Judgment Search Results Home > Cases Phrase: jute companies nationalisation act 1980 section 8 payment of further amounts Court: delhi Page 1 of about 438 results (0.200 seconds)

P.S.B. Finance Investment Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1990)35ITD9(Delhi)

..... i, therefore, refer to them in order to have appropriate appreciation of the issues involved.3. the assessee is a limited company, engaged in the business of financing and investments. this company came into existence after the nationalising of the punjab & sind bank, by the government of india w.e.f. 15-4-1980. for the purpose ..... as revenue expenditure. he also discussed about the meaning of the expression "enduring benefit" and following the judgment of the supreme court in the case of empire jute co. ltd. (supra) observed that that was not always the acid test of capital expenditure and in certain cases even that test should break down depending upon ..... should engage a broker if the property was to be surrendered to skipper itself. as already observed there is no material on record to show that hemkunt was acting as a property broker from before or that it has executed any other similar assignment. the circumstances mentioned above, therefore, arouse one'sgenuine suspicion regarding the .....

Citibank N.A. Vs. Juggilal Kamlapat Jute Mills Co. Ltd.

Court : Delhi

Reported in : AIR1982Delhi487; [1984]56CompCas509(Delhi)

..... purchaser upon realizing sale proceeds but retain the said amount until further orders of the court. the amount so realised was directed to be deposited in a nationalised bank or scheduled bank or scheduled bank to earn interest. the sale of land and building was stayed in the meantime. 8. having thus failed to ..... : 'gentlemen : 92. in consideration of your making advances at our request or otherwise giving creditor or financial accommodation to j. k. ., an existing company within the meaning of the indian companies act, 1913, having its registered office at kamla tower, kanpur, u.p. (hereinafter called 'the principals'), in terms of or manner recorded in the loan ..... the court of the second civil judge, kanpur, for the recovery of the loan amount against the principal debtor, i.e., the ., without impleading the defendant-jute mills as a party therein and, further, by entering into a compromise with the ., without the concurrence of the present defendant and obtaining the consent decree dated .....

New India Assurance Co. Ltd. Vs. Union of India (Uoi) and ors.

Court : Delhi

..... , promote and ensure orderly growth of the insurance industry and for matters connected therewith or incidental thereto and further to amend the insurance act, 1938, the life insurance corporation act, 1956 and the general insurance business (nationalisation) act, 1972.'28. the statement of objects and reasons ('sor') indicates that a need was felt for the insurance industry, which was ..... for filing an appeal before the irda by the insured in case its claim is repudiated. it has to only file a suit for damages against the insurance company. it is next submitted that under section 64um(4) on receiving a report as directed by it under section 64um(3), the irda can issue directions ..... section 64um(2), (3) & (4) of the insurance act indicates the wide powers of the irda to deal with such claims of the insurers. further, the appellate authority?s power is co-terminus with the power of the irda. reliance is placed on the judgment in jute corporation of india ltd. v. commissioner of tax : jt 1990 .....

Kulbir Singh Vs. Union of India

Court : Delhi

Reported in : AIR1997Delhi12; [1997]88CompCas586(Delhi)

..... . 4. in the meantime, a legislation called the hind cycles ltd. and sen raileigh ltd. (nationalisation act), 1980 (hereinafter called the 'nationalisation act') was enacted and published in 'the gazette of india' on 27th december, 1980. the said act provided for the acquisition of the undertakings of hind cycles ltd. and sen raileigh ltd. with a ..... rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of such company, whether within or outside india, and all books of account, registers and all other documents of whatever nature relating thereto, and shall also be deemed to ..... came into force on 15th october, 1980. with the taking over of the aforesaid two units of m/s. hind cycles ltd., all properties belonging to the company vested with the central government under section 3. on such vesting of the properties, the same stood free and discharged from any trust, obligation, mortgage, charge .....

Jaswant Worah and anr. Vs. Union of India and ors.

Court : Delhi

Reported in : 47(1992)DLT1; 1992(22)DRJ476

..... the district judge, dhanbad, as the commissioner of payments had prima facie held that under the act the east ganhcodih coal company being in physical possession of the colliery was owner of the colliery and its machinery, plants, constructions etc. vested in the central government and were nationalised, and having found so, referred the matter to the district judge, dhanbad, under section 26 ..... in physical possession and, according to him, even a trespasser was an occupier and owner under the act and, thereforee, east ganhcodih coal company being in physical possession of the colliery was owner of the colliery and its machinery, plants, constructions etc. vested in the central government and were nationalised. thereforee, the dispute between the parties regarding status of the east ganhcodih colliery .....

Caparo India Ltd. (U.K.) and Machino Plastics Ltd. Vs. Caparo Maruti L ...

Court : Delhi

Reported in : 128(2006)DLT425; [2007]75SCL287(Delhi)

..... of the decision of the supreme court in the needles' case would be that technicalities cannot be permitted to defeat the exercise of the equitable jurisdiction conferred by the companies act. in that case the supreme court had specifically come to the conclusion that the petitioner had failed to make out a case of oppression. in the exercise of its ..... which must be kept strictly in view that the order must be directed `to bringing to end the matters complained of'. the marginal note of section 397 of the companies act shows also that the purpose of the order of the court in the section is to give `relief in case of oppression'.(ii) hanuman prasad bagri and ors. v ..... also to the satisfaction of the court.para 23: the third principle that has to be kept in mind that the acts of oppression or mismanagement must be continuing ones. as stated in s.m.ganpatram v. sayaji jubilee cotton & jute mills co. (supra) at p.813: the general principal manifest from the language of section 397 and 398 is .....

Prince Plastics and Chemical Industries and ors. Vs. Commissioner of S ...

Court : Delhi

Reported in : [2003]131STC372(Delhi)

..... the observations of the hon'ble supreme court recorded in the state of kerala v. k.m. cheria abdulla and company, [1965] 16 stc 875 . it said that the 'power to frame rules is conferred by the act upon the state government and that power may be exercised within the strict limits of the authority conferred. if in ..... further the best advised to insist on their supply even for the transaction intended to be completed by them.10. the decision of the hon'ble supreme court in kedarnath jute . v. commercial tax officer and ors., [1995] 16 stc 607, has been relied on by both adversaries in these proceedings. the assessed had suffered the misfortune ..... underscored that the section does not prohibit either multiple taxation or multipoint taxation, but on the contrary, envisages it. although the issue before the constitution bench in j.k. jute mills co. ltd. v. the state of uttar pradesh and anr., [1961] 12 stc 429, concerned the legislative competence of the legislature, the hon'ble supreme court .....

Mahindra and Mahindra Ltd. and Others Vs. Union of India

Court : Delhi

Reported in : [1983]53CompCas337(Delhi); ILR1980Delhi1232

..... one takes a few examples. it would be public policy in public interest whether to start an industry of a particular type in public sector or not or to nationalise any private enterprise. generally speaking, government policies are presumed to be made in public interest. having one or two internal public policy would always be regarded as being ..... that the impugned guidelines contained in the circular, ex. a-2, along with its amendments are declared ultra virus and vocative of the provisions of ss. 637aa of the companies act, 1956. we issue a writ of mandamus directing the respondent not to apply the said guidelines in considering the applications moved to it. we further direct the respondent to ..... and before the decision of the supreme court [1977] 47 comp cas 173, reversing the decision of the delhi high court, parliament had brought about a change in the companies act not by the amendment of s. 198 or s. 269 or s. 309 but by enacting s. 637aa. even s. 637a was left as such on the statute .....

Smt. Sharda Mahajan Vs. Maple Leaf Trading International (P) Ltd.

Court : Delhi

Reported in : [2007]139CompCas718(Delhi); (2007)2CompLJ455(Del); [2007]78SCL367(Delhi)

..... 434(1)(a). section 434(1)(c) also incorporates a deeming provision which refers to commercial insolvency. while deciding a case under section 434(1)(c) of the act, the total liabilities of the company including contingent and prospective liabilities have to be taken into consideration. 49. in the light of the findings given above, it is, inter alia, held as under ..... : [1960]2scr793 , it was held that a contract stands frustrated under section 56 of the contract act when circumstances show that a fundamentally different situation had emerged unexpectedly. in such cases the contract ceases to be binding at that point. the supreme court in the naihati jute mills limited v. khyaliram jagannath reported in : [1968]1scr821 , observed that courts cannot shut their .....

Mahalaxmi Sugar Mills Company Ltd. Vs. Commissioner of Income-tax

Court : Delhi

Reported in : (1984)41CTR(Del)104; [1986]157ITR683(Delhi)

..... to the amount of rent and which could be ascertained correctly only by an award which was also appealable under the pepsu act. this, however, did not postpone the accrual of the compensation in favor of the assessed. in kedarnath jute mfg. co. ltd. v. cit : [1971]82itr363(sc) , the supreme court held that the liability to ..... agency agreement was entered into in 1951 the appointment of the assessed as managing agent was terminated. there was a dispute regarding the amount of compensation. the managed company wanted to pay a certain sum as per the agreement but the assessed wanted something more because of the alleged unlawful termination of the agreement. after four years ..... of litigation, the court in 1955 awarded the amount which was offered by the managed company under the agreement. a question arose as to whether the amount of compensation accrued to the assessed in 1951 or in 1955. the supreme court held that .....