Array ( [0] => ..... the scrutinizers, no objection can be raised against his appointment as a scrutinizer. in the present case there is no violation of the provision of section 184 of the companies act. 19. the next allegation raised is that no debate and discussion took place during the course of meeting of the shareholders. the chairperson has ..... regard to the appointment of scrutinizers. it was contended that both the scrutinizers are the employees of the company which violated the provisions of section 184 of the companies act. the said provision contemplates that one of the two scrutinizers appointed by the chairperson should be the member and not an officer or an ..... matter and, thereforee, needs scrutiny by this court. 9. the aforesaid objection was sought to be substantiated by stating that statutory requirement of section 391(1)(a) of the companies act was not disclosed in the explanatory statement submitted with the notice. it is an admitted position that an explanatory statement was submitted by the ..... [1] => ..... suggestion that the word 'kayam' is a generic word and as such it should not have been registered for it was devoid of any distinctive character under section 9(1) of the act. but despite this claim one could not be oblivious to the fact that the device includes the word 'kayam' and the device has gained a distinctiveness ..... all sufficient to confer jurisdiction falls on the ground and has to be rejected. 18. as regards the plea of non-registration of partnership under section 69(2) of the partnership act in para j of the petition, though the plea was taken but it was not virtually pressed with the same vehemence with which other arguments were ..... interfered for numerous reasons. 9. before proceeding further, it would be desirable to refer to section 105 and clause (e) of section 2 of the trade and merchandise marks act (hereinafter called the 'act' for short) as well as sub-section (4) of section 2 and sections 19 and 20 of the cpc for they relate to question of jurisdiction in relation to ..... [2] => ..... second circular'). the relevant portion of the first circular is as under:'this is regarding treatment of various publications which are registered newspapers in terms of section 9 of the ipo act when advertisement sheets are inserted in them.it has been observed in a few cases that such registered newspapers have pages containing advertisements which are not numbered ..... such pages may result in enquiries being made as to what was contained on those pages which the readers would be missing.the provisions of section 9 of the indian post office act, 1898 further require that the contents of the magazine should be wholly or for the greater part, consisting of political or other news. ..... in which it is enclosed is received.' 10. this clause 139, in essence, is an extension of what is provided in section 9 of the indian post office act, 1898. section 9 of the said post office act, 1898 reads as under:'9. power to make rules as to registered newspaper.--(1) the [a substituted for the words ' ..... [3] => ..... for the appellant whether the rent of the suit property was rs. 3300/- or rs. 3630/-, we deem it appropriate to reproduce section 8 of the delhi rent control act. section 8 of the delhi rent control act reads as under:-'8. notice of increase of rent - (1) where a landlord wishes to increase the rent of any premises, ..... filed by the respondent was incompetent.13. the learned counsel for the appellant also submitted that the respondent was already prosecuting an eviction petition under section 22 of the delhi rent control act and as such the respondent could not have availed two remedies for a single cause of action. he also submitted that no notice for ..... possession and damages as filed by the respondent was incompetent. the appellant also submitted that the respondent trust was also prosecuting an eviction petition under section 22 of the delhi rent control act and as such the respondent could not avail of two remedies for the same (one) cause of action. it was also submitted that no ..... [4] => ..... judge to consider the applications of persons to be the notaries in accordance with rules 6 and 7 of the notaries rules, 1956 framed under section 15 of the notaries act, 1952. apparently that was a case of appointment of notaries by the state government. the present case is one of appointment of notaries by ..... to 18 have been made by the central government and not by the state government. in this context, it would be relevant to point out section 3 of the said act which empowers the central government as well as the state government to appoint notaries. insofar as the central government is concerned, it may appoint notaries ..... the petitioners have challenged the legality and validity of the appointment of respondents 3 to 18 to perform the function of notaries under the notaries act, 1952 (hereinafter referred to as the said act) in district bulandshahar, u.p. the petitioners themselves are also notaries practicing as such in district bulandshahar, u.p. the petitioners were appointed ..... [5] => ..... of the assessed did not find favor with the learned commissioner (appeals) in view of the definition of transfer given in clause (v) of sub-section (47) of section 2 of the act. he was of the view that the appellant after giving possession to the buyer did not have any right whatsoever to refuse the transfer. since ..... consideration everything. the notional interest on the deposit is not any actual rent received or receivable. any notional addition cannot partake annual value as envisaged under section 23 of the act. we, thereforee, do not have any hesitation in accepting the assessed's plea that in the light of decision of hon'ble high court in the ..... in ground no. 3 for assessment year 1988-89 and ground no. 6 for assessment year 1989-90 assessed has challenged charging of interest under section 139(8) and section 215/217 of the act as improper and contrary to provisions of law on the ground that these were reassessment proceedings. assessed's counsel, sh. adlakha, contends that for ..... [6] => ..... plead that additional payment was made towards additional responsibility of the insurance company then no such inference could be drawn in view of the provisions of section 114 of evidence act. who would be the beneficiary? the insured of course! he was required to prove payment of additional premium for enhanced liability. the insured despite ..... similar question arose as to how far the legal representatives of an injured claimant could pursue the petition in terms of section 306 of the indian succession act, 1925. section 306 of the indian succession act reads as under:-'306. demands and rights of action of or against deceased survive to and against executor or administrator.- ..... interest for the delay and this amounted to loss to the estate of the deceased and accordingly it is covered by excepted matters under section 306 of the indian succession act, 1925. thereforee, to say that the legal representatives are entitled to claim interest only on the date of death of injured/deceased may ..... [7] => ..... the decision of the hon'ble supreme court in patheja bors. case (supra) and i would presume that it would fall in the genre envisaged in section 126 of the contract act, 1872. this section states that 'a 'contract of guarantee' is a contract to perform the promise, or discharge the liability, of a third person in case of his ..... is enabled to collect after the date of the sanctioned scheme legitimately belonging to the revenue, cannot be and could not have been intended to be covered within section 22 of the act'. the judgments in shree vallabh glass works (supra) as well as corromandal's case (supra) were reflected upon in tata davy limited v. state of ..... `the like' as it could not have conceived of all possible coercive measures that may be taken against a sick undertaking. the action contemplated by section 29 of the 1951 act is undoubtedly a coercive measure directed at the take over of the management and property of the industrial concern and confers a further right on the financial ..... [8] => ..... the ground that this order is contrary to the well settled position of law laid down in the several judgments that the government under section 10(1) of the act exercised its administrative functions and not judicial or quasi judicial functions and cannot delve into merits of the dispute and take upon itself ..... whose determination will be amenable to judicial review. ' 6. mr. kaura has thereforee submitted that unless and until the prohibition notification under section 10(1) of the clra act is issued, the industrial tribunal cannot entertain any dispute and consequently the declining of the reference though seemingly going into the merits of the ..... steel authority of india ltd. & others etc vs. national union of waterfront workers & others etc. has clarified that if prohibition notification under section 10(1) of the clra act prohibiting employment of contract labour is there, only then the industrial adjudicator will have to consider the question whether the contract has been interposed ..... [9] => ..... upon.question no.3:8.1. it is mr. rawal's contention that once the bill of entry was assessed and goods were cleared for home consumption under section 47 of the said act and the same had left the control of the customs authorities, the customs authorities had no jurisdiction as regards the confiscation of the said goods. mr. rawal relied ..... petition.question no.1.6. it is the petitioners' contention that the direction that was given on 3.11.1976 amounted to a seizure of goods contemplated under section 110 of the said act. on the other hand, learned counsel appearing for the respondents submitted that the seizure memo is, in fact, dated 11.11.1976 and it is on that ..... petitioners after the bill of entry in respect of the said goods had been assessed and the said goods had been cleared in terms of the provisions of section 47 of the customs act, 1962?2. to examine the questions in the perspective of the petitioners' case, a brief resume of the facts would be necessary.3. the petitioner no.1 ..... ) Explosives Act 1884 Section 4 Definitions - Court Delhi - Year 2003 - Page 6 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: delhi Year: 2003 Page 6 of about 294 results (0.816 seconds)

Jul 08 2003 (HC)

In Re: Hcl Infosystems Limited,

Court : Delhi

Decided on : Jul-08-2003

Reported in : [2004]121CompCas861(Delhi); 106(2003)DLT274; 2004(75)DRJ699; [2003]46SCL365(Delhi)

..... the scrutinizers, no objection can be raised against his appointment as a scrutinizer. in the present case there is no violation of the provision of section 184 of the companies act. 19. the next allegation raised is that no debate and discussion took place during the course of meeting of the shareholders. the chairperson has ..... regard to the appointment of scrutinizers. it was contended that both the scrutinizers are the employees of the company which violated the provisions of section 184 of the companies act. the said provision contemplates that one of the two scrutinizers appointed by the chairperson should be the member and not an officer or an ..... matter and, thereforee, needs scrutiny by this court. 9. the aforesaid objection was sought to be substantiated by stating that statutory requirement of section 391(1)(a) of the companies act was not disclosed in the explanatory statement submitted with the notice. it is an admitted position that an explanatory statement was submitted by the .....

Tag this Judgment!
May 23 2003 (HC)

Goyal Gramodyog Sansthan and ors. Vs. Seth Brothers and anr.

Court : Delhi

Decided on : May-23-2003

Reported in : 2003(70)DRJ393; 2003(27)PTC142(Del)

..... suggestion that the word 'kayam' is a generic word and as such it should not have been registered for it was devoid of any distinctive character under section 9(1) of the act. but despite this claim one could not be oblivious to the fact that the device includes the word 'kayam' and the device has gained a distinctiveness ..... all sufficient to confer jurisdiction falls on the ground and has to be rejected. 18. as regards the plea of non-registration of partnership under section 69(2) of the partnership act in para j of the petition, though the plea was taken but it was not virtually pressed with the same vehemence with which other arguments were ..... interfered for numerous reasons. 9. before proceeding further, it would be desirable to refer to section 105 and clause (e) of section 2 of the trade and merchandise marks act (hereinafter called the 'act' for short) as well as sub-section (4) of section 2 and sections 19 and 20 of the cpc for they relate to question of jurisdiction in relation to .....

Tag this Judgment!
Jul 07 2003 (HC)

Competition Success Review Vs. Union of India (Uoi) and anr.

Court : Delhi

Decided on : Jul-07-2003

Reported in : 2003VIIIAD(Delhi)442; 106(2003)DLT469; 2003(70)DRJ690

..... second circular'). the relevant portion of the first circular is as under:'this is regarding treatment of various publications which are registered newspapers in terms of section 9 of the ipo act when advertisement sheets are inserted in them.it has been observed in a few cases that such registered newspapers have pages containing advertisements which are not numbered ..... such pages may result in enquiries being made as to what was contained on those pages which the readers would be missing.the provisions of section 9 of the indian post office act, 1898 further require that the contents of the magazine should be wholly or for the greater part, consisting of political or other news. ..... in which it is enclosed is received.' 10. this clause 139, in essence, is an extension of what is provided in section 9 of the indian post office act, 1898. section 9 of the said post office act, 1898 reads as under:'9. power to make rules as to registered newspaper.--(1) the [a substituted for the words ' .....

Tag this Judgment!
Sep 12 2003 (HC)

Shalimar Paints Ltd. Vs. Bani Jagtiani Trust and ors.

Court : Delhi

Decided on : Sep-12-2003

Reported in : 2004IAD(Delhi)357; 107(2003)DLT58; 2003(71)DRJ81

..... for the appellant whether the rent of the suit property was rs. 3300/- or rs. 3630/-, we deem it appropriate to reproduce section 8 of the delhi rent control act. section 8 of the delhi rent control act reads as under:-'8. notice of increase of rent - (1) where a landlord wishes to increase the rent of any premises, ..... filed by the respondent was incompetent.13. the learned counsel for the appellant also submitted that the respondent was already prosecuting an eviction petition under section 22 of the delhi rent control act and as such the respondent could not have availed two remedies for a single cause of action. he also submitted that no notice for ..... possession and damages as filed by the respondent was incompetent. the appellant also submitted that the respondent trust was also prosecuting an eviction petition under section 22 of the delhi rent control act and as such the respondent could not avail of two remedies for the same (one) cause of action. it was also submitted that no .....

Tag this Judgment!
Jul 30 2003 (HC)

Dayanand Swaroop Aggarwal and ors. Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Jul-30-2003

Reported in : 2003VIAD(Delhi)487; 109(2004)DLT350; 2003(70)DRJ607

..... judge to consider the applications of persons to be the notaries in accordance with rules 6 and 7 of the notaries rules, 1956 framed under section 15 of the notaries act, 1952. apparently that was a case of appointment of notaries by the state government. the present case is one of appointment of notaries by ..... to 18 have been made by the central government and not by the state government. in this context, it would be relevant to point out section 3 of the said act which empowers the central government as well as the state government to appoint notaries. insofar as the central government is concerned, it may appoint notaries ..... the petitioners have challenged the legality and validity of the appointment of respondents 3 to 18 to perform the function of notaries under the notaries act, 1952 (hereinafter referred to as the said act) in district bulandshahar, u.p. the petitioners themselves are also notaries practicing as such in district bulandshahar, u.p. the petitioners were appointed .....

Tag this Judgment!
Aug 14 2003 (HC)

Rolex Steels (Lndia) (P) Ltd. Vs. Asstt. Cit

Court : Delhi

Decided on : Aug-14-2003

Reported in : (2004)91TTJ(Del)138

..... of the assessed did not find favor with the learned commissioner (appeals) in view of the definition of transfer given in clause (v) of sub-section (47) of section 2 of the act. he was of the view that the appellant after giving possession to the buyer did not have any right whatsoever to refuse the transfer. since ..... consideration everything. the notional interest on the deposit is not any actual rent received or receivable. any notional addition cannot partake annual value as envisaged under section 23 of the act. we, thereforee, do not have any hesitation in accepting the assessed's plea that in the light of decision of hon'ble high court in the ..... in ground no. 3 for assessment year 1988-89 and ground no. 6 for assessment year 1989-90 assessed has challenged charging of interest under section 139(8) and section 215/217 of the act as improper and contrary to provisions of law on the ground that these were reassessment proceedings. assessed's counsel, sh. adlakha, contends that for .....

Tag this Judgment!
Jan 21 2003 (HC)

Smt. Munni Devi W/O Late Sh. Jagannath, Vs. New India Assurance Co. Lt ...

Court : Delhi

Decided on : Jan-21-2003

Reported in : 1(2003)ACC623; I(2003)ACC623; 2004ACJ974; 2003IIAD(Delhi)255; 103(2003)DLT464; 2003(67)DRJ301; (2003)134PLR13

..... plead that additional payment was made towards additional responsibility of the insurance company then no such inference could be drawn in view of the provisions of section 114 of evidence act. who would be the beneficiary? the insured of course! he was required to prove payment of additional premium for enhanced liability. the insured despite ..... similar question arose as to how far the legal representatives of an injured claimant could pursue the petition in terms of section 306 of the indian succession act, 1925. section 306 of the indian succession act reads as under:-'306. demands and rights of action of or against deceased survive to and against executor or administrator.- ..... interest for the delay and this amounted to loss to the estate of the deceased and accordingly it is covered by excepted matters under section 306 of the indian succession act, 1925. thereforee, to say that the legal representatives are entitled to claim interest only on the date of death of injured/deceased may .....

Tag this Judgment!
Apr 21 2003 (HC)

Madura Coats Limited Vs. Bank of India and anr.

Court : Delhi

Decided on : Apr-21-2003

Reported in : III(2003)BC27; [2003]116CompCas291(Delhi); (2003)3CompLJ494(Del); 105(2003)DLT37; 2003(68)DRJ745; [2003]44SCL718(Delhi)

..... the decision of the hon'ble supreme court in patheja bors. case (supra) and i would presume that it would fall in the genre envisaged in section 126 of the contract act, 1872. this section states that 'a 'contract of guarantee' is a contract to perform the promise, or discharge the liability, of a third person in case of his ..... is enabled to collect after the date of the sanctioned scheme legitimately belonging to the revenue, cannot be and could not have been intended to be covered within section 22 of the act'. the judgments in shree vallabh glass works (supra) as well as corromandal's case (supra) were reflected upon in tata davy limited v. state of ..... `the like' as it could not have conceived of all possible coercive measures that may be taken against a sick undertaking. the action contemplated by section 29 of the 1951 act is undoubtedly a coercive measure directed at the take over of the management and property of the industrial concern and confers a further right on the financial .....

Tag this Judgment!
May 30 2003 (HC)

Shri Suresh Kumar and ors. Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : May-30-2003

Reported in : 106(2003)DLT254; 2003(71)DRJ742; (2004)ILLJ53Del; 2004(1)SLJ474(Delhi)

..... the ground that this order is contrary to the well settled position of law laid down in the several judgments that the government under section 10(1) of the act exercised its administrative functions and not judicial or quasi judicial functions and cannot delve into merits of the dispute and take upon itself ..... whose determination will be amenable to judicial review. ' 6. mr. kaura has thereforee submitted that unless and until the prohibition notification under section 10(1) of the clra act is issued, the industrial tribunal cannot entertain any dispute and consequently the declining of the reference though seemingly going into the merits of the ..... steel authority of india ltd. & others etc vs. national union of waterfront workers & others etc. has clarified that if prohibition notification under section 10(1) of the clra act prohibiting employment of contract labour is there, only then the industrial adjudicator will have to consider the question whether the contract has been interposed .....

Tag this Judgment!
Jul 30 2003 (HC)

Krampe Hydraulik (India) and ors. Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Jul-30-2003

Reported in : 2003VIAD(Delhi)436; 2003(71)DRJ353

..... upon.question no.3:8.1. it is mr. rawal's contention that once the bill of entry was assessed and goods were cleared for home consumption under section 47 of the said act and the same had left the control of the customs authorities, the customs authorities had no jurisdiction as regards the confiscation of the said goods. mr. rawal relied ..... petition.question no.1.6. it is the petitioners' contention that the direction that was given on 3.11.1976 amounted to a seizure of goods contemplated under section 110 of the said act. on the other hand, learned counsel appearing for the respondents submitted that the seizure memo is, in fact, dated 11.11.1976 and it is on that ..... petitioners after the bill of entry in respect of the said goods had been assessed and the said goods had been cleared in terms of the provisions of section 47 of the customs act, 1962?2. to examine the questions in the perspective of the petitioners' case, a brief resume of the facts would be necessary.3. the petitioner no.1 .....

Tag this Judgment!




Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //