Court : Chennai
Decided on : Nov-22-2006
Reported in : [2007]139CompCas214(Mad); (2007)1MLJ450; [2008]81SCL525(Mad)
..... 'of the company in liquidation was not maintainable nor the learned company judge was empowered to impose a fine in lieu of imprisonment under sub-section (3) of section 542 of the companies act, 1956. in such background, we have no other option but to set aside the impugned order dated 22.3.06 passed by the learned ..... for any fraudulent purpose, appropriate declaration could be made and the liability of such person could be determined or appropriate order may be passed under sub-section (2) of section 542 of the act. however, such order could be passed only on the application of the official liquidator or liquidator or any creditor or contributory of the company, ..... the person concerned may be criminally liable in respect of the matters on the ground of which the declaration is to be made.9. so far as section 543 of the act is concerned, it enables the company judge/tribunal to assess damages against the delinquent directors, manager, liquidator or officer of the company in case such person .....
Tag this Judgment!Court : Chennai
Decided on : Dec-07-2006
Reported in : (2007)2MLJ254
..... namely the applicant and her two sisters were also stated in the petition, but the same should have been stated as per clause (b) of section 278 of the indian succession act, 1925. suppressing the very fact that there are 3 other legal heirs to the deceased is also a just cause to revoke the grant of letters ..... herein were not at all disclosed in the o.p.no. 451/2004.26. the learned senior counsel for the applicant drew my attention to section 278 of the indian succession act according to which application for letters of administration shall be made stating the other relatives of the deceased family and their respective residences and submitted that ..... just cause and what is just cause is explained in sub-clause (a) to (e) with illustration (i) to (viii).17. for better appreciation section 263 of the indian succession act is extracted below with the above explanation and illustration:263. revocation or annulment for just cause:- the grant of probate or letters of administration may be revoked .....
Tag this Judgment!Court : Chennai
Decided on : Nov-23-2006
Reported in : AIR2007Mad228
..... irrigated through the government sluices, is a right relating to the immovable property and such a right would not get barred by lapse of three years. section 2(6) of the registration act defines what is 'immovable property' and it is reproduced hereunder for ready reference.2(6) 'immovable property' includes lands, buildings, hereditary allowances, ..... things attached to the earth or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass;'section 3(26) of the general clauses act is reproduced hereunder for ready reference.3(26) 'immovable property' shall include land, benefits to arise out of land and things attached to ..... property and in such a case the period of limitation for three years under any of the articles including residuary article 137 of the limitation act are not applicable. it is obvious that to enforce any right relating to immovable property, the period of limitation prescribed is 12 years under article 65 .....
Tag this Judgment!Court : Chennai
Decided on : Dec-07-2006
Reported in : [2007(113)FLR291]; (2007)IIILLJ85Mad
..... dismissed the abovesaid o.p. by its order dated december 24, 1998. aggrieved by and challenging the said order, the appellant herein has filed this appeal under section 82 of the employees state insurance act, 1948.6. the arguments advanced by mr. r.s. ramanathan, learned counsel for the appellant and mr. p. sermakani, learned counsel for the respondents, ..... inter alia that the present employer was jointly and severally liable along with the former employer in case of change of ownership as provided under section 93-a of the e.s.i. act. regarding the plea of limitation, it was the contention of the respondents that the same could be pressed into service only in respect of ..... five years from the date on which the cause of action arose were barred by limitation; and(5) the determination of contribution, amount under section 45-a of the e.s.i. act should have been made within 3 years from the date on which the cause of action arose, but the first respondent determined the contribution payable .....
Tag this Judgment!Court : Chennai
Decided on : Jan-03-2006
Reported in : [2007]288ITR151(Mad)
..... and clause (iiic) any duty of customs or excise repaid or repayable as drawback to any person against exports under the customs and central excise act, 1971.12. as per sub-section (1a), where supporting manufacturer during the previous year has sold goods or merchandise to any export house or trading house in respect of which the ..... but does not include freight or insurance attributable to the transport of the goods or merchandise beyond the customs station as defined in the customs act, 1962.15. clause (baa) of the explanation to section 80hhc was inserted to clarify the formula as the existing formula distorted the figure of export profits when receipts like interest, commission, etc., ..... in the shipping bill or bill of export as referred to in sub-section (1) of section 50 of the customs act, 1962 (52 of 1962), shall, for the purposes of this section, be deemed to be the sale proceeds thereof.(3) for the purposes of sub-section (1),--(a) where the export out of india is of goods or .....
Tag this Judgment!Court : Chennai
Decided on : Apr-20-2006
Reported in : AIR2006Mad276; (2006)4MLJ392
..... appellant that by virtue of the scam relating to securities and the ordinance issued by the central government, there was frustration of the contract as contemplated under section 56 of the contract act as all such events are post the ic deposits which deposits matured long before. however, the contention of the appellant is to be accepted and the ..... schedule to the code of civil procedure, 1908 (5 of 1908);(c) shall empower the court to award interest upon interest.21. the relevant provision of section 3 of the interest act is to the effect that in any proceedings for the recovery of any debt, a claim for interest in respect of such debt is made, the court, ..... classes of scheduled banks in accordance with the directions given or issued to banking companies generally by the reserve bank of india under the banking regulation act, 1949 (10 of 1949).as per section 2(c) 'debt'' means by liability for an ascertained sum of money and includes a debt payable in kind, but does not include a .....
Tag this Judgment!Court : Chennai
Decided on : Nov-20-2006
Reported in : (2007)1MLJ698
..... court that this cruelty refers not only to physical cruelty, but also to mental cruelty. it is also very relevant to refer to section 23 of the said act. satisfaction as used in section 23 is not that satisfaction as required in a criminal proceeding, but it refers to the proving of the case by evidence adduced ..... allegations of illicit relationship amount to mental cruelty and it will be a valid ground for passing a decree of divorce under the provisions of section 13(ia) of the hindu marriage act. we have already held hereinbefore on a consideration of the evidence on record that the respondent wife, since after her marriage with the appellant ..... and character assassination of the wife by the appellant husband in the written statement constitutes mental cruelty for sustaining the claim for divorce under section 13(1)(i-a) of the act. the position of law in this regard has come to be well settled and declared that levelling disgusting accusations of unchastity and indecent familiarity .....
Tag this Judgment!Court : Chennai
Decided on : Oct-31-2006
Reported in : [2007]293ITR15(Mad); (2009)20VST835(Mad)
..... in question involved export of goods out of india falling within the sweep of the concept of 'sale' involving clearance at the customs station as contemplated under section 80hhc of the act.in respect of third point, the bombay high court held as follows:reading of the above illustrations in general and clauses (v) and (vi) thereof in ..... 'goods' or 'merchandise'. we, therefore, hold that the beta-cam tape, which has incorporeal rights, is a 'goods' or 'merchandise' for the purposes of section 80hhc of the act.in respect of second point, the bombay high court held as follows:having taken the survey of various provisions, one fails to understand as to why the word ' ..... commissioner of income-tax (appeals). the c.i.t.(a) allowed the appeal and was of the view that the assessee is entitled to the relief under section 80hhc of the act. aggrieved, the revenue filed an appeal to the income-tax appellate tribunal (hereinafter referred to as the 'tribunal'). the tribunal dismissed the revenue's appeal .....
Tag this Judgment!Court : Chennai
Decided on : Dec-08-2006
Reported in : (2007)1MLJ517
..... from the starting point as well as bonus, surrender leave, contribution to welfare fund are all without any basis. it goes without saying that a claim under section 33(c)(2) of the i.d. act is available only when there is an entitlement either under any law, contract, settlement or under an award.12. however, the contention of the second respondent ..... in affirmative, then as to the rate with which he is eligible to get the amount.9. the writ petitioner approached the first respondent labour court under section 33(c)(2) of the i.d. act and he has filed three claim petitions being c.p. nos. 117 of 1995, 43 of 1997 and 115 of 1996 respectively. he has not challenged ..... an employee in no event, will be liable to refund or forfeit any part of the subsistence allowance admissible to him which are paid under section 3(1) of the said act.5. the provisions of the said act are undoubtedly applicable to the co-opearative society and this court as early as in 1989 (1) l.l.n. 689 [c. selvaraj and .....
Tag this Judgment!Court : Chennai
Decided on : Feb-01-2006
Reported in : [2007]137CompCas406(Mad)
..... was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed with the contest or connivance of, or is attributable to any neglect on the part of, any director or manager, secretary ..... conduct of its business as well as the company shall be construed to be guilty of the offence.13. while dealing with the aforesaid question, with regard to section 141 of the negotiable instruments act, 1881, which is in pari material, the hon'blesupreme court in s.m.s. pharmaceuticals ltd. v. neeta bhalla [2005] 127 comp cas 563 : ..... there is no such specific reference in the charge sheet, it will have to be construed, in the light of the aforesaid ratio, that the provisions of section 49a of the indian electricity act, 1910, are not complied with.15. this court in salfee golden jubilee rolling mills v. state [1989] lw (crl.) 227 has held that when .....
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