Court : Rajasthan
Decided on : Dec-21-1990
Reported in : 1990(2)WLN381
..... -petitioner is fully covered by the provisions of clause (g) as well as sub-clause f(ii) of section 110 cr.p.c. the jurisdiction vested in the magistrate under chapter viii of the code of criminal procedure is a preventive jurisdiction and serves as a powerful means to secure the interest of the community from the injury at the hands ..... the effect that any person is likely to commit a breach of peace or disturbance of public tranquillity or the commission of any offence for the public safety and if acting upon such information the magistrate calls upon a person to show cause why he should not be bound down in the prescribed manner, then neither any rights of the parties .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-21-1990
Reported in : 1990WLN(UC)263
..... -petitioner is fully covered by the provisions of clause (g) as well as sub-clause f(ii) of section 110 cr. p.c. the jurisdiction vested in the magistrate under chapter viii of the code of criminal procedure is a preventive jurisdiction and serves as a powerful means to secure the interest of the community from the injury at the hands ..... to the effect that any person is likely to committing breach of peace or disturbance of public tranquillity or the comission of any offence for the public safety and if acting upon such information the magistrate calls upon a person to show cause why he should not be bound down in the prescribed manner, then neither any rights of the parties .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-06-1990
Reported in : [1994]81CompCas872(Raj)
..... respect to such companies and the expeditious enforcement of the measures so determined and for matters connected therewith or incidental thereto. a look at chapter iii of the special provisions act will show that it contains the provisions for references, inquiries and schemes. under section 15, reference to the board for determination of the ..... remain outside the winding up proceedings the question also arises whether riico, having taken possession of the respondent-company under section 29 of the financial corporations act, can proceed to realise its dues against the respondent-company by sale of machinery, etc., mortgaged with it towards the payment of loans advanced to the ..... as section 537 did not apply. the orissa high court in the case of hrushihesh panda v. orissa state finance corporation [1987] 61 comp cas 448, dealing with the provisions of the financial corporations act, held that in regard to the property of the company in winding up taken over by a state financial corporation .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-15-1990
Reported in : [1991(62)FLR252]; (1992)ILLJ903Raj; 1990(1)WLN361
..... accounts separate and are separately assessed under the central sales tax and rajasthan sales tax act and the income tax act. not only this, there is absolutely nothing on record to suggest that there is a functional integrality or integrity of finance and employment between these three concerns. in this respect the regional commissioner appears to have ..... one or they are separate units. the most important lest poinled out by their lordships was that of functional 'integrality' i.e. of the unity of finance and employment and of labour. in that case, unity of ownership existed ex-hypothesi but there should have been such functional inter-dependence that one unit could ..... not exist conveniently and reasonably without the other and their finances and employment should have been integrated in order to make them one unit of establishment. i have already referred to the question of functional integrality and unity .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-20-1990
Reported in : [1990]69CompCas93(Raj); [1990]185ITR38(Raj)
..... to be obtained by the transferee-company for implementing the aforesaid scheme of amalgamation/merger/compromise/arrangement. the transferee-company has received the consent of the industrtial finance corporation of india for the said scheme with a modification that the shareholders of hotel pink city pvt. ltd. be allotted and issued 4 (four) equity ..... jointly by both the transferee and transferor-companies under sections 391 and 394 of the act and it has been prayed that a scheme of amalgamation of the two companies, namely, the transferee and transferor-companies be sanctioned.2. the transferee-company was ..... and resorts ltd. (for short, 'the transferee-company') and hotel pink city pvt. ltd. (for short, 'transferor-company') under section 391 of the companies act, 1956 (for short, 'the act'), read with rule 57 of the companies (court) rules, 1959 (for short, 'the rules'), and company petition no. 14 of 1988 has been filed .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-21-1990
Reported in : 1990WLN(UC)202
..... chaptar ix of the indian penal code. it was, therefore, observed that for prosecuting the auditor, previous sanction is required only qua the offences falling under chapter ix of the indian penal code, but so far as the other offences are concerned, previous sanction was not required. section 46a of the banking companies regulation ..... . the bank is not precluded from having honorary chairman, honorary elected directors or any elected persons to look into the interest of the bank. those officers who are acting honararily will be the chairman, the directors of the bank, though they are not employees, and, in such circumstances, to meet out such contingency section 46a has ..... a company which is a subsidiary of a government company as thus defined.8. in view of the definition of 'government company' given in section 617 of the companies act, 1956, the state bank of bikaner and jaipur, being a subsidiary banking company of the state bank of india, is, also, a government company and the petitioner .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-17-1990
Reported in : 1991(1)WLN402
..... minor children. it is an absolute obligation, not shareable with any person. in hamilton's hedaya., a classical work on muslim law (volume i) book no. 4 (1791 edition), in chapter xv (sect 4) at page 408, it is stated:the maintenance of infant children rests upon their father; and no person can be his associate or partner in furnishing it ..... father under section 125 of the code of criminal procedure and what will be the effect of section 3(1)(b) of the muslim woman (protection of rights of divorce) act, 1986 (act no. 25 of 1986) on the obligation of the father towards his children.8. according to muslim personal law, as well as under section 125 cr. p.c, it ..... . apart from section 5, there is no provision which makes the provision of sections 125 to 128 cr. p.c. applicable in the case of muslim divorced woman. the act of 1986 has completely obliterated the right of maintenance to the divorced muslim woman after the iddat. even if an order granting maintenance has been passed in favor of a .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-17-1990
Reported in : 1990(2)WLN274
..... is an absolute obligation, not shareable with any person. in hamilton's hedaya, a classical work on muslim law (volume i) book no. 4 (1791 edition), in chapter xv (sect 4)_ at page 408, it is stated:the maintenance of infant children rests upon their father; and no person can be his associate or partner in furnishing ..... under section 125 of the code of criminal procedure and what will be the effect of section 3(1)(b) of the muslim woman (protection of rights on divorce) act, 1986 (act no. 25 of 1986) on the obligation of the father towards his children.8. according to muslim personal law, as well as under section 125 cr. pc, ..... before the learned additional sessions judge, chittorgarh, which was verified by the learned additional sessions judge. after coming into force of the muslim women (protection of right on divorces) act, 1986 hereinafter referred to as 'the addt, 1986'), mohammed rafiq, on december 8, 1986, filed an application under section 127(3) of the code of criminal procedure for .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-21-1990
Reported in : 1990(2)WLN530
..... that case, the provision of section 151 of the m.p. land revenue act came up for interpretation with reference to the provisions of section 4(2) of the hindu succession act,1956.s.151 of the m.p. land revenue act, which is chapter xii runs thus:subject to his personal law, the interest of a tenure holder ..... by rajasthan university and mohan lal sukhadiya university.11. it was also contended that section 3(3) of the rajasthan universities teachers and officers (selection for appointment) act, 1974 provides for appointment of adhoc teachers only for a period of one year and, therefore, the university cannot extend that period and hence, till the regularly ..... university and the statutes cannot override the provisions of the act. this is the settled legal position. when the jodhpur university acl,1962 provides for a particular procedure for change of ordinances than procedure has to be adopted. it is one thing that the ugc being financing body, the university is obliged to accept their dictum. .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-19-1990
Reported in : 1990WLN(UC)361
..... the petitioner of the two cases, taken signly or jointly are registered bodies. the society (jain vishwa bhari) even if it was registered under the societies registration act, it was not 'state' within the meaning of article 12 of the constitution. the supreme court has laid down tests gathered from the decision in the international ..... and injunction could be issued?one of the question, which arose before the trial court, was whether the suit was barred by the provisions of the industrial disputes act having raised industrial dispute. the plaintiff non-petitioner attempted to meet this objection by asserting that as the suit has been filed before service has been terminated, therefore ..... the enforcement of a right or an obligation created under the act, then the only remedy available to the suitor is to get an adjudication under the act.(4) if the right which is sought to be enforced is a right created under the act such as chapter va them the remedy for its enforcement is either section 38c .....
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