Court : Andhra Pradesh
Decided on : Mar-25-2003
Reported in : 2003(3)ALT370; (2003)IIILLJ843AP
..... available on record in the said case. the supreme court noticed that the appellant company therein is a government company as envisaged in section 617 attracting section 619 of the companies act, that more than 97% of the share capital has been contributed by the state government and the financial institutions controlled and belonging to ..... (bifr) for rehabilitation. the bifr having registered the case declared the company as a sick company under the provisions of the sick industrial companies (special provisions) act. it is not necessary to notice the further details as to what transpired before the bifr.2. during 1994 even while the proceedings were pending before the ..... is stated that the first respondent-company is a private company registered under the companies act. it is thus clear that the company is not even registered as a government company attracting the provisions of sections 617 and 619 of the companies act, 1956. in the circumstances, it is not possible to hold that the first .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-26-2003
Reported in : 2003(5)ALT125; (2003)183CTR(AP)454; [2003]262ITR194(AP)
..... property held under the trust that it can be treated as voluntary contribution given by the hyderabad race club to the assessee-trust as contemplated under section 12 of the act, the conduct of the hyderabad race club in respect of this transaction is only a fiduciary for the benefit of the assessee. such voluntary contributions ..... derived from such transactions cannot be called an income from the business. assuming that it is a business as contemplated under section 2(13) of the act, the same is exempted under section 11 of the act. further, the submission that the income shall be treated as an income derived from the property held under the trust cannot ..... receipts did not constitute income from the business.19. in this backdrop of submissions, we may have to examine the very word 'business' as contemplated under section 2(13) of the act. the word 'business' is one, of large and indefinite import. however, it connotes something which occupies the labour and attention of a person for the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-15-2003
Reported in : 2004(1)ALD526; 2004(1)ALT787
..... suffer from irregularity, the effect of the subsequent proceedings need not be gone into.23. for the foregoing discussion, the surcharge proceeding under sub-section (1) of section 60 of the act and the sale notice issued under rules 52 and 53 of the rules are liable to be set aside and accordingly they are set aside. ..... considered view would be a futile exercise.19. apropos the contention of the learned government pleader that pursuant to the surcharge order passed under section 60(1) of the act, proceedings under section 70 have been issued and consequently the execution as prescribed under rules 52 and 53 have also been initiated, it is to be noted ..... have been initiated against her for the irregularities allegedly committed by her late husband while he was in office. therefore, the surcharge order passed under section 60(1) of the act and the consequential proceedings initiated under rules 52 and 53 of the rules are illegal. secondly; no proper opportunity by way of conducting an .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-20-2003
Reported in : 2004(1)ALD574
..... proceeding relating to the dispute of title or for recovery of possession of a wakf property or right of mutawalli or beneficiary, the notice is contemplated. sub-section (3) of section 90 of the act made the position clear that the decree obtained by the mutawalli in such proceedings shall become void in the event of the wakf board, making an application ..... to the interest of the institution and as it is for the benefit of the institution, the mutawalli of the wakf need not issue the notice contemplated under section 90 of the act to the wakf board or to any other party. if there are claims of title adverse to the interest of the wakf, they have to bring the claim ..... the revision petitioner that the suit is not maintainable without making the wakf board as one of the parties to the suit. in this regard, section 92 of the act is relevant which reads as follows:'section 92: board to be party to suit or proceeding: in any suit or proceeding in respect of a wakf or any wakf property the board .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-26-2003
Reported in : 2004(3)ALD121; 2004(2)ALT179
..... commissioner before the council,apply for a decision to the district judge of the district in which the municipality is situated....................................................' 8. section 17 of the act gives jurisdiction to the district judge to decide the questions of disqualification. now in the present case as rightly pointed out by the ..... could not be disqualified. it was also contended that the 2nd respondent had not considered the application for restoration of the membership under section 16(3) of the act which was arbitrary and illegal. it was also contended that without deciding her representation, the 1st respondent-commissioner had issued the notification ..... dated 27-8-2002 'approved'sd/-bingi rama murthy,chairperson,municipal council,chilakaluripeta.'3. now the whole controversy relates to interpretation of section 16(k) of the act. the contention of the petitioner was that there could be a disqualification if the member had failed to attend three consecutive meetings, but .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-04-2003
Reported in : 2003(1)ALD(Cri)886; 2003(3)ALT407; 2003CriLJ4028
..... law in force in india, or imprisonment for a term which may extend to seven years, or such less punishment as is in this act mentioned.'section 69 creates an exception to section 70. what section 70 takes away from the jurisdiction of the court-martial is murder, culpable homicide and rape with certain conditions. whether those conditions were available ..... transferred at the instance of the respondents to the army for the purpose of court-martial. in this regard reliance has been placed by respondents on section 125 of the army act. section 125 reads :'125. when a criminal court and a court-martial have each jurisdiction in respect of an offence, it shall be in the discretion ..... the matter. there is no factual basis laid down in the present writ petition to the effect that the army had not made any requisition in terms of section 125 of the army act. therefore, this judgment is not going to help the petitioner.5. the learned counsel also referred to som datt v. union of india, : 1969crilj663 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-27-2003
Reported in : 2003(2)ALT(Cri)233; 2003CriLJ2835
..... as agreed upon and, therefore, the promoter, manager and member of the bank shall be liable for punishment. as a prima facie case for the offence under section 5 of act 17 of 1999 is made out, the question of quashing the complaint does not arise.34. though the f.i.r. are registered against the petitioners for the ..... dated 29-4-1999, the reserve bank of india included the vasavi bank in the second schedule to the reserve bank of india act, in pursuance of clause (a) of sub-section (6) of section 42 of that act. on 4-12-2002, the reserve bank of india issued a circular limiting the maximum advances or loans to the directors and ..... as agreed upon, every person responsible for the management of the affairs of the financial establishment shall be punished. what is a financial establishment is defined under section 2(c) of act 17 of 1999 which is reproduced below :'financial establishment means an individual, an association or body of individuals or a firm carrying on the business of receiving .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-18-2003
Reported in : 2003(3)ALD855; [2004]122CompCas625(AP); [2003]47SCL727(AP)
..... by the court in respect of the ihi ltd. at that stage the respondent, k.p. jain, filed another application purporting to be under section 392 of the companies act, 1956 inviting the court for the reasons mentioned in the application to hold that the scheme sanctioned by the court cannot be worked satisfactorily with ..... the court consenting to the scheme. under the above circumstances, the learned single judge of the karnataka high court held, that the provisions of section 391(2) of the act was not mandatory but merely directory and there had been substantial compliance inasmuch three-fourths of the unsecured creditors agreed to and approved the scheme. ..... 17. in order to appreciate the contention of the learned counsel for the petitioner, it would be convenient to refer to the relevant provision of section 391 of the act, which is as under: 'section 391. power to compromise or make arrangements with creditors and members:-- (1) where a compromise or arrangement is proposed-- (a) between a .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-09-2003
Reported in : 2003(5)ALD299
..... is to the effect that the respondents could not have retrenched the petitioners, without obtaining prior approval of the 2nd respondent, as required under section 116-c of the societies act. section 116-c reads as under:- '116c. staffing pattern of societies .--(1) a society shall have power to fix the staffing pattern, qualifications, ..... the result of rationalization of the staff structure and the same could have been resorted to, only in accordance with the procedure prescribed under section 9a of the id act. since the said procedure was not complied with, the learned counsel submits, the orders of termination cannot be sustained. disagreeing with the contention ..... , in addition to elaborating the contentions raised in the affidavit, has also advanced the contention that the impugned proceedings are also violative of section 116c of the societies act, since the approval of the 2nd respondent was not obtained before resorting to termination. he has placed reliance upon the judgments of this .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-29-2003
Reported in : 2004(1)ALD241a; 2004(1)ALT585
..... with. the document does not require registration, except for the purposes of presentation and registration of documents as provided for under section 32 of the registration act. section 118 of the evidence act envisages as to who may testify. all persons are competent unless the court considers incapacity for situations contemplated therein. thus, incompetence ..... proceedings have to appear and give evidence. a power of attorney surrogates a party in all aspects, including giving of evidence. as contemplated under section 18 of the evidence act, statements made by an agent constitute a valid admission. however, in a given case, depending on facts and circumstances, due credits, presumptions ..... code of civil procedure and the civil rules of practice, which amply substitutes the power of attorney in the place of a party. section 60 of the evidence act insists oral evidence to be direct viz., the best evidence available should be brought before the court. however, while weighing the evidence, .....
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