Court : Rajasthan
Reported in : RLW2009(1)Raj62
..... for the respondents, only section 17a of the general insurance business (nationalisation) act, 1972 ['the act of 1972'] and the amendment scheme of 2005 issued thereunder are of statutory character and rest all has been left by the legislature to be worked out by the company and the authorities concerned to determine the manner in which the ..... .e., the cases of secretary to the government and anr. v. m. senthil kumar 2005 air scw 1269; and union of india and ors. v. indian jute mills associations and ors. 2005 air scw 2723 have got no relevance even to the very question as posed by the petitioner. in m. senthil kumar (supra), ..... part of the order of high court was set aside. similarly, in the case of indian jute mills associations (supra), the question was regarding extent of power of advisory committee constituted under jute packaging materials (compulsory use in packing commodities) act, 1987 to make its recommendations to the central government for formulation of road map for progressive .....
Tag this Judgment!Court : Rajasthan
Reported in : (2004)88TTJ(NULL)1045
..... company at the time of take over.(i) the solicitor general of india and the ministry of law, whose views were canvassed, recommended the payment of a fixed sum to avoid litigation.(j) a fresh ordinance dated 2-8-1976 was thereafter issued and subsequently replaced by another act of parliament, the metal corporation (nationalisation and miscellaneous provisions) act, 1976. the act ..... a sum of rs. 198 lakhs had been paid separately for the express purpose of acquisition. the learned authorised representative has relied upon the case of empire jute company ltd. v. cit (supra). in alembic chemical works co. ltd. v. cit : [1989]177itr377(sc) , the hon'ble supreme court had clarified ..... have been duly admitted and adjudicated upon. it was a clearly established obligation on the commissioner (appeals), in the light of the ruling in the case of jute corporation of ind. ltd. v. cit & anr. 0044/1991 : [1991]187itr688(sc) . the appellant has raised the following additional grounds before the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988WLN(UC)390
..... after referred to as the non-petitioner company). the non-petitioner company entered into a banking transaction with the branches of the petitioner ..... of the non-petitioner company-m/s jagatia paper mills pvt. ltd, filed by the uco bank.2. briefly stated, the facts of the case are that the petitioner--uco bank is a nationalised bank and the non-petitioner jagatia paper mills pvt. ltd., is a company incorporated under the provisions of the companies act, 1956 (here in ..... creditors with non-petitioner no. 5, they are entitled to realise their dues by selling the assets of the company forming security of their loans independent of the winding up proceeding in terms of section 529 of the companies act, 19567. on behalf of non-petitioner no. 4, shri b. p. agrawal appeared and on 29th august .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2004)ACC86; AIR2003Raj251; RLW2003(4)Raj2248; 2003(3)WLC428
..... in the said case being birla jute . v. r.t.o. reported in 1980 wln (uc) 375, held,'(a) eight dumpers and tractor- ..... order was passed by him on march 1, 1974. m/s. birla jute . approached to this court by way of petition under article 226 of the constitution of india. the petition was allowed in part and the demand raised against the company regarding the tax under the act of 1951 in respect of 8 dumpers and the tractor trolley was quashed. ..... trolley are compulsorily registrable under the motor vehicles act, 1939;(b) the dumpers and tractor-trolley are not taxable under the rajasthan motor vehicles taxation act. 1951 so long as they are used within the premises of the company.'5. by a .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2000Raj180
..... that too only on the award amount of rs. 29,96,060/-. he contended that since the respondent company borrowed from financial institutions including nationalised banks at the compound interest rate more than 18% per annum. so the respondent company is entitled to compound interest at 18% per annum and not at the simple interest. he has also ..... reference period as well as reference period which was beyond jurisdiction and terms of agreement whereas award interest for prer reference period was against the provisions of the interest act 1978, inasmuch as there has been discrepancy in the order and decree as to the rates of interest because the order mentions rate of interest @ 15% ..... the arbitration agreement was void in view of violation of sections 201 & 203 of delhi municipal corporation act read with byelaw 3(1) (a) and since the view earlier taken by the five judge bench of apex court in waverly jute mill's case (air 1963 sc 90) was doubted, therefore, the matter was referred to larger .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1989Raj51; 1988(2)WLN487
..... the amount of the octroi duty as claimed was not paid within fifteen days, the municipal council would have issued a notice of demand under section 149 of the act. if the plaintiff-company upon whom a notice of demand would have been served did not, within forty days from the service of the notice, pay the sum demanded or did not ..... articles of commerce quite distinct from the raw cashewnuts....there is a transformation of the goods. the raw cashews are consumed by the respondents in the sense that a jute mill consumes raw jute, or a textile mill consumes cotton and yarn.'similarly in m.s. anwarkhan mahboob co. v. state of bombay, air 1961 sc 213 (216, 217), k. c. das .....
Tag this Judgment!Court : Rajasthan
Reported in : (2004)189CTR(Raj)539; [2005]272ITR487(Raj)
..... workers through the state housing board was a business expenditure of revenue nature which could be allowed as deduction under section 37 of the it act, 1961. the assessee-company acquired no ownership rights in the said tenements. the tribunal held that the expenses incurred for constructing the tenement for its workers through the state ..... acquiring enduring benefit was held to be not applicable where such acquisition does not result in expansion of profit-making apparatus of the assessee. the case of empire jute co. ltd (supra) was the case in which the assessee, by incurring the disputed expenses purchased the loom hours resulting in increased loom hours for the assessee ..... is of capital nature or revenue nature. merely obtaining an advantage of benefit is not an unbreakable rule.22. the principle was considered by the supreme court in empire jute co. ltd. v. cit : [1980]124itr1(sc) . in the said case, the court observed that there may be cases where expenditure, even if incurred for .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1982Raj297; 1982()WLN294
..... now realise that what he was pleading for was 'inequality', and oppression of his own segment.94. the rejection of his plea would bring 'equality' and act as 'blessing in disguise', and real and effective homage to article 46.95. vichitra is unfortunately labouring under the fallacy and obsolete dogmatic, reactionary, outdated ..... it is impermissible to travel into the legislative fields for ascertaining the mind of the legislature after the articulation of 45th amendment.22. this court cannot act as a 'third' chamber after lok sabha and rajya sabha and vidhan sabhas approval. the reasonableness justification, felt necessities of times, the bedrock of ..... giriian (scheduled tribe) is attacking the 45th amendment (d. d. basu's shorter constitution of india, p. 807. eighth edn. the constitution(forty-fifth amendment) act, 1980) for giving a decisive death-blow to article 334 of the constitution. vichitra, the petitioner, little realises the distinction between homicide and suicide. the billion .....
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 : Rajasthan
Reported in : RLW2003(3)Raj1755; 2002(5)WLN269
..... government, local authorities, public corporations and universities etc. 3. in brief, the scheme of the act is that all services in any office established under the state government, local authorities, a govt. company or undertaking wholly owned or controlled by the state govt., a body established under any law made ..... override other laws. - the provisions of this act shall have effect notwithstanding anything contained in any other law for the time being in force or in any rule, regulation, by law, standing order made or resolution passed by any local authority, government company/undertaking, other body or society specified under sub-clauses (b) ..... juristic personality by inclusion of employment under local authorities, universities, any body established under any law enacted by state legislature and wholly owned govt. companies. by making the filed of its operation to employment under private person like societies registered under law relating to registration of societies and non-govt. .....
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