Court : Delhi
Reported in : 1998IVAD(Delhi)708; 1998(46)DRJ310
..... council on appeal from singapore in cosmic insurance corporation ltd. v. khoo chiang poh.' the learned author had in mind section 36c of the companies act, 1985 (england) which was introduced by the amendment act, 1989.41. in pennington's company law (5th edition), the learned author has expressed the view that such a pre-incorporation contract would amount to an offer and that could ..... rights, title and interest in the said leasehold rights. on a proposal by the chairman and seconded by mr.sushil kumar gupta it was resolved that the board hereby ratifies all acts and deeds of mr.c.l.jhunjhunuwala, one of the promoters of the company, in the acquisition of the leasehold rights in the land measuring 20,000 sq.metres situated at .....
Tag this Judgment!Court : Delhi
Reported in : 2008(104)DRJ169
..... considered and is selected. their position will be adjusted in the seniority list.4. the aforesaid judgment was delivered by taking into consideration section 105 of crpf (second amendment) rule 1985 sub para 3-(a) (b) which provides that for the post of asstt. commandant five years gazetted service in force from amongst commanding ..... clause (6) runs as under:(3-a) the posts of assistant commandants shall be filed(i) ...(ii) ...(iii) by promotion:(a) ...(b) from amongst company commanders or quarter masters or assistant principals central training college of the central reserve police force who have completed 5 years gazette service in the force. ...it was contended ..... writ petition, they cannot challenge the judgment of this court. it is also submitted that prior to enforcement of itbpf act, 1992 and rules made thereunder, itbpf was regulated under the provisions of crpf act, 1949 and crpf rules 1955 made thereunder. in view of transitory provisions laid down in rule 187 of itbp rules .....
Tag this Judgment!Court : Delhi
Reported in : [2007]138CompCas89(Delhi); [2007]76SCL358(Delhi)
..... do not in any manner substantially modify the scheme of reconstruction, arrangement and demerger as originally framed. by the first amendment, details of demerger undertaking have been clearly specified in an annexure. by the said second amendment/ modification, the investment division of the transferor company has been specified and demarcated by giving details of the residual part that will remain business, properties, assets and ..... courts. in the case of hotline hot celdings (p.) ltd., in re [2005] 127 comp. cas. 165 : 57 scl 367 (delhi) - it was held that the procedure prescribed under the act for enhancement of share capital need not be followed as sections 391-394 are complete code in themselves and a court can sanction reduction or increase in authorised share capital .....
Tag this Judgment!Court : Kerala
Reported in : AIR1991Ker162; [1992]75CompCas377(Ker)
..... consent of the shareholders of the company took over the management of the company and declared the company as a relief undertaking under the provisions of the kerala relief undertakings (special provisions) act, 1961 (6 of 1962), with effect from the 2nd march, 1976, and entrusted the management of the company to the kerala state industrial enterprises ..... as so understood had been provided, and the owner fully indemnified for what he loses, was justiciable.15. parliament then intervened with the 4th amendment by amending article 31(2), adding a rider that laws for acquisition or requisitioning of property of the nature contemplated by the article shall not be called ..... illusory or that the principles laid down for fixing the compensation were irrelevant or irrational. if this were not the intent of the series of constitutional amendments, and if this were not achieved thereby, one wonders why parliament should have undertaken all the exercise and effaced article 31(2) altogether from the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker267
..... possi- ble their interests.72. the particular provision under attack namely, section 49-a was incorporated in the main act by the banking companies (amendment) act 1959 -- act xxxiii/1959.section 35 of the amendment act introduced three new sections, one of which is section 49-a, which is being challenged. i have already extacted ..... issuing and paying cheques and collecting cheques also, cross and. uncrossed, for its customers.11. the petitioner then refers to the amendments brought about by the hanking companies (amendment) act, 1959 -- act 33/59 and in particular, to the new provisions added namely, sub-section (4) of section 46 and section 49-a. ..... second schedule, was bound to maintain with the reserve bank of india a balance, the amount of which shall not, at the close of business, on any day be less than 5 per cent of the demand liabilities and 2 per cent or the time-liabilities of such bank.65. the next stage is reached when in 1936, the indian companies (amendment) act, 1936 -- act .....
Tag this Judgment!Court : Kerala
Reported in : (2000)ILLJ771Ker
..... case in asokan's case, the above dictum laid down by the supreme court is conclusive with regard to the scope of the amendment act 30 of 1995. counsel for the insurance companies however maintained the stand that the decision of the supreme court above mentioned is not the law declared under article 141 of the ..... and in that accident first respondent sustained injuries including fracture of nasal bone and axilla right with palatal split. employer and employee relationship was admitted by the second respondent. first respondent was earning a monthly income of rs. 1800/-. he claimed a total compensation of rs.50000/-. first respondent got himself examined as aw ..... the claimant. he sustained injury in an accident which occurred on august 11, 1987 while he was working as driver in the bus klm 6756 under the second respondent. he sustained fracture of right leg and fracture of knee cap. doctor assessed the disability at 40%. before the commissioner, the first respondent examined himself .....
Tag this Judgment!Court : Kerala
Reported in : [2003]115CompCas522(Ker)
..... from invoking the bank guarantee in question or the second respondent-bank liable to be restrained from making payment under the amendment made to sub-section (1) of section 22 of the act, that the said amendment, bars only a suit for the recovery of money or for the enforcement of any security against the industrial company, that in the instant case there is no ..... of section 22(1) of the act.6. however, the legislature found the provisions of the act to be inadequate and therefore amended the same by the amendment act, 1993 extending the bar to the following categories of cases with effect from february 1, 1994, (vide amendment inserted by act 12 of 1994) :1. suit for recovery of money against the industrial company. 2. suit for the enforcement .....
Tag this Judgment!Court : Kerala
Reported in : [2000]119STC236(Ker)
..... as on the 1st day of april, 1993 shall be completed within a period of four years from the date of publication of the kerala finance act, 1993.'subsequently, the second proviso was amended directing that all assessments relating to the years up to and including the year 1994 shall be completed on or before september 30, 1998. this ..... 75 to 1976-77 that the original petition is filed.3. subsequently the original petition was amended. by the amended petition, a prayer was included for a declaration that the impact of section 17(6) of the act read along with its second proviso was only to keep alive the assessments pending completion for a period of four years prior ..... amendment was made in the finance act of 1998, which came into force on july 29, 1998. counsel for the petitioner submitted that so far as the proceedings in question in the present case are concerned, they cannot be saved by the second proviso. learned counsel submitted that the proviso does .....
Tag this Judgment!Court : Gujarat
Reported in : [1965]55ITR171(Guj)
..... this sub-section was introduced in the act by the income-tax (amendment) act, 1939, and it was introduced as a result of the decision in the case of inland commissioners v. george burrell. the question debated in that case was whether a portion of the assets of the company in liquidation, which represented undistributed profits, ..... tax the distributions from out of accumulated profits which, in the hands of the liquidator, were property, that the legislature inserted in the act the definition of 'dividend' by the amendment act of 1939. 16. let us, therefore, see how the legislature proceeded to achieve this result. the sub-section laid down an inclusive ..... the date of liquidation is dividend, the legislature was imparting to that expression a connotation which the ordinary law would not attach to the word 'dividend.' secondly, the definition permits the income-tax department to notionally disintegrate a portion of the fund in the hands of the liquidator, namely, accumulated profits, only .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1968Guj184; (1968)GLR64
..... six months more. the supreme court had to deal with a case of detention order which was passed before the act was amended. it was urged that the detention order came to an end when the original act would expire and that the amending act cannot prolong the validity of the detention order. it was in the context of these fact, that the supreme ..... trust.' the words under-lined (in marks here-ed) in cluase (g) above were added to the original clause (g) by the amending act no. 61 of 1953.(5) sub-section (2) of section 13 of the rent act reads as follows:-'(2) no decree for eviction shall be passed on the ground specified in clause (g) of sub section (1) if ..... is without any substance and we do not accept it. (10) the second argument was that there was casual omission on the part of the legislature to amend section 13 (2) of the rent act at the same time when it amended clause (g) of section 13 (1) of the said act. this contention is based on the argument that the legislature has manifested an .....
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