Court : Chennai
Decided on : Nov-15-1989
Reported in : (1990)1MLJ466
..... availability of the daily official list of the stock exchange limited to the general public thus defeats the very object for which the legislature enacted section 154 of the companies act. it is therefore futile to content that the issuance of the information about the closure of the registers in the daily official list should ..... filing of the writ appeals.3. one of the crucial points raised before the learned judge and in these appeal, is whether the requirements under section 154 of the companies act are mandatory or only directory in nature. after referring to the meaning ascribable to the expression, 'newspaper' as found in various dictionaries and different ..... of the company are listed on the madras stock exchange. second respondent (ranking of parties as in writ petitions) moved the company law board under section 111 of the act for directing the rectification of the register of members of the company by entering the names of the respective second respondents in relation to the shares .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Nov-15-1989
Reported in : (1990)(48)ELT526Tri(Mum.)bai
..... delay and directed this tribunal to hear the reference application on merits.3. in this reference application, the applicants have prayed for reference to the high court under section 130 of the customs act on the following grounds :- (i) whether or not, on a correct interpretation of the provisions of the import policy for 1983-84 (volume i) the rep import licence ..... law. in any case when the interpretation put by him is probable and when the tribunal has taken a contrary view, there is a case, where reference under section 130 of the customs act be made to the high court.7. shri k.m. mondal, the learned sdr, for the department, objected the prayer on the ground that the questions involved here ..... that no interpretation, other than the one made by the tribunal appears probable, and that therefore, the point poised by the learned advocate for reference to the high court vide section 130 of the customs act cannot survive.
Tag this Judgment!Court : Karnataka
Decided on : Nov-13-1989
Reported in : AIR1990Kant251; ILR1990KAR101; 1990(1)KarLJ18
..... commissioner or the excise commissioner to grant the licence; it has to be read as defining the respective jurisdiction of the two authorities, to grant the licensesunder sec. 15 of the act, in case, anyone is, otherwise entitled to obtain the licence. social purpose, like the concept of 'public interest' or 'public policy' is incapable of ..... of such leases may differ from subject to subject. it is not possible for us to agree with the contention of the petitioners that, lease unde sec. 17 of the act, requires, prior elaboration of the terms of lease, and documentation of those terms, especially, when, the lease is granted to a company owned or controlled ..... court subsequently. the conclusion reached in vijaya wine store's case, no doubt, is justifiable by the application of art. 261 of the constitution read with sec. 12 of the act. the impugned action and the inaction of the excise commissioner in vijaya wine store's case, also could dc, stigmatised as arbitrary and unreasonable. 18. .....
Tag this Judgment!Court : Chennai
Decided on : Nov-13-1989
Reported in : (1990)1MLJ216
..... government and it cannot override the fundamental rule. tamil nadu municipal services (discipline and appeal) rules, 1970 is concerned with the penalties and sub rules 3 and 4 to section 34-3 deal with the reduction to a lower rank in the seniority list or to a lower post or time scale or to a lower stage in a time ..... as amended from time to time as applicable to government servants, shall apply in so far as they are not inconsistent with the rules made under the district municipalities acts 1920 (tamil nadu act v of 1920), rule 29 of the fundamental rules reads as follows:if a government servant is reduced as a measure of penalty to a lower service, grade ..... petitioner was directly recruited to the post of bill collector and that he cannot be reverted to a lower post of the cadre of chairman in which he had not acted previously and that the period of reversion has not been specified resulting in reversion as a permanent measure. it is further stated in the counter-affidavit that the charges .....
Tag this Judgment!Court : Delhi
Decided on : Nov-11-1989
Reported in : 1990ACJ484; ILR1990Delhi370
..... the judgment the supreme court dealt with the argument and held that the restrictions placed with regard lo defenses available to the insurer under sub-section (2) of section 96 of the motor vehicles act are applicable to a case where the insurer wants to avoid his liability and where the insurer does not want to avoid its liability but ..... the argument advanced by mr. goyal is that the defenses that the insurer is entitled to advance arc limited to the defenses provided in sub-section (2) of section 96 of the motor vehicles act. it is in that context that he stresses the fact that the insurance company is not entitled to press into since its defense that its ..... do not mean that the limit of the liability with regard to third party risk becomes unlimited or higher than the statutory liability fixed under sub-section (2) of section 95 of the motor vehicles act. the supreme court further held that if the risk in excess of statutory liability is sought to be covered it has to be clearly specified .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-11-1989
Reported in : AIR1990P& H339; (1990)97PLR123
..... for admission out of the reserved quota of backward class. she had secured 53.44 per cent marks which was below the minimum standard prescribed was 55 per cent. the act of the chairman of the department of m.phil (hindi) in declining admission to the petitioner on merit and arbitrarily admitting darshan devi, respondent no. 4, was challenged in the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-10-1989
Reported in : II(1990)DMC16
..... reliefs on the ground of desertion by her husband. pending disposal of the above op she filed an application ia no. 1679 of 1987 under section 24 of the hindu marriage act and section 151 cpc for interim maintenance. no oral evidence was adduced on behalf of the wife but exs. a-1 to a-6 were marked on ..... the right in the course of the administration of justice. it was also contended that the grant of interim maintenance was permitted both by section 151 cpc and section 18 of the hindu adoptions and maintenance act. following the decision of the madras high court in mahommed abdul rahman v. tajunissa begum, : air1953mad420 and several decisions of the other ..... that the court had no jurisdiction to grant interim maintenance in a case where the very right to maintenance was in contest and neither section 151 cpc nor section 18 of the hindu adoptions and maintenance act, 1956 authorised the award of interim maintenance. but on behalf of the wife it was contended that it is the inherent right .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-10-1989
Reported in : AIR1990MP120
..... from the right to sit in an examination and to receive a degree on the basis thereof. the sole basis for the impugned prohibition, evidently, is section 24(1), clause (iii), of the advocates act, 1961. a person can be qualified to be admitted as an advocate if he has obtained a degree in law, 'after undergoing a three-year ..... they be expected to pick up the expertise and attributes to fulfil that role? it is true that under section 7(1)(h) of advocates act, the bar council of india is required to 'promote legal education' and to frame rules under section 49(1)(d) to 'prescribe the standards of legal education', but the caption of the relevant rules ( ..... university under the adhiniyam, in view of the provisions of sub-sections (17), (20) and (36) of section 6 of the adhiniyam read with section 35(j) and section 37, clauses (i) and (iii), is not affected, indented or impaired in any manner by any of the provisions of the advocates act. it will be well within the competence of the university .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-10-1989
Reported in : ILR1989KAR3473
..... deserve to be rejected. 5. in order to appreciate the contentions raised by the appellant it is necessary to refer to a few relevant provisions of the act. section 2(f-2) of the act defines 'business' as follows : '2(f-2) 'business' includes, - (i) any trade, commerce or manufacture or any adventure or concern in ..... therefore, any transaction which is incidental or ancillary to the main business also constitutes a business. indeed, such provisions are available under the bengal finance (sales tax) act, as amended from time to time, which was the subject matter of consideration by the supreme court in member, board of revenue, west bengal v. controller of ..... this case as necessarily incidental or ancillary to the business of insurance. therefore, the conclusion is irresistible that the appellant becomes a dealer for purposes of the act which includes a casual trader who also carries on an activity which is business. 6. however, the learned counsel for the appellant relied upon three decisions, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-10-1989
Reported in : [1990]184ITR70(AP)
..... warner hindustan ltd. v. cit : [1988]171itr224(ap) , the income-tax appellate tribunal referred the following two questions among others to the high court under section 256(1) of the act (at p. 227) : 'whether, on the facts and in the circumstances of the case, the sum of rs. 18,000 paid by way of legal ..... answered accordingly. 24. immediately after the pronouncement of the judgment, sri ratnakar, learned counsel for the assessee, requested that a certificate be issued under section 261 of the income-tax act in regard to questions 1 and 2 for preferring an appeal to the supreme court. on the first question, we are unable to certify that ..... (ap) . he says that, by issuing bonus shares, no additional amount is received by the company and, therefore, different consideration should govern. 8. section 37 of the income-tax act provides, inter alia, that any expenditure not being in the nature of capital expenditure or personal expenses of the assessee laid out or expended wholly and exclusively .....
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