Court : Delhi
Reported in : [1973]43CompCas367(Delhi)
..... only one appeal was competent and if that appeal had been made to the division court no further appeal lay to the chief court, section 169 of the indian companies act, 1882, read :' appeals from any order or decision made or given in the matter of winding up of a company by the court may be had in the same manner and subject to the same conditions in, and subject to which, appeals may ..... the application was filed by some of the creditors of that company under section 433 of the companies act, 1956 (hereafter referred to as ' the act ') for the compulsory winding up of the company on the ground that it was unable to pay its ..... it was held that in hearing the appeal under section 110-d of the act, the high court must he held to be acting as a high court and not as a tribunal, inasmuch as the claim for compensation for negligence is a common law right not created by a statute and the claim is considered by the tribunal in its entirety without limitation with ..... thereforee, accept the preliminary objection and hold that no second appeal lay to this court under section 483 of the companies act, 1956, or under clause 10 of the letters patent. ..... is in that context that reference was made to section 202 of the indian companies act, 1913, which in terms is identical with section 483 of the companies act, 1956. ..... raised in that case was in the context of an order made by the claims tribunal under the motor vehicles act, 1939, and the right of appeal to the high court under section 110-d of the act. .....
Tag this Judgment!Court : Delhi
Reported in : (1972)IILLJ495Del
..... though it was conceded that there was no such obligation with respect to the employees who are not workmen within the meaning of the act of 1947, the learned attorney-general, appearing on behalf of respondent no. 1, however, maintained that sub-section (5) of section 45 of the act is only an enabling provision and gives discretion to the reserve bank to provide for all or any of the matters it deems fit, but ..... said bank and transact jointly with any other manager, sub-manager, accountant, sub-accountant or other employee of the said bank holding similar authority from the bank at such place and to act on various matters like drawing, accepting and endorsing negotiable bills and hundies, to open accounts with other banks and to operate on all existing and future accounts whatsoever and to buy, ..... scope in the contention of the counsel that any discretion has been left which gives unfettered discretion to the reserve bank for framing the scheme because if sub-section (5) of section 45 is mandatory then the reserve bank is bound to include the matters mentioned therein and the argument of excessive delegation would not arise ..... a workman he has no grievance, in that view of the matter i consider it unnecessary to decide whether sub-section (5) of section 45 is mandatory as contended for by the counsel for the petitioner or is only discretionary as contended for ..... matter by writing to the government of india, ministry of finance and the reserve bank of india against hiscease of employment with .....
Tag this Judgment!Court : Delhi
Reported in : AIR1973Delhi34
..... learned counsel for the union of india has placed before me an office memorandum of the government of india (ministry of finance) dated 5th july, 1954 where they decided the question that the dearness pay sanctioned on 9th may, 1953 under memorandum ..... view that dearness pay received by the judgment debtor is exempt from attachment under entry 6 of the notification of the government issued under clause(1) of the proviso to section 60 of the code of civil procedure and the orders of the courts below are, thereforee, correct and are affirmed. ..... although the rules issued under section 151 of the government of india act, 1935 have statutory force, the note is not part of the statutory rules; still the note correctly clarified the legal position that dearness pay is really part of the dearness allowance ..... this notification was slightly amended on 31st may, 1949 and it now reads as follows:-'all allowances granted to provide relief against the increased cost of living'.the entries in these exemptions were also added subsequently ..... the relevant provisions are contained in section 60 of the code of civil procedure where all saleable properties belonging to the judgment debtor and over which he has a disposing power are liable to attachment but a proviso has been ..... in this memorandum, the ministry of finance has observed that the question of treatment of a portion of dearness allowance as pay for certain purposes has been engaging the attention of the government of india and the president has .....
Tag this Judgment!Court : Delhi
Reported in : 1989(25)LC585(Delhi); 1979(4)ELT581(Del)
..... a particular article produced may attract levy pf excise duty, as contemplated by section 3 of the act, which is the charging section, removal is the essence of the crystalisation of the charge as would be apparent from a reading of section 4 of the act and rule 49 of the excise rules. ..... has to be seen is whether the commodity in the present case attracts the levy of excise duty and even if it does whether there was removal within the meaning of the excise act and the excise rules for collecting excise duty or what may be called assessment of duty which becomes payable by the manufacturer.17. ..... the definitions of the terms 'excisablegoods', 'manufacture' and 'factory' in section 2 of the excise act it has first to be noted that section 3 of the act is the charging section under which excisable goods which are produced or manufactured become liable as attracting excise duty at the rates set out in the first schedule to the act. ..... high court to which reference has been made earlier and observed that judgment proceeded on the basis that the excise act did not contemplate the imposition of excise levy on a continuous and integrated process until the rules were amended by the introduction of rule 173a and 173k. ..... item 11-a was introduced in the tariff by the finance act of 1962. ..... krishnan, under secretary to the government of india, ministry of finance, department of revenue and insurance, new delhi and during the course of the hearing of this case an application supported by an affidavit .....
Tag this Judgment!Court : Delhi
Reported in : ILR1972Delhi780
..... 36 madras 395 where it was observed that 'proceedings under part iii of the act are not by way of appeal', it was pointed out that that case related to 'proceedings under section 30 of the act' and there was no question of there being any appeal. ..... raised before the learned additional district judge but also on the basis of the facts stated in the award of the land acquisition collector, to the extent they were not contraverted when the reference under section 18 of the act was made to and heard by the learned additional district judge. ..... (18) shri tyagi contends that since under section ii of the act the collector has to make his award in respect of three matters namely, the true area of the land, the compensation payable and the apportionment of the said compensation, all that the claimant need do is dispute ..... also the area-wise average disposal of land during the five years preceding the date of the notification under section 4 of the act as well as other land acquisition awards. ..... reference was also made to section 12 of the act which states that the award would be final and conclusive evidence, as between the collector and the persons interested in the true value of the land subject of course to the result of a reference under section 18 of the act. ..... the award under section ii of the act becomes final, if it is not challenged within a definite time before the tribunal of the special judge, and that judge, thereforee, fills the position to some extent of an appellate court. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1973Delhi28
..... respondent from transferring or removing the mortgaged properties without the permission of the board of directors of the appellant corporation; (c) that an ad interim attachment of the mortgaged properties be made as required by section 32 of the act; and (d) that nay other relief be granted which the court may deem just equipment for the protection of the interest of the appellant corporation.the respondent resisted the application filed by the appellant on ..... the procedure to be followed by the district judge in respect of the application under section 31 of the act has been prescribed under section 32 of the act provides--'when the application is for the reliefs mentioned in clauses (a) and (c) of sub-section (1) of section 31 the district judge shall pass an ad interim order attaching the security or so much of the property of the industrial concern as would on being sold realise in his estimate an amount equipment in ..... in the following terms:--'provided that where the court is satisfied that case pending before it involves a question as to the validity of any act ordinance or regulation or of any provision contained in an act, ordinance or regulation the a determination of which is necessary for the disposal of the case and is of opinion that such act, ordinance, regulation or provision is invalid or inoperative but has not been so declared by the high court to which that court is subordinate ..... maharashtra state finance corporation ) decided on 24-8-1971 = : [1972]1scr351 .....
Tag this Judgment!Court : Delhi
Reported in : [1974]44CompCas173(Delhi); ILR1972Delhi369B
..... has, thereforee, to be considered from two angles, namely, (1) whether the imaugned order has been passed by the company judge in the matter of winding up, (2) whether even independently of section 483 an appeal would lie, to a division bench of this court, under dection 5(1) of the delhi high court act (26 of 1966) which specifically provides that the high court of deini shall have ail such original, appellate and other jurisdiction, as under the law in force immediately ..... 1939 mad 318 occurring on page 327, column 2, are helpful and may be set out: 'under section 271, all the provisions of the act with respect to winding up would apply to an unregistered company and a provision to avert a winding uo will be a provision with resnect to the winding up ..... among others, the court may order the regulation of the conduct of the company's affairs in future and terminate or set aside any transfer or other act relating to property made or done by or against the company within three months before, the date of the 'application, which would, if 'made or done by or against an individual be demed in his insolvency to be a fraudulent ..... on account of the poor financial position of the company it was proposed to issue second debentures or rs.95 lakhs to get additional finances for liquidating the company's debts and provide funds as working capital. ..... on 18-5-1971 the maharashtra state finance corporation, in whose favor a deed of mortgage was executed by the company on 10-1-1964 to secure rs .....
Tag this Judgment!Court : Delhi
Reported in : ILR1972Delhi344; [1974]93ITR353(Delhi)
..... (28) dealing with this inter-relation between section 44 (before it was amended by the finance act of 1958) and the provisions of section 25(1) and (2) and section 26(1) and (2) the supreme court in ..... be mentioned here that in the order of the appellate tribunal that has given rise to this question, section 44 of the income- tax act (as it stood before the amendment of 1958) was not correctly stated. ..... the head-note is defective but at pages 457 and 458 of the report, after setting out section 44 the learned judges observed that this section appears to provide for proceedings under the income-tax act to determine the liability of partners of a dissolved firm or members of a dissolved association but it appears difflicult to hold that in the absence of any such assessment on the partners themselyes they would not be liable ..... it was held that under section 44 of the income- tax act (before it was amended in 1958) notwithstanding the dissolution of a firm and discontinuance of its business assessment could be made on the firm in respect of income earned ..... what is actually stated therein is section 44 as it stood after the amendment; but since the relevant section is as it stood before amendment, we have dealt with the case ..... aggrieved, filed appeals before the appellate assistant commissionr wherein he raised several contentions regarding validity of the assessments under section 34 of the income-tax act and the income being from agriculture, it was contended that it was exempt from tax. .....
Tag this Judgment!Court : Delhi
Reported in : 1972CriLJ1536; 8(1972)DLT394
..... in the punjab case the recovery from a the chaubara was made in pursuance of a statement by the accused under section 27 of the indian evidence act while in the calcutta case, samples of the same commodity were lifted from the same place and from the same person at the same time though by three different food inspectors ..... (8) in sanker lal aparwalla v.corporation of calcutta, air 1962 calcutta 6112 three separate prosecution under section 7 of the prevention of food adulteration act were started against the petitioner in respect of three lots of tins of ghee found in his godown from which three samples were taken on the same day by three food inspectors from the same place ..... the respon- dent, moti lal was prosecuted under section 7 read with section 16 of the prevention of food adulteration act, 1954 under two challans for storing khoa for sale which was ..... in that case the petitioner was prosecuted under section 9 of the opium act, 1878 for being in possession of illicit opium and it was held that recoveries made from his person and from another place constituted one offence and separate trials for the two recoveries ..... (5) nothing in this section shall affect the provisions of section 26 of the general clauses act, 1897, or of section 188 of this code ..... as we have observed, to attract section 403 criminal procedure code , in prosecutions under the prevention of food adulteration act the sample lifted must be of the same thing from the same place at the same time from the same .....
Tag this Judgment!Court : Delhi
Reported in : AIR1973Delhi115; [1974]44CompCas316(Delhi); 1972RLR91
..... conclusion in agreement with the learned single judge of this court without examining any of the authorities for or against the proposition and he held that according to the provisions of sections 22 and 31 of the motor vehicles act, it was only the ostensible owner whose name was entered as such in the registration book who was to be considered as the owner of the motor vehicle, irrespective of ..... (1) the finding of the learned single judge that no sale had taken place in favor of the purchaser since the transfer had not been registered under section 31 of the motor vehicles act, 1939 was not sustainable in law and that on the facts and circumstances of the case, the sale had conclusively been established; (2) the result ..... to intimate the transfer to the authority or may drive the vehicle in a public place without a certificate of registration, he runs the risk of incurring the penalties provided by the act, but his title to the purchase of the vehicle undoubtedly remains unaffected, nor does the title remain in suspense during the grace period allowed for effecting endorsements of registration. ..... important piece of evidence to ostensibly show the owner of the vehicle who is liable to pay taxes and to perform duties and obligations under the motor vehicles act, but the endorsement of transfer on the certificate is not a condition precedent and its absence does not make an otherwise valid sale as illegal or ineffective. ..... in bishopsgate motor finance corporation limited vs. ..... unity finance, .....
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