Judgment Search Results Home > Cases Phrase: companies second amendment act 2002 section 133 amendment of other enactment Court: kerala Page 16 of about 165 results (0.148 seconds)

Sachidanandhan Vs. Vijesh and Another

Court : Kerala

Reported in :

Cases Relied:
Dilip Bastimal Jain V Baban Bhanudas Kamble and others [AIR 2002 Bom 279].
Vimala Ammal V C. Susheela [AIR 1991 Mad 209].
Dwarka Prasad Singh v. Harikant Prasad Singh [(1973) 1 SCC 179 :. AIR 1973 SC 655].
P.P.S Pillai V Catholic Syrian Bnak [2000(3) KLT 629].
Peter Cherian v. Abraham [2007 (4) KLT 680].
Satheedevi v. Prasanna [2010(2) KLT 642 (SC)].
Ali Rowther v. Kochupennu [1986 KLT 718].
Kali Charanv. Janak Deo [A.I.R. 1932 Allahabad 694].
Babu Lal v. Hazari Lal Kishori Lal [A.I.R.1982 S.C.818].
Potter v. Sanders (6 Ha. 1).
Daniels v. Davison (17 Ves 433).
Holmes v. Powell (8 De G.M. and G. 572).
Thomson Press (India) Ltd. v. Nanak Builders and Investors (P) Ltd., (2013) 5 SCC 397.
(Kafiladdin case, AIR p. 68).
R.C. Chandiok v. Chuni Lal Sabharwal:AIR 1971 SC 1238:(1970) 3 SCC 140.
SCR p. 369 in Durga Prasad v. Deep Chand viz.
S.V.R. Mudaliar v. Rajabu F. Buhari, AIR 1995 SC 1607.

Cases Referred:
Bankim Chandra v. Anand Bazar Patrika [AIR (37) 1950 Calcutta 128].
Thanga Pandiyan v. S.R.Periaswami Thevar [1953 KHC 196: 1953 KLT 475, 2015 KHC 90.
Mohandas K. K. and others V Thankamma Pillai [2015 KHC 90].
Durga Prasad and Anr. v. Deep Chand and Ors. [AIR 1954 SC 75].
Appukuttan v. Kamalakshi [1996(2) KLT 977].
Dilip Bastimal Jain V Baban Bhanudas Kamble and others [AIR 2002 Bom. 279],
W.P. 6225 of 2007 of Bombay High Court, Chendivel R vs G Damodaran and others [AIR 2015 Mad 96], 2010(2) KLT 642 (SC).
Krishna Chandra Kabiraj and others V Sankaran Kabiraj and others [AIR 1950 Calcutta 128].
Chendivel R vs G Damodaran and others [2015 KHC 2237: AIR 2015 Mad 96].
Vigro Industries Pvt Ltd V Venturetech Solutions P Ltd : 2012(5) CTC 359.
State Bank of India V Cracure Pharmaceuticals Ltd : 2013 STPL (Web) 939

Comparative Citation:
2016 (1) KLT 75 (SN) (C.No.79),

..... plaintiff. he prayed for dismissal of the suit. in the additional written statement filed subsequent to the amendment of the plaint, he stated that the plaint schedule property was in the possession of his wife -the 2nd respondent, and she was the owner of the property. it was further stated that they wanted to construct ..... prayer for cancelling the settlement deed will affect the benefit under section 19(b) of specific relief act. 18. the learned counsel for the appellant contended that, the nature of the suit changed when the suit was amended seeking cancellation of settlement deed and therefore a decree for specific performance was not liable to be ..... contract is warranted by the terms of the incorporation, the company: provided that the company has accepted the contract and communicated such acceptance to the other party to the contract." thus it can be seen that under section 19(b) of the specific relief act, 1963 specific performance of a contract is enforceable against the subsequent .....

M/S.Hindustan Dorr Oliver Ltd Vs. State of Kerala

Court : Kerala

..... applications preferred by the petitioner for the benefit of section 23a were pending consideration, the section itself was amended and the amended provisions made it clear that the benefit of the provisions would not be available to those companies that were not classified as small scale industrial units. it is not in dispute that the petitioner ..... those who were classified as small o.p.no.19487/2000 2 scale industries. in view of the subsequent amendments therefore the petitioner became disentitled to the benefit of interest waiver under section 23a of the kgst act. consequently, exts.p3 to p10 demand notices were issued by the respondents for the period from 1984-85 ..... of the 2nd respondent must necessarily fail, and it is hence dismissed.5. learned counsel for the petitioners would submit that, pursuant to ext.p1 application preferred by the petitioner seeking the benefit of section 23a of the kgst act, and on the assumption that it would apply in the case of the petitioner company as well .....

Madhava Naik and ors. Vs. Popular Bank Ltd., Alleppey

Court : Kerala

Reported in : AIR1961Ker14; [1960]30CompCas501(Ker); 1961CriLJ75

..... .p. no. 113/1958 in b. c. p. no. 8/1956 under sections 478, 531. 539 and 541 - 545 of the companies act, i of 1956, and under sections 45c, 45h and 45j of the banking companies act, 1949, as amended by act 52 of 1953. the counter-petitioners to this petition are the directors and other office bearers of the bank. the legal representatives ..... and 5. a. s. 1019/1959 is by the 3rd counter-petitioner. a. s. 1041/59 is by the 12th counter-petitioner. a.s. 1080/ 59 is by the 2nd counter-petitioner.2. when the appeals came on for hearing, a preliminary objection as to the maintainability of the appeals was raised on behalf of the official liquidator who is ..... all the reliefs sanctioned by sections 478, 531, 538, 539 and 541 - 545 of the companies act and by sections 45-g, 45-h, and 45 j of the banking companies act, 1949 as amended by act lii of 1953.sections 538, 539, 541 and 545 of the companies act are of particular significance so far as the point raised in the present appeals is concerned. .....

The Commissioner, Quilon Municipality, Quilon Vs. Harrisons and Crosfi ...

Court : Kerala

Reported in : AIR1964Ker25

..... the constitution arid under section 3 (42) of that act the word 'person' includes any company or association or body of individuals whether incorporated or not.10. article 276 is modelled on section 142a of the government of india act, 1935, which was introduced by the indian and burma (miscellaneous amendment) act, 1940. sub-section (2) of that section reads ..... , board or like authority, and the imposition of such a limit might displace their budgets after march 31, 1939. a proviso was, therefore, added to the second sub-section that if in the financial year ending with thirty-first day of march, nineteen hundred and thirty-nine there was in force in the case of any ..... province, etc., a tax on professions, trades, callings or employments the rate or the maximum rate of which exceeded rs. 50/.- per annum, the provisions of the second sub-section shall have effect, (unless for the time being provision to the contrary was made by a law of the federal legislature) as if instead of rs. .....

V.E. Vasudevan and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1985Ker69

..... , 1984 has been produced and marked as ext. p4. the challenge in o.p. no. 8953 of 1984 and 8630 of 1984 is directed against the kerala municipalities (second amendment) ordinance 1984 (hereinafter referred to as ordinance no. 68 of 1984); a true copy of this has been marked as ext. p2 in o,p. no. 8630 of ..... court did not lay down any legal principle on the justiciability of the satisfaction of the president; but has only said :'it is arguable that the 44th constitution amendment act leaves no doubt that judicial review is not totally excluded in regard to the question relating to the president's satisfaction.'16. evidently, the supreme court did not ..... in court of the satisfaction of the president (contained in clause (5) of article 356of the constitution as it then stood by virtue of constitution (thirty-eighth amendment) act, 1975), has only observed that the immunity from attack would not apply where the challenge was not that the satisfaction was improper or unjustified but there was no .....

V.V. Samuel and anr. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1995Ker126

..... the management of the affairs of the society to such committee. there are provises two to sub-section (1) of section 28 of which the second proviso which was substituted by two other provisos by the amending act is specially relevant in this case and it is thus :'provided further that where the bye laws so provide, the government or the registrar may ..... the nature and effect of the bye-laws of the society.'the bye-laws of a co-operative society are in the nature of articles of association of a company incorporated under the companies act, binding between the persons affected by them, though not having the force of a statute (co-operative central bank ltd. v. additional industrial tribunal, air 1970 sc 245 .....

C.S. Chandrasekharan Nair and anr. Vs. K. George and anr.

Court : Kerala

Reported in : AIR1985Ker131

..... benefit conferred on him under the new provisions of section 6c introduced under the land reforms amendment act, act 27 of 1979. that amendment was effective from 7-7-1979. this contention, as such, has not been raised in the second appeal. it is, however, to be noted that the second appeal was filed on 3-1-1979. counsel for the appellant submitted that being a ..... 74, or in any contract, or in any judgment, decree or order of any court or other authority, any person in occupation at the commencement of the kerala land reforms (amendment) act, 1969, of the land of another person on the basis of a lease deed executed after the 1st day of april, 1964, shall be deemed to be a tenant if .....

thekkayil Damodaran and ors. Vs. T. Sankaran and ors.

Court : Kerala

Reported in : AIR1985Ker134

..... the judge who passed such judgment certifies that the case is a fit one for appeal.' ignoring the impact of section 100a of the code (introduced by the amending act of 1976) on section 5(iii) above, and keeping in mind that the contention regarding maintainability is founded on the word 'judgment' in section 5(ii), it ..... high courts do not have any ordinary civil jurisdiction but their original jurisdiction is confined only to a few causes like probate and administration, admiralty and cases under companies act.' the case before the court had arisen from the exercise of ordinary civil (original) jurisdiction by a single judge of the bombay high court, relatable to clause ..... rights of parties................ by the order sought to be appealed against, there has not been any adjudication by the learned single judge upon the merits of the second appeal.' we could have simply followed this lead of the full bench and declined to consider the matter in detail, but for the decision of the supreme .....

P. Krishna Warrier Vs. Commissioner of Income-tax

Court : Kerala

Reported in : [1981]127ITR192(Ker)

..... , as noticed, held that the business of conducting kuris was held by the company under trust for religious or charitable purposes and the prov. (b) to section 4(3)(i) was not attracted. on the second occasion, with respect to the provisions of the 1961 act, the division bench noticed the definition of the term 'charitable purpose' in section ..... was being granted to the other 60% of the income. for the years 1952-53 and 1953-54, after the amendment to the indian i.t. act, 1922, in respect of section 4(3)(i) of the act, the department took the view that the exemption granted should be withdrawn except regarding the 25% granted to the vaidyasala. at ..... held in trust cannot, by reason of the amendment, become a business started for the purpose of advancing an object of general public utility. it was also noticed that in krishna warriar's case : [1964]53itr176(sc) , the supreme court had referred to the kerala high court's decision in dharmodayam company's case : [1962]45itr478(ker) approvingly. .....

Seshasayee Bros. (Travancore) Private Ltd. Vs. Commissioner of Income- ...

Court : Kerala

Reported in : [1971]82ITR442(Ker)

..... giving pensions to directors or their legal representatives. an appeal filed by the assessee before the appellate assistant commissioner having been dismissed by that authority, the company took up the matter in second appeal before the tribunal. the tribunal by its order dated july 20, 1967, rejected the assessee's contentions and held that the amount paid by ..... answering the question whether the sum of rs. 11,400 representing the gratuity sanctioned to shri k. a. varugis was an admissible deduction under section 37 of the act for the purpose of computing yearly profits and gains, for assessment to income-tax, each year is a separate and self-contained period of time and losses and ..... means of a special resolution to incorporated payment of gratuity to directors.'8. subsequently, article 89 of the articles of association of the company was amended on may 11, 1963, by providing that 'the directors will be entitled to and eligible for the provident fund or any other benefit other than bonus .....