Court : Madhya Pradesh
Decided on : Jan-09-2006
Reported in : I(2007)BC196; [2009]149CompCas235(MP); (2006)6CompLJ331(MP)
..... winding up of respondent-company is sought essentially on the ground of their inability to pay the petitioner's debt as contemplated under section 433(e) of the act,2. admittedly, proceedings before the bifr are pending under sections 15 and 16 of sica at the instance of respondent-company in reference case no. 187 of 1999. under these circumstances, ..... the bar contained under a section 22 of sica is attracted for proceeding for winding up. in my opinion, therefore, the proper course for ..... benefit to the company (debtor) and at the same time causes immense loss and injury to creditors who are unable to recover their dues due to umbrella of section 22 ibid operating against them. in the present case, it is clear that matter is pending before bifr for more than 5 years with no end in site. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-09-2006
Reported in : [2008]86SCL230(MP)
..... sapre, j.1. this is a company petition filed by the petitioner a nationalise bank as one of the creditor of the respondent-company under section 433(e) of the companies act against the respondent-company. the winding up of respondent-company is sought essentially on the ground of their inability to pay the petitioner's huge money ..... debt as contemplated under section 433(e) of the act.2. admittedly, proceedings before the bifr are pending under sections 15 and 16 of sica at the instance of respondent-company in reference case no. 172 of 2003. under these ..... circumstances, the bar contained under section 22 of sica is attracted for proceeding for winding up. in my opinion, therefore, the proper course .....
Tag this Judgment!Court : Delhi
Decided on : Jan-09-2006
Reported in : III(2006)BC67; 2006(1)CTLJ458(Del); 126(2006)DLT391; 2006(86)DRJ735
..... against the unsuccessful party. unfortunately, it has become a practice to direct parties to bear their own costs. in a large number of cases, such an order is passed despite section 35(2) of the code. such a practice also encourages the filing of frivolous suits. it also leads to the taking up of frivolous defenses. further, wherever costs are awarded ..... , ordinarily the same are not realistic and are nominal. when section 35(2) provides for cost to follow the event, it is implicit that the costs have to be those which are reasonably incurred by a successful party except in those .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-09-2006
Reported in : (2006)142PLR624
Satish Kumar Mittal, J.1. The defendant Raj Kumar has filed this petition under Article 227 of the Constitution of India for setting aside the Orders dated 18.10.2002 vide which his defence was struck off because of non-filing of the written statement within the time granted and dated 24.12.2003 passed by the Civil Judge (Jr. Division), Karnal vide which his application for recalling the said order has been dismissed.2. In the suit for declaration and permanent injunction filed by respondent No. l, the petitioner was served through Munadi on 19.9.2002. On that date, he appeared through his Advocate and the case was adjourned for 11.10.2002 for filing of the written statement. On that date, written statement was not filed on behalf of the petitioner and on request the case was again adjourned for 16.10.2002 for filing the written statement. On that date, again a request was made for filing the written statement and the case was adjourned for 18.10.2002 for the said purpose and last oppo...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-09-2006
Reported in : (2006)143PLR95a
Hemant Gupta, J.1. The plaintiff is in revision aggrieved against the order passed by the learned trial Court on 20.11.2003, whereby his application for reframing of the issues was declined.2. The plaintiff has filed a suit under Order 37 of the Code of Civil Procedure for recovery of Rs. 5,35,000/- i.e. Rs. 5 lacs as principal amount advanced as loan and Rs. 35,000/- as interest, on the basis or two cheques issues by the plaintiff to the defendants.3. It is the case of the defendants that the said amount was received not as a loan but' a security which attracts interest @ 12%. On the basis of the pleadings, the trial Court has re-framed the issues, which read as under:-1. Whether the defendants took loan of Rs. 5 lacs from the plaintiff, as alleged? OPP2. Whether the defendants agreed to pay interest @ 18% per annum as alleged? OPP3. Whether the plaintiff is entitled to the recovery of Rs. 5,35,000/- as alleged? OPP4. If issue No. 3 is proved, whether the plaintiff is entitled to get ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-10-2006
Reported in : AIR2006SC811; 2006(2)ALD10(SC); 2006(1)AWC940(SC); 101(2006)CLT758(SC); 2007(1)CTLJ196(SC); JT2006(1)SC287; 2006(1)KLT466(SC); 2006(2)MhLj769; (2006)1MLJ124(SC); 2006(2)MPH
..... this is not a case where the plaintiff had sued only for accounts, paying court fee on a mere rs. 1,000/- under section 35 of the court fee act. the prayer in the suit is for recovery of rs. 2 lakhs towards the value of the work done with an additional prayer ..... and effect as if such court fee had been paid in the first instance. section 4 of the court fee act bars the court from receiving the plaint if it does not bear the proper court fee. section 149 acts as an exception to the said bar, and enables the court to permit the ..... court fee accordingly:__________________________________________________________________s. no. relief valuation cf paid__________________________________________________________________(a) relief (i) under section 35 of rs. 2,00,000 rs. 19,980cf act(b) relief (ii) under section 22 of rs. 1,000 rs. 100c.f. act(c) relief (iii) under section rs. 300 rs. 3025(d)(ii) of the act__________________________________________________________________total rs. 2,01,300 rs .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-10-2006
Reported in : 2006CriLJ1386; 2006FAJ246
..... be gainsaying that the petitioners have been deprived of their valuable right to have the sample re-analysed from the central drugs laboratory under sub-section (4) of section 24 of the act. the petitioners could not notify to the inspector or the court within 28 days of the receipt of the report that they intended to ..... state of punjab v. national organic chemical industries ltd. : (1996)11scc613 this court in somewhat similar circumstances said that the procedure laid down under section 24 of the act deprived the accused to have sample tested by the central insecticides laboratory and adduced evidence of the report so given in his defence. this court stressed the ..... are alleged to have been denied the valuable right of having the sample re-analysed from the central insecticides laboratory as directed under the provisions of section 24(4) of the act.3. after issuance of the notice of the petition, the insecticides inspector submitted his reply. in the reply it is stated that the petitioners .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-10-2006
Reported in : (2006)201CTR(MP)385a; [2006]286ITR370(MP); 2006(2)MPLJ18
..... months r.i. and to pay a fine of rs. 3,000 on each count. applicant no. 1 was found guilty for the offence punishable under section 276c and section 277 read with section 278b of it act and was sentenced to pay a fine of rs. 3,000 on each count.2. the facts of the case which are necessary for the disposal of ..... imposed was deleted in appeal being barred by limitation, by the cit vide ex. p-11 and p-12.3. thereafter, a private complainant under sections 276c and 277 of the act and section 420 read with section 511 of the ipc was filed against the firm, the applicant no. 1 and its three partners including appellant no. 2 by ito before the ..... provisions cannot be construed to be applicable retrospectively. such penal provisions can always have prospective effect and does not have any retrospective effect and, therefore, the provisions of section 278b of the act can be said to be operative only from the date on which they came into force.9. therefore the view taken by the delhi high court in the .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-10-2006
Reported in : (2006)5CompLJ99(Guj)
..... grounds or circumstances to refuse to grant approval to the scheme of amalgamation. on going through the scheme, it appears that the requirements of the provisions of sections 391 to 394 of the companies act, 1956 are satisfied. the scheme is genuine and bona fide and in the interest of shareholders and creditors of the petitioner company. i, therefore, accordingly, allow this .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-10-2006
Reported in : (2006)143PLR19a
..... and subsequently acquired canadian nationality. in view thereof, the respondents are non resident indians and, therefore, entitled to seek eviction of the tenant in terms of section 13-b of the act.7. sarwan singh is admitted to be the landlord by the petitioner in the written statement. the requirement of both the respondents is pleaded. the said ..... the owner of the property in dispute for the last more than five years and, thus, pre-requisite condition to seek eviction under the provisions of section 13-b of the act is satisfied.5. in the present revision petition, aggrieved against the said judgment, it has been argued by learned counsel for the petitioner that the ..... was let out by sarwan singh alone. it was alleged that the respondents arc not non resident indians and, therefore, not covered under the provisions of section 13-b of the act to seek eviction in a summary manner.4. leave to defend the application was allowed by the learned rent controller. after recording of evidence and its .....
Tag this Judgment!