Court : Mumbai
Decided on : May-02-1991
Reported in : [1995]84CompCas534(Bom)
..... of the petitioners has no merit. 42. readiness an willingness of the petitioners to purchase : it was next contended by the petitioners that the respondents have acted illegally in selling these shares to a third party when the petitioners were ready and willing to exercise their right of pre-emption under article 57a. undoubtedly ..... the board, however, decided to keep this offer for consideration at the next annual general meeting of the company. although the petitioner had initially declined to act as joint managing director, she ultimately accepted the arrangement and she was appointed as joint managing director. although she assumed duties as joint managing director, she ..... and otherwise in journalism; (4) for publication of books and literature for the masses at low and reasonable prices; and (5) for such other objects and acts that may be necessary to bring about improvement of information amongst the masses ...' the will directed that the above trust shall be known as the 'sakal papers .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-20-1991
Reported in : [1992]194ITR548(Bom)
..... the decision in cwt v. narielwalla (n. a.) : [1980]126itr344(bom) and held (headnote) : '... that the earlier notices issued under section 148 of the income-tax act, 1961, that is, the three notices issued on march 31, 1965, march 31, 1965, and december 10, 1965, respectively, were invalid, because by that time the determination under ..... commissioner confirmed the assessment order. on appeal to the tribunal, a new ground was taken for the first time that section 19a was introduced in the wealth-tax act with effect from april 1, 1965, and the assessment was, therefore, without jurisdiction. the tribunal entertained the ground and our court upheld the order of the ..... . the assessee is a company. the proceedings relate to its assessment year 1958-59. the assessment was originally completed under section 23(3) of the indian income-tax act, 1922, on august 27, 1959, computing nil income after setting off loss brought forward for 1953-54. declared income was rs. 688. the assessment was, thereafter, .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-08-1991
Reported in : 1991(4)BomCR261
..... by this notice of motion, the plaintiff is seeking an order of punishment against defendant no. 2 and respondent no. 1-a under the contempt of courts act, 1971 on the ground that the said individuals have wilfully, deliberately and contemptuously interfered with and/or obstructed the possession of the court receiver in respect of the ..... court by interfering and intermeddling with the property which was custodia legis by obtaining third party rights under the said agreement dated 21st april, 1989, by indulging in acts calculated to change the status quo prevailing on the day when the court receiver took charge of the premises, with knowledge that the court receiver, high court, ..... mr. rakesh puri removed his files, papers, typewriters, furniture etc., alleged to be worth rs. 60,000/-. still the defendant no. 2 justifies the wrongful act by contending that the defendant no. 2 had not parted with possession of the said premises and had merely permitted the respondent no. 1-a to take interviews .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-18-1991
Reported in : [1992]194ITR650(KAR); [1992]194ITR650(Karn)
..... . a division bench of this court, after referring to various rulings of the supreme court, held as under : '10. in the present case, the act classified all video parlours into one category and treats them alike apart from the ordinary cinematograph shows exhibited by theatres-permanent, semi-permanent or touring. learned counsel ..... government in the determination of the validity of classification. of course, in the last analysis, courts possess the power to pronounce on the constitutionality of the acts of the other branches whether a classification is based upon substantial differences or is arbitrary, financial and consequently illegal. at the same time, the question of ..... 17 talks of co-operative societies; entry 18 deals with banking companies and the comes companies. we may usefully extract the same : '19. companies registered under thecompanies act, 1956, and engagedin any profession, trade or calling. rs. 250 per annum'8. though, originally, the rate of tax was rs. 250 per annum, it .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-05-1991
Reported in : ILR1991KAR3648; 1992(1)KarLJ195
..... of the c.p.c. and extends to a scrutiny of the 'legality, regularity or propriety' of any order passed or proceeding taken under the act. where therefore the courts or authorities functioning under the statute either confer upon themselves a jurisdiction which they do not possess or refuse to exercise jurisdiction which ..... by the respondents. land capable of being used for agricultural purposes also comes within the definition of 'land' in section 2(18) of the land reforms act. therefore, the only irresistable conclusion that could reasonably be reached is that the property leased to k. ganapathy kamath constituted composite lease of a spacious tiled ..... 'the trial court') against the respondents seeking their eviction under clause (h) of the proviso to sub-section (1) of section 21 of the karnataka rent control act, 1961 (for short 'the act1) from eviction petition, schedule house-cum-landed property situate near the munsiff's court, karkala and described in the eviction petition schedule .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-26-1991
Reported in : 1991(2)ALT223
..... buses as per the original permits granted by the authorities on vijayawada town service routes. they also seek a declaration that section 99 of the motor vehicles act, 1988 (act no. 59 of 1988) is a fraud on the constitution of india and seek a further declaration that the impugned notification, published in deccan chronicle ..... is carried on by :-- (i) the central government or a state government ; (ii) the road transport corporation established under section 3 of the road transport corporations act, 1950 (64 of 1950) ; (iii) any municipality or any corporation or company owned or controlled by the central government or one or more state governments, or ..... purpose of creating a state monopoly or for the creation of nationalised routes under a particular scheme promulgated in accordance with the provisions of the motor vehicles act which cannot be challenged as an infringement of the fundamental rights of the petitioners. 19. the only other question which needs to be mentioned here is .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-24-1991
Reported in : AIR1992All3; (1991)2UPLBEC1353
..... direction, the state government does not seem to have laid down any instruction in consonance with the directive of the supreme court. therefore, the state government is directed to act on the direction of the supreme court in dr. ambesh kumar's case, air 1987 sc 400 (supra) in respect of filling up of the vacant seats by ..... has formulated the following points for consideration of the court :--1) that there is no rule framed u/ s. 28(5) of the u.p. state universities act which would create bar for general class category and make relaxation in respect of schedule caste and schedule tribe candidates in respect of admission procedure to the post-graduate and ..... -90 for the purposes of admission in post-graduate degree and diploma courses. this regulation is said to have been issued u/s. 28(5) of the universities act. this notification also does not contain any clause to the effect that general category candidates are required to secure 50% marks for admission to the post-graduate and diploma .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-15-1991
Reported in : AIR1991All268
..... its discretion against giving a relief of specific performance. nor can the scope of the discretion, after excluding the cases mentioned in s. 22 of the specific relief act, be confined to waiver, abondonment or estoppel. if one of these three circumstances is established, no question of discretion arises, for there will be no subsisting right ..... a guide to courts to exercise discretion one way or other or only illustrative, they are not intended to be exhaustive. as art. 113 of the limitation act prescribes a period of three years from the date fixed thereunder for specific performance of a contract, it follows that mere delay without more extending up to the ..... the sale deed in favour of nitya najid as agreed.38. in this connection our attention has also been drawn to s. 20(2)(c) of the specific relief act, 1963. the section, leaving irrelevant part, reads as under:sec. 20(2) the following are cases in which court may properly exercise discretion not to decree specific performance .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-11-1991
Reported in : AIR1991MP247; 1991(0)MPLJ562
..... duty payable in respect of any instrument is required to read and examine the document carefully to identify it properly in terms of the statutory 'description' contemplated under the act. it is true, section 2(24) includes a case of 'disposition' made for, among others, 'any religious or charitable purpose' and it is also true that ..... board by petitioner's counsel as noted by the board, that the document in question was not 'settlement' within the meaning of section 2(24) of the act and the collector of stamps had, therefor, wrongly applied article 58. the contention further pressed was that a religious and charitable trust was excluded from the purview ..... that question. they observed further that the authority is in a similar position in that respect as is income-tax tribunal under analogous provisions in the income-tax act. allahabad high court's special bench in board of revenue v. saraya sugar factory : air1971all70 expressed the view that the entire case referred, being the subject- .....
Tag this Judgment!Court : Delhi
Decided on : Jul-10-1991
Reported in : AIR1992Delhi53
..... was a definite scheme which contained a promise to allot residential plots to eligible applicants who were willing to fulfilll the conditions under the scheme. the petitioners acted upon the promise and deposited the earnest money in foreign exchange. they initialed the pro forma of the lease deed to be executed between the parties and ..... the scheme and who paid the requisite earnest money and were willing to comply with rest of the conditions under the scheme. the petitioners claim to have acted on the promise and altered their position by depositing the earnest money in foreign exchange with the govt. along with their application forms. further they claim to ..... own residential plots/ houses/ flats either in their own name or in the name of their family members, (as defined in the urban land (ceiling and regulation) act 1966) were eligible to apply for allotment of plots under the scheme. however, persons working for the indian foreign services were not eligible to take benefit under this .....
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