Court : Andhra Pradesh
Decided on : Nov-21-2003
Reported in : [2004]135TAXMAN339(AP)
..... mandatory which is also the interpretation given to this rule by supreme court. but as already observed by us this rule has to be read only with section 29 of the act, which makes this rule applicable as far as possible and with necessary modifications. supreme court interpreted the corresponding provisions of the code of civil procedure, ..... a period of seven days from the date of auction to deposit 25% of the bid amount. in view of the phraseology employed in section 29 of the act, the discretion exercised by the debt recovery officer while following the rule 57, in our considered view, would not vitiate the auction proceedings. this modification thus ..... with necessary modification to the extent necessary.29. in the instant case, the debt recovery officer, having regard to the discretion confer-red on him by section 29 of the act, instead of providing that 25% of the amount will be deposited immediately on declaration of the successful bidder as is provided in rule 57(1), fixed .....
Tag this Judgment!Court : Central Administrative Tribunal CAT
Decided on : Nov-21-2003
Reported in : (2005)(2)SLJ32CAT
..... threat to the applicant's defence assistant and took no action against the concerned person. it was expected that the management and its officials would act fairly in conducting the disciplinary proceedings against the delinquent officials but unfortunately in the present case the senior officer of the management/respondents and a ..... 24.7.2000; the directions issued by this tribunal vide order dated 11th august, 2000 in o.a. no. 659/2000 remained uncomplied with; respondents acted in complete violation of the provisions of ccs(cca) rules; there had been procedural irregularities which caused serious prejudice to the applicant, which also resulted in ..... fair play, natural justice and legitimate expectation; that enquiry officer did not take the proceedings seriously and conducted the same with closed mind and therefore, acted with malafides and bias approach; neither the enquiry authority, nor the disciplinary authority considered the gravity of the defence assistant letter dated 9.6.2000 .....
Tag this Judgment!Court : Company Law Board CLB
Decided on : Nov-21-2003
Reported in : (2005)124CompCas584
..... not convened a meeting to consider the requisition given by the petitioners. the petitioners had given a notice dated 13^th march 2001 to the company. in terms of section 169 of the act the board has 21 days time from the date of receipt of the requisition to convene an eogm. just because, the 2^nd and the 3^rd petitioners ..... debabrata and barindranath claim that they form a single group and were having majority shares in the company. the petitioners gave a requisition notice to the company under section 169 of the companies act on 13^th march, 2001 for holding an eogm of the company for appointment of one shri d.k. basu to the office of director in terms of ..... section 257 of the act. they also issued a notice dated 27^th march, 2001 for convening a board meeting on 2^nd april, 2001 to consider the requisition notice on the ground that the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-20-2003
Reported in : JT2003(9)SC218; 2003(10)SCALE1; (2004)9SCC512
..... incorporating 'goods or materials wherever supplied to a ship for her operation or maintenance' as a maritime claim. having regard to the provisions contained in section 6 of admiralty court act, 1840 and section 5 of admiralty court act, 1861 it was held:'in other words, what is now called a claim in respect of goods or materials supplied to a ship for her ..... england was, however, extended to cover matters in respect of which there was no maritime lien, i.e., necessaries supplied to a foreign ship. in terms of section 6 of the admiralty act, 1861, the high court of admiralty was empowered to assume jurisdiction over foreign ships in respect of claims to cargo carried into any port in england or wales ..... of an insurance policy; 'unless the ship is benefited the ship should not pay.' in re petition of insurance co. of pennsylvanis, 22. f.109, 116 (n.d.n.y.1884), aff'd sub non. insurance co. of pennsylvania v. the proceeds of the sale of the barge waubauschene, 24 f. 559 (c.c.n.d.n.y.1885). it .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-20-2003
Reported in : AIR2004Kant177; ILR2004KAR277
..... filed beyond 45 days. while considering the question of delay, the court was called upon to consider the notification issued by the chief justice under section 23(2) of the mysore high court act, 1884. as per the notification, the karnataka high court was recessed for summer vacation from 17.4.1972 to 21.5.1972. the notification read, ..... as follows: ' election petitions presented to the high court under section 81 of the rp act, 1951 will however be received during the vacation'. this court held that ..... upon information received and believed to be true. thus, a reading of the verification column of the election petition and order 6 rule 15, cpc and section 83 of the rp act, 1951, it is clear that the election petition has been verified in accordance with the above provisions. hence, the issue is answered in favour of the .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-20-2003
Reported in : ILR2004KAR1245
..... conducted showed that the 3rd respondent is an ordinary resident within the shanthinagar assembly constituency.5. aggrieved by the said order, petitioner preferred an appeal under section 24 of the rp act, 1950 before the chief electoral officer. the appellate authority by an order dated 21.10.2002 rejected the appeal with an endorsement 'that the appeal cannot ..... the appeal holding that 'the passport issued to the 3rd respondent shows that the 3rd respondent was an ordinary resident of bangalore within the meaning of section 20 of the rp act, 1950. since the 3rd respondent was already registered as a voter and his name is sought to be deleted, there is a presumption in law that ..... of being heard in respect of the action proposed to be taken in relation to him. 25. the meaning of the expression 'ordinary resident' occurring under section 20 of the rp act, 1950 came up for consideration before the hon'ble supreme court in the case of union of india v. dudh nath prasad (supra) referred to by .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-20-2003
Reported in : 2004(1)ALD122
..... the purpose mentioned in the notification is as under:for parking of vehicles and to control vehicular traffic near community hall'invoking powers under section 17 of the act, the enquiry under section 5a of the act was dispensed with. the 2nd respondent approved the notifications.6. in the light of these facts, it needs to be seen as to ..... for providing parking place therefor. the only remedy at the stage of taking decision as to acquisition, which is accorded to the aggrieved party under the act, is an enquiry under section 5a. the scope of this enquiry is very limited. the time that is required to be given to the affected parties to submit their explanations ..... the district collector, the 2nd respondent, to issue notifications is challenged. the petitioner also challenges the action of the respondents in invoking the urgency clause under section 17(4) of the act.3. in the counter-affidavit filed on behalf of the petitioners, it is stated that in an extent of ac. 1-15 cents of government .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-20-2003
Reported in : JT2003(10)SC485; 2003(10)SCALE202; (2004)11SCC26
..... trade. no doubt conditions restrictive of freedom of trade among the states will frequently involve a discrimination; but that is not essential or decisive. an act may contravene section 92 though it operates in restriction both of intra-state and of inter-state trade.'149. however, in india part xiii of the constitution relates both ..... but it would depend upon the nature of the mischief which is sought to be remedied. for the aforementioned purpose dealing in liquor, trading in dangerous goods as explosives, trafficking in women, toutism, essential commodities and realisation of tax have been placed in the same category. [see har shankar v. dy excise commer. of taxation ..... impermissible.81. a subsidiary question which arises for consideration is as to whether the state of punjab, having regard to section 33a of the punjab act, could levy such duty. in sub-section (1) of section 33a provision has been made permitting the state to continue to levy any duty which it had lawfully been levying .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-20-2003
Reported in : 2004(2)ALLMR59; 2004(1)MhLj941
..... down in those provisions are fulfilled and unless those conditions are satisfied there can be no termination. according to him in such event the issuance of notice under section 106, transfer of property act is redundant. in support of these submissions the learned counsel for plaintiff/respondent cited v. dhanapal chettiar v. yesodai ammal, : [1980]1scr334 . he ..... sufficient and it is not obligatory to found the proceeding on the basis of the determination of the lease by issue of notice in accordance with section 106, transfer of property act.6. the relevant observations on which the counsel for plaintiff/respondent placed reliance in the case of hindustan ferrodo ltd. are as below:'it is ..... notice in writing of the demand of standard rent or permitted increase has been served upon the tenant. in fact that is not a notice under section 106, transfer of property act but it is to be served in that manner. that is a special provision for the purpose of eviction on the above ground. it cannot .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-20-2003
Reported in : AIR2004Kant119
..... of objections have been filed on behalf of the respondents. it is asserted that the action on the part of the registering authority in invoking the provisions of section 33 of the act was perfectly justified; that on a reference by the concerned. registering authority, the deputy commissioner of stamps, the third respondent, has correctly determined the duty payable ..... the petitioner to pay an additional stamp duty in a sum of rs. 86,050/- as per an order dated 23-6-2000 passed under section 45-a of the karnataka stamp act, 1957 ('the act' for short) (copy at annexure-d) and the appellate order dated 6-3-2002 passed in s. a. p. 7/2001-02 by ..... writ petition.5. sri nanjundaswamy, learned counsel for petitioner has drawn my attention to the definition of 'an instrument of partition' as defined under section 2(1)(k) of the act particularly clause (3) of section 2(1)(k), which reads as under :--' 'instrument of partition' means any instrument whereby co-owners of any property divide or agree to .....
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