Court : Kolkata
Reported in : [1994]207ITR743(Cal)
..... which is to be constructed, accruing or arising from any transaction (whether by way of becoming a member of, or acquiring shares in, a cooperative society, company or other association of persons or by way of any agreement or any arrangement of whatever nature), not being a transaction by way of sale, exchange or ..... is, therefore, impossible to say that the legal right of the appellant was not infringed by the provisions of the impugned act. in the circumstances, as the appellant's personal right to manage the company and to receive remuneration therefor had been infringed by the provisions of the statute, it had locus standi to file the ..... the authorities also show that the right has been understood as a pre-emptive right (see tamil trading and credits p. ltd. v. appropriate authority : [1991]188itr623(delhi) ; kelvin jute co. ltd. v. appropriate authority : [1990]185itr453(cal) and naresh m. mehta v. appropriate authority : [1991]188itr585(mad) ).87. in addition, the finance minister, in .....
Tag this Judgment!Court : Delhi
Reported in : 1997VIAD(Delhi)357; 69(1997)DLT36
..... (520) but whatever the position may be, the punjab & sind bank had filed suit against the members of the family including two companies. section 58(e) of the transfer of property act, 1882 defines what is an equitable mortgage. the bank must have verified whether the mortgagor had subsisting title over the property. section 54 ..... the relief of specific performance and also for injunction. the defendants are skipper sales pvt. ltd. first defendant. skipper towers pvt. ltd. 2nd defendant, william jacks & company (india) ltd. 3rd defendant. it is the case of the plaintiff that international industries annual obtained the rights to purchase flat no. 110 measuring 760 sq.ft. ..... the concept on possession has not been properly appreciated by the commissioners. the learned counsel relied upon the judgment of the privy council reported in midnapur zamindary company limited v. naresh narayan roy and others, 51 ia 293. he referred to passage at 299 which states 'in india persons are not permitted to take .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2004)136PLR753
..... and which do not make any dent on the patriotic image of shaheed bhagat singh and his associate freedom fighters. the respondents have relied upon section 5b of the act of 1952 to assert that notification of government of india, ministry of information and broadcasting dated 6.12.1991, giving guidelines to the board of film certification before ..... term 'contempt of court' and(xix) national symbols and emblems are not shown except in accordance with the provisions of the emblems and names (prevention of improper use) act, 1950 (12 of 1950).'19. the board of film certification shall also ensure that the film;-(i) is judged in its entirety from the point of view of its ..... of serial titled 'tamas' in the context of fundamental rights of the petitioner under articles 21 and 25 of the constitution of india as also section 5b of the act of 1952. the petitioner who was a practising lawyer in the bombay high court, had approached hon'ble supreme court by means of the petition under article 32 .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)2GLR910
..... has committed itself under the trust deed. of late the courts have recognised by adopting a creative approach to look upon the directors of a joint stock company as directors acting for and in the interest of the community and, therefore, this court must exercise the jurisdiction since a public duty is cast on a public trust ..... and the central government, or from any national or international social welfare agencies. seventhly, whether the board of trustees made any efforts to obtain accommodation from any nationalised or scheduled or a co-operative bank other than the ahmedabad cooperative bank ltd. by way of short-term or long-term arrangement. eighthly, what was the ..... in support, it was urged that of late the courts have recognised by adopting a creative approach to look upon the directors of the stock exchange companies as directors acting for and in the interest of the community and therefore this court must exercise the jurisdiction since public duty is cast on a public trust set up .....
Tag this Judgment!Court : Rajasthan
Reported in : 1980WLN(UC)379
..... umbrella of 9th schedule only was negatived on the ground that the umbrella provides protection to the act from constitutional challenge but it can always be examined whether a scheme of nationalisation fulfils the requirement of the act.32. apart from this, in the judgment of sindhi sahiti mal purpose transport, cooperative society, ..... 9th schedule of the constitution also proved insufficient to provide immunity from judicial review of schemes of nationalisation under the act. every fresh theme of nationalisation, invariably leads to opening of fresh legale battle fronts, as the war of nationalisation is unending and every expanding, the basic reason being it is primarily a 'socio economic' ..... meters have been given. it can, therefore, be said that the plan for nationalisation of the various routes was considered and that formed the material for forming an opinion as required under section 68-c of the act. therefore, there is no prima facie merit in the submission that the corporation has .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988(1)WLN191
..... requirement of consideration is overridden by the broad principle of 'fair dealing and justice' which was laid down by the house of lords in hughes v. metropolitan railway company.....and by this court in.....charles richards ltd. v. oppenhaim.....it is this: if one party, by his conduct leads another to believe that the strict rights ..... a reference to or recourse to the contract is necessary to determine the dispute. a similar view has been taken by their lordships of the supreme court in the naihati jute mills lid. v. khyaliram jagannath, : [1968]1scr821 in para 12; union of india v. salween timber and construction co. and ors. : [1969]2scr224 and r.n ..... by the arbitrators. union of india moved a petition under section 34 of the arbitration act for stay of the suit alleging that a dispute had arisen between the parties and there being an arbitration agreement suit cannot be maintained. the company resisted the petition on the ground that no dispute concerning the contract was convered by .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1983]54STC226(P& H)
..... sensu such purchase by itself does not attract any tax under the provision. it was rightly argued on behalf of the writ petitioners that if the company, being a 'dealer' under the act purchases large quantities of packing materials and lubricating oils (under its registration certificate) for manufacturing shoes and stores them even for a year or more ..... of the end-product (of manufactured shoes) and lubricating oil which is used in the machines during the manufacturing process. it is the stand that the petitioner-company does not purchase any other raw material within the state of haryana except packing material and lubricating oils aforesaid.4. for the assessment year 1975-76, the ..... the recovery of the tax....reference in this connection may also be made to navinchandra mafatlal, bombay v. commissioner of income-tax, bombay city air 1955 sc 58 and waverly jute mills co. ltd. v. raymon and co. (india) pvt. ltd. air 1963 sc 90. it would follow from the above, that by virtue of entry no .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004CriLJ583; 2003(4)CTC609; JT2003(9)SC31; 2003(9)SCALE680; (2004)3SCC767; 2004(1)LC181(SC)
..... in the above referred cases are rendered in cases where the public prosecutor seeks permission to question his own witnesses by resorting to section 154 of the evidence act and the court allowed the public prosecutor to cross-examine his own witnesses. in such cases the trial judge has discretionary power to examine the entire testimony ..... to application for recall of witnesses is indicative of how judicial process is being subverted. the public prosecutor not resorting to section 154 of the indian evidence act nor making any application to take action in perjury taken against the witnesses also indicate that trial is not proceeding fairly. it was the duty of the ..... p.no.78 of 2003) have been charge-sheeted for offences under sections 120-b ipc, 13(2) read with 13(1)(e) of prevention of corruption act, 1988 for acquisition and possession of pecuniary resources and property outside india, which are disproportionate to known sources of income, by resorting to clandestine transfer of funds .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)2GLR1441
..... adopted by each and every nationalised bank. these regulations have been framed in exercise of the powers conferred under section 19 read with sub-section (2) of section 12 of the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970). the regulations have come into ..... the report and/or recommendations of another committee (called expert committee) appointed subsequently the central government circulated a draft of service regulations to all the nationalised banks. with minor modifications or changes as may be necessary with regard to the peculiar conditions of the bank concerned, the said regulations have been ..... claim of the petitioners on facts as well as on law points.4. the 14 major commercial banks in the country were nationalised in the year 1969. on account of the nationalisation of these banks, various administrative and managerial problems arose. therefore with a view to solve these problems the government appointed a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2960; JT2005(6)SC170; (2005)141PLR402; (2005)5SCC569; 2005(3)SLJ186(SC)
..... innocuous but had in fact been passed on the ground of misconduct, viz., the absence from duty w.e.f. 22.2.1990 and, therefore, it is founded upon an act of misconduct. he has further submitted that the aforesaid misconduct being the foundation of the order, it was obligatory upon the appointing authority to have held a formal departmental inquiry ..... in fact been passed on the ground of continued absence from duty of the respondent w.e.f. 22.2.1990 and as the said order was founded upon an act of misconduct, the order of discharge was in fact an order of dismissal by way of punishment and since no formal inquiry had been held and the respondent had not .....
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