Court : Supreme Court of India
Decided on : Oct-10-1961
Reported in : AIR1962SC481; [1961(3)FLR473]; (1961)IILLJ632SC; [1962]Supp1SCR36
..... for the sundays from march 3, 1956 on the basis that the guaranteed minimum wage was the daily wage. 23. as has already been mentioned, rule 23 was amended in july 1960, i.e., long after the tribunal gave the award under appeal. we express no opinion as to what the position in law is, after this ..... contravention of rules or orders under section 13. section 22a provides for punishment with fine (which may extend to five hundred rupees) for contravention of any provision of the act or of any rule or order made thereunder if no other penalty is provided for such contravention. the minimum wages rules were made by the central government in exercise ..... is against an award of the central government industrial tribunal at calcutta in a dispute referred to that tribunal by the central government under s. 10 of the industrial disputes act - section 10 between the workmen of the bombay port trust, who are the appellants before us and the trustees of the port of bombay, the respondent in the appeal .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-17-1961
Reported in : AIR1963AP243; [1962]32CompCas64(AP)
..... of the processof the court, and that in this case the company 'has not neglected to pay the amount demanded' within the meaning of section 434 of the indian companies act. reliance has been placed upon the decision of a division bench of the calcutta nigh court, consisting of sander son, c. j. and woodroffe, j. in ..... matters arising for decision, it is necessary to give a short history of the company. the company was incorporated as a public limited company under the hyderabad companies act (act iv of 1320 fasli) on the 3rd day of shehrewar, 1348 fasli (corresponding to 10th july, 1939). the situation of its registered office is at hyderabad. ..... . ex. r-8 also states that pursuant to the instructions given by the central government, necessary amendments had been made and were being put up before the general body meeting while drafts of the managing agency agreement and amendments to the relevant articles of association of the company were being sent to the central government for approval .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-15-1961
Reported in : AIR1962P& H433; [1963]33CompCas1043(P& H)
..... not created any material prejudice in the minds of the respondents. by way or abundant caution, i allow the official liquidator to amend the plaint by indicating in the heading that it is also under section 543 of the indian companies act, 1956. the requisite court-fee may also be paid. (7) lest respondents nos. 2, 3 and 5 should feel that ..... the main petition. but, in order to obviate the objection raised by the respondent, he prayed that the heading of the petition may be allowed to be amended by inserting section 543 of the companies act, 1956, as well. it was also prayed that the petitioner may be permitted to pay the balance of the court-fee, namely, rs. 10.35 ..... april 28, 1961, may be read as part of this order. by that order i had allowed the official liquidator to amend the plaint by indicating in the heading that it was also under section 543 of the companies act, 1956. i had also directed that the requisite court-fee which was required in addition, may also be paid. an opportunity .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-21-1961
Reported in : AIR1962SC588; [1961(3)FLR436]; (1962)0GLR43; (1961)IILLJ678SC; [1962]3SCR171
..... 26 of 1953. the same amending act introduced into this act two new chapters-chapter iiia and chapter iiib of which section 18a in chapter iiia makes provisions as set ..... as it may appoint for the purpose. ' it may be mentioned here that section 15(b) as it originally stood was amended in 1955 and it was after the amendment that the words as mentioned above appear. reference may also be made in passing to section 16 under which once in investigation ..... under section 15 has been commenced or completed the central government if it considers desirable, may issue directions to the industrial undertaking or undertakings concerned in several matters. section 17 of the original act was repealed in 1953 by act .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-17-1961
Reported in : (1961)GLR487; [1962]45ITR294(Guj)
..... to certain changes which were brought about in section 35 and which have bearing on the examination of the contention raised on behalf of the petitioner. prior to its amendment by the finance act, 1955, clause (6a) of section 2 was, in certain respect, differently worded. to sub-clause (c) relating to distribution made to shareholders of a company ..... company. he issued an income-tax refund certificate, as in his opinion the distribution was to be treated as 'dividend' under section 2(6a) (c) of the indian income-tax act. he certified that the total amount of dividends distributed was rs. 5,17,171-20 np. 'out of the reserves formed out of the profits as accumulated profits ..... a company goes into liquidation, the shareholders' right to receive dividend comes to an end. our attention has also been drawn by counsel to the second schedule to the indian finance act, 1948, a provision in clause b(a) of part i relating to rates of income-tax set out at page lxxxii in the income-tax manual, 1959 ( .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-12-1961
Reported in : AIR1962MP301
..... firm museram kishunprasad, air 1950 nag 85 (judgment of 28-9-1947).'merely suing the governor general as representing the entire state owned railways (at least before the indian independence act was passed), is not a proper form of suit because that would render section 80 otiose and meaningless. 'whatever may be the position after the ..... to implead either of the railways is fatal to his suit.12. certainly, we are of the view that an omission like this could have been remedied by a formal amendment; but the plaintiff failed to do se even after the omission was pointed out in the written statement ('other objections' (d)).13. ground no. (i) (c):--the ..... officer,who examined the goods before open delivery, that the damage could not have happened by the mere jolting within the wagon during motion and shunting, and that the boiler must have fallen down before sustaining the damage. in the absence of any alternative theory, this has to be accepted. secondly, the plaintiff has shown what is obvious .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-22-1961
Reported in : AIR1963All55
..... , retainer and breach of trust are serious allegations. the second clause of section 235 recognises that for act mentioned in this section an officer may be criminally responsible also. before the amendment of section 235 by the companies (amendment) act, 1936 the limitation for making an application under this section was to be calculated as that in respect ..... circumstances of the present case can now be considered.44. the earliest case relating to misfeasance which has been brought to my notice is in re wincham shipbuilding, boiler, and salt co., (1878) 9 ch d 329. in that case a director was sought to be made liable on the assumption that he knew about ..... which needed some explanation. they enquired from the past directors but found their replies unsatisfactory. they then applied to this court under section 195 ot the indian companies act of 1913 to direct tha examination of the directors on oath. the application was opposed but was ultimately allowed and the director in-charge seth radhey .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-09-1961
Reported in : AIR1962P& H204
..... case, (1955) 1 scr 290: (air 1954 sc 569) dealt with section 3(1) of the patna administration act, 1915, (bihar and orissa act i of 1915) as amended by patna administration (amendment) act, 1928 (bihar and orissa act iv of 1928) and with a notification issued by the governor of bihar picking out section 104 out of the bihar ..... the wives and daughters of the owners of liquor establishments was held by a majority of the court not to violate the equal protection clause of the fourteenth amendment. likewise, a city regulation which prohibited advertising vehicles in city streets, but permitted the putting of business notices upon business delivery vehicles, so long as ..... the object of the legislation vide 'royester guano co. v. virginia' (1919) 64 law. ed. 989; 'frost v. corporation commission' (1928) 73 law ed. 483; 'hartford steam boiler inspection and insurance co. v. harrison' (1936) 81 law. ed. 1223 and 'wheeling steel corporation v. glander' (1948) 93 law ed. 1544' (page 692 of the report) .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-11-1961
Reported in : 1962CriLJ840
..... contained, in the punjab opium orders, was enlarged and brought in line with the definition of the word 'opium' as introduced by the opium laws (amendment) act of 1957.7. order 5 was also amended by the aforesaid notification dated the 21st march, 1958, and substituted by the following:5. (i) the possession of opium in any quantity by ..... context, 'opium' means-(i) the capsules of the poppy....4. by section 2 of the opium laws (amendment) act, 1937, clause (i) of section 3 of the old act was substituted by the following:3. (i) the capsules of the poppy (papaver somniferum l.), whether in their original form or cut, crushed ..... definition of opium contained in section 3 of the opium act has been amended by the opium laws (amendment) act (52 of 1957). the relevant portion of section 3 of the opium act (1 of 1878), as it stood before the amendment which was relied upon in , read as follows:3. in this act, unless there is something repugnant in the subject or .....
Tag this Judgment!Court : Chennai
Decided on : Aug-11-1961
Reported in : (1962)2MLJ67
..... a notification published under section 64 and would be in force for five years from the date of the commencement of this act. act xix of 1951 was amended by act ix of 1956. section 2, of the amending act substituted a new sub-section in the place of section 64(4). under that provision:every notification published or deemed to be ..... petition under article 226 of the constitution for calling for the papers relating to g.o. no. 3069 (revenue), dated 4th august, 1956, for declaring that the amending act ix of 1956 and the aforesaid government order issued thereunder are ultra vires and inoperative to the extent to which they affect the rights of the petitioner, and for ..... of succession to the office of trustee was hereditary. there was also provision for the framing of a scheme for the management of temples.11. this act was amended by madras act ix of 1937 by introducing a new chapter, namely chapter vi-a. that provided that notwithstanding that a temple or specific endowment attached to a temple .....
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