Judgment Search Results Home > Cases Phrase: hooghly docking and engineering company limited acquisition and transfer of undertakings act 1984 section 8 payment of amount Page 1 of about 174 results (0.271 seconds)

ibm India Ltd., (Amalgamated with Vs. the Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT

Reported in : (2007)105ITD1(Bang.)

..... 1) ibm world trade corporation (ibm), tata industries limited and tata engineering and locomotive company limited (tata industries limited and its associated company are hereinafter referred to as "tata") have cooperated with each other in undertaking joint venture operations in india through tata ibm, for manufacturing and marketing of certain information technology products in india: 2) india is emerging as a major market for ibm products and services in trade and industry particularly in view of increasing recognition of the importance of information technology to the overall economic development of india: 3) ibm ..... alternatively, it is contended that the amount for transfer of capital asset and since there is no cost of acquisition/improvement, which can be computed, the same is not chargeable to tax.4.6 all receipts by assessee would not necessarily be deemed to be the income for the purpose of income tax act and the question whether any particular receipt is income or not will depend on the nature of the receipt and the true scope and effect of the relevant taxing provision.it is for the revenue to prove that the ..... the next ground of appeal is against charging of interest under section 234b while computing the income under the provision of section 115x4 of the act.7.1 the ao, after computing the tax payable under section 115ja, levied interest under section 234b for short payment of advance tax. .....

D. Janaki Rama Rao and Others Vs. Govt. of A.P. and Others

Court : Andhra Pradesh

Reported in : 2001(3)ALD505

..... transfer, seniority, discharge and re-appointment and appointment as full member to a service and such other matters as may be specified by the state government, a departmental unit shall mean: (a) each office of a head of the department or the directorate as the case may be: provided that in the case of irrigation, roads and buildings and panchayat raj engineering departments, all the offices of chief/engineers including the offices of engineer ..... oa nos.5499 of 1999, dated 5-3-2001 whereby and whereunder the original application filed by the petitioners under section 19 of the administrative tribunals act, 1985 challenging the action of the respondents in terminating ..... undertaking wholly owned or controlled by the state government; (d) a body established under any law made by the legislature of the state whether incorporated or not, including a university; and (e) any other body established by the state government or by a society registered under any law relating to the registration of societies for the time being in force, and ..... act are:2(ii): 'daily wage employee' means any person who is employed in any public service on the basis of payment of daily wages and includes a person employed on the basis of nominal muster roll or consolidated pay either on full time or part-time or piece rate basis or as a work charged employee and any other similar category of employees by whatever designation called other than those who are selected and ..... limited which is a state government company ..... 1984 .....

C.V. Raman Vs. Management of Bank of India and anr.

Court : Supreme Court of India

Reported in : AIR1988SC1369; [1988]64CompCas358(SC); JT1988(2)SC167; (1988)IILLJ423aSC; (1988)3SCC105; [1988]3SCR662; 1988(2)LC10(SC)

..... companies (acquisition and transfer of undertakings) act, 1970 (hereinafter referred to as act ..... dealing with the term 'other authorities' within the meaning of article 12 of the constitution were not of much assistance; (2) that the central government exercises control over the nationalised banks only to a limited extent and that there was nothing to enable such banks to identify with the central government particularly when as a legal person these banks have got a right to hold ..... who was an employee of the bank of india, a nationalised bank, preferred an appeal under section 18 of the kerala shops and commercial establishments act, 1960 (hereinafter referred to as the kerala shops act) against an order passed by the bank discharging him from service after conducting a domestic inquiry. ..... up for consideration in that case was whether jammu and kashmir regional engineering college, srinagar registered as a society under the jammu and kashmir registration of societies act, 1898 was a 'state' under article 12 of the constitution and as such amenable to writ jurisdiction. ..... it is undoubtedly true that the corporation is a distinct juristic entity with a corporate structure of its own and it carries on its functions on business principles with a certain amount off autonomy which is necessary as well as useful from the point of view of effective business management, but behind the formal ownership which is cast in the corporate mould, the reality is very ..... 1984, 4329 of 1984 and 4735 of 1984 .....

Indore Development Authority Vs. Shailendra (Dead) Through Its Lrs. An ...

Court : Supreme Court of India

..... once the amount of compensation has been unconditionally tendered and it is refused, that would amount to payment and the obligation under section 31(1) stands discharged and that amounts to discharge of obligation of payment under section 24(2) of the act of 2013 also and it is not open to the person who has refused to accept compensation, to urge that since it has not been deposited in court, acquisition has ..... engineering company ..... the land acquisition act of 1894, the legislature had brought about amendment in section 6 through an amendment act of 1984 to add explanation i for the purpose of excluding the period when the proceeding suffered stay by an order of the court, in the context of limitation provided for publishing the declaration under section 6(1) of the act. ..... in interpreting section 6(a) and section 43 of the transfer of property act, 1882, the supreme court refused to read a further exception in section 43 excluding its operation in cases of transfer of spessuccessionis ..... was held to be sufficient compliance of the said condition laid down in the proviso, [(1955) 1 scr998 management of delhi transport undertaking v. ..... in a case in which consignees of a cargo were prevented from unloading a ship promptly by reason of a dock strike, the court, after holding that in the absence of an express agreement to unload in a specified time there was implied obligation to unload within a reasonable time, held that the maxim lax non cogit ad impossibilia applied, and lindley, l.j .....

Manish Kumar Vs. Union Of India

Court : Supreme Court of India

..... section 2 of the limited liability partnership act, 2008, or an "officer who is in default", as defined in clause (60) of section 2 of the companies act, 2013, or was in any manner incharge of, or responsible to the corporate debtor for the conduct of its business or associated with the corporate debtor in any manner and ..... the amount due as yet, (iii) the secured assets or their management with transferable interest is already taken over and under control of the secured creditor, (iv) no special reason for double security in respect of an amount yet to be determined and settled, (v) 75% of the amount claimed by no means would be a meagre amount, and ..... section 2(s) defines development and it reads as follows: 2(s) development with its grammatical variations and cognate expressions, means carrying out the development of immovable property, engineering or other operations in, on, over or under the land or the making of any material change in any immovable property or land and includes redevelopment; development works is defined in section 2(t) and ..... and operational payments for the previous two years; (iii) list of assets and liabilities as on the initiation date; and (iv) such other matters as may be specified; (b) receive and collate all the claims submitted by creditors to him, pursuant to the public announcement made under sections 13 and 15; (c) constitute a committee of creditors; (d) monitor the assets of the corporate debtor and ..... has come for undertaking a legal odyssey ..... acquisition .....

Narendra Kumar Maheshwari Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1989SC2138; (1989)2CompLJ95(SC); JT1989(2)SC338; 1989(1)SCALE1353; 1990Supp(1)SCC440; [1989]3SCR43

..... the department of company affairs, the cci (mrtp) section furnishes comments on the scheme of finance relating to the proposals of industrial undertakings covered under the monopolies & restrictive trade practices act for effecting substantial expansion for setting up of new undertakings merger/amalgamations ; and acquisition, take-over of other undertakings. ..... rpl, it is submitted that there is no justification to exclude, from the figures of assets shown on p, 6 of the prospectus items such as technical know-now fees, expatriation fees and engineering fees amounting to rs, 79 crores and preliminary and pre-operative expenses amounting to rs. ..... be appreciated that the company's normal business activities would necessarily involve inter alia, alienation of some of the assets of the company from time to time (such as, for example, the sale of the goods manufactured by the company) as well the procurement and discharge of loans and accommodation facilities from banks, financial institutions and others (such as, for example, entering into agreements for hire purchase of plant and machinery and making payments of instalments towards their ..... since the words 'till conversion' were capable of wide interpretation and might have rendered the shares/convertible debentures non-transferable for up to 7 years, the cci modified the consent and limited this restriction to a period of 3 years. ..... 9th august, 1988 the industrial licence dated 2.3.1984 granted to ril for manufacture of pvc was endorsed .....

Siemens Public Communication Networks Pvt. Ltd. and anr. Vs. Union of ...

Court : Supreme Court of India

Reported in : AIR2009SC1204; 155(2008)DLT621(SC)

..... principles laid down in the aforementioned decisions may be summarized as under:i) if there are essential conditions, the same must be adhered to;ii) if there is no power of general relaxation, ordinarily the same shall not be exercised and the principle of strict compliance would be applied where it is possible for all the parties to comply with all such conditions fully;iii) if, however, a deviation is made in relation to all the parties in ..... 1 to 4 stands without correction there will be inherent inconsistency between the particulars given in the annexure and the total bid amount, it cannot be directed to be considered along with other bid on the sole ground of being ..... . the evaluation committee while undertaking the said process, analyzed the bids of each of the vendors and sought clarifications from all the three vendors wherever felt necessary and also held meetings with each ..... been entered into without ignoring the procedure which can be said to be basic in nature and after an objective consideration of different options available taking into account the interest of the state and the public, then court cannot act as an appellate authority by substituting its opinion in respect of selection made for ..... there was no scope for interference considering the limited scope of judicial review, particularly when, ..... called upon to make firm technical and commercial proposals for the supply and transfer of technology of drts to respondent ..... ..... the civil service 1984 (3) all.er. .....

National Textile Corpn. Ltd. Vs. Sitaram Mills Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR1986SC1234; (1986)88BOMLR662; [1987]61CompCas373(SC); (1986)2CompLJ261(SC); 1986(1)SCALE657; 1986Supp(1)SCC117; [1986]2SCR187

..... company whether within or outside india and all books of account, registers and all other documents of whatever nature relating thereof.in the act, 'textile undertaking' as defined in section 2(d) reads : 2(d): 'textile undertaking' or 'the textile undertaking' means an undertaking specified in the second column of the first schedule.the term 'textile company' is also defined in section 2(e) as : 2(e) : 'textile company' means a company (being a company as defined in the companies act ..... and their financial condition has thereafter further deteriorated; and whereas certain public financial institutions have advanced large sums of money to the companies owning the said undertakings with a view to making the said undertakings viable; and whereas acquisition by the central government of the said undertakings is necessary to enable it to invest such large sums of money; and whereas pending the acquisition of the said undertakings ..... , purporting to rely upon the aforesaid decision of this court in new satgram engineering works' case and therefore relegated the parties to have the matter settled by a civil suit. ..... section (1) of section 3 of the act the right, title and interest of the owners in relation to the coal mines specified in the schedule stand transferred to, and ..... this, the company resorted to borrowings far in excess of its limits, the amount drawn on ..... payment ..... 1984-85.with this realisable asset, the idbi expected that it would be possible to make the respondents textile undertaking .....

Union of India and anr. Vs. Tulsiram Patel and ors.

Court : Supreme Court of India

Reported in : AIR1985SC1416; (1985)87BOMLR563; (1985)3CompLJ45(SC); [1985(51)FLR362]; (1985)IILLJ206SC; 1985(2)SCALE133; (1985)3SCC398; [1985]Supp2SCR131; 1985(2)SLJ145(SC)

..... company; while section 36 of that act provided that nothing contained in that act should extend, or be construed to extend, to preclude or take away the power of the court of directors of the east india company from removing or recalling any of its officers or servants and that the court of directors shall and ..... the governor, as the case may be, deems it necessary in order to secure the services of a person having special qualifications, provide for the payment to him of compensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected with any ..... and impartial justice (social, economic and political), freedom (not only of thought, expression, belief, faith and worship, but also of association, movement, vocation or occupation as well as of acquisition and possession of reasonable property), of equality (of status and of opportunity, which imply absence of unreasonable or unfair discrimination between individuals, groups and classes), and of fraternity(assuring dignity of the individual and ..... an imperial power and thus is an anachronism in this democratic, socialist age and must, therefore, be confined within the narrowest limits, it was submitted on behalf of the union of india that this doctrine was a matter of public policy, and it was in public interest and for public good ..... engineers (consisting of an irrigation branch and a roads and buildings branch), the indian veterinary service, the indian forest engineering service and .....

Bombay Environmental Action Group, a Society Registered Under the Soci ...

Court : Mumbai

Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)

..... and 11).in this case, section 12b of income tax act, 1922 had been amended and an exception carved out by the proviso in favour of transfer of capital assets by reason of compulsory ..... in the public interest to acquire the said textile undertakings of the textile companies to ensure that the interest of general public is served by the continuance by the said undertakings of the companies the manufacturing, production and distribution of different variety of cloth and yarn which are vital to the needs ..... observed that the true test of reasonableness is nothing substantially different from social engineering, balancing of interests or any other formulae which modern sociological theories ..... previous approval of the commissioner to a layout prepared for development or redevelopment of the entire open land and/or built up area of the premises of a cotton textile mill which is either sick and/or closed or requiring modernisation on the same land, the commissioner may allow,:(a) reconstruction after demolition of existing structures limited to the extent of the built up area of the demolished structures, including by aggregating in one or ..... mill and piramal mills which have sought development after 2001, instead of ensuring immediate payment, the workers have been paid paltry amounts in lengthy instalments and till date the ..... . - : [1984]1scr767 wherein the supreme court has observed that, 'with respect, we find it difficult to subscribe to this untenable approach that the view of .....