Court : Andhra Pradesh
Reported in : [2008]144CompCas454(AP); (2008)4CompLJ360(AP); [2009]90SCL39(AP)
..... of its equity share capital; or (c) the first-mentioned company is a subsidiary of any company which is that other's subsidiary.23. section 4(2) of the act incorporates a fiction and lays down that the company's board of directors shall be deemed to be controlled by holding company if the latter without consent of ..... secondly, if the debt is bona fide disputed, there cannot be 'neglect to pay' within the meaning of section 433(1)(a) of the companies act, 1956. if there is no neglect, the deeming provision does not come into play and the winding up on the ground that the company is unable to pay its debts is not ..... liability to holding company, learned counsel submits that alleged commonness in business of two companies does not warrant assumption of corporate identity and principle of lifting corporate veil has no application when subsidiary company allegedly failed to pay its debt. he also placed reliance on quite a few judgments, in support of his contentions.7. two questions would .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(3)ALD370; 2006(3)ALT433
..... tribunal will not have jurisdiction to condone the delay in taking aid and assistance of section 5 of limitation act on the premise that limitation act is made applicable in view of sub-section (2) of section 29 of the limitation act.14. it is no doubt true that the language employed in rule 19 and rule 17 of the rules which had been referred ..... also obvious that there is no express exclusion anywhere in the rent act taking out the applicability of section 5 of the limitation act to appeals filed before appellate authority under section 18 of the act. consequently, all the legal requirements for applicability of section 5 of the limitation act to such appeals in the light of section 29(2) of limitation act can be said to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(2)ALT263
..... fee. it also postulates making of a provision for grant-in-aid to the panchayats and constitution of panchayat fund. article 243i provides for constitution of finance commission to review financial position of the panchayats and to make recommendations to the government on various matters specified in that article. article 243-k regulates ..... matter, it was also pointed out that the commission had not issued any notification relating to the election authority and there is no election authority as ordained by section 2(11) of the act. this stand taken by the writ petitioners is not seriously controverted or disputed. the further stand taken by the writ petitioners ..... section 233 contains a prohibition against challenge to elections except by way of an election petition. part vi-a which was added to the 1994 act by andhra pradesh act no.7 of 1998 contains special provisions relating to the panchayats, mandal parishads and zilla parishads located in the scheduled areas. section 268 empowers the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP138
..... revision petitions raise a question of interpretation of sections 9-a and 19-a of the madras agriculturists relief act, iv of 1938, (hereinafter referred to as 'act'). in view of the conflicting decisions, our learned brother sharfuddin ahmad, j., directed their being posted before a bench.2. c.r.p. no. 221 of 1953 is a revision against the order in o.p ..... , with effect from the commencement of that act:--(i) if no interest has been stipulated for on the principal amount secured by the mortgage or any portion thereof, in addition to the usufruct from the property; (ii) where such interest has been stipulated for, it' no arrears of interest are due from the mortgagor; and (iii) if no otter sums or interests thereon faredue to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1963AP379
..... was not sufficient and that if actually the accused had been discriminated against, then and then only he could complain, not otherwise. therefore there is no justification to invalidate the act merely because the power conferred on the executive authority is likely to be exercised arbitrarily.11. moreover, the petitioner does not want that this clause ..... collect the surcharge in a case like this.13. the argument based on rule 10 of the taxation and finance rules is equally untenable. that rule does not come into play here at all since there is no increase of assessment between two general revisions. this is only a case of levy of surcharge under the ..... x'8. we are here concerned only with clause (a) of sub-section (2). what is complained in regard to this clause is that the executive authority could make hostile discrimination as between owners similarly situated and could act arbitrarily, there being no principle guiding the exercise of power in this behalf. it may be difficult to .....
Tag this Judgment!Court : Andhra Pradesh
..... executed by the society may be released. 56. while things stood thus, considering the provisions under section 80(1)(c) of the endowments act the government issued g.o.ms.no.703 revenue (endowments. ii) department dated 30.9.2000 declaring the sale transductions made by the trust upto the year 1987 as invalid on the ground that the ..... and competent authority to withdraw the ulc proceedings in the light of exemption under section 20(1)(a) of ulc act: 17. interestingly, however, government in memo. no.101240/edt. and g(1)/1993 rev.(end.ii) department dated 28.2.2006 had taken a decision to apply and utilize the exemption under section 20(1)(a) of the ..... in the said writ petition interim orders were passed on 7.6.2005 directing that no sale of endowment lands shall be entertained and no compromises under section 89 of the endowment act shall be effected until further orders, which were, however, modified on 2.11.2005 permitting sale by way of public auctions. determination of excess land held by .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(2)ALD275; 1999(2)ALT137
..... power, and held that:'on a consideration of the matter, it appears to us that the argument that a project envisaging a self-financing scheme by reason alone of the particular policy behind ii, is beyond the powers of the local authority is some what too broadly stated to be acceptable. a project, otherwise legal, does ..... 18. sri g. raghurtj/n, learned senior counsel appearing on behalf of isb made the following submissions:the isb is incorporated under section 25 of the companies act, 1956. the statutory environment operating on it consequent on such incorporation as well as the company's charter demonstrates that the income and property of the isb ..... . all these questions have to be answered by the vigilant parliament. courts have their hmitations-because these issues rest with the policy-makers for the nation. no direction can be given or is expected from the courts unless while implementing such policies, there is violation of infringement of any of the constitutional or statutory provision .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALT706; (2002)173CTR(AP)151; [2002]253ITR1(AP); [2002]120TAXMAN88(AP)
..... very pertinent to note that the definitions contained in section 17 are only for the purposes of sections 15 and 16 and not for any other sections of the act. the finance act, 1987, inserted clause (10c) in section 10 to provide that any payment received by an employee of a public sector company at the time of his ..... is whether the compensation accrued to the petitioners under the vrs is chargeable income and if so, whether the action of respondents nos. 1 and 2 in deducting income-tax at source under section 192 of the act in respect of the amounts paid by it to the petitioners towards 50 per cent. of the compensation under the vrs consequent ..... retirement of the petitioners is legal and justified.6. before dealing with this question, the relevant statutory provisions be noticed at the threshold. section 10(10c) of the act reads--'10. incomes not included in total income. ---in computing the total income of a previous year of any person, any income falling within any of the following .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD533; 2002(2)ALT791
..... v. state industrial and investment corporation of india, : [1993]1scr340 where there was inconsistency between two special laws, the finance corporation act, 1951 and the sick industries companies (special provisions) act, 1985. the latter contained section 32 which gave overriding effect to its provisions and was held to prevail over the former ..... development has been obtained. 24. the government of andhra pradesh in exercise of the powers conferred under section 58(1) of the 1975 act issued g.o. ms. no. 215, housing municipal administration and urban development (ma), dated 1-4-1977 whereby and whereunder the urban development authority (hyderabad) rules, ..... visakhapatnam municipal corporation and ors.). this court held that the commissioner of a municipal corporation has no jurisdiction to transfer any property in violation of sub-section (2)of section 148 of the act. yet again, in wp no. 7535 of 2001, the court referring to the aforementioned decisions has reiterated the necessity of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007CriLJ1259
..... a wilful misrepresentation, that there was fraud or dishonest inducement on the part of the accused and thereby the complainant had parted with the property. (alpic finance ltd.). the ingredients of intentional deception on the part of the accused right at the beginning of the negotiations for the transaction must either be expressly stated ..... section 482, cr. p.c. to correct manifest error committed by the learned magistrate in issuing process against appellants 1-6 and 8 when the alleged acts against them did not constitute offences for want of satisfying the ingredients of the offences. the approach and considerations while exercising power and jurisdiction by a magistrate ..... the witnesses, the likelihood of prejudice could not also be ruled out. it was also observed that there was no 'definite evidence' to show that accused nos. 1 and 2 were directly involved, that there was no material to hold that the accused had committed theft of 'letter heads' from karnataka bank limited and/or they .....
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