amended by the malabar tenancy (second amendment) act, 1945 (madras act xxiv of 1945) the malabar tenancy (amendment) act, 1951 (madras act xxxiii of 1951), and this act had been in force at that time the ..... no appeal was available from a decision in an application under section 5(2) of themalabar tenancy (amendment) act, 1556. thissecond appeal challenges the correctness of thatdecision.4. the sole question for determination in the second appeal is whether an appeal is available from a decision directing a restoration of possession in an ..... decision of raman nayar j. in 1962 ker lj 517. in this second appeal the appellant canvasses the correctness of that decision.11. though 1962 ker lj 517 concerned an order under section 52 (1) of the malabar tenancy(amendment) act xxxiii of 1951, the subordinate judge applied the dicta therein to the instant .....
Tag this Judgment!Court : Kerala
Reported in : [1980]126ITR356(Ker)
..... that is under challenge, not the alternate remedy that is available, that is relevant when a question of application of art, 226(3) or section 58(2) of the forty-second constitution (amendment) act, 1976, comes up for consideration. in this case, we have already noticed that the purported order of remand dated february 8, 1968, is null and void in the eye ..... the pendency of the proceedings. the e.d. act, 1953 (act 34 of 1953), hereinafter referred to as the principal act, was amended by the e.d. (amend.) act, 1958 (act 33 of 1958) (hereinafter referred to as the 'amendment act'). for the sake of convenience we will call the act as amended by the amendment act as the amended act. section 21 of the amendment act provided for the substitution of sections 56 to 65 of .....
Tag this Judgment!Court : Kerala
Reported in : (1998)149CTR(Ker)538
..... perfectly justified in doing so. learned counsel drew support for the above from schedule xiv of the companies act inserted on 24th may, 1988 with effect from 2nd april, 1987 by the company laws amendments act, 1988. schedule xiv of the companies act for the first time provides for the rate of depreciation. it can be seen from schedule xiv, which has reference to ss. 205 and 350 ..... be interpreted consistent with the other provisions of the income tax act. on the basis of the above, learned counsel further submitted that the amendments made to ss. 205(2) and 350 of the act by the companies amendment act, 1988 and the provisions of sch. xiv inserted by the said amendment act with retrospective effect from 2nd april, 1987 also have no application to the assessment in question .....
Tag this Judgment!Court : Kerala
Reported in : AIR1992Ker360
..... to the decision reported in minerva mills ltd. v. union of india (air 1980 sc 1789) for this proposition, where it isheld that section 4 of the forty-second amendment act is unconstitutional and, therefore, inoperative. hence, only the legislation giving effect to the directive principles set out in clauses (b) and (c) of article 39 of ..... additional advocate general sri v. k. beeran, appearing on behalf of the respondents submitted that the law laid down by the supreme court in sanjeev coke manufacturing company's case (supra) is that the protective umbrella of article 31c is available to each and everyprinciple contained in chapter iv of the constitution of india. any ..... protection of the fundamental rights will be eroded. counsel pointedly drew my attention to the observations contained in paragraphs 39 and 41 in the decision in bennet coleman company's case (supra) and emphasised that it is not the object of the authority making the law impairing the rights of the citizen nor the form of .....
Tag this Judgment!Court : Kerala
Reported in : 2006(3)KLT38
..... co. ltd. : [1956]1scr603 . it was held by the apex court that the provisions of the indian companies act are applicable to winding up of a banking company even after amendment of banking companies act. the provisions of the co-operative societies act are applicable to societies registered under the act, but, when they are doing banking business, such societies are bound to obey the provisions under the ..... by members of kottakkal co-operative urban bank ltd. which has got licence issued by fifth respondent reserve bank under section 56(p) of the b.r. act. according to the petitioners, the second respondent janakeeya co-operative urban bank limited was granted registration illegally as licence was not granted to it by the reserve bank of india. it was also submitted .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker337
..... meeting by an officio authorised by the government is also illegal and without jurisdiction in view of the amendment act. therefore, decision taken in such a meeting is invalid and cannot be taken into account. 4. it is contended by the second respondent that she convened the meeting in view of the government order dated 1-3-2000, ext. ..... as follows : 'a meeting convened under this section shall be presided over by an officer authorised by the government in this behalf.' therefore, section 157(5) was amended by amendment act 13/99 with effect from 24-3-1999 by which such meetings should be presided over by the president if the 'no confidence motion' is against the vice-president ..... after 18-1-2000. since ext. p 1 was accepted after 18-1-2000 and even after publication of the amendment act in march, 2000, it cannot be stated that it is protected as something done correctly under the old act. 3. since here the 'no confidence motion' was given to the deputy director of panchayat was not an .....
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