Court : Kerala
Decided on : Dec-10-1998
Reported in : [1999]97CompCas216(Ker)
..... order as it thinks fit.'19. the provisions in sections 397 and 398 were first introduced in the indian companies act, 1913, as section 153c by the amendment act lii of 1951, following the enactment of section 210 of the english companies act, 1948. section 397 provides against oppression of minority shareholders and section 398 provides for relief against mismanagement ..... otherwise indicated.2. the city hospital private limited, the first defendant in o. s. no. 723 of 1992 is a private limited company incorporated under the indian companies act as per exhibit-a1 memorandum and articles of association and registered on july 12, 1971. the total share capital was originally rs. 5 lakhs divided into 500 ..... pondicherry on august 18, 1992, as he had to attend a meeting of examiners. he was at that time working as the director of the school of indian legal thought in the mahatma gandhi university at kottayam. the first plaintiff as p.w. 3 has also stated so. according to the first plaintiff, the .....
Tag this Judgment!Court : Kerala
Decided on : Dec-04-1998
Reported in : AIR1999Ker122
..... project to the fifth respondent, then appropriate remedial action may be taken by the government. generally speaking, such remedial measures may include setting aside the contract or amendment or alteration in respect of the work remains to be done or award of compensation to the persons who suffered injury or damage. these measures are only illustrative ..... the particular fieldof work; and they have been given an advance ofrs. 25,000/- each. the appellant has taken a loanof rs. 50 lakhs from the south indian bank onhigh interest rate. a stage has reached now wherethe work cannot be stopped abruptly. if it is sodone, the work already done will be destroyedand washed ..... absolutely essential. a trivial mistake may sometimes result in inconceivable damage and loss to the government. thus the public interest is the underlying reason for us to act differently at a time one for denying relief and other for ordering enquiry.22. in the result, the impugned judgment of the learned single judge is set .....
Tag this Judgment!Court : Kerala
Decided on : Nov-16-1998
Reported in : AIR1999Ker161
..... them, the parliament has added a new part relating to panchayats in the constitution by the constitution (seventy-third amendment) act, 1992.'learned additional advocate-general contended that the change brought out in the new act is in consonance with the objects and reasons. according to him, it is possible to read down the provision ..... were won by candidates from bjp, muslim league and congress on each.3. during august and september, 1997 in connection with the 50th anniversary of indian independence celebrations abroad petitioner was invited to spain and italy. in the last panchayath committee meeting held on 20-8-1997 she had informed of her leaving ..... separating and excluding the part which is invalid stating that where the plain and literal meaning that follows from a bare reading of the provisions of the act, rule or regulation is that it confers arbitrary, uncanalised, unbridled, unrestricted power without recording any reasons and without adhering to the principles of natural .....
Tag this Judgment!Court : Kerala
Decided on : Oct-26-1998
Reported in : (1999)153CTR(Ker)79
..... the said year was pending. at that stage, the petitioner filed a petition before the settlement commissioner to have the case settled in terms of s. 245c of the indian it act. the settlement commissioner by order dt. 25th jan., 1991 cancelled the registration given to the petitioner for the asst. yrs. 1975-76 and 1976-77 under the provisions ..... per the provisions of that chapter and the settlement commissioner is not in anyway bound by the other provisions of the act, in particular s. 186 of the act. it is further submitted that the amendment by way of finance act, 1987, was introduced w.e.f. 1st june, 1987 only for the purpose of removing a doubt in this ..... ), then, the courts have to go by the meaning conveyed under the provisions of the act. of course, the learned counsel for the petitioner places before this court the notes and clauses and submitted that there is nothing to indicate that the amendment was introduced only for the purpose of removal of doubts. it has to be pointed out .....
Tag this Judgment!Court : Kerala
Decided on : Oct-15-1998
Reported in : AIR1999Ker25; II(1999)DMC238
..... under care and treatment for at least 5 years immediately preceding the presentation of the petition. even though such amendment had been brought in as early as i n 1937, the grounds for divorce provided under the indian divorce act, 1869 still continuous in its original form. there is elaborate consideration of the provisions contained under the different ..... respondent has turned a lunatic after her marriage. that may not be a ground for decree of nullity of the marriage under section 19(3) of the indian divorce act. the learned judge also did not accept the contention taken by the petitioner that his consent for the marriage was obtained fraudulently by concealing the fact that ..... prayed that his marriage with the 1st respondent is liable to be declared as null and void under section 18 read with section 19(3) of the indian divorce act, 1869.5. even though the petitioner has impleaded the 2nd respondent to represent the 1 st respondent as guardian, no order is seen sought or passed .....
Tag this Judgment!Court : Kerala
Decided on : Aug-29-1998
Reported in : (1998)149CTR(Ker)538
..... companies to manipulate and reduce the taxable income of companies under their control. it is also relevant to note that the explanation was inserted by the said amending act on the basis of the recommendations of the wanchoo committee. the relevant portion reads:'a tax avoidance device often resorted to by business houses controlling groups of ..... would form part of the 1 actual cost' of the assets to the appellant within the meaning of that expression in s. 10(5) of the indian income tax act, 1922, and as to whether the assessee would be entitled to depreciation and development rebate with reference to such interest also. the supreme court resolved the ..... the shares so dealt with must be the shares of other companies. the expression 1 companies' used in that context must mean only companies incorporated under the indian companies act as otherwise there is no question of any 1 shares' being issued by the company. the recommendations in the wanchoo committee report and the object with which .....
Tag this Judgment!Court : Kerala
Decided on : Aug-28-1998
Reported in : AIR1999Ker72
..... to restrain the bank from performing the bank guarantee which cannot be done whereas the respondent could sue the appellant for damages.20. section 17 of the indian contract act defines 'fraud'. it is a comprehensive term and embraces large number of delinquencies. a person who alleges fraud must give particulars thereof in his pleadings. ..... company private limited of 8th floor, kshb office complex, panampilly nagar, cochin 682036 (hereinafter called the contractor) as per clause 3 of annexure i of part i amendments and subsequent letter no. hscl/ gcda/507/94 dated 1-8-1994 upon the contractor furnishing a bank guarantee, we, state bank of travancore, m. g. road ..... the crucial question of temporary injunction, it would be worthwhile to have a peep into the sanctity of bank guarantees in commercial transactions. section 126 of the indian contract act, 1872 defines 'contract of guarantee' as a contract to perform the promise, or discharge the liability, of a third person in case of his default. .....
Tag this Judgment!Court : Kerala
Decided on : Aug-28-1998
Reported in : (1998)150CTR(Ker)564
..... :'form ia[see rule 16][notice of assessment under s. 5/3(3) of the kerala plantation tax act, 1960 as amended by the kerala plantations(additional tax) amendment act, 19671.to.whereas under the kerala plantation tax act, 1960 as amended by the kerala plantations tax amendment act, 1967 (19 of 1967) which has come into force on the 1st nov., 1967 the rate of ..... co. ltd. bonibay vs . cit : [1954]26itr686(bom) as follows:1n order to appreciate this contention one must bear in mind two basic facts about the indian it act. the first is that the indian it act subjects to tax not the income of the assessee in the year of assessment but in the previous year, and the other basic fact is that the liability ..... to tax arises not by reason of the provisions of the indian it act but by reason of the fact that a central act fixes the rate at which the assessee is liable to pay tax and it is by reason of the central .....
Tag this Judgment!Court : Kerala
Decided on : Aug-07-1998
Reported in : AIR1999Ker133
..... reference : '126. prototype of every motor vehicle to be subject to test.-- on and from the date of commencement of central motor vehicles (amendment) rules, 1993, every manufacturer of motor vehicles other than trailers and semitrailers shall submit the prototype of the vehicle to be manufactured by him for test by ..... of the government of india, or automotive research association of india, pune, or the central machinery testing and training institute (budni) m.p. or the indian institute of petroleum, dehradun, and such other agencies as may be specified by the central government for granting a certificate by that agency as to the ..... be specified by the centralgovernment for granting a certificate by thatagency as to the compliance of provisions of theact and rules. after the commencement of themotor vehicles act, 1988 and rules 1989, all thevehicles are approved for registration, subject tothe compliance of prototype test. rule 126 of thecentral rules is extracted below for easy .....
Tag this Judgment!Court : Kerala
Decided on : Jul-08-1998
Reported in : (1998)IILLJ530Ker
..... consider and dispose of ext p5(a) appeal within two months. accordingly, the appellate authority passed ext.p10 order rejecting the appeal. thereupon, the original petition was amended producing ext.p10 order dated january 11, 1996 and challenging the validity of the same.3. the original petition was finally heard onseptember 12, 1997. the learned ..... month of june, 1986. it was also certified in that order that the inland transit/storage losses incurred by the trichur sub depot of trichur district on indian rice for the month of june 1986 worked out to 2.76 percentage on mt. 3398,394.284 and were considered reasonable; that the said losses were ..... . saxena (supra) wherein the supreme court held as follows at p 1248:-'the disciplinary authority can disagree with the findings arrived at by the enquiring officer and act upon his own conclusion, but the only requirement is that the said disciplinary authority must record reasons for his disagreement with the findings of the enquiry officer. if .....
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