Court : Allahabad
Reported in : IV(2007)BC190
..... prorata distribution. it was held that question of priorities can be decided by the tribunal in accordance with section 19(ii) and section 529a companies act and that the company court cannot use powers under sections 442, 446 and 537 companies act to stay the proceedings.10. in : air2004bom166 n.k. shah v. joint registrar cooperative societies a full bench of the bombay high court ..... bank case (supra) the question was whether primacy should be given to the companies act or to the r.d.b. act both of which are central acts. it was held that the r.d.b. act is a special act and even if both the acts are special acts the r.d.b. act being the later one would prevail. in that case there were debts due to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1948All146
..... of members so desire. it is not perhaps irrelevant to point out that had the rani khet club been incorporated as many clubs have been incorporated under the companies act, 1913, it could have been wound up voluntarily for any reason whatever if it so resolved by a special resolution.109. moreover when we consider the rules ..... right to coerce the minority.45. i may, by way of illustration, mention the case of partnership where, before the modification made by the indian contract act in india and the partnership act in england, a partnership could be dissolved only by the unanimous vote of the partners.45a. on the question of interpretation of the rules ..... is confined, according to the present rules, to - (a) all commissioned officers of his majesty's naval, military and air forces; (b) all covenanted officers of the indian services; (c) military chaplains; (d) other gentlemen approved by the committee.8. the main object of the club was to provide social amenities to the officers of the .....
Tag this Judgment!Court : Allahabad
Reported in : [1983]6ITD16(NULL)
..... principles of mutuality and, therefore, not liable to be taxed.3. the facts relevant to the point at issue are as follows. the assessee association is registered under the indian trade unions act, 1926, whose membership is confined to persons whose undertakings in business, trade, industry, and agriculture form part of or are connected with the j. k. group of ..... on the members to pay, shall be credited to the general fund and that no expenditure from such fund shall be made in contravention of section 15 of the indian trade unions act, 1926, but may be applied towards the carrying out of the objects of the association. rule 35 provides that in the event of dissolution, the central board ..... non-member nor is there any provision for contribution or subscription being taken from any non-member.an organisation like assessee, which has rules and regulations, can only act within the framework or in accordance with its rules and regulations. even if any employee of the organisation were to do any .....
Tag this Judgment!Court : Allahabad
Reported in : [1962]45ITR125(All)
..... viz., that the levy of the district board tax depended upon the income of the assessee and, consequently, it was not admissible as an expenditure under the indian income-tax act. this form of answer given by the income-tax appellate tribunal indicates that the tribunal proceeded on the assumption that this sum of rs. 2,000 paid ..... was quite right in coming to the view that the contribution was purely in the nature of charity as it was an ex gratia payment being made by the company to assist a school without any obligations towards the school or towards its workers. this amount was, therefore, rightly disallowed, and the second question must, therefore, ..... entertain a ground of appeal when that ground was not raised before the income-tax officer nor before the appellate assistant commissioner ?'the assessee is a limited company which was running a sugar factory within the area falling in the jurisdiction of the district board of meerut during the previous year relating to the assessment year .....
Tag this Judgment!Court : Allahabad
Reported in : [1966]62ITR718(All)
manchanda, j. - this is a case stated under section 66(2) of the indian income-tax act, 1992, by the allahabad bench of the income-tax appellate tribunal. the question referred are :'1. whether there was material for the finding that the sale of three patlas of ..... the supreme court in commissioner of income-tax v. bai shirinbai k. kooka, where in slightly different circumstances where an assessee, who held several shares by way of investment in companies, commenced the business in shares converting some of them into stock-in-trade of the business and subsequently sold some of such shares at a profit, the assessable profit on ..... bequest or succession, as the case may be (see commissioner of income-tax v. buckingham and carnatic co. ltd. and jogta coal co. ltd. v. commissioner of income-tax - purchase; indian iron and steel co. ltd. v. commissioner of income-tax. and francis vallabarayar v. commissioner of income-tax 426. -succession; and commissioner of income-tax v. solomon and sons - bequest .....
Tag this Judgment!Court : Allahabad
Reported in : (1987)IILLJ328All
..... on an application or otherwise. the word officer' has not been defined either under the act or rules framed thereunder. the word 'officer has been defined under the indian companies act. indian fertilizer corporation is a company within the meaning of companies act. the definition of word 'officer' in section 2(3) of the companies act reads as under:section 2(3). 'officer' includes any director, managing agent, secretaries and ..... , has been obtained.(3) no officer of a union shall be entitled to represent any party unless a period of two years has elapsed since its registration under the indian trade unions act, 1926 and the union has been registered for one trade only:provided that an officer of a federation of 5 unions may, subject to such conditions as may be .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1929All536; 118Ind.Cas.145
..... trust for certain minor members of their family, the partnership would be accountable to such individuals alone and the minor members should not for the purposes of section 4, companies act, be regarded as separate partners. in mewa ram v, ram gopal : air1926all337 it was decided that where a person representing a joint hindu family or a firm ..... as a business in which all the coparceners were interested.17. phillips, j., did not share his views. he says:no doubt the provisions of the indian contract act must be read together with the provisions of the hindu law, for the coparcenary of a joint hindu family is of such a nature that it must modify ..... partnership therefore is a relation resulting from the contract and that an agreement, express or implied, is the source of the said relation. the definition in the indian contract act may be compared with the definition given by watson. according to him it is a voluntary contract between two or more persons for joining together their money, goods, .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(3)AWC2865
..... an authority or a body owned or controlled or aided by the government or a local authority or a government company as defined in section 617 of the companies act, 1956 and includes departments of a government;32. identification of posts which can be reserved for persons with disabilities.- appropriate governments shall-(a) identify ..... auditor-general of india. sub-article (5) thereof deals with rule making power of the president regarding the conditions of service of persons serving in the indian audit and accounts department and the administrative powers of the comptroller and auditor-general subject to any provisions of the constitution or any law made by the ..... the state government. it is further stated that under the provisions of section 33 of persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 (act no. 1 of 1996), the quota which shall be fixed for physically handicapped persons shall not be less than 3% of vacancies. it is further .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2009All126; 2009(1)AWC579
..... giving rise to both the writ petitions are that the first writ petitioner m/s. mak plastic (p) ltd., a private limited company duly incorporated under the companies act, 1956 (hereinafter referred to as 'the company'), is the principal borrower and the second writ petitioner, krishna kumar maheshwari stood guarantor to the said loan being director of the ..... scheme' means a scheme sponsored by way of financial assistance by the state government under which the state government either advances money to a banking company or a government company for the purpose of disbursing loans, advances or grants or for purpose of sale of goods on credit or hire-purchase or guarantees or agrees ..... the court was to cull out the ratio decidendi and to examine if the explanation or clarification given runs counter to earlier judgment and if so, to what extent. indian bank v. a. b. section marine products pvt. ltd. : air2006sc1899 , speaks as follows:one word before parting. many a time, after declaring the law, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2007All39; 2007(1)AWC329; [2007(2)JCR340(All)]
..... (now dead) and represented by his heirs and legal representatives from its owner namely lucknow diocesan trust association (l.d.t.a.), duly incorporated under the companies act, for a sum of rs. 1,50,000/-. on 5th may, 1960 the applicant and ldta entered into registered agreement to purchase the aforesaid premises by ..... contemplates a situation, when an instrument of conveyance, (like exchange, gift, settlement, award or trust) shall be referred by registering officer (appointed under the indian registration act) to the collector for determination of market value of such property if market value of property, as set forth in instrument in question is less than even ..... exercise of various powers conferred on the state government as mentioned in the notification itself which reads as follows:in exercise of the powers conferred by the indian stamp act, 1899 (ii of 1899), and in pursuance of the powers conferred by the notification of the government of india finance department (central revenues) no .....
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