Court : Chennai
Reported in : (2009)5MLJ468
..... by the state of uttaranchal on 23rd september,2006, to which the governor of uttaranchal, under sub-section (2) of section 4 of the icfai university act, 2003 (act 13 of 2003) has accorded sanction. the university has been sponsored by the tenth respondent. the university was established with an emphasis of providing high quality and industry relevant ..... /or a post-graduate degree/diploma offered by a private university shall conform to the relevant regulations/norms of the ugc or the concerned statutory body as amended from time to time.3.7. a private university shall provide all the relevant information relating to the first degree and post-graduate degree/diploma programme(s ..... 3(c); 3(k); 3(1); 3(6); 12(3)(b); 27, 28-30(a); 30(b); 30(e) and 31 of icfai university act, 2003 (act no. 16/2003 dehradun).31. that apart, the said respondents have issued misleading advertisements and notifications inviting applications for admission without furnishing the material particulars such as the name of .....
Tag this Judgment!Court : Chennai
Reported in : [2006]134CompCas267(Mad); 2006(3)CTC529; (2006)2MLJ822; [2006]72SCL18(Mad)
..... his business) any of his secured assets referred to in the notice, without prior written consent of the secured creditor.9. it may be mentioned here that after securitisation act, amendment has been made to section 15 of the sica as under: 'section 15: reference to board:- (1) where an industrial company has become a sick industrial company, ..... . attempts at re-habilitate proved unsuccessful. bifr ultimately recommended that siv industries limited should be wound up under section 20(1) of sica vide order dated 25.09.2003. before bifr, icici requested permission to take possession of the assets under section 20(4) of the sica. accordingly, bifr appointed icici as selling agent to dispose ..... committee with the appellant herein. he submitted that the appellant has failed to sell the assets despite an order by the bifr on 24.09.2003, and it has now approached the company court only to claim commission from the sale proceeds. according to mr. datar there is no conflict between the securitisation .....
Tag this Judgment!Court : Chennai
Reported in : (2009)8MLJ293
..... and enjoyment of the property for several decades and the respondents are endeavouring to grab the petitioners' properties by wrongly introducing their properties by means of an amendment and these factual aspects of the matter have not been appreciated by the executing court in a proper perspective which has culminated in an erroneous order being ..... of 2000 and later continued by his legal representatives (by virtue of their impleading as per order dated 06.7.2004 in e.a. no. 788 of 2003) praying for removal of obstruction under order 21 rule 97 in regard to the delivery of execution of petition mentioned property etc., is perfectly valid in law and ..... revision petitioners/ respondents 1, 4, 5 and 6/third parties submits that the executing court while passing orders in e.a. no. 766 of 2000 has acted with material irregularity when the petitioners herein have been treated as obstructors under order 21 rule 97 of civil procedure code and in fact, the petitioners herein have been arrayed .....
Tag this Judgment!Court : Chennai
Reported in : [2006]129CompCas789(Mad)
..... to carry on the business of the transferor company upon the scheme becoming effective. it is then pointed out that such a situation may require an amendment of the object clause in the memorandum and articles of association of the transferee company by complying with the provisions under section 17 of the companies ..... wherein the same legal position had been set out.8. further, in the judgment of the andhra pradesh high court in andhra bank housing finance ltd., in re [2003] 47 scl 513, a learned single judge has also held that the application for scheme of amalgamation can even be permitted at the instance of the transferor company, which ..... to order for dissolution of the petitioner-company without winding up.2. necessary legal formalities had been complied with as stipulated under sections 391 to 394 of the companies act, 1956. as regards the holding of the meetings and filing of the applications are stated to have been duly complied with, after framing of the scheme of amalgamation .....
Tag this Judgment!Court : Chennai
Reported in : [2009]316ITR434(Mad); [2009]184TAXMAN457(Mad)
..... turnover' in the formula in section 80hhc one has to give a schematic interpretation. the various amendments made therein show that receipts by way of brokerage, commission, interest, rent, etc., do not form part of business profits as they have no nexus with the ..... house is allowable as a business expenditure has been decided in favour of the assessee by this court in the case of cit v. south india viscose ltd. : [2003] 259 itr 107. the supreme court reversed the same and held in favour of the revenue in the case of britannia industries ltd. v. cit reported in : [ ..... works : [2007] 290 itr 667, wherein the supreme court has held as follows (headnote):the principal reason for enacting a formula in section 80hhc of the income-tax act, 1961, is to disallow a part of the concession thereunder when the entire deduction claimed cannot be regarded as relating to exports. therefore, while interpreting the words 'total .....
Tag this Judgment!Court : Chennai
Reported in : [2007]137CompCas863(Mad); [2007]74SCL1(Mad)
..... v. a.v. vishwanatha sastri : [1954]26itr713(sc) , reported in the same volume at p.787 where section 5(1) of the act was struck down after the income tax (amendment) act xxxiii of 1964 was enacted. these decisions, however, cannot avail the petitioners for the reasons for which these provisions were struck down are lacking in ..... certain deficiencies and irregularities in the functioning of csx, the respondent has granted conditional renewal of recognition for a period of one year commencing from 18.09.2003 and ending on 17.04.2004. the conditions stipulated in the order of renewal of recognition are as follows:a. the exchange shall commence trading only ..... indicating certain deficiencies and irregularities in the functioning of the exchange, granted conditional renewal of recognition for a period of one year commencing on the 18.09.2003 and ending on 17.09.2004 and the said conditions were as under:......25. after discussing the various issues involved in the passing of the impugned order .....
Tag this Judgment!Court : Chennai
Reported in : (2002)2MLJ827
..... the election of the mayor's post, pending disposal of the writ petition. in the circumstances, while declining to stay the operation of section 6 of the amending act (t.n. act no. 29 of 2002) in entirety, we stay the operation of the above provision only regarding treating the post of mayor of chennai municipal corporation as vacant ..... been elected in the direct election held during the month of october, 2001. he is also m.l.a. of the thousand lights assembly constituency. by the impugned amending act 'one man one post' rule has been imposed and time of 15 days from the date of notification was stipulated to opt either the post of m.l.a. ..... stalin is entitled to continue and discharge his functions, as such. the temporary incapacity suffered by the existing mayor cannot empower the 2nd respondent to describe himself either as 'acting mayor or mayor-in-charge'. he shall continue as deputy mayor and shall be entitled to convene and attend all the meetings and sign the papers, as deputy mayor .....
Tag this Judgment!Court : Chennai
Reported in : LC2007(1)107
..... if the contention of the learned additional advocate general is to be accepted, then the actual date of registration would get merged or extended by every act of a party such as assignment, amendment or variation. therefore, the question of merger does not arise.(o) the provisions of section 25(3) also do not go to the rescue ..... of simply dismissing or allowing the appeal, the appellate board went one step ahead and granted a relief to the tindivanam party by directing the registrar to permit amendment of their application for registration by confining the registration to b. mohammed yousuf alone. let us test the validity of the said order while dealing with the ..... of the appellate board or its benches. the appellate board, in exercise of the powers conferred by section 92 of the act, has also issued the rules known as 'intellectual property appellate board (procedure) rules, 2003, rule 16 of which, reads as follows:16. date of hearing to be notified.-the appellate board shall notify the .....
Tag this Judgment!Court : Chennai
Reported in : (2007)207CTR(Mad)497
..... to believe that income which is chargeable to tax for the assessment year 1999-2000, has escaped assessment within the meaning of section 147 of the act. the assessee, by letter dated 19.12.2003, objected to the reopening of the assessment and requested the assessing officer to furnish reasons for reopening. the assessing officer sent a letter dated 24 ..... in vipan khanna v. cit held where no notice under section 143(2) of the act had been served on the assessee within the stipulated period and the return as such had become final, in view of the amendment made in section 147 of the act with effect from april 1, 1989, the assessing officer could not only assess or ..... reassess the escaped income in respect of which proceedings under section 147 of the act have been initiated, but also any other income chargeable to tax .....
Tag this Judgment!Court : Chennai
Reported in : [2007]288ITR225(Mad)
..... deep consideration to all the aspects, the supreme court rejected the contentions stating that, 'they are unacceptable and if given credence, they would frustrate the very object of the amended act' . the supreme court held that the liberty of the individual must be controlled in the interest of society and it cannot stand alone, but must be compared with ..... proposition of law as laid down in j.c. smith & brian hogan's criminal law, 6th edition, pg. 31 was referred to by the supreme court in : [2003]2scr436 [r. balakrishna pillai v. state of kerala] :it is a general principle of criminal law that a person may not be convicted of a crime unless the prosecution have ..... 2004]265itr562(sc) [k.c. builders v. c.i.t.] [smt. prem lata v. i.t.o.] [murari lal v. i.t.o.] [tmt. thangalakshmi v. i.t.o.] : [2003]2scr436 [r. balakrishna pillai v. state of kerala] [ravula hariprasada rao v. the state] : 1966crilj71 [nathulal v. state of m.p.] : [1965]1scr123 [state of maharashtra v. mayer hans george .....
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