Array
(
    [0] =>  ..... shri benham was a habitual offender as would be evident from his past record. (5) the officer in charge of the aforesaid police station framed a charge under sections 406/379 of the indian penal code against shri benham. after investigation, the said officer in charge prepared final report no. 39, dated may 3, 1953, ..... appeared that the members of the departmental inquiry committee were not able to proceed with the disciplinary proceedings uninfluenced by the view they had already formed while acting members of the fact-finding inquiry committee, and that the way they conducted the proceedings in the regular departmental inquiry did leave an impression that they had .....  judge was not justified in coming to the conclusion that the members of the departmental inquiry committee were influenced by the view they had already formed while acting as members of the fact-finding inquiry committee. it is common ground, as it was before the learned single judge, that the fact-finding inquiry committee ..... 
    [1] =>  .....  it appears that the member secretary of the investigation committee wrote to the petitioners on 20th june 1972 informing them that an investigation committee under section 15 of the act of 1951 has been constituted to look into the affairs of the textile mills of saharanpur and that the committee had decided to hold its  .....  fall within definition of clause 2 (d) (ii). the undertaking also falls within the definition of sub-clause (v) of clause (d) of section 2 of the act. the requirement of that sub-clause is that the management of the undertaking ought to be according to the report made after an investigation by any person ..... textile corporation, kanpur. member-secretary: (3) shri g. a. sheth, deputy director, regional office of the textile commissioner, kanpur.(4) while forwarding the order under section 15 of the act of 1951, the investigation committee was also requested to examine and report on the following specific points : (a)reasons for the present state of affairs; (b) deficiencies ..... 
    [2] =>  .....  when it found that any textile undertaking was being managed in a manner highly detrimental to it or to public interest was to take action under section 18a of act of 1951. but experience was show ing that this remedy was not enough to meet the problem and that some radical measures were necessary to meet ..... made after investigation by any person or body of persons appointed after the 1st day of january, j970 under section 15 or section 15a of the industries (development and regulation) act 1951) taken over under section 18a of that act, but ]n relation to which no notified order authorising any person or body of persons to take over the ..... by an order dated 27-5-1971 the ministry of industrial development and internal trade (department of industrial development). new delhi, appointed a committee under section 15 of the act of 1951 for making full and complete investigation into the affairs of the petitioner undertaking.(13) the order reads as follows whereas the central government is  ..... 
    [3] =>  .....  petitioner has challenged this order in the present revision.(4) the trial court came to the conclusion that the petitioner did not have a prima facie case because the purported act of respondent no. 1 in creating a fresh tenancy in favor of the petitioner even while the procceedings for the eviction of the petitioner's father were pending, did not .....  for the purpose of judicial proceedings, there is no doubt that the occasions on which these provisions are invoked are far to rare in spite of the fact that the acts of perjury and forgery in courts at the lower level has been prevalent almost in a virulent form. this is unfortunate and is apparently attributable either to the indifference of ..... h.l. anand, j.(1) the question that this petition under section 115 of the code of civil procedure raises is as to the precise scope of the functions and the extent of powers of the court when called upon to consider  ..... 
    [4] =>  .....  without any knowledge of the defect in their continuance or functioning as directors. to appreciate this contention it would be necessary in the first instance to read section 290 : '290.acts done by a person as a director shall be valid, notwithstanding that it may afterwards be discovered that his appointment was invalid by reason of any defect  .....  board of directors of a company decides to increase the subscribed capital of the company by allotment of further shares, then unless the requirements of sub-section (1a) of section 81 of the said act, are complied with (a) such further shares shall be offered to the persons who, at the date of the offer, are holders of the ..... have done their best to set right the matter of which they complain, by calling general meetings (vide lindley, l. j. in isle of wight railway company v. tahourdin (1884) 25 ch. d. 320). (33) the ground has now been prepared for. discussing some of the even more important aspects of this case. (34) the english cases  ..... 
    [5] =>  ..... appointed as lambardars by the trust, became officers of the authority. not only this, it was submitted, by virtue of clause (d) to subsection (2) of section 60 of the act, all properties movable and immovable vesting in the delhi improvement trust or the delhi development (provisional) authority shall be deemed to vest in the authority. further, all .....  respondents could, thereforee, be recovered by the trust as if it was an arrear of land revenue in accordance with the provisions of sub-section (1) of section 54-b of the improvement act. (28) it was further submitted that with a view to provide for the development of delhi according to plan and for matters ancillary thereto ..... this brings one to the second part of the submission as to whether the amounts due could be recovered as arrear of land revenue. sub-section (1) to section 54-a of the improvement act envisaged that the government may, upon such terms as may be agreed upon between the government and the trust, place at the disposal of  ..... 
    [6] =>  .....  may be taken of that defect so far as this appeal is concerned. in future, the office should see that all appeals under the act be they under sub-section (2) or sub-section (5) of section 109 of the act are filed in the form of a petition accompanied by an affidavit as required by rule 3. (13) for the reasons stated above,  ..... of the parties should be determined by a competent court. it is not possible to accept the contention on behalf of the appellant that on the analogy of section 155 of the companies act the registrar is bound to refuse to register the assignment or transmission until the rights of the parties have been determined by a competent court. the decision in .....  if there is no statutory enactment. (see clause 37 of the letters patent.) (10) the question, thereforee, is as to the form in which an appeal under section 109(5) of the act is to be filed in the high court. rule 13 referred above applies the rules and forms of the high court mutates mutants to the proceedings under the ..... 
    [7] =>  .....  merriman were charged jointly, on the first count of an indictment with wounding william parry with intent to do him grievous bodily harm contrary to section 18 of the offences against the person act, 1861 frank merriman pleaded guilty to the charge but the respondent john michael merriman stood his trial. it was alleged by the prosecution that frank .....  and b are charged with murder of c, a as having himself done the act of killing and b as being liable for the offence by virtue of section 34 the fact that b is acquitted is no bar to the conviction of a under section 302. the fact that common intention is not established is no bar to the .....  are acquitted, if it accepts the evidence that the said accused acted in concert along with persons, named or unnamed, other than those acquitted, in the commission of the offence'.(40) in the case of prabhu babaji navle (supra) the appellant was charged under section 302 read with section 34, with four named persons. the four others were acquitted.  ..... 
    [8] =>  .....  ' on facts it was found that the trade in tendu leaves was a state monopoly under a valid statute. to work out the power conferred under section 12 of the act for sale of tendu leaves a scheme was formulated for the whole of the state as contained in the tender notice. the tender notice and the agreements entered ..... government because the debt due is an actionable claim within the meaning of section 3 of the transfer of property act and is capable of being transferred as contemplated by section 6 of that act. as the definition of' actionable claim ' in section 3 of the transfer of property act itself shows it means a claim to any debt etc. which the  .....  careful scrutiny of the facts and circmstances which gave rise to the laying down of the proposition that compensation determined under the displaced persons (compensation & rehabilitation) act becomes, by virtue of section 8, a debt due to the displaced person and so, can be attached, unlike the position obtaining under the land acquisition ..... 
    [9] =>  ..... is relevant for the purpose of determining whether the transaction, assuming it to be a transfer of a capital asset, comes within the scope of sub-section (1) of section 52 of the act. sub-section (1) reads as under:- 'where the person who acquires a capital asset from an asses- see is directly or indirectly connected with the assessed .....  veil, we still find the assessed and the company to be two different entities. (34) the controversy is about the second condition in sub-section (1) of section 52 of the act, namely, whether the income-tax officer has reason to believe that the transfer was effected with the object of avoidance or reduction of the liability  .....  the capital asset on the date of the transfer.'(33) there is no difficulty in holding that one of the two conditions prescribed under sub-section (1) of section 52 of the act, namely, that the person who acquires the capital asset from the assessed is directly or indirectly connected with the assessed, is satisfied in the present ..... 
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