Court : Chennai
Reported in : [1985]57CompCas126(Mad); (1984)IILLJ34Mad
..... context otherwise requires, 'the state' includes the government and parliament of india and the government and the legislature of the states and all local or other authorities within the territory of india or under the control ..... section 37 of the subsidiary banks act, the central government has power, after consultation with the reserve bank, to direct the subsidiary bank to carry on any business or to prohibit ..... the state and in effect an incarnation of the state, constitutional lawyers must not blink at these facts and frustrate the enforcement of fundamental rights despite the inclusive definition of article 12 that any authority controlled by the government of india is itself state. ..... to be members of the society and any member of the society other than a member representing the state or central government can be removed from the membership of the society by the state government with the approval of the central government. ..... said of the company incorporated under the companies act, 1956, which derives its power and functions from and ..... of the shops and establishments act in the various states like kerala, karnataka, andhra pradesh, madhya pradesh, ..... 'amending act 33 of 1955 : the scheme of the state bank of india act, 1955, envisaged the state bank of india coming into existence and the imperial bank of india going out of existence simultaneously on the `appointed day' (being the day notified in this behalf by the central government) and provided for the automatic transfer of all the .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)BomCR719
..... his security and proving his debt under proviso to sub-section (1) of section 529 of the companies act, 1956 (1 of 1956) may retain the sale proceeds of his secured assets after depositing the workmen's dues with the liquidator in accordance with the provisions of section 529-a of that act.the third proviso requires the secured creditor to deposit amount ..... the oxford dictionary means political sagacity, statecraft, prudent conduct, sagacity, craftiness, course of action adopted by the government' - according to webster's new international dictionary `policy' means a settled or definite course or method adopted and followed by a government, institution, body or individual, a wise scheme or device, a contrivance especially cunning contrivance, a stratagem, a civil or ecclesiastical policy of government ..... the court to direct or advise the executive in matters of policy decision or to sermonize any matter which under the constitution lies within the sphere of the legislature or the executive, provided these authorities do not transgress their constitutional limits or statutory power.regarding the scope of judicial review, it is further observed in the ..... terms in the high court; that the bank should get vacated the stay which it had obtained; simultaneously the liquidator should seek permission of the court to transfer sale proceeds of the sugar to the msc bank; the expenditure incurred by the bank ..... which the karnataka high court ..... writ of prohibition against respondent ..... membership .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)BomCR419
..... . the court, after considering the definition of 'court' under sections 2(11) and 10 of the companies act, 1956 held that the company court had exclusive jurisdiction in regard to matters falling within the peripheral field of ..... --for the purposes of this clause 'associate' means:-- (a) any relative of that person within the meaning of section 6 of the companies act, 1956 (1 of 1956); (b) the director or his relative whether individually or in the aggregate holding more than 2% of the paid-up equity capital of such ..... it was held that the contract was not void, and there was nothing in the act to indicate that the legislature had prohibited a contract to transfer land between one agriculturist and another ..... their lordships, after examining the matter from all possible angles and keeping in view the fact that the scheme of the act provides for treating certain marriages void, and simultaneously some marriages which are made punishable yet not void, and no consequences having been provided for in respect of the marriage in contravention of the proviso to section 15, held that it cannot be said that such marriage would be void. mr ..... . on behalf of the slate of karnataka, an objection was raised relying on section 11 of the aforesaid act, and article 262 of the constitution of india, that the supreme court had no jurisdiction to entertain any appeal against the impugned order of the ..... , prima facie, a suit was maintainable in common law for rectification of the company's membership register. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC3751; (2001)1GLR434; 2000(7)SCALE34; (2000)10SCC664; [2000]Supp4SCR94
..... the reference being in the following terms:in exercise of the powers conferred by sub-section (1) of section 5 of the inter-state water disputes act, 1956 (33 of 1956), the central government hereby refers to the narmada water disputes tribunal for adjudication of the water dispute regarding the inter-state river, narmada, and the river-valley ..... any part of india unless it has been accorded environmental clearance by the central government in accordance with the procedure hereinafter specified in this notification.this notification is clearly prospective and inter alia prohibits the undertaking of a new project listed in schedule i without prior environmental clearance of the central government in accordance with the procedure now specified. ..... roy, under secretary, prime minister's office dated 2nd may, 2000, some correspondence exchanged between legislature and the prime minister has also been placed on record relating to the granting of the environmental ..... it concluded that effective implementation of the engineering and environmental measures simultaneously will go a long way and that such a project could be implemented by harmonizing environmental ..... in the past, there was no definite policy for rehabilitation of displaced persons associated with ..... the membership of a committee shall not exceed 15.the environmental impact agency of the union ministry of environment and forests shall now appoint a committee of experts composed of experts in the fields mentioned in schedule ..... karnataka .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644
..... 23rd may, 1977 constituting a commission of inquiry in exercise of its power under section 3 of the commissions of inquiry act, 1952, to inquire into certain allegations made against the chief minister of the state, the state of karnataka instituted a suit under article 131 of the constitution challenging the legality and ..... , it may be stated that, as far as possible, the verdict as to majority support claimed by a chief minister and his council of ministers should be left to the legislature, and that it is only if a responsible government cannot be maintained without doing violence to correct constitutional practice that the governor should resort to article 356 of the constitution....what ..... that no communal organisation which by its constitution or by exercise of discretionary power vested in any of its officers and organs admits to, or excludes from, its membership persons on grounds of religion, race and caste, or any of them should be permitted to engage in any activities other than those essential for the ..... : air1977mad192 , while dealing with the contention that the constitution is a federal one and that the states are autonomous having definite powers and independent rights to govern, and the central government has no right to interfere in the governance of the state ..... simultaneously made arrangements to prohibit ..... fact is is well-known that as a result of the states reorganisation act, 1965 (act xxxvii of 1956), in the place of the original 27 states and one area which .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)BomCR705
..... was it permissible for the legislature to prohibit all forms of dancing in the prohibited establishments irrespective of the type of the dance, for example, the same or similar dances ..... rights of the citizens affected thereby and the larger public interest sought to be ensured in the light of the object sought to be achieved, the necessity to restrict the citizen's freedom, the inherent pernicious nature of the act prohibited or its capacity or tendency to be harmful to the general public, the possibility of achieving the object imposing a less drastic restraint, and in the absence of exceptional situations such as the prevalence of a state of ..... the purposes of this section, 'sports club' or 'gymkhana' means an establishment registered as such under the provisions of the bombay public trusts act, 1950, or the societies registration act, 1860 or the companies act, 1956, or any other law ..... it becomes clear from the above scenario that elements of human trafficking are present in the process of entry into this sector and it fits into the definition of human trafficking as per the un protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the un convention against transnational ..... accept that the a substantial number of women were employed in the dance bars considering the membership claimed by bharatiya bar girls union and the figures produced by the state that in 154 ..... 8 dancers cannot dance simultaneously on the stage having ..... karnataka .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(4)ALD582; 2005(4)ALT327; [2005]126CompCas708(AP); [2005]63SCL339(AP)
..... section 2(e) of the 1993 act defines the expression 'banking company' with reference to its definition in section 5(c) of the 1949 act and without clearly enacting that the said expression shall have the meaning assigned to it in section 5(c) of the 1949 act as amended by act 23 of 1965 or read with section 56, the provisions of the 1993 act should properly be construed as confined to a banking company which is a 'company' as defined in section 5(d) of the 1949 act, meaning a company as defined in section 3 of the companies act, 1956 (the 1956 act ..... chapter ii sets out provisions relating to registration of societies and matters connected and incidental thereto; chapters iii and iv deal with membership of the society, composition of managing committees of the societies, the rights and liabilities of the members and matters relating to management ..... the competence of the enacting legislature (at one level) to have incidental or ancillary effects on matters/subjects outside its competence (at another level), as a matter of an incidental and privileged encroachment into a prohibited area.80. ..... documents issued by the appropriate government simultaneously with a notification under the statute ..... karnataka itc case (44 supra), the majority had held that the provisions of the karnataka agricultural produce marketing (regulation) act, 1966 are invalid as repugnant to the union legislation - the tobacco board act, 1975 and that the 'tobacco' should be excluded from the schedule of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2005]124CompCas201(P& H); (2004)4CompLJ288(P& H); [2004]55SCL165(Punj& Har)
..... insurance scheme framed under the employees provident fund and miscellaneous provisions act, 1952;(v) under which deposits are accepted under section 58a of the companies act, 1956;(vi) under which deposits are accepted by a company declared as a nidhi or a mutual benefit society under section 620a of the companies act, 1956;(vii) falling within the meaning of chit business as defined in clause (d) of section 2 of the chit fund act, 1982;(viii) under which contributions made are in the ..... . the legislature was not unaware of a known malady that the private sector companies were becoming sick after incurring huge debts, rendering small investors destitutes, heaping miseries on the weaker sections of the society and, therefore, if by a measure a company which is permitted to attract deposits from the public generally described as gullible simultaneously, an obligation is imposed to keep an infinitesimally small portion of assets as liquid finance available for meeting the ..... had entertained the writ petition under article 226 of the constitution of india, and had issued a writ prohibiting the election commission from proceeding with the enquiry, alter overruling the preliminary objection on the issue of jurisdiction. ..... definition, the dave committee acknowledged that some arrangement of the nature of time shares, club ..... hereunder :--'we understand that you are a company registered with the registrar of companies karnataka with plantations as one of your main objects. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365
..... (seventh amendment) act, 1956 brought in the present article 224 providing for additional judges and acting judges and simultaneously deleted the original provisions respecting former judges, however, the need for former judges continued to be felt, and the provision was reproduced by the constitution (fifteenth amendment) ..... the declaration or injunction claimed if it considers that, having regard to -- (a) the nature of the matters in respect of which relief may be granted by way of an order of mandamus, prohibition or certiorari, (b) the nature of the persons and bodies against whom relief may be granted by way of such an order, and (c) all the circumstances of the case, ..... the high court can he removed from his office by an order of the president passed after ah address by each house 6th parliament, supported by a majority of the total membership of that house and by a majority of not less than two-thirds of the members of that house present and voting, has been presented to the ..... legislature has advisedly refrained from defining the expression 'affairs of state' it would be expedient for judicial decisions to attempt to put the said expression into a strait-jacket of a definition judicially evolved, it must be clearly realised that the effect of the document on the ultimate course of litigation or its impact on the head of the department or the minister incharge of the department or even the government in power, has no relevance in making a claim for privilege under ..... .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC2120; 1997(1)ALD(Cri)157; 1998(1)ALD(Cri)762; 1997(1)BLJR263; 1998CriLJ2930; 1998(3)SCALE53; (1998)4SCC626; [1998]2SCR870
..... definition of the expression 'public servant', which is sought to be achieved by introducing the definition of 'public duty' in section 2(b) and the definition of 'public servant' in section 2(c) which enlarges the scope of the existing definition of public servant contained in section 21 ipc, we do not find any justification for restricting the scope of the wide words used in sub-clause (viii) of section 2(c) in the 1988 act on the basis of the statement of the minister so as to exclude members of parliament and members of state ..... is plain that this relationship must be predicated of the grant, renewal or continuance of a lease, and unless a lease conies into existence simultaneously or near about the time that the money is received, it cannot be said that the receipt was 'in respect of the grant of ..... ) any person in the service or pay of a corporation established by or under a central, provincial or state act, or an authority or a body owned or controlled or aided by the government or a government company as defined in section 617 of the companies act, 1956 (1 of 1956); (iv) any judge, including any person empowered by law to discharge, whether by himself or as a ..... it does not prohibit inquiry into ..... of the people act, 1951 as well as the salary, allowances and pension of members of parliament act, 1954 and the meaning that has been given to the expressiion 'office' in the decisions of this court, we are of the view that membership of parliament is ..... karnataka .....
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