Court : Andhra Pradesh
Decided on : Oct-17-2003
Reported in : 2004(2)ALD353; 2004(2)ALT357; [2004]122CompCas796(AP); [2004]51SCL378(AP)
..... the register of the respondent, which was also published in the a.p. gazette vide notification no. 37, page no. 139 on 14-9-2000. sub-section (6) of section 560 of the act provides that the person aggrieved by the striking off the name of the company off the register has to before the expiry of twenty years, apply to this ..... addressed to the liquidator at his last known place of business.19. from a reading of the above provisions, it would become clear that under sub-section (1) of section 560(6) of the act, where the registrar has cause to believe that a company is not carrying on business or in operation, he is empowered to send letter to the ..... to the notice ordered by this court, the respondent filed an affidavit. it is stated that every company which is incorporated under the provisions of the act read with section 3 of the non-trading act, is required to submit annual returns, and as the petitioner has not submitted annual returns from the year 1990 onwards, the name of the petitioner .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-17-2003
Reported in : IV(2004)BC88
..... share of defendant no. 2 is concerned. on the contrary, it is obvious that the decree for specific performance of contract cannot be refused especially when section 4(1) of the act is not at all attracted and cannot be made retrospective or retroactive in operation to show that the transaction is hit by this provision of law.14. ..... appellate court wrongly held that the plaintiff is not entitled to the decree for specific performance of the contract by holding that as per the provisions of section 4(1) of the act, the transaction of purchase of the field by defendant no. 1 in the name of bhagirathibai being a benami transaction, no action or suit would be ..... the ground that defendant no. 1, who purchased the suit fields in the name of his wife bhagirathibai is hit by the provisions of section 4 of the benami transactions (prohibition) act, 1988 (for short the act).3. brief facts are as under;bhagirathibai is the wife of defendant no. 1 arjuna, bhagirathibai died on 2.12.1976. however, defendant .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-17-2003
Reported in : AIR2004Bom406; 2004(3)ALLMR171
..... share of defendant no. 2 is concerned. on the contrary, it is obvious that the decree for specific performance of contract cannot be refused especially when section 4(2) of the act is not at all attracted and cannot be made retrospective or retroactive in operation to show that the transaction is hit by this provision of law.14. ..... appellate court has committed patent error of law by holding that the transaction of sale in the name of bhagirathibai was hit by the provision of section 4(2) and (2) of the act and, as such. the impugned judgment cannot be sustained in law. therefore, it is obvious that the appellate court ought not to have interfered into ..... on the ground that defendant no. 1 who purchased the suit held in the name of his wife bhagirathibai is hit by the provisions of section 4 of the benami transaction (prohibition) act. 1988 (for short the act).3. brief facts are as under :bhagirathibai is the wife of defendant no. 1 arjuna. bhagirathibai died on 2-12-1976. however, defendant .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-17-2003
Reported in : 2004(1)ALD274; (2004)IILLJ46AP
..... members. in the fourth cited decision, our high court held that simply because the industrial unit is a specified industry within the meaning of section 46 of the factories act it is not obligatory on the factory to get the canteen work done by its own workers without entrusting it to a contractor. the ..... run in the company premises for the purpose of serving essential food items to the workmen. the appellant filed the appeal petition under section 75 of the esi act before the employees state insurance court-cum-industrial tribunal, hyderabad. the respondent-corporation filed written statement contending that the appellant is the principal employer of ..... employees of the appellant company and hence there is no obligation on its part to pay the esi contributions. the respondent - corporation passed orders under section 45-a of the esi act, 1948 (as amended) and directed the appellant to pay rs. 21,785/- towards esi contributions in respect of the employees working in the canteen .....
Tag this Judgment!Court : Orissa
Decided on : Oct-17-2003
Reported in : 2003(II)OLR549
..... court except with the sanction of the state government.sub-section (2) of section 132 stipulates that no executive magistrate or police officer acting under sections 129 to 131 crpc in good faith shall be deemed to have thereby committed an offence.6. a cumulative reading of ..... i have no hesitation to hold that both the courts below have lost sight of the purpose of legislation and enactment of sections 132 and 197 in the code of criminal procedure and have acted erroneously and in excess of the jurisdiction conferred upon them.the petitioner, an officer of the orissa administrative service, and an ..... the duty to maintain law and order to use armed forces to disperse the assembly if contingencies arise.5. section 132 crpc gives protection to any person against any act purported to have been done under section 129 or 130 or 131 crpc and stipulates that no prosecution against such person shall be instituted in any criminal .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-17-2003
Reported in : 2004(1)ALD380
..... certainly it would attract the appropriate duty. if the agreement provides that possession will be handed over on the execution of a conveyance as contemplated under section 11 of the mof act, then the explanation shall not be attracted at all. in the present case, it is clear that in the terms of the agreement there is ..... of such instruments mentioned in entry 91 of list i - union list of the seventh schedule to the constitution. a duty is leviable under section 3 of the bombay stamp act which indicates the instruments executed in the state or those outside the state but brought into the state for the first time relating to any property ..... 1999]1scr302 , while dealing with a similar question in a slightly different context relating to agreement of sale executed in terms of section 4 of maharashtra ownership flats (regulation of the promotion of construction, sale, management and transfer) act, 1963, the apex court at paras 7 and 8 held :'under entry 44 of list iii - concurrent list of the .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-17-2003
Reported in : 2004(1)ALLMR3; 2004(3)BomCR333; (2004)ILLJ885Bom
..... the constitution of india. in respect of the claim for payment of gratuity, mr. cama submits that the ongc is established under the ongc act, 1959. under section 32 of the act, regulations have been framed governing the service conditions of the employees of ongc. these regulations include regulations in respect of payment of gratuity and therefore ..... any day of the preceding 12 months and such other establishments notified by the central government where 10 or more employees are employed. under section 4 of the act, gratuity is payable to all employees employed in the aforesaid establishments at the rate of 15 days' wages per year of service. however ..... is nothing inconsistent between them and, therefore, the regulation will prevail over the payment of gratuity act.8. the payment of gratuity act has been enacted as a special legislation for the purpose of payment of gratuity. section 1(3) of the act is applicable to every factory, mine, oil field, plantation, port, railway company as well as .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-17-2003
Reported in : 2004(1)ALLMR34; 2004(2)ARBLR101(Bom); 2004(3)BomCR165; [2005]123CompCas11(Bom); (2005)3CompLJ258(Bom); [2004]51SCL476(Bom)
..... the court. the learned single judge, therefore, was of the view that it would be appropriate to make an order under sub-section (4) of section 34 of the arbitration and conciliation act, 1996 ('the act') to direct the arbitral tribunal to resume the arbitral proceedings and to record a finding on this aspect of the matter.6. having ..... payable by the appellant in respect of the transactions completed earlier. the arbitral claim was accordingly allowed.4. the appellant thereupon filed an arbitration petition under section 34 of the act in which the learned single judge delivered judgment on 5th june, 2003. the learned single judge noted in the course of the judgment that no submission ..... .1. this appeal arises out of an order passed by mr. justice d.k. deshmukh on 5th june, 2003 in an arbitration petition instituted under section 34 of the arbitration and conciliation act, 1996.2. on 21st june 2001, the first respondent submitted a claim for the recovery of a net amount of rs. 3,46,89,636 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-17-2003
Reported in : 2003(2)ALD(Cri)935
..... to murder within the meaning of section 300 ipc. section 299 ipc reads that whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with ..... counsel for appellants contended that the lower court gave a finding that the appellants had no intention to kill the deceased and the act of appellants definitely falls either under category-ii, iii or iv of section 300 ipc and the finding of the trial court that causing of injuries to the deceased by accused 1 to 7 would amount ..... the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.14. in view of section 300 ipc, except in the cases covered by the five exceptions mentioned therein, culpable homicide is murder. it is well known that .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-17-2003
Reported in : 2004(4)BomCR434; 2004(2)MhLj80
..... has been passed in respect of original defendant no. 1 and therefore they sought the permission of the court to seek leave of the registrar under section 107 of the societies act. the trial court without granting them an opportunity to approach the registrar, who was also a defendant before the court, should not have rejected the ..... .13. the contention of the appellant that the trial court ought to have given them permission to seek leave from the registrar as contemplated under section 107 of the societies act finds favour with this court as there was no reason for the trial court to have outrightly rejected the plaint merely on raising a preliminary issue ..... against the remaining defendants for whom there was no such necessity of seeking the leave from the registrar as they do not enjoy the protection provided under section 107 of the societies act.6. mr. bhangde, learned counsel, for the appellant submitted that in view of the decision of this court in vysya bank ltd. v. official .....
Tag this Judgment!