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Nipha Exports (P) Ltd. Vs. Employees' State Insurance Corporation

Court : Punjab and Haryana

Reported in : (2003)IIILLJ789P& H

..... corporation and medical benefit council and their powers and functions etc. chapter iii contains provisions relating to finance and audit. chapter iv deals with contributions. section 39(1) and (2) which find place in that chapter lays down that the contributions payable under the act in respect of an employee shall comprise contributions payable by the ..... . with great respect, we are unable to approve the ratio of that decision because it runs contrary to the scheme of the act and the concept of damages embodied in chapter vii thereof and also the judgment of the supreme court in organo chemical industries v. union of india, (supra) to which ..... arguments of the learned counsel, but have not felt persuaded to agree with him. the act was enacted by the parliament to provide certain benefits to the employees in case of sickness, maternity and employment injury. chapter ii thereof contains provisions for establishment of employees' state insurance corporation, its constitution, constitution of .....

S.R. Batliboi and Co. Vs. Department of Income Tax (investigation)

Court : Delhi

Reported in : (2009)224CTR(Del)369; [2009]315ITR137(Delhi); [2009]181TAXMAN9(Delhi)

..... 149 are pressed into service, section 153(2) mandates broadly that the assessment must be completed within one year. sections 153a, 153b and 153c were introduced by the finance act, 2003 with effect from 1.6.2003. in essence, section 153a has in focus the 'case of a person where a search is initiated or any assets are ..... used synonymously in singular. this is the user which commends itself to our thinking, to protect against the peril of the provision being perceived as ultra vires of chapter iii of the constitution. so far as section 275b is concerned, it does not resolve the conundrum before us, since the notice under that provision is under siege ..... against the pernicious possibility of a 'police-raj' was forcefully articulated. the triple tests distilled by the 7 judge bench in maneka gandhi v. union of india : [1978]2scr621 were reiterated viz. that a law interfering with personal liberty must (a) be consonant with a prescribed procedure which should, (b) be compliant with one or more .....

Reserve Bank of India, Bangalore Vs. Dhanalakshmi Funds (India) Ltd., ...

Court : Chennai

Reported in : [1987]62CompCas439(Mad)

..... board of directors. the sessions court then observed that it was unfortunate that the reserve bank of india has not acted under the provisions of chapter iii b, which was open to it and has chosen to act under chapter iii-c of the act. it also observed that under the circumstances, the administrators of the company to whom the records now belong, would not ..... the case of a firm, excluding in either case depositors who are relatives of the individual or any of the partners. messrs. dhanalakshmi consolidates finance and industrial investments, 158 commander-in-chief road, madras 105, and asian integrated finance and industrial corporation, 95 mount road, madras 2 are two partnership firms, hereinafter referred to as the firms. on the belief entertained that .....

Dr. Vikhe Patil Foundation’s Vikhe Patil Memorial School ...

Court : Mumbai

..... appropriate government or the local authority, as the case may be. ? 8. the rte central rules 2010 are framed by central government in view of section 38 of the rte act. chapter v of these rte rules describe responsibilities of schools and teachers ? with regard to the admission of children belonging to weaker section ? and disadvantaged group[ . rule 11(3) reads as ..... of 6 to 14 years the right to free and compulsory education in a neighbouring school till the completion of elementary education. chapter iii deals with the duties of appropriate government, local authority and parents ? to establish school, sharing of finance and other responsibility. section 8 describes duties of appropriate government and local authorities, including to ensure that the children belonging to .....

Shridhar c.shetty (Deceased) Thr. Lrs. Vs. addl.collector and Competen ...

Court : Supreme Court of India

..... making representation against the proposed withdrawal.18. when any such exemption is withdrawn or deemed to be withdrawn under these conditions, the provisions of the chapter iii of the said act shall apply to the lands as if the land had not been adopted under this order. 13. we are of the considered opinion that in ..... any other person, except for the purpose of mortgage in favour of any financial institutions specified in sub section (1) of section 19 of the for raising finance for the purpose of construction of any one of the tenements mentioned above, breach of this conditions shall that exemption granted under this order stands withdrawn. *** 17 ..... different persons or authorities may be authorised to perform different functions.20. power to exempt. (1) notwithstanding anything contained in any of the foregoing provisions of this chapter (a) where any person holds vacant land in excess of the ceiling limit and the state government is satisfied, either on its own motion or otherwise, that .....

Dilip Bhargava Vs. Trackpart of India Ltd.

Court : Company Law Board CLB

Reported in : (2005)63SCL544

..... after affecting the transfer of 3,44,658 equity shares, the respondent no. 2 approached the sebi seeking exemption from making a public offer in terms of chapter iii of the regulations. the sebi vide their order dated 19th february, 2002, inter alia, rejected the application for exemption and directed the matter to be ..... limited companies under the control of the nine individual petitioners. the respondent-company no. 1 in its ordinary course of business obtained inter-corporate loans from vls finance ltd. having its registered office at defence colony, new delhi. the loan taken in few instalments presently stands at approximately rs. 207 lakhs. the petitioners along ..... 1. the petitioners have filed the present petition under section 111a of the companies act, 1956 ('the act') seeking rectification of register of members by removing the name of vls finance ltd., respondent no. 2 in the petition, in respect of 2,64,558 equity shares of rs. 10 each. the petitioners are the shareholders of .....

Bhasir Oil Mills Vs. Union of India

Court : Mumbai

Reported in : 1989(24)LC513(Bombay); 1990(47)ELT305(Bom)

..... two industries. it may also be seen that apart from section 3 of the cess act, there are other modes of raising the finances provided in chapter iii of the board act for carrying out the objects of the board under the said act and the fund created thereunder is also known as the 'oil seeds and vegetable oils ..... however no provision for raising finance by levying any cess under the board act. the cess is leviable only under the cess act under which the charging section is section 3 in ..... therewith. the constitution of the boards is provided under the said act and it is clear from section 9 that it is charged with the functions of promotion and development of the oilseeds industry and vegetable oils industry. chapter iii of the act makes provisions for raising finances for carrying out the purposes of the board. there is .....

In Re: Nagarjuna Finance Limited

Court : Company Law Board CLB

Reported in : (1999)97CompCas171

..... the deposits as per the terms of contract including the rate of interest on due dates of maturity even after it becomes an industrial company/a non-banking finance company. the above directions are also in conformity with the stand of the reserve bank of india as noted in para. 9 of its reply wherein it has ..... has become an industrial cpmpany, this application may be treated as an application under section 45qa of the reserve bank of india act. he submitted that even though presently the company is a non-banking finance company, the latest balance-sheet as and when prepared would indicate that its principal business would be that of industrial activity and ..... misconceived and it cannot hold deposits in excess of the limits prescribed under the companies act. according to the reserve bank of india, the company is bound to comply with the requirements of chapter iii-b of the reserve bank of india act and the directions issued thereunder till all the deposits are repaid and it is established .....

In Re: India Emerging Companies

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

..... stock exchange.1.3 tata industries limited (hereinafter referred to as the 'acquirer') is part of the tata group and one of the promoters of tata finance limited (hereinafter referred to as 'erstwhile transferor'). the erstwhile transferor was amalgamated with tata motors limited (hereinafter referred to as 'tml') in accordance with the ..... acquisition of shares and takeover) regulations, 1997 (hereinafter referred to as 'the takeover regulations'), seeking exemption from the applicability of regulations 10 and 12 of chapter iii of takeover regulations with respect to the proposed indirect acquisition.2.1 in the application dated 16.3.2005, the acquirer had made the following submissions ..... 1 in view of the above findings, i, in exercise of the powers conferred upon me under section 19 of the securities and exchange board of india act, 1992, read with regulation 4(6) of sebi (substantial acquisition of shares and takeovers) regulations, 1997, hereby grant exemption to the acquirer, from .....

Mahfooz Ahmad Khan. Vs. State of U.P. and Others.

Court : Allahabad

..... recommended, petitioner submits that as far as minority institutions' are concerned therein provision as contained under the first proviso to regulation 103 to 107 of chapter iii of u.p. act no. ii of 1921 are not applicable. prima facie arguments advanced appears to have some substance. consequently till the next date of listing no coercive ..... inconformity with law. he has invited the attention of the court to the provisions of section 16-ff of the act 1921 and regulation 17 (g) of chapter ii of the regulations framed under the said act. he contends that the appointment has to be followed by approval by the competen authority, namely, the district inspector ..... on a representation under sub-section (5) shall be final."the aforesaid provision is further substantiated by regulation 17(g) of the regulations framed under the act 1921, which reads as follows:-"17. the procedure for filling up the vacancy of the head of institution and teachers by direct recruitment in any recognized institution .....