Court : Delhi
Reported in : AIR1991Delhi25; [1991]70CompCas388(Delhi); 41(1990)DLT633
..... .7,40,606.65 together with costs and interest has been filed by the plaintiff against the defendant - national insurance co. ltd. the plaintiff is a company incorporated under the companies act, 1956, having its registered office at e-5, hauz khas, new delhi. the plaint has been signed and instituted by one shri g. jhajharia who ..... to depose to the same. learned counsel referred to section 14, 26, 28; schedule i and table a and section 291 of the companies act and contended that all powers of the company are with the board of directors and an individual director cannot, without a specific resolution of the board, institute a suit. the power to ..... claims to be the director and principle officer of the plaintiff company authorised to sign the plaint and institute the suit. the defendant is a nationalised company. 2. the plaintiff .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)1GLR481
..... in a petition under article 226 to see that the victim is protected, and the innocent is assisted against the mighty power of state management of the company, as the case may be. if not, the impugned action of imposition of penalty finding person guilty, cannot be interfered with, as the writ ..... 14 guarantees is similarity of treatment, contra-distinguished from identical treatment. the executive authority or the administrative functionary while exercising statutory power cannot behave or act in a fanciful and arbitrary manner emanating discrimination and victimization of a party, who has the right guaranteed under the law. reasonableness and fairness are ..... the discrimination against the petitioner, the principles of parity of punishment with co-delinquents can also be invoked. the disciplinary authority cannot be permitted to act arbitrarily and work like a roman knight. it cannot be allowed a fight between david and goliath. the constitutional writ redressal is designed to interfere .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1985Raj185; 1983()WLN439
..... of misdescription of the defendant. chakravarti c. j. observed, on the question whether the order allowing an amendment was a 'judgment' containing the substitution of the company for a firm, that the order in question allowing an amendment was on a vital point concerning the merits of the case and the rights of the newly created ..... down in the aforesaid cases, we find no difficulty in holding that the high court while trying an election petition under section 80a(2) of the act is only acting in its ordinary jurisdiction as a court and the power to hear election petitions and decide election disputes is conferred upon the high court not by ..... election tribunals and the trial of election petitions. part vii outlines the various corrupt and illegal practices which may affect the elections, and electoral offences. obviously, the act is a self-contained enactment so far as elections are concerned, which means that whenever we have to ascertain the true position in regard to any matter connected .....
Tag this Judgment!Court : Karnataka
Reported in : [2003]115CompCas681(Kar); ILR2002KAR3323
..... the rate at which moneys are lent or advanced by nationalized banks in relation lo commercial transactions. explanation i specifies what is the meaning of 'nationalised bank' while explanation ii provides that for the purpose of section 34, civil procedure code a transaction is a commercial transaction if it is connected with the ..... the ground the original authority is located within its territorial jurisdiction... let me take the illustration of a debt due to a financial institution from a company situated at hyderabad secured by immovable and movable properties situated at hyderabad, the debt recovery tribunal, where proceedings are initiated for recovery may be situated ..... jurisdiction, power or authority by (civil) courts, on and from the appointed date, in relation to matters specified in section 17. chapter iv of the act relates to the procedure of tribunals. section 19 provides for filing of applications of the tribunal. sub-section (4) thereof (before the amendment) provided that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC2809; 2007(7)SCALE631
..... any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of clause (1), be deemed to be to be guilty of misbehavior.5. the contours of enquiry when a reference is ..... to do such illegal actions in the future in conjunction with one mr. nitin sathe.charge - 2whereas the respondent no. 3, ms. sayalee joshi committed an act of misbehavior by interfering with an internal inquiry being conducted by the secretary of mpsc regarding alleged malpractices in the examination for psi/asstt/sti conducted by the mpsc ..... high dignitaries, though their names were mentioned in the application. they had made the complaint application only to the chairman of the commission. mr. wani was the acting chairman then. it was true that in response to her complaint a communication was received from the secretary of the commission mrs. seema dhamdhere. that communication asked her .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1995Raj239; 1995(2)WLN441
..... who treasures religion and ethics, a catholic or (for this matter) any one who believes in religion, cannot support the atheistic forces or their allies. to act otherwise would be a challenge to the holy teaching authority of the church. obvisouly the church-leadership which has given these guidelines has vested interest or selfish ..... reply was also filed by the respondent to this application. 11. on december 8, 1994, the original petitioner submitted an application under section 109 of the act seeking permission for withdrawal of the election petition. on december 13, 1994, this application for withdrawal was allowed. notice of withdrawal of the election petition was ..... attempted to interfere with the free exercise of any electoral right amounting to the corrupt practices of undue influence within the meaning of section 123 of the act. neither the manner in which the undue influence was exercised was mentioned nor the persons on whom the undue influence was exercised were named. even .....
Tag this Judgment!Court : Karnataka
Reported in : (1991)99CTR(Kar)269; ILR1991KAR3414; [1992]194ITR584(KAR); [1992]194ITR584(Karn)
..... over the application of this principle of acquiescence, stating that, where the action of the appropriate authority is without jurisdiction, this principle would not apply. reliance is placed on khardah company ltd. v. raymon and co. (india) (p.) ltd., air 1962 sc 1810, and at pages 1815 and 1816, it is stated thus : 'but what confers ..... provided that if any liability for any tax or any other sum remaining payable under this act, the wealth-tax act, 1957 (27 of 1957), the gift-tax act, 1958 (18 of 1958), the estate duty act, 1953 (34 of 1953), or the companies (profits) surtax act, 1964 (7 of 1964), by any person entitled to the consideration payable under section 269uf ..... interpret the meaning intended to be conveyed by the use of the words under the circumstances. therefore, though ordinarily the word 'insurer' as used in the act (insurance act, 1938) would mean a person or body corporate actually carrying on the business of insurance it may be that in certain sections the word may have a .....
Tag this Judgment!Court : Delhi
Reported in : [1989]66CompCas149(Delhi)
..... and they were proceeded ex parte. at the time of accident, both the vehicles were insured with m/s calcutta insurance limited. after the nationalisation of the general insurance in india, the said company was later on represented by national insurance co. ltd. respondent jit singh filed written statement. in his written statement, it has been alleged ..... of the widow and minors bereaved parents who lose either their only or the main bread-earner in the family.' 51. the insurance company must prove that the policy in question is an 'act only' policy. the amount mentioned by the statute is the minimum amount. but the policy can always cover higher risk to third ..... truck no. pnq-2409 was owned by respondent avtar singh. 4. the appellants filed an application, being suit no. 316 of 1968 under section 110a of the act before the motor accidents claims tribunal, delhi, thereby claiming a compensation of rs. one lakh as the legal representatives and dependents of the deceased. in the application, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1991)93BOMLR34; [1991]72CompCas336(SC); 1991(53)ELT481(SC); JT1991(1)SC549; 1990(2)SCALE1352; 1992Supp(1)SCC496; [1990]Supp3SCR583
..... detention of an individual. after the decision of this court in rustom cavasjee cooper v. union of india : [1970]3scr530 which is otherwise known as the bank nationalisation case and in maneka gandhi v. union of india : [1978]2scr621 , it is now well-settled (if ever there was any doubt) that the fundamental ..... detain him under the provisions of the andhra pradesh prevention of dangerous activities of bootleggers, dacoits, drug offenders, goondas, immoral traffic offenders and land grabbers act, 1986, filed a writ petition in the andhra pradesh high court alleging that the successive actions initiated against him were a part of a political vendatta. ..... preventive detention as apart from punitive detention, the restrictions placed on a person preventively detained must, consistently with the effectiveness of detention, be minimal. any act which damages or injures or interferes with the use of any limb or faculty of a person either permanently or even temporarily would be within the inhibition .....
Tag this Judgment!Court : Gujarat
Reported in : [1994]209ITR993(Guj)
..... the case of dehra dun tea co. ltd. cit : [1973]88itr197(sc) , the court dealt with payment of tax by the assessee-company on the tea garden lands under the u. p. large land holdings tax act, 1957, and held that if the expenditure laid out by the assessee is as an owner-cum-trader an the expenditure is really incidental ..... to the expenses incurred for ground rent and maintenance charges of the premises at bombay under section 37 of the income-tax act as they were expended wholly and exclusively for the purpose of business of the assessee-company by holding that it cannot be said that they were in the nature of capital or personal expenses. the appellate assistant ..... as a trader and as incidental to his business and held that the lands owned by the assessee companies are their business assets and the tax paid thereon under the u. p. act is an item of expenditure laid out by the assessee companies so traders and as incidental to their business. consequently, the same must be treated as an item .....
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