Court : Delhi
Reported in : [1998]231ITR318(Delhi); [1998]97TAXMAN144(Delhi)
..... finance ltd. v. appropriate authority : [1996]217itr22(guj) decided by us on march 30, 1995. considering the relevant provisions of the act as also the decision of the supreme court in barium chemicals ltd. v. company law board : [1967]1scr898 , we observed as under (page 28 of 217 itr) :a combined reading of section 269ud(1a) and ..... cit [1954] 26 itr 775; air 1955 sc 65 considered the question amongst others, whether the tribunal acted without jurisdiction in relying on the data supplied by the income-tax department behind the back of the appellant-company, and without giving it an opportunity to rebut or explain the same the court considered the case decided ..... finance ltd. v. appropriate authority : [1996]217itr22(guj) decided by us on march 30, 1995. considering the relevant provisions of the act as also the decision of the honble supreme court in barium chemicals ltd. v. company law board : [1967]1scr898 , we observed (at page 28) :the combined reading of section 209ud(1a) and (1b) of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530
..... question is the legislative competence in regard to the act of 1969. counsel for the petitioner contended that the act was for nationalisation of banks and there was no legislative entry regarding nationalisation and therefore that was incompetent. there is no merit in that contention. the act is for acquisition of property; the undertaking of a banking company is acquired. the legislative competence is under entry ..... products;(b) foodstuffs, including edible oil-seeds and oils;(c) cattle fodder, including oilcakes and other concentrates;(d) raw cotton, whether ginned or unginned and cotton seed; and(e) raw jute. entry 42--'acquisition and requisition of property.33. the argument raised by mr. setalvad, intervening on behalf of the state of maharashtra and the state of jammu and kashmir, that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... ended with some of the very recent decisions of this court like the bank nationalisation case [1970] 3 s.c.r. 530 in which a bench of 11 judges held by a majority of 10 to 1 that the banking companies (acquisition and transfer of undertakings) act, 1969 violated the guarantee of compensation under article 31(2) in that, it ..... way of" may be taken to mean "as for the purpose of", "in character of", "as being" and was so intended to be construed in an act providing that certain companies should pay an annual tax for the use of the state, "by way of" a licence for their corporate franchise. the illustration given should show that in ..... sense of equivalent in value of the property acquired. this was the interpretation given in the bank nationalisation case even after the constitution 24th amendment act, which said that the adequacy of compensation could not be challenged. the constitution 25th amendment act states that the law no longer need provide for the giving of equivalent in value of the .....
Tag this Judgment!Court : Mumbai
Reported in : (1976)78BOMLR1
..... . in barium chemicals ltd. v. co. law board : [1967]1scr898 the supreme court had occasion to judge the validity of action taken under section 237 of the companies act, action under that section was permissible if in the opinion of the central government there were circumstances justifying the particular action. however, the supreme court pointed out (p. ..... article 19(1)(g) of the constitution, since no fundamental rights of the petitioners were violated by the notifications and the acts of the executive government done in furtherance of their policy of nationalisation of text books for students.it was contended in support of the petition in bam jawaya's case that without legislative authority ..... importance. it may he pointed out that in that case two contentions were urged on behalf of respondent no. 1 (rai bahadur hurdut roy moti lal jute mills) before the patna high court that the proviso to section 14a under which the impugned order was purported to have been passed did not apply to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)
..... of the respondents on its own merit, particularly the illustrations cited in support of that argument.479. it is true that in view of the decision in the bank nationalisation case : [1970]3scr530 , the right conferred by articles 21 and 19 cannot be treated as mutually exclusive. but the suspension of the right to enforce the ..... of the right to personal liberty because that right can be found in articles 19(1) (b), 20 and 22 also, in view of the decision in the bank nationalisation case : [1970]3scr530 , which overruled gopalan's case : 1950crilj1383 , these rights are not mutually exclusive and therefore the suspension of the right to enforce article 21 ..... the executive is plainly and indubitably subordinated to the law and it cannot flout the mandate of the law but must act in accordance with it. the judicial committee of the privy council pointed out this constitutional position in eastern trust company v. mckenzie mann & co. ltd. [1915] a. c. 750 in an appeal from the supreme court of .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR1017
..... some committee which was not a final or irrevocable decision but only a policy decision to advise the state government how to implement the policy on nationalisation, that could neither expressly nor by necessary implication involve a pre determination of the issue. therefore, even though to a road transport scheme preparation the ..... regarding the satisfaction of the central government in the context of exercising the power of approval of the appointment of managing agent of a company under section 326 of the indian companies act, 1936, at page 1792:the satisfaction contemplated by section 326 must, therefore, be the result of an objective appraisal of the relevant ..... passed a resolution to implement the agreement. a couple of years later, the successor municipality governed by the maharashtra municipalities act, sought to levy octroi duty and to recover it from the company. the company moved a petition under article 226 of the constitution and it was dismissed in limine by the high court. in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC68; (1977)4SCC608; [1978]2SCR1
..... sait.11. whether there was any nepotism and favouritism and misuse of power by the chief minister and the minister of transport in the matter of nationalisation of contract carriages and wilfully benefiting certain parties with whom the chief minister's second son-in-law was a partner.12. whether any favouritism was ..... the nature and extent of the control and interest which certain persons named in the notification exercised over these companies. the validity of the commissions of inquiry act, was questioned. the supreme court held that the act was valid and intra vires and the notification was also valid excepting the words 'as and by way of ..... without mentioning the persons who might be responsible for any excessive or improper payments, or favouritism, or misappropriation, or irregularity, mentions certain contracts in favour of various companies, or parties under 32 heads. it then states, as a separate item of inquiry, the question as to who were the persons responsible in the lapses, if .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC478; (1979)1SCC380; [1979]2SCR476
..... gopalan (supra) was in that respect expressly over-ruled by the majority in r.c. cooper v. union of india : [1970]3scr530 , known generally as the bank nationalisation case. in sambhu nath sarkar v. the state of west bengal and ors. : [1974]1scr1 , it was held by a seven judge bench that the law of ..... a law. the court should not be driven to imagine a challenge and save it or slay it on hypothetical considerations. as observed in hamilton street railway company [1903] a.c. 524 speculative opinions on hypothetical questions are worthless and it is contrary to principle, inconvenient and inexedient that opinions should be given upon ..... constitutionally invalid. the full text of the reference is as follows:whereas certain commissions of inquiry appointed by the central government under the commissions of inquiry act, 1952 (central act 60 of 1952) have submitted reports which indicate that there is reason to believe that various offences have been committed by persons holding high political and .....
Tag this Judgment!Court : Gujarat
Reported in : (1980)21GLR15
..... supreme court granted special leave and by consent of the parties appointed an arbitrator whose award was sought to be made a decree of the court by the company, in its application, being civil miscellaneous petition no. 5801/71, the state government sought to set aside the award by making civil miscellaneous petition no. 5802 ..... arose whether an aggrieved party can challenge by taking proceedings under articles 226 and 227 of the constitution of india the appellate order made under the bombay rent act, 1947 when the revision application preferred from the said order was dismissed by the high court. for purposes of answering the contention, whether the appellate order ..... are generally recognised as continuation of the suit; and the word 'suit' will include such appellate proceedings. we may add that whereas section 41 of the act is consistent with this view, no other section militates against it.37. the neat question, as i have stated above, which arises for consideration in these .....
Tag this Judgment!Court : Kolkata
Reported in : (1979)ILLJ495Cal
..... concerned establishment as well as those who are appointed thereafter.17. the relevant clause, namely, clause (c) of paragraph 13 of the standing orders of the petitioner-company is as follows:(c) age of retirement of men workers shall be 58 years and of women workers 55 years. it will, however, be open to the employers ..... procedure.3. the facts relevant, for our purposes may briefly be stated as follows:the plaintiff-opposite party was an employee of the defendant-petitioner, namely, the titagarh jute factory co. ltd. no. 1 mill, (hereinafter referred to as the factory). the factory by a letter dated june 30, 1977 intimated the plaintiff that he ..... he was not bound by anything 'contained in the standing orders inasmuch as he joined the service sometime in 1943, before the passing of the industrial employment (standing orders) act, 1946, under which the standing order in question was framed and certified. in view of the decision in salem-erode electricity distribution co. (p) ltd. v. their .....
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