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Judgment Search Results Home > Cases Phrase: hooghly docking and engineering company limited acquisition and transfer of undertakings act 1984 section 8 payment of amount Sorted by: old Page 9 of about 174 results (0.225 seconds)

Apr 24 2003 (HC)

Assn. of Victims of Uphaar Tragedy and ors. Vs. Union of India (Uoi) a ...

Court : Delhi

Reported in : II(2003)ACC114; 2003ACJ1631; 2003IIIAD(Delhi)321; 104(2003)DLT234; 2003(68)DRJ128; 2003RLR333

..... tradition that every employee can get one of his child employed in the company and having regard to multiplier 15 the compensation was calculated at rs.3.60 lacs with an additional sum of rs.50,000/- as conventional figure making the total amount payable at rs.4.10 lacs for each of the claimants of the deceased children. ..... delhi vidyut board (formerly known as delhi electric supply undertaking) in total violation of the rules and bye-laws framed for installation of such transformer and that was done with the consent and connivance of the owners of the cinema and the owners of the cinema had agreed to the ..... limited to giving directions, providing interim and final injunctive reliefs and quashing decisions which are vocative of the fundamental rights or violation of law and that the remedy of damages in public law is not available for each and every transgression of fundamental rights nor ultra virus acts by themselves give rise to damages and ..... section 161 of the code of criminal procedure mr.p.c.bhardwaj, assistant engineer ..... delhi vidyut board and the municipal corporation of delhi were all responsible for having contributed to the spreading of fire and smoke by their acts of omission and commission and they are all jointly and severally liable for payment of compensation to ..... and till such time the compensation is paid, respondents 11 and 12 will have no right to ..... and others : [1984]2scr67 , the supreme court held that the court can appoint responsible persons as commissioners and .....

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May 13 2003 (HC)

Sri P.N. Ananthanarayanan Vs. Union of India (Uoi), Rep. by the Secret ...

Court : Chennai

Reported in : (2003)IIILLJ570Mad; (2003)2MLJ633

..... the circle management committee in its meeting held on 20.12.2001 has directed the general manager to initiate such action as against the petitioner as may be necessary, in respect of his representation against the transfer of npa accounts of hpf and cauvery engineering industries limited. ..... the reserve bank of india has no administrative control over the staff of the state bank of india, it has certain amount of control over the highest functionaries of the state bank, and under section 19 of the state bank of india act 1955, the reserve bank of india has a major role to play. ..... i am inclined to hold that as far as the time factor is concerned, it may not be possible to fix any specific time limit and having regard to the judgment of the constitution bench in if the delay is properly explained, then it will not be proper to reject the ..... it is further stated that in respect of bifr case of the southern structurals limited, an undertaking of the tamil nadu government, the petitioner had made serious remarks on the senior officials of the government of tamil ..... to those remarks are very much necessary, as i have taken them into account for arriving at my ultimate conclusions as hereunder and hence the general remarks made from the year 1984 are extracted and appended to this order as an annexure which will also form part of this order.64. ..... 1998, he was transferred from madras as director of finance and on deputation to a company which was virtually a dead company with no assets. .....

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Jun 25 2003 (HC)

S. Rami Reddy Vs. Vice-chairman and Managing Director, Andhra Pradesh ...

Court : Andhra Pradesh

Reported in : 2003(4)ALD609; 2003(6)ALT390

..... contention of the petitioners that they should be permitted to seek reversion from the post of assistant executive engineer to the post of assistant engineer and from the post of assistant to the post of typist, and their seniority refixed, cannot be accepted, and more so when the petitioners have accepted the benefit conferred by the staff regulations, all these years.whether ..... the government cannot direct the corporation to act in contravention of the memorandum of association and under section 291 of the companies act, 1956, it is only the board ..... the identified employee to give an undertaking to the effect that he would not seek re-employment in other government undertakings, is arbitrary and illegal for it violates the provisions of articles 16 and 21 of the constitution of india, and in support of this submission, ..... the staff of the corporation and the direction given by government to the corporation under article 90 of the articles of association to implement the said decision, is not in consonance with the objects of the memorandum of association and the board of directors are expected not to implement it, for such implementation would amount to their surrendering the power ..... adoption of revised pay scales, within the limit of 10 crores per annum, only the ..... according to the learned additional advocate general, deputation is as good as transfer, and therefore, it is not open for the petitioners to contend that ..... allowances and all other payments, ..... and equipment corporation, 1984 .....

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Aug 14 2003 (TRI)

The Icici Ltd. Vs. Dy. Cit, Special Range 36

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... that the excise duty paid by the purchasers of liquor from the company directly to the excise authorities under an arrangement made with the company would amount to payment on behalf of the company and hence includible in the company's turnover for purposes of sales tax and that this was always the correct legal position, recognised by the amendment ..... as considered not necessary).our attention was then drawn to section 2(29) of the gujarat sales-tax act, 1969, where "sale price" has been defined to incuse consideration received for the transfer of the right to use any goods for any ..... given the fact that rseb is a public utility undertaking engaged in the generation and distribution of electricity in the state of rajasthan which cannot be carried on without interruption and for which purpose the undertaking "sought" to be sold under 151 slb ..... date of acquisition by the assessee, the assets were at any time used by any other person for purposes of his business or profession and the assessing officer is satisfied that the mere purpose of the transfer of the assets to the assessee was the reduction of a liability to income-tax by claiming depreciation with enhanced cost, the actual cost to the assessee shall be such an amount as ..... forays into the commercial world and its transactions are limited to examining the genuineness of the particular transaction and it is taboo for persons ..... c buch, chartered engineer and the same ..... all passed by him in 1983 and 1984, before mcdowell was decided (in 1985 .....

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Aug 14 2003 (TRI)

Mid East Port Folio Management Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2003)87ITD537(Mum.)

..... of law, that the excise duty paid by the purchasers of liquor from the company directly to the excise authorities under an arrangement made with the company would amount to payment on behalf of the company and hence includible in the company's turnover for purposes of sales-tax and that this was always the correct legal position, recognised by the amendment made to ..... documentation (f) what is the conduct of the parties how transparent has it been (g) if the lessee is a public utility undertaking, whether the sale of the equipment would be in conformity with the rationale for its existence and whether it would have an adverse impact on its working these are only some of the factors that one is expected ..... necessary).our attention was then drawn to section 2(29) of the gujarat sales-tax act, 1969, where "sale price" has been defined to include consideration received for the transfer of the right to use any ..... cal) 576 : (1998) 66 itr 39 (call explanation 3 says that where before the date of acquisition by the assessee, the assets were at any time used by any other person for purposes of his business or profession and the ao is satisfied that the main purpose of the transfer of the assets to the assessee was the reduction of a liability to income-tax by claiming ..... special bench is limited to the application of the rule laid down in mcdowell, it presupposes that the sale and lease back transaction is valid and therefore, it cannot ..... engineer ..... him in 1983 and 1984, before mcdowell was .....

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Oct 27 2003 (TRI)

Sms Holdings Pvt. Ltd. Vs. Securities and Exchange Board of India

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Reported in : (2004)49SCL117SAT

..... and submitted that regulation 2 (1)(e)(1) identifies person who for a common objective or purpose of substantial acquisition of shares or voting rights or gaining control over the target company, pursuant to an agreement or undertaking (formal or informal) directly or indirectly co-operate by acquiring or agreeing to acquire shares/voting rights/control in the target company.according to the learned senior counsel regulation 2(1) (e) (1) identifies persons acting ..... excludes our taking, under any terms whatsoever, any other new equity stake in a company involved in sub sea engineering or the manufacture and/or installation of sub sea equipment related to the development or exploitation of offshore oil gas ..... of the appellants to file the present appeals on the ground that they are not the aggrieved persons in terms of section 15t and that the sebi's communication dated 6.12.2002 (referred in appeal no.01/2003) is not an appelable order, in view of ..... amount to the concerned shareholders as per their respective entitlement and shall transfer to the acquirer all shares and accretions deposited in the escrow demat account and the account; vii) if, however, the acquirer shall fail to deposit the differential amount ..... sebi(substantial acquisition of shares and takeovers) regulations, 1997 on or before 15.11.2002 by taking 3.7.2001 as the reference date at a price decided as per the regulations and make the payment within the time limit prescribed in ..... payment of gratuity act & others air 1984 .....

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Oct 29 2003 (HC)

Radhey Shyam Gupta Vs. Union of India (Uoi)

Court : Delhi

Reported in : 2003VIIAD(Delhi)481; 107(2003)DLT696; 2003(71)DRJ608

..... acquire built up land cannot come in the way of acquisition, as the lands are sought to be acquired after issuance of notification under section 4 and declaration under section 6 of the act which is the conclusive evidence that the land is ..... directions regarding the transfer of land to the delhi water supply and sewage disposal undertaking the (undertaking) for the stps in delhi and finally directed ..... the apex court pointed out in para 14 as under:14...it is now a well settled principle of law and we need not dilate on this score to the effect that while no period of limitation is fixed but in the normal course of events, the period, the party is required for filing ..... engineer-in-chief will be responsible for taking over the land and also for making payment ..... of new transit station of delhi airport, (deepak pahwa v lg of delhi air 1984 sc 1712; for the purpose of planned development as per plan submitted to the ..... court to direct, in case it finds finally that the acquisition was vitiated on account of non-compliance with some legal requirement that the persons interested shall also be entitled to a particular amount of damages to be awarded as a lump sum or ..... and toubro (supra) acquisition was for a company, the apex court pointed out that several reason to withdraw from acquisition may be there but it must be made known to the company which may have equally sound reasons, or perhaps more, which might persuade the state government to reverse its decision of withdrawing from acquisition .....

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Jan 15 2004 (SC)

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201

..... centralgovernment. in terms of section 7 of the 1972 act and section 9 of the 1973act, the central government was empowered to transfer the said coking coalmines and coal mines to any government company, as may be notified.pursuant to or in furtherance of the said enabling provision, the centralgovernment created various public sector undertakings and transferred thecoking coal mines and the coal mines as the case may be, to one governmentcompany or the other, ..... clyde engineering company ..... from the first day of such month next following the prescribed date up to the month preceding the month of full payment of such cess or up to the month prior to the month of assessment under clause (d) in respect of such period, whichever is earlier, upon so much of the amount of education cess payable by him according to clause (a) as remains unpaid at the end of each such month of ..... wrong assumption that the import fee levied is in the nature of duty which cannot be imposed under the excise act, 1984 when, in fact, the import fee levied is the price for parting with the privilege given to the licensee to import beer into the state and, therefore, the same is within the competence of the state to impose import ..... also be viewed from thecontext that all the mineral rights as also the right to receive royalty byreason of the west bengal estates acquisition act, 1953 and ..... collector. hooghly in purported exercise of its power undersection 72 of the cess act, 1880 directed each brick earth quarrier to filereturns in the prescribed form .....

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Jan 04 2005 (HC)

Richhpal Singh and ors. Vs. State of Rajasthan

Court : Rajasthan

Reported in : RLW2005(1)Raj682; 2005(1)WLC548

..... and sewerage act, 1986 all the functions of public health engineering department were also ..... collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;(b) assign to a panchayat such taxes, duties, tolls and fees levied and collected by the state government for such purposes and subject to such conditions and limits;(c) provide for making such grants-in-aid to the panchayats from the consolidated fund of the state; and ..... every person holding a post encadred in the service consti-tuted under this section shall be entitled to the payment of apension by the state govern-ment out of the consolidated fund of the state in accordance with rules ..... an undertaking that they have joined rajiv gandhi swaran jayanti pathshala as para teachers and ..... and it held that a state transport corporation was not a local authority although it could acquire the land by virtue of the provisions of the land acquisition ..... 1984 sc 1543), the apex court has laid down the following threefold test for examining the constitutional validity of a provision:'(1) whether the provisions of such regulations fall within the scope and ambit of the power conferred by the statute on the delegate;(2) whether the rules/regulations framed by the delegate are to any extent inconsistent with the provisions of the parent enactment; ..... requisition by the director of elementary education or for any other reason in which case the amount shall be refunded. ..... .....

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Feb 02 2005 (SC)

Zee Telefilms Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2005SC2677; (2005)4CompLJ283(SC); JT2005(2)SC8; (2005)4SCC649

..... that all public sector undertakings incorporated under the indian companies act or societies registration act or any other act for answering the description of state must be financed by the central government and be under its deep and pervasive control has in ..... some of the functions do partake the nature of public duties or state actions they being in a very limited area of the activities of the board would not fall within the parameters laid down by this court in ..... this court upon analyzing various provisions of act and the rules framed thereunder observed:'20...it is not necessary for us to quote various other sections and rules but all these provisions unmistakably show that the affairs of the appellant are controlled by the state government though it functions as a cooperative society and it is certainly an extended arm of the state and thus an instrumentality of the state or ..... show that what sort of amount is involved in distributing its telecasting right for a period of four years, inasmuch as both the first petitioner and the fifth respondent offered us ..... (scc p.509, para 16)(6) 'specifically, if a department of government is transferred to a corporation, it would be a strong factor supportive of this inference' of the corporation being an instrumentality or agency of government (scc p.510, ..... engineering college and ..... 1,35,000/- to the board for the payment of air fares for nine members of the indian cricket team which went to kuala lumpur (malaysia ..... 1984]1scr594, rattan arya and .....

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