Court : Company Law Board CLB
Decided on : Nov-18-1998
Reported in : (2002)110CompCas336
..... ram manohar lal v. national building material supply, gurgaon, air 1969 sc 1267, wherein the court held that leave to amend pleadings should be given unless the court is satisfied that the party applying was acting mala fide. according to shri sarkar, the second petition consists of certain subsequent events after filing of the first petition, ..... these petitions nor any case has been made out for winding up of the company under just and equitable grounds. further, relying on maharani lalita rajya lakshmi v. indian motor co. (hazaribagh) ltd. [1962] 32 comp cas 207; air 1962 cal 127, he stated that an attempt to get majority in a company by lawful ..... this application was filed much later after the second petition was filed and that as the petitioner himself avers in the application that the prayer for consolidation/amendment has been the off-shoot of the respondents' having filed applications challenging the maintainability of both the petitions shows that, at the time when the petitioner .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-17-1998
Reported in : 1998(4)AWC17
..... court). learned counsel for the respondents has strenuously contended that on the facts of the present case provisions of section 7 (iva) of the court fees act as amended by u. p. act no. xix of 1938 are attracted and since the will in question amounts to an instrument securing property having money value and plaintiff's predecessor-in-title ..... court in the case of smt. bishnu shri v. smt. suraj mukfii and others (supra). the majority view of the court after considering the provisions of indian succession act and the court fees act was that the word 'instrument' in section 7 (iva) includes formal or legal documents in writing. it is sufficiently broad to include wills also. in ..... held that :'the question is whether a will can be regarded as a legal document which makes any property secure or safe. section 2(h) of the indian succession act define a will as a 'legal declaration of the intention of the testator with respect to his property which he desires to be carried into effect after his .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-17-1998
Reported in : 1999(2)AWC943; (1999)IILLJ1093All; (1999)1UPLBEC27
..... the bank with immediate effect in terms of regulation no. 10 (2) (a) of prathma bank (staff) service regulations, 1980, read with prathma bank (staff) service amendment regulations, 1982. a cheque no. m/16 no. 411917 for rs. 3,798 (rupees three thousand seven hundred ninty eight only) being the salary of three months in ..... was necessary to be made as the process of confirmation was not automatic and even if the two year period as provided in rule 3 (1) of the indian police service (probation) rules. 1954 had expired, confirmation would not ipso facto follow. while the probation rules prescribed an initial period of two years of probation, ..... indefinitely and thereby overreach the statutory limitation on extension of probationary period. in my opinion, therefore, the clause aforestated is hit by section 29 of the contract act besides being liable to be ignored as an addition of meaningless surplusage in the service contract.30. the expression 'shall be confirmed' used in regulation 9 suggests .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-17-1998
Reported in : 1998(4)AWC139
..... of arrears of rent and ejectment and damages for use and occupation of the suit premises. by u. p. civil laws (amendment) act xxxvii of 1972. a new article 14 was inserted in the provincial small causes court act conferring jurisdiction on judge. small causes court to try the suits for ejectment and recovery of arrears of rent and damages for ..... . there is nothing in the indian law to warrant the suggestion that the decree or order of the court or tribunal of the first instance becomes final only on the termination of all proceedings by ..... privy council in juscurn boid v. pirthichand lal, 46 ind app 52 : air 1918 pc 151, whatever be the theory under other system of law, under the indian law and procedure an original decree is not suspended by the presentation of an appeal nor is its operation interrupted where the decree on appeal is merely one of dismissal .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-17-1998
Reported in : (1999)121PLR482
..... the right of the landlord to evict the tenant from a non-residential building for bona fide need was taken away and, therefore, the provisions of the amended act were violative of article 14 of the constitution and were liable to be struck down. it was observed by the apex court in that case as under ..... requirement was bona fide.5. before the 1973 act was enacted, there was in force in haryana, the east punjab urban rent restriction act, 1949 (hereinafter referred to as the 1949 act). the said act was repealed by the 1973 act. the relevant provisions in the 1949 act before its amendment by the amending act of 1956 were as under:-section 13 - eviction ..... of his family and produces a certificate from the prescribed authority referred to in section 7 of the indian soldiers (litigation) act, 1925 that he is serving under special conditions within the meaning of section 3 of that act.explanation.- for the purposes of this sub-clause family means such relations of the landlord as ordinary live .....
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 : Madhya Pradesh
Decided on : Nov-13-1998
Reported in : AIR1999MP96; 1999(1)MPLJ148
..... in the gazette of india (extra ordinary) part ii dated 9th july 1998. by this notification, provisions of the prevention of food adulteration act 1954 and the rules framed thereunder have been amended. the notification reads as under:ministry of health and family welfare (department of health) notificationnew delhi, the 27th november 1997g.s.r. ..... of idd and which will result in improved quality of life.5. the petitioner also drew our attention to a communication of national institute of nutrition. indian council of medical research, hyderabad dated 19th march 1991. in this communication, it is emphasised that consumption of iodised salt by persons not suffering from ..... 16 districts which suffer from idd. on the basis of survey report conducted at the national level, a decision was taken to amend the provisions of the prevention of food adulteration act thereby making theconsumption of iodised salt as a must. the detailed report of the national idd control programme survey has been placed .....
Tag this Judgment!Court : Chennai
Decided on : Nov-13-1998
Reported in : 1998(3)CTC318
..... provides that the licensee shall observe all provisions covered in the major port trusts act, indian ports act, port laws amendment act, customs act, dock safety regulations, indian electricity rules, ilo regulations and other laws, bye-laws, other rules in force as amended from time to time and practices applicable for allotment and working of vessels at ..... respondents had very specifically undertaken to observe all the provisions covered in the major port trusts act, indian ports act, port laws amendment act, customs act and also other laws, regulations, bye-laws and other rules in force as amended from time to time and also the practices applicable for allotment and working of vessels at ..... extreme argument that the regulations do not exist any more, for as sub-section (2d) (c) saves the regulations framed under indian ports act, 1908 and madras port trust act 1905.the specific language of that provision is under:'anything done or any action taken or purported to have been done or taken .....
Tag this Judgment!Court : Delhi
Decided on : Nov-13-1998
Reported in : 1999(1)ARBLR298(Delhi); 77(1999)DLT155; 1998(47)DRJ726; (1999)121PLR49
..... clear and unequivocal denial of that right by the respondent. 7. my attention was also drawn to the notification dated 8.1.1997 notifying the indian contract (amendment) act, 1996 amending the provisions of section 28 of the contract act which provides thus:- 'every agreement: (a) by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract ..... and arbitration clause is not invoked within 90 days of the date of payment of final bill, the said claim would not be entertained. 6. article 137 of the limitation act also lays down provisions fixing the time limit for raising the claims and invocation of the arbitration agreement. according to the said provisions, a claim is to be raised within .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-13-1998
Reported in : (1999)1CALLT213(HC),II(1999)DMC5
..... such, the question of allowing a time-barred claim to be added would not arise. section 29 of the limitation act reads as under :'29. savings (1) nothing in this act shall affect section 25 of the indian contract act, 1872.(2) where any special or local law prescribes for any suit, appeal or application a period of limitation ..... it must be held that the delay in specifically claiming the relief under section 25(1) of the special marriage act can not be considered to be unreasonable and unnecessary at the stage of allowing the amendment without deciding the question on evidence during,the trial. thus, for the reasons stated above, there is no scope ..... for a matrimonial appeal under the indian divorce act and the period is computed according to the general law as provided in the limitation act. that was also the position in respect of matrimonial appeals under the hindu marriage act until a special period of limitation was provided in section 28(4) as amended in 1976.'8. but this observation .....
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