Court : Rajasthan
Reported in : [2009]148CompCas843(Raj); [2007]76SCL157(Raj)
..... ble company court, as long as the company was not wound up, the hon'ble supreme court held that the act of the company court was invalid.given the concept of limited jurisdiction of high court, under section 20(4) of sica as against section 536(2) of companies act, hon'ble supreme court held, that on a correct reading of the companies act, 1956, the company court cannot be accepted to be possessed with the power to order sale, and that by law ..... bihar state industrial development corporation [2005] 10 scc 179, it was propounded that the bifr is the expert body to deal with rehabilitation of sick industries and the high court should not ..... efforts to keep a company from becoming insolvent and even to revive an insolvent corporate have been receiving legislative and executive support, as would be evident from several parliamentary acts, as for example the sick industrial companies (special provisions) act, 1985 and the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002.para 38 : in view of our findings aforementioned, we are of the opinion that the appellants herein having failed ..... europe, and the levy of anti-dumping/anti-subsidy duties by the european union as a result whereof sales to european countries came down drastically.para 31: a restructuring package was evolved at the instance of industrial development bank of india, which was largest lender and the trustee upon obtaining a report in that behalf from kmpg, a reputed concern. .....
Tag this Judgment!Court : Rajasthan
Reported in : (2007)210CTR(Raj)94
..... a federal co-operative society, being a society engaged in the business of supplying milk, oilseeds, fruits, or vegetables, as the case may be; or(ii) the government or a local authority; or(iii) a government company as defined in section 617 of the companies act, 1956 (1 of 1956), or a corporation established by or under a central, state or provincial act (being a company or corporation engaged in supplying milk, oilseeds, fruits or vegetables, as the case may be, to the public),the whole of the amount of profits and gains of such business;(c) in the case of a co-operative society engaged ..... court from which the appeal was before the court as well as the gujarat high court while considering the analogous provision of section 80p(2)(e) of the it act, 1961, that the provision for exemption was intended to encourage co-operative societies to construct warehouses which were likely to be useful in the development of rural economy and exemption was granted from income-tax in respect of income derived from the letting of such warehouses for ..... ' by including forward contracts arrogate to itself a power which is not conferred upon it by the government of india act, or for that matter by constitution of india and the definition of 'sale' in section 2(h) of the act xv of 1948 must, to that extent, be declared 'ultra vires'.it was further said:it would be proper to interpret the expression 'sale of goods' in entry 48 in the sense in which it was used in legislation both in england and india .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(1)Raj344
..... requirement under the 1959 act for the purposes of development, meaning thereby for the purposes of development work in the residential area of the city.again on february 18, 1984 notice under section 52(5) of 1959 act was issued wherein it was indicated as under:the acquisition of aforesaid land is being dene for jaipur development authority jaipura close look at the aforesaid notices demonstrates that the land was acquired for the purposes of development of jaipur city. ..... thus:.the delay between 1975 to 1984 is explained by the various representations and objections filed by the petitioner itself and it is very clear that the petitioner could stall the finalization of declaration under section 52(1) of the act upto 1984 though the report of the land acquisition officer recommending the land acquisition while deciding the initial objections of the petitioner company was given way back on 29.4.1976. ..... definitions are, i think, rather to be avoided where the avoidance is possible, and i make not attempt to define precisely the extent of the phrase 'public purpose' in the lease; it is enough to say that, in my opinion, the phrase, whatever else it may mean must include a purpose, that is, an object or aim, in which the general interest of the community, as opposed to the particular interest of individuals, is directly and vitally concerned' received the approval of privy council.10. in hindustan petroleum ..... nanji 1956 scr 18 and observed as under:in hamabai's case .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(1)Raj48
..... letter dated 3.3.1997 which was withdrawn vide letter dated 9.6.2000 as the provisions of sections 27, 41, 41a and 44 of the state financial corporation act, 1951 (hereinafter called in short the 'act of 1951') were made applicable to the punjab state industrial development corporation vide notification dated 5.10.1989.6. ..... and to protect the financial interest of the state the punjab state industrial development corporation was given a right under article 128(a) of the articles of association and under article 158 of the articles of memorandum to nominate directors on the board of the aforesaid ..... the punjab state industrial development corporation which is wholly the state owned financial institution of the punjab state, extended financial assistance ..... he had exercised due diligence to prevent the commission of such offence.provided further that where a person is nominated as a director of a company by virtue of his holding any office or employment in the central government or state government or a financial corporation owned or controlled by the central government or the state government, as the case may be, he shall not be liable for prosecution under this chapter.the aforesaid second proviso regarding nominee directors was inserted vide amendment ..... a company duly incorporated and registered under the companies act, 1956. ..... , the relevant facts which are not disputed are that complainant-non-petitioner is a company duly incorporated and registered under the companies act, 1956. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(3)Raj2424; 2006(4)WLC515
..... means a whole body of teachers and scholars engaged at a particular place in giving and receiving instruction in the higher branches of learning and as such persons associated together as a society or corporate body, with definite organization and acknowledged powers and privileges and forming an institution for promotion of education in higher or more important branches of learning and also the colleges, buildings and other property belonging to such body ..... (k) 'icar' means the indian council of(1)(a) an application containing the agriculture research, a societyproject report to establish a university registered under the societies re-for carrying out any or all the objectives iteration act, 1860 (central act no.21 ofenumerated in section 3 of the adhiniyam 1860);shall be made to the regulatory com- (1) 'mci' means medical council ofmission form as may be prescribed, at india, delhi;least one year before the date ..... body to(d) the nature of faculties, courses of the state government, alongwith suchstudy and research proposed to be fee as may be prescribed.started; (2) the project report must contain the(e) the campus development such as following particulars, namely:-building, equipment and structural (a) the details of the sponsoring bodyamenities; alongwith the copies of its registration(f) the phased outlays of capital expen- certificate, constitution and bye-laws ..... private university to conform to the relevant provisions of the ugc act, 1956 as amended from time to time. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(4)Raj2791; 2006(4)WLC90
..... commissioner of commercial taxes, bangalore : (2005)2scc129 has held that provision for furnishing original form c to claim concessional rate of tax is the requirement of the provisions of central sales tax act, 1956 and has observed as follows:-we also realize that the section and the rules as they stand may conceivably cause hardship to an honest dealer. ..... in movement shall-(a) carry with him a goods vehicle record including 'challans' and 'bilties', bills of sale or despatch memos and prescribed declaration forms;(b) stop the vehicle or carrier at every check-post set up under sub-section (1);(c) produce all the documents including prescribed declaration forms relating to the goods before the incharge of the check-post;(d) give all the information in his possession relating to the goods; and(e) allow the inspection ..... guilty intention or in other words, the requisite mens rea' to commit the alleged offence with which he is charged before recording his conviction, the obligation on the part of the directorate of enforcement, in cases of contravention of the provisions of section 10 of fera, would be discharged where it is shown that the 'blameworthy conduct' of the delinquent had been established by willful contravention by him of the provisions ..... an undue indulgence and leniency in favour of the tax evaders on technical or misplaced sympathetic ground leads to serious consequences affecting the revenue and, as such, development and security of the state. ..... mctm corporation pvt. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(2)Raj1112; 2006(2)WLC488
..... vyas, aag, learned counsel appearing for the respondent jda contended before the court that a bare perusal of definition of word 'improvement' as defined in section 2(1)(vi) of the act of 1959 would show that the public purpose laid down in the impugned notice and final declaration was covered ..... contended that on the other hand, the petitioner itself was guilty in delaying those proceedings from 1975 to 1984 by making various representations objecting to the land acquisition proceedings thereby tremendously increasing the costs of development of the said land in question now (iii) that there was genuine and valid public purpose behind acquisition of the land in question and (iv) that thee was no malafides, either the malice-in- ..... (iii) that there was gross delay on the part of the state government in undertaking and completing the land acquisition proceedings in question as the proceedings which were started on 25.6.1975 vide notice under section 52(2) of the act and the final declaration in respect of the same was issued only on 8.2.1984 vide annex 12 and therefore after about lapse of 9 years since the government had set over the matter, the ..... so also he judgment in the case of hindustan petroleum corporation (supra) is of no assistance to the petitioner as in the present case, not only the record was produced before the court for satisfying the court about the public purpose behind the ..... a private limited company registered under the companies act, 1956 in calcutta and petitioner no. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2006Raj148; RLW2006(2)Raj1130; 2006(2)WLC8
..... 1974 was taken on appeal to this court by the aggrieved assessee in national coal development corporation ltd. v. ..... as per section 89(7) of the rajasthan land revenue act, 1956, any person who without lawful authority extracts or removes mineral from any mine or quarry, is liable to ..... as regards rule 18(1)(a), the counsel for the respondents has submitted that the said condition is not to be read in isolation and is required to be read along with the definition of the royalty under rule 3(xx) as well as rule 18(9)(a) of the rules of 1986, according to which royalty is payable on excavation and a lessee is required to keep correct and regular accounts of all the minerals excavated from ..... the submission of the counsel for the respondents is that as per the definition of royalty under rule 3(xx) of the rules of 1986, the 'royalty' means the charge payable to the government in respect of any ore or mineral excavated, removed or utilized from any land as prescribed in ..... the respondents have filed reply submitted therein that as per the definition of royalty under rule 3(xx) of the rules of 1986, the 'royalty' means the charge payable to the government in respect of any ore or mineral excavated, removed or utilised from any land as prescribed ..... the combined reading of the definitions would reveal that rule 18(1)(a) is to be read with rule 3(xx) and rule 18(9)(a), according to which the lessee shall keep the current regular accounts of all minerals excavated from the mines and is liable for .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(2)Raj1359; 2006(2)WLC142
..... arise when audit report was given by the office of the accountant general whereby the petitioner company was made liable to make the charges of raw water from 1.1.1956, the gate of enforcement of the rajasthan land revenue act, 1956 and demand was raised by the collector, bundi vide notice dated 27.1.1984 under section 88 of the rajasthan land revenue act stating that the petitioner company is regularly using every year 38,82,38,4000 gallons of raw water. ..... it is stated on behalf of the respondents that water charges are recoverable from the petitioner under section 88 of the rajasthan land revenue act, 1956 because all rivers vests in the state government, therefore, the state government is entitled to recover charges of use of water from natural resources or any other resources in which natural water is restored.24. ..... in the year 1975, the lease was renewed as per model form k of mining lease provided under rule 31 of the mineral concession rules, 1960 made under mines & minerals regulation and development act, 1957 pursuant to the declaration made by the central government under list 1 schedule 7 of the constitution of india.7. ..... the definition 'land' includes the right to the water flowing therefrom as in the definition in the transfer of property act. ..... looking to this fact and the ratio decided by hon'ble supreme court in case of whirlpool corporation. v. ..... in support of his submissions, he placed reliance on the judgment rendered in case of whirlpool corporation. v. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2006Raj87; RLW2006(2)Raj1206; 2006(1)WLC755
..... also held in the case of national mineral development corporation ltd. ..... in the case of national mineral development corporation ltd. ..... mineral development corporation ltd. ..... was considered by the hon'ble apex court in the case of national mineral development corporation ltd. v. ..... for the respondents, the case of national mineral development corporation ltd. ..... the rates of royally to be charged on different minerals removed or consumed from the mining lease area under section 9(3) of the mines and minerals (development and regulation) act, 1957 (for short 'the act of 1957'). ..... 2003 before this court against the demand notices dated 22-12-2001, 23-12-2001 and 4-1-2002 respectively and for declaration that the royalty is to be calculated under the act and the rules on the metal in concentrate and for refund of money paid as royalty by the petitioner under protest on tailings which were stored in the ..... and 64d are very relevant and before that it will be relevant to mention again here as per the law laid down by the hon'ble apex court in the case of national mineral development corporation ltd. ..... : (2004)6scc281 wherein hon'ble the apex court considered the definitions of tailings, concentrate, run-of-mine and beneficiation which are the terms used in reference to the process of mineral extractions, its beneficlation ..... the filing of this writ petition are that the petitioner is a company incorporated under the companies act, 1956 and is engaged inter alia in the business of mining of zinc and lead. .....
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