Court : Karnataka
Reported in : [1993]78CompCas312(Kar); (1993)115CTR(Kar)292; ILR1993KAR709
..... given in the definition clause. that this was the intention of parliament is clear because imprisonment has been made compulsory for an offence under section 277 of the act. a company or a juristic person cannot possibly be sent to prison, and it is not open to a court to impose a sentence of fine or not to award ..... necessary to make other accused persons liable. we reject this contention as well. 22. in conclusion, we hold that accused no. 1-company cannot be prosecuted under sections 276c and 277 of the income-tax act and, therefore, the proceedings against accused no. 1 before the trial court are quashed. the proceedings against accused nos. 1 to 4 ..... : [1983]144itr496(all) , pointed out that the words 'person' occurring in sections 277 and 278 of the income-tax act, 1961 ('the act' for short), in view of the definition clause in section 2(31), includes a company and hence a company is prima facie liable to be prosecuted for the commission of an offence under sections 276 and 278 of the .....
Tag this Judgment!Court : Karnataka
Reported in : [1993]200ITR717(KAR); [1993]200ITR717(Karn)
..... the sense given in the definition clause. that this was the intention of parliament is clear because imprisonment has been made compulsory for an offence under 277 of the act. a company or a juristic person cannot possibly be sent to prison, and it is not open to a court to impose a sentence of fine or not to award any ..... which is necessary to make other accused persons liable. we reject this contention as well.22. in conclusion, we hold that accused no. 1 company cannot be prosecuted under s 276c and 277 of the income-tax act and, therefore, the proceedings against accused no. 1 before the trial court are quashed. the proceedings against accused nos. 1 to 4 are ..... b. c. goel : [1983]144itr496(all) , pointed out that the words 'person' occurring in s 277 and 278 of the income-tax act, 1961 ('the act' for short), in view of the definition clause in 2(31), includes a company and hence a company is prima facie liable to be prosecuted for the commission of an offence under s 276 and 278 of the .....
Tag this Judgment!Court : Kolkata
Reported in : 1983(14)ELT2159(Cal)
..... 1944. to appreciate and decide the point at issue it would be necessary to refer to certain facts which are set out briefly as follows.2. the petitioner company manufactures d.w. tarpaulin and d.w. jute canvas in their jute mills. on and from the midnight of april 23, 1962, central excise duty was imposed on the ..... petitioner is not entitled to any such refund as claimed on the provision of the said rule.10. the petitioner then preferred a revisional application under section 36 of the act which, however, was dismissed by the central government by an order dated february 28, 1967, which reads as follows :'the government of india have carefully considered the ..... , the appellant claimed refund or similar excesses realised from them on the subsequent imports. such claim was refused and reliance being placed on section 40 of the sea customs act, 1878, which is a provision parallel to rule 11 of the rule now under consideration by us, the supreme court held that section 40 can have no application. .....
Tag this Judgment!Court : Kolkata
Reported in : [1994]205ITR191(Cal)
..... to the u. s. a. becker gray exported this wide hessian to the u. s. a. through messrs. white lamp and finlay acting as agents. 3. for exporting the wide hessian, the assessee used ..... (hereinafter referred as 'becker gray'). becker gray acted as an export house for the export of wide hessian manufactured by the assessee-company and the other aforesaid two jute companies ..... assessee carried on the business of manufacture and sale of jute fabrics. 2. bird and co., during the year, were the managing agents of the assessee-company as also two other jute mills by name the kinnison jute mills co. ltd. and northbrook jute mills ltd. and also of another company known as becker gray and co. (1963) ltd. .....
Tag this Judgment!Court : Kolkata
Reported in : [1983]53CompCas597(Cal)
..... a) of the companies act, 1956, where the word ' undertaking ' has also been used but does not include the book debts on the face of it. he also referred to the definition of the word ' undertaking ' in the mrtp act, and the coal mines nationalisation act, 1973, and the sick textile mills nationalisation act, 1975, where ..... nationalisation act, the sick textile nationalisation act, etc. this is a sort of confiscation of the properties under the said electricity act and the u. p. amendment and it has to be very strictly construed and, in my view, the word ' undertaking ' can in no way include the book debts being the arrears of electricity charges recoverable by the company ..... the word 'undertaking' has been defined and has been made inclusive of book debts. in the present act, there is no such inclusive definition ; on the other hand, reading the .....
Tag this Judgment!Court : Kolkata
Reported in : [1986]59CompCas46(Cal)
..... ...... notice of a board meeting need not, unless the articles otherwise provide, specify the nature of the business to be transacted. ' 120. reference was also made to buckley on the companies acts, 12th edition, at page 886, where the following passage occurs :' every member of the board ought no doubt, in the absence of special circumstances, to have sufficient notice of each ..... said to be attracted. then there would be ' oppression ' so as to attract the provisions of section 397 of the act. in support of this proposition. mr. mridul relied on the decision of sheth mohanlal ganpatram v. shri sayaji jubilee cotton and jute mills co. ltd. [1964] 34 comp cas 777 (guj) and the decision of the supreme court in needle industries .....
Tag this Judgment!Court : Kolkata
Reported in : (1990)1CALLT373(HC)
..... we examine the scope of section 633 on the question as to whether it is wide enough to give relief in respect of liabilities under the provisions of acts other than companies act, we shall deal with the various decisions on this point. at first we shall refer to the decisions where it has been held that relief under section 633 ..... is due and owing on account of the provident fund dues in this state alone, out of which a sum of rs. 83 crores is due from the jute mills. the present company is one of them.67. accordingly, we allow this appeal. all interim orders are vacated. the application made under section 633 will stand dismissed. costs of ..... informed the said establishment about the withdrawal of the scheme formulated in the said meeting held on july 7, 1986 under the chairmanship of the then labour minister with jute mill owners. as has been stated hereinfore the petitioners/ respondents in the instant appeal inspite of their undertaking given from time to time to pay the arrears of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1996Cal171
..... das (as his lordship then was) held as follows: 'in this application the petitioners also pray for stay of the winding-up proceedings under s. 173, companies act. this section comes into play after an order for winding-up has been made. it presupposes a good and valid winding-up order. in an application under this ..... the winding up order even when possession was taken by the official liquidator on 25th april, 1990.21. in the proceedings under sec. 454 of the companies act the petitioner appeared through mr. subhas medda, advocate in this court and obtained direction for filing of affidavits. a signed copy of the order dated 22nd november ..... and the secured creditors and carry on the business of the jute mills with commercial morality and for public interest. some of thepetitioners seems to be delinquent directors of the company (in liquidation) who have committed gross violation of the provisions of the companies act disclosed in the report of the official liquidator which is based .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1981Cal146
..... agreement being maintainable in and entertainable by this court, the plaintiff could not therefore be non-suited in this suit. respectfully following the decisions in manicklal memani v. shiva jute bailing ltd. (1948-52 cal wn 389) (supra) and ajit k. saha v. nagendra n. saha : air1960cal484 (supra) i hold that part of the ..... specific performance of the said agreement (2) a perpetual injunction restraining the defendant their servants and agents and assigns from denying or disputing its obligation under and from acting in any manner contrary to or inconsistent with the said agreement and (3) cancellation and delivery up of the letter dated 14/18th march, 1980.16. ..... october 10, 1979. (d) perpetual injunction do issue restraining the defendant and their servants and agents and assigns from denying or disputing its obligations under and from acting in any manner contrary to or inconsistent with the said agreement dated october 10, 1979. (e) the letter dated march 14/18, 1980 issued by the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1999Cal156
..... to by m. p. j. and his son to cause prejudice to the applicant and his family members which led to filing of 3 proceedings under the companies act viz. application under section 397 and 398 of the companies act against sandip investment and marut jute udyog limited being company petition no. 493/89 (re. sandip investment pvt. ltd.), application under section 397/398 of the ..... companies act against debonair agency ltd. and its subsidiary dinesh being company petition 494/89 as also the present proceedings in respect of akshay nidhi ltd.... allegedly during course of hearing .....
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