Court : Mumbai
Reported in : AIR1984Bom366; 1984MhLJ534
..... and overruled in the decision of the supreme court in : [1970]3scr530 , r.c. cooper. v union of india. in this case dealing with challenge to the nationalisation of banks, mr. justice j,c. shah, speaking for the bench , observed in para 62 of the judgment that art, 31(2) requires that property must be ..... property- (1) no person shall be deprived of his property save by authority of law;(2) no property movable or immovable including any interestin, or inn any company owning, any commercial or industrial undertaking, shall be taken possession of or acquired for public purpose under any law authority the taking up of such possession or such ..... behalf of respondent 2, submitted that capitalizing rent of number of years purchases is a recognised mode for determining compensation under the provisions of the land acquisition act. it was urged by the learned counsel that providing that basis for determination of the amount in respect of land situated within the municipal areas, the legislature .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jaipur
Reported in : (1984)10ITD558(JP.)
..... to his nephew, n. thereafter, b and n started a new firm dealing in jute and at about the same time the assessee stopped his business. on the basis of the material then before it, the tribunal did not accept the genuineness of the ..... itr 273, the hon'ble supreme court had to deal with somewhat similar situation. the facts of that case may, therefore, be noted. the assessee, a dealer in jute, had claimed that on 12-7-1949, he had made a gift of rs. 5,11,101 to his brother, b and another sum of rs. 2,50,000 ..... corresponding entry of column 3 of the said table)._____________________________________________________si. description of rulers of the formerno. the palace indian states now_____________________________________________________1 2 3 4. the wealth-tax act, 1957 ('the act') came into operation with effect from 1-4-1957. the question of exemption with regard to palaces, corresponding to the concession given to the rulers under the .....
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 : AIR1983SC937; [1983]54CompCas674(SC); (1983)2CompLJ281(SC); 1983(2)SCALE16; (1983)4SCC166; [1983]3SCR438
..... the afore-mentioned decisions and several others, it was held as under :as a result of the bank nationalisation case (supra) it follows that the court finds out whether the legislative measure directly touches the company of which the petitioner is a shareholder. a shareholder is entitled to protection of article 19. that individual ..... , governs the best, the laissez faire doctrine was firmly entrenched. since then at regular intervals, the state control became more or less discernible in successive company acts.15. the state intervention into the functioning of the corporate sector initially took the form of the prosecution for breach of some of the laws, the first ..... article 46 mandates the state to promote economic interests of weaker sections of the people from all forms of exploitation. a fortiori every provisions of the companies act must receive such interpretation as to supress the mischief to remedy which it was enacted and advance the object as also to achieve and translate into .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1983)6ITD225(Kol.)
..... 38,75,308. the assessee treated this amount as its dividend. the iac after considering section 2(22) found that it was not declared by a company registered under the companies act, 1956 out of its accumulated profit. the assessee came in appeal before the commissioner (appeals) and referred to section 32(3)(a) of the unit ..... thinks that even the principal amount could not be realised, there is no point in taxing the interest. this fact is supported by the decision in raigharh jute mills ltd.'s case (supra). though the assessee followed mercantile system of accounting but when the principal amount is in dispute, the accrual of interest is postponed ..... .)] appearing at page 32 of the assessee's paper book. the assessee further relied on the cases of j.k. bankers (supra), e.a.e.t. sundararaj (supra), eastern bengal jute trading co. ltd. (supra), reform flour mills (p.) ltd. (supra), indo-commercial bank ltd. (supra), forest industries travancore ltd. (supra) and cit v. rajas than investment .....
Tag this Judgment!Court : Chennai
Reported in : (1984)ILLJ456Mad
..... of industries and institutions ...... the government, its agencies and instrumentalities, the corporations set up by the government under statutes and corporations incorporated under the companies act but owned by the government have thus become the biggest employers in the country. there is no good reason why, if government is bound to observe ..... the category of establishments under the central govt. referred to in s. 4(1) of the shops act. thus, the main question for consideration is whether the nationalised banks, i.e., banks constituted under act 5 of 1970, are establishments under the central govt. as contended for by the petitioner-banks.4. as ..... act with the government and that the nationalised bank as legal person has got a right to hold and acquire property, is liable to income-tax as any other indian citizen and in the manner of day-to-day administration and appointing and dismissing officers and staff, it has full freedom and that as such it is not under the government. a company .....
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 : Chennai
Reported in : 1986(23)ELT363(Mad)
..... 6 - " 9 " 5 " 38 " 35 " 39 " 40 " 61 -----------------------------------------------------------------------36. the provisions relating to the powers of officers under the customs act, the gold (control) act, and other central acts are analogous to some of the provisions contained in the criminal procedure code, whereunder the police officers have to investigate into the offences in compliances with those provisions as ..... the supreme court in eknath v. state of maharashtra , while examining the question whether the officer under the prevention of food adulteration act, 1954 (central act no. 37 of 1954), is vested with the power of "investigation" within the meaning of that expression as occurring in section ..... under section 377(1), criminal procedure code relating to an offence investigated by the forest officers under the provisions of the indian forest act (a central act) was not competent.44. before a division bench of the bombay high court in state of maharashtra v. laxmichand barhomal .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1984KAR539; (1984)IILLJ400Kant
..... is statutorily entrusted, is sufficient and fulfils the requirement of that rule. analysing a similar procedure followed under s. 4-k of the u.p. industrial disputes act, the supreme court in mahabir jute mills v. shibban lal [1975-ii l.l.j. 326] observed : '... a perusal of this notification would clearly show that the jurisdiction of the ..... and control the nature of the power under s. 10(1) itself. this may not be sound or permissible approach. in western india watch co. ltd. v. western india watch company workers' union : (1970)iillj256sc , supreme court observed : '9. .... in fact, when the government refuses to make a reference it does not exercise its powers; on the ..... of the dispute. re-opening of a bonus dispute may have repercussions on the balance sheet and profit and loss account of the management if it is a company and the parties right to set-on and set-off for future years. a dispute regarding basic wages and dearness allowance would result in civil consequences affecting the .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)1GLR29
..... practitioner engaged on behalf of the ahmedabad municipal corporation in court matters including matters of proceedings under the gujarat public premises (eviction of unauthorised occupants) act, 1972 before the competent officer are given to the deputy municipal commissioner. now the learned advocate shri modi drew my attention to item no. iv ..... defend the appeal filed. merely signing the vakalatnama by the deputy commissioner who is authorised to sign the vakalatnama it cannot be suggested that that act amounted to defending the appeal. he was signing the vakalatnama because the commissioner must have decided to defend the appeal otherwise the deputy municipal commissioner ..... original proceeding one cannot have resort to the whole civil procedure code when there are specific rules made by this high court under the relevant provisions of the act itself and, therefore, though one may say that while rejecting the applications the reasons given by the chief judge may be erroneous, the ultimate .....
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