Court : Mumbai
1] This company Appeal is filed by the Appellants original Petitioners impugning the order passed by the Company Law Board, Mumbai (CLB) in Company Petition No.132 of 2009. By the order under challenge dated 14th May 2010, the learned Member of the CLB has dismissed this petition and vacated all interim orders therein. 2] This appeal has been admitted on the questions of law which have been framed by this Court in its order of Admission, dated 28th June 2010. The same read as under:- "Heard all the parties. In my view, there are several important question of law which arise in this company appeal. Some of the questions of law which can be formulated are as under:- "A. Section 111A is the only provision that talks of free transferability of shares. In view of section 111A read with section 111(14), the provisions of section 111A do not apply to a private company which had become a public company by virtue of section 43A. Accordingly, section 111A is not applicable to the present company...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2920; JT2005(6)SC79; (2005)5SCC665
..... capacity as president of the aasu, stated that the results achieved were extremely poor. it was decided therein that home minister would visit certain sectors of indo-bangladesh border to take stock of the situation regarding illegal immigration and the inadequacy of the measures taken to prevent such immigration. reference has been made to certain ..... proviso to this sub-section imposes a restriction that such an application can be given only by a person who lives within the jurisdiction of the same police station in which the alleged illegal migrant is found or resides. section 8(3) imposes some further conditions and restrictions, namely, that the application shall ..... does not carry any sense as these migrants keep moving. the requirement regarding application being accompanied by affidavits of two persons who are residents of same police station or being accompanied by declaration of another person who is resident of same sub-division or that not more than ten such applications can be .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)BomCR293
..... corruption tends to be more widespread in authoritarian or totalitarian regimes and when public opinion and the press are unable to denounce corruption. corruption develops because of confusion about the borders between state and society and between traditional and modern values. it can be expected to grow during phases of transition. corruption should disappear in modern stable democratic societies. instead, it ..... 's playground, playground, park, garden, green belt, fire brigade, parking, p.m.t parking, pumping station, office complex, civic and cultural centre, slum improvement, post office, economically weaker section housing, police chowky, municipal purpose, high level after tank, cremation and burial ground, cattle shed and industrial zone. the relevant entry is at serial no. 8. serial no. 8 shows that in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305
..... backward tracts will not be discharged merely by securing to them protection from exploitation and by preventing those outbreaks which have from time to time occurred within their borders. the principal duty of the administration is to educate these peoples to stand on their own feet, and this is a process, which has scarcely begun. ..... methods by which the tribals were deprived of their lands. numerous methods adopted to exploit them having become unbearable, they rebelled against their exploitation. inderelli [andhra pradesh] police firing in which hundreds of innocent tribals were killed, is one of the latest events which would depict the enormity of their exploitation. by laying the railway tracks ..... how could i do this? then rama gaudu brought some men and sowed on land. moreover rama gaudu had reported to the police that i had illegally ploughed his land. so the sub-inspector of police came to me house with some constables and wanted to arrest me. but in the end they did not take me to` .....
Tag this Judgment!Court : Supreme Court of India
..... :- 73. ....... this court in numerous decisions has held that no consideration should be shown to the builder or any other person where construction is unauthorised. this dicta is now almost bordering the rule of law. stress was laid by the appellant and the prospective allottees of the shops to exercise judicial discretion in moulding the relief. such a discretion cannot be ..... 1996 (6) scc 530. the court had thereafter passed an order that the minister concerned shall show cause within two weeks why a direction be not issued to the appropriate police authority to register a case and initiate prosecution against him for criminal breach of trust of any other offence under law. this court held in paragraph 174 of its judgment .....
Tag this Judgment!Court : UK Supreme Court
..... for the civilians that, because of the special circumstances in which british troops were operating in basra, the conduct complained of, although taking place outside the borders of the united kingdom and any other contracting state, fell within the exceptions recognised by the strasbourg jurisprudence. 20. the house held that, although one ..... retreat from the principle in hill's case would have detrimental effects for law enforcement. whilst focusing on investigating crime, and the arrest of suspects, police officers would in practice be required to ensure that in every contact with a potential witness or a potential victim time and resources were deployed to avoid ..... be found and then for further consideration to be given to the applicable law." vi) finally, the policy considerations justifying immunity in respect of the police's function of investigating crime were contrasted with "civil operational tasks", in relation to which liability had been accepted in some decided cases (lord hope, .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]95CompCas663(Guj)
..... be decided in the context of facts of that case. it also cleared that deprivation by acquisition or taking possession is different from deprivation by reference to police powers because the context of the controversy was that whether in the case of deprivation by acquisition existence of public purpose and concept of adequate compensation are implicit ..... of having a specific authority before a person can be deprived of his property on the ground of statute being for acquisition of property or for conferring police powers on the state or of beneficial or remedial character has been made in the case. the issue about deprivation of property and fulfilment of requirement of ..... natural justice in an appellate body.' 279. the aforesaid view of megarry j. was followed by the ontario high court in canada in cardinal and board of commissioners of police of city of cornwall, in re [1974] 42 dlr (3d) 323. the supreme court of new zealand in wislang v. medical practitioners disciplinary committee [1974] .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2006KAR318; 2006(1)KarLJ1
N. Kumar, J.1. The appellants-Bangalore Development Authority (for short, 'the BDA'), the State of Karnataka, the former Chief Minister Sri S.'M. Krishna and two others have challenged in this batch of eight writ appeals the order of the learned Single Judge quashing the acquisition proceedings pertaining to 'ARKAVATHI LAYOUT' as well as the declaration made to the effect that the BDA has no jurisdiction to frame developmental schemes in Bangalore Metropolitan Area and against other reliefs granted in the writ petitions. Some writ petitions have also been filed challenging the acquisition of land for the formation of the 'Arkavathi Layout' on the grounds, which have been upheld by the learned Single Judge, in the impugned judgment under appeal. Since identical questions of law and fact arise for consideration in the writ appeals and the writ petitions they are taken up for consideration together and are being disposed of by this common order. The facts leading to the present proceeding...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(4)Raj2568
Calla, J. 1. This Special Appeal (Writs), preferred by the State of Rajasthan and the Rajasthan Minorities Commission, is directed against the judgment and order dated dated 15th of September, 2000, filed under Section 18 of the Rajasthan High Court Ordinance, 1949, passed by the learned Single Judge in S.B. Civil Writ Petition No. 2684/2000, whereby the petition has been disposed of with certain.2. The original petition had been filed by Vijay Shanti Educational Trust, Chennai, against the respondents - State of Rajasthan through the Secretary, Medical and Health Department, Government of Rajasthan; the Secretary; Home Department, Government of Rajasthan, and the Rajasthan Minorities Commission, on 4th of August, 2000, seeking a declaration that the orders dated 1.8.2000 (Annex. 16) and 3.8.2000 (Annex. 17) with the petition, be declared to by illegal and be quashed, with consequential benefits to the petitioner and by an appropriate writ, order or direction, it may be declared that t...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(1)ALT629
B.K. Somasekhara, J.1. These matters involving common questions of facts and law are heard together and being disposed of with this common judgment.2. Notwithstanding each case seeking reliefs by the petitioners, W.P. No. 19652/96 being the Public Interest Litigation (PIL) involving same important questions the determination of which having bearing on the results of the other cases, is being taken up initially. With the representation of several advocates for the parties on both the sides, the stipulated grounds in the respective cases in the form of contentions, counter-contentions, and the rejoinders were, with all learning, presented by Mr. M.V.S. Suresh Kumar, Mr. Satyanarayana Prasad, Mr. B. Sudhakar Reddy, Mr. R. Subhash Reddy and Mr. Raghunandan for the petitioners and Mr. H.S. Gururaja Rao for 1st respondent, Mr. K. Ramakantha Reddy, Mr. I. Dakshinamurthy, Mr. B. Nalini Kumar, Mr. C.Malla Reddy, Mr. A Gopal Rao, Mr. C.V. Mohan Reddy, Mr. V. Rajagopal, Mr.P. Kamalakar, Mr. M. Su...
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