Court : Kerala
Reported in : [1983]54CompCas370(Ker)
..... ; in all other cases, the contract was supreme. 7. the various provisions of the companies act relating to minority protection have to be examined in the above background if their true content is to be discovered. chapter vi deals with 'oppression and mismanagement'. section 397 enables the minority shareholders to approach the court ..... during every year. counsel referred to some discrepancy in one of the answers given at the 56th annual general meeting, but the control and supervision of finances and accounts should normally be left to those in charge and the auditors, subject to acceptance by the general body. there is no evidence regarding any ..... like to learn about its financial position. even members of the public are interested, at least from the point of view of future investment. the companies act, therefore, provides for maintenance of registers, books, records and for publication and compulsory disclosure of accounts duly audited. every company should have a registered office and .....
Tag this Judgment!Court : Kerala
Reported in : [1985]58STC282(Ker)
..... expert committee which had recommended the abolition of provisional assessments altogether, so that the assessing authorities could devote their full time for final assessments, and that the finance minister had made a policy statement in this regard in the budget speech. the retention of sub-rule (9) of rule 21 at least, it was ..... sold; and 'taxable turnover' means the turnover on which tax is payable, after permissible deductions. section 16(1) in chapter v, dealing with 'assessment, collection and penalty', provides that :the tax under this act shall be assessed, levied and collected in such manner as may be prescribed.section 17(1) obliges every dealer who is ..... levy and collection 'in such manner and in such instalments as may be prescribed'. the court held that in the absence of a specific provision in the act itself authorising the making of rules for provisional or advance assessment and collection of the tax so assessed, the provisions of the turnover and assessment rules relating .....
Tag this Judgment!Court : Kerala
Reported in : [1994]79CompCas213(Ker)
..... to bringing to an end or preventing the matters complained of or apprehended, make such order as it thinks fit.' 16. the aforesaid sections are in chapter vi of the act which deals with prevention of oppression and mismanagement. considering the nature of relief pressed for before the company court and the arguments advanced before us by ..... they received from the different shareholders, the income from the business that the company carried on, the expenses incurred by them and all other details relating to the finances of the company. (v) the respondents shall call a general body meeting at which the petitioners shall be invited. respondents nos. 2 to 5 shall endeavour to ..... the petitioners before the company court, we think that it is sufficient for us to confine our enquiry to section 397 of the act. chapter vi of the act is obviously intended for the purpose of giving protection to shareholders from oppression and mismanagement of the controlling shareholders. though by the amendment .....
Tag this Judgment!Court : Kerala
Reported in : [1994]207ITR691(Ker)
..... thing of which a person has not only ownership but also actual physical possession. a chose-in-action is assignable and is treated as property under chapter 8 of the transfer of property act which calls it 'an actionable claim'. 'actionable claim' means a claim to any debt other than a secured debt or a beneficial interest in movable ..... of construction, the supreme court followed the decision in jagabhai lallubhai v. rustamji nasarwanji [1885] ilr 9 bom 311, where it was held that an agreement to finance the borrower and the power of attorney of even date to receive the monies due to the borrower under certain contracts had the effect of an equitable assignment of ..... two parties, malhotra and the bank, was that of a borrower and lender and that the document was brought into existence in connection with a proposed transaction of financing of malhotra's contracts. the loans were to be advanced by the bank against malhotra's bills for supplies under the contract. the intention of the parties was .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker179
..... of the managing committee and steps should be taken to implement the same without delay. z(1) regarding the various recommendations in dealing with the management of finance (chapter viii, part i), the recommendations of the commissioner made at pages 134 to 137 of part i and specified as items 11 to 16 at, pages 208 ..... in accordance with the dittam or scale of expenditure fixed for the temple and the subordinate temples under section 51 of the madras hindu religious and charitable endowments act, 1951 (madras act xix of 1951); (b) to provide facilities for the proper performance of worship by the worshippers; (c) to ensure the safe custody of the funds ..... and hope that the selfless services rendered by him may receive recognition. 67. the case will stand further posted to 7-3-1994. respondents 1 to 3 shall file statements on or before 5-3-1994 regarding the various steps taken in accordance with the observations and directions contained in this judgment.68. before parting with the case, .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker393
..... a dwelling house) poultry house or aviary. in addition, there are various provisions dealing with sanitation, public health, safety and convenience in chapter iv. these are all broad provisions in the act itself and they, in our opinion, give sufficient guidance to the rule-making authority to prepare an integrated set of building rules and rule ..... parcel of the scheme of the building rules.21. as to whether the corporation act gives sufficient guidance in this behalf, we are satisfied that it does. chapter x of the act deals with building regulations. sections 238 to 264 are contained in this chapter. section 238(1) permits rules to be made by the government, (as already ..... construction of a building, and no building shall be constructed or reconstructed otherwise than in accordance with the act and of any rules or bye laws.12. the kerala building rules, 1984 are divided into chapters 1 to v -- chapter i (rules 1 to 5a) dealing with general matters, chapterll (rules6 to 13) with 'permit and .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker308
..... and the general public living in the vicinity.167. in 1986, parliament passed the environment (protection) act. this act provided for the protection and improvement of environment and for matters connected therewith. in chapter i of the environment (protection) act, 'hazardous substance' is defined to mean any substance or preparation which, by reason of its ..... by the united india insurance company bearing policy no. 100100/48-38-11-890a/92 is valid for the period 31-3-1993 to 30-3-1994 and covers a liability to the extent indicated by the rule. the first respondent has further stated that in addition to the premium payable an ..... the criminal procedure code. when we mention the statutes in this segment, we have to mention the travancore-cochin public health act, 1955, panchayat act, 1960, municipalities act, and the corporations'act, and the rules under these acts. they provided for certain measures intended for abating nuisance and for protection of public health and safety.164. articles .....
Tag this Judgment!Court : Kerala
Reported in : AIR1995Ker94
..... be an agency or instrumentality thereof. it was accordingly held that the corporation was a 'company', and therefore compliance with the provisions of chapter vi of the land acquisition act was necessary in order to lawfully acquire any land for its purposes.11. the supreme court had occasion to deal with government companies incorporated ..... these provisions, that the food corporation is the central government itself in one of its many manifestations. particular reference is made to the fact that even its finances are provided and controlled by the central government, as also the further provision to make over the surplus profits to the central government. on the other ..... . after a conspectus of the various provisions of the food corporation act, the supreme court held that the corporation was not a government department. a government department has to be an organisation which is not only completely controlled and financed by the government, but has also no identity of its own. the money .....
Tag this Judgment!Court : Kerala
Reported in : AIR1995Ker126
..... services rendered by it', an amendment of the bye-laws of a society is necessary and desirable. section 12(5) also states that he may consult the financing bank to which the society is affiliated and the circle co-operative union before making the requisition. sub-section (6) of section 12 prescribes the procedure to ..... have subscribed to the share capital of a society; or (b) have assisted indirectly in the formation or augmentation of the share capital of a society as provided in chapter vi; or (c) have guaranteed the repayment of principal and payment of interest on debentures issued by a society; or (d) have guaranteed the repayment of principal ..... to the scheme of administration of societies as envisaged by the provisions in the act both before and after sections 28 and 31 were amended in 1987. chapter iv of the act specifically deals with the management of cooperative societies. section 27 of the act specifically states that the final authority of a society shall vest in the general .....
Tag this Judgment!Court : Kerala
Reported in : AIR1995Ker172
..... about the constitution of sankaran nair commission and the report submitted by him. a corporation known as'malabar temple development corporation' was constituted in 1969 to improve the finances of the malabar temples and their affairs. the witness was a member of that committee which consisted of seven members. the corporation proposed to consolidate the entire properties ..... . 3821/ 1990 and accepted in the order dated 10-4-1992. the relevant recommendations are those contained in sub-clauses (3) and (4) of clause 38 in chapter 5 of the report. they are:(3) de-politicization of the board and its working is a matter of highest priority.(4) ministers of the government and members of ..... the ooralans, the expenditure of the temples were being met.65. the agricultural lands held by these temples were mostly outstanding on tenancy.the kerala land reforms act, act 1 of 1964 which came into force on 1-4-1964 conferred fixity of tenure on the tenants and enabled the tenants to pay the fair rent as .....
Tag this Judgment!