Court : Supreme Court of India
Reported in : AIR1967SC608; 1967(0)BLJR639; [1967]2SCR77
..... aside. for reasons which are not known to us he did not do so. 28. lastly, it was contended that the amendment of section 47 of the code of civil procedure altered the whole situation inasmuch as by the amending act of 1956 auction purchasers are to be treated as parties to the suit. we are not here concerned with the question as ..... in the auction purchaser as is to be found in section 316 of the act of 1877 after the amendment in 1879, which was repeated as section 316 of the act of 1882, and in the present act of 1908. further, according to the learned judge : 'by section 49, amending act of 1879, it was enacted that the title of the auction purchaser to the ..... title and interest of the defendant in the property sold. section 314 and section 316 of the act of 1877 correspond in part with section 256 and section 259 of the act of 1859. section 316 was amended in 1879. the proviso to this section as amended was to the effect that the purchaser was to have title to the property sold from the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC2600; [1972]42CompCas125(SC); (1971)3SCC632; [1972]2SCR201
..... of the winding up order by the creditors the court will consider their wishes and may decline to make the winding up order. under section 557 of the company act 1956 in all matters relating to the winding up of the company the court may ascertain the wishes of the creditors. the wishes of the shareholders are also considered ..... make a winding up order without requiring the creditor to quantity the debi precisely (see re. tweeds garages ltd. [1962] ch. 406. the principles on which the court acts are first that the defence of the company is in good faith and one of substance, secondly, the defence is likely to succeed in point of law and thirdly the ..... two sugar mills. the commission was not received till the month of may, 1960. the resolution was in the month of december, 1959. under section 207 of the companies act a company was required to pay a dividend which had been declared within three months from the date of the declaration., a company cannot declare a dividend payable beyond three .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1728; [1975]45CompCas43(SC); (1975)0GLR1069; (1974)2SCC323; [1975]1SCR534
..... the rights of shareholders in accordance with the provisions of the company law.14. the companies act of 1913 was meant ''to consolidate and amend the law relating to trading companies and other associations'. it is concerned with the acts and proceedings relating to the formation, running, and extinction of companies, with rights, duties, ..... passage quoted above. in that case, apart from other distinguishing features, the flaw in the purported transfer was that it contravened the defence (finance regulation) act, 1939, which prohibited an acquisition of interest in the shares without a licence from the treasury. hence, the purported transfer was really illegal. no such ..... subservience of substance of a transaction to some rigidly prescribed form required to be meticulously observed savours of archaic and outmoded jurisprudence.17. buckley on the companies acts (xiii-edn. p. 813) was cited before us for the proposition that 'non registration of a transfer of shares made by a donor does .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC1290; (1975)1SCC815; [1975]3SCR726; 1975(7)LC260(SC)
..... 5) and section 16 of the act of 1956.12. the reference in the second sale proclamation to a live lease and sub lease and to the fact that a substantial part of the property was in ..... was executed by one abde ali abdul hussain in favour of ashlifaq and jaffar hussain. it is notorious that properties in possession of tenants who enjoy the protection of rent acts do not fetch the same price as properties of which the purchaser can obtain vacant possesion. in the city of calcutta where the property in question is situated, the ..... tenants enjoyed the privileges of standard rent and immunity from eviction save on stated grounds. it is unnecessary to enter into refinements arising out of the west bengal act but even the sub-tenants would appear to enjoy thereunder a certain amount of immunity from eviction. reference may in this behalf be made to sections 13(2), (4), ( .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1204; (1976)3SCC404; [1976]3SCR980; 1976(8)LC442(SC)
..... revenue and this meaning should apply in the construction of the word 'land' in the san ad since the sanad was apparently granted pursuant to the enquiry made under bombay act 2 of 1863. the description of the subject-matter of the grant as 'lands' in the sanad would not, therefore, necessarily indicate that it was a grant of ..... soil but was merely a grant of land revenue and the respondent was, therefore, entitled to claim compensation on the basis laid down in section 6(2) of the act. the state of maharashtra being aggrieved by the decree passed by the learned civil judge, senior division and affirmed by the high court preferred the present appeal with special ..... leave raises a short question as to whether the watan held by the respondent at the date of coming into force of the bombay paragana and kulkarni watans (abolition) act, 1950 was a watan of the soil, or a watan of land revenue only in respect of certain lands situate in village shirambe taluka koregaort, district north sahara. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC1318; (1978)2SCC361; [1978]2SCR805; 1978(10)LC151(SC)
..... bhumidhari land possessed by the plaintiffs did not exceed 12 1/2 acres or 30 acres, as the case may be, the question of application of section 154 of the act does not arise, and, therefore, it is not necessary for us at all to go into the question as whether or not the court should have exercised its discretion in ..... high court, it was established that the transferees, namely, the plaintiffs did not have lands exceeding 12i acres so as to fall within the mischief of section 154 of the act. in this view of the matter the second contention raised by counsel for the appellant also fails and it is not necessary for us to examine further the consequences of ..... the limit of 121/2 acres, the sale was invalid under the provisions of section 154 of the u.p. zamindari abolition and land reforms act, 1950 (hereinafter referred to as the act). section 154 of the act as it stood when the transaction was entered ran thus : 154. restrictions on the transfer by a bhumidhar : (1) save as provided in sub- .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1579; [1982(45)FLR436]; 1982LabIC1970; 1982(2)SCALE913; (1982)3SCC412; [1983]1SCR593; 1982(1)SLJ82(SC)
..... district judges and the dismissal, removal or termination of services of these officers. even in these matters the requirement of the constitution is that the governor must act in consultation with the high court. if in the matter of appointment, the high court is sought to be ignored and the executive authority chooses to make ..... detailed comments and the resolution a cabinet sub-committee had considered the matter and on the recommendations made by the cabinet sub committee, the governor did not act on the recommendations made by the high court but made the appointments on the recommendations of the subcommittee. the recommendations of the sub-committee were never ..... competent to decide whether person is fit for promotion and consistent with its decision to recommend or not to recommend such person. the governor who would be acting on the advice of the minister would hardly be in a position to have intimate knowledge about the quality and qualification of such person for promotion. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC1326; 1984(1)SCALE690; (1984)3SCC634; [1984]3SCR715; 1984(16)LC722(SC)
..... auction of the vend as also the defaulted instalments of the licence fee payable in respect of a liquor vend issued under section 60 of the punjab excise act 1914 ('act' for short).2. put very shortly, the essential facts are these. on march 11, 1969, the deputy excise & taxation commissioner, hissar held an ..... that the state government has exclusive right of manufacturing, selling or possessing intoxicants or any country liquor intoxicating drug runs through sections 13 to 18 of the act.** ** ** **the important condition that must be satisfied before any licence can be granted to a person for manufacture or sale of any country liquor intoxicating ..... . chowclhary's, mulamchand's, rattan lal's and finn gobardhan dass' cases are not applicable to a statutory contract. in such a case, the collector acting as the deputy excise & taxation commissioner conducting the auction under rule 36(22) and the excise commissioner exercising the functions of the financial commissioner accepting the bid .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC136; JT1995(6)SC657; 1995(5)SCALE176; (1995)5SCC577; [1995]Supp2SCR782
..... admitted position is that there being a dispute as to the apportionment of the compensation, the collector made a reference under section 30 of the land acquisition act, 1894 (for short, 'the act') and the reference court formed the point thus :who among the claimants are entitled to receive compensation and to what extent? 3. the civil court, ..... . v. amruth ghee co. ltd. guntur and ors. : air1961ap143 .4. the question is whether the view of the high court is correct. section 11 of the act provides that the land acquisition officer shall enquire into the respective interests of the persons claiming compensation or believed to have an interest therein and shall make an award; and ..... be interested in land, of whom or of whose claims, he has information whether or not they have respectively appeared before him.5. under section 30 of the act, when the amount of compensation has been settled under section 11, if any dispute arises as to the apportionment of the same or any part thereof or as .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998(1)ALD(Cri)321; JT1998(1)SC95; 1998(1)SCALE105; (1998)2SCC431; [1998]1SCR197
..... land. he approached the appellant for certification of the said sale-deed for facilitating mutation proceedings. appellant demanded a sum of rs. 100 as remuneration for doing the said official act. after some haggling the amount was settled at rs. 50-pw3 (ishwari prasad shukla) and pw4 - jagdish prasad (who was the local patwari) were also present when the amount ..... appellant was a revenue inspector. the nub of the case against him was that he wangled a bride of rs. 50 from one sewa ram (pw1) for performing an official act, but appellant was caught red-handed in a trap laid by the police.4. more details of the case are these : pw1 - sewa ram got a sale-deed in respect ..... involved in making the aforesaid application.2. appellant was accused in a case tried by a special judge for the offence under section 5(2) of the prevention of corruption act 1947. he was acquitted of the said charge by the trial court but was convicted by the high court on an appeal filed by the state in reversal of the .....
Tag this Judgment!