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M/S. Shivraj Fine Art Litho Works and Others Vs. the State of Maharash ...

Court : Mumbai Nagpur

..... enactment, which was a subject matter of challenge before this court, being maharashtra central india spinning, weaving and manufacturing company limited, the empress mills, nagpur (acquisition and transfer of undertakings) act, 1986 came to be challenged before the apex court in the case of rashtriyamill mazdoor sangh, through its president vs. state ..... shri manohar, learned senior counsel for the petitioners, submits that protection of article 31c of the constitution of india would be available only when the acquisition is for egalitarian and noble purpose, which is aimed at social reforms, social structuring or social engineering. it is contended that protection of article 31c ..... as the operators were concerned they were mainly motivated by making huge profits and were most reluctant to go to villages or places where the passenger traffic is low or the track is difficult. this naturally caused serious inconvenience to the poor members of the community who were denied the facility .....

Shirish Finance and Investment (P.) Ltd. Vs. M. Sreenivasulu Reddy

Court : Mumbai

Reported in : 2002(1)BomCR419

..... nos. 2, 6, 7, 8, 9 and 10 companies. these shares were purchased under a negotiated arrangement from the companies under the control of vijay mallya. this acquisition, undoubtedly, took place before the 1994 regulations came into effect. defendant no. 2, airedale investment & trading (p.) ltd., also purchased 75,000 fully convertible debentures from ..... either file a petition for rectification or if there were complicated questions involved, file a suit. this was the position when the supreme court rend credits judgment in public passenger service ltd v. m.a. khadar : [1966]1scr683 . the law has undergone a significant change after the decision of the supreme court in ammonia supplies corpn ..... the courts find an attempt at concealment, they will brush away the cobweb varnish, and show the transactions in their true light. 62. in baldev krishna sahiv. shipping corpn. of india ltd. air 1987 sc 2245, a question arose as to whether the term 'officer or employee' in subsection (1) of section 630 of .....

State of Tamil Nadu and ors. Vs. L. Abu Kavur Bai and ors.

Court : Supreme Court of India

Reported in : AIR1984SC326; 1983(2)SCALE541; (1984)1SCC515; [1984]1SCR725; 1984(16)LC1(SC)

..... thought of preventing misuse in the running of the vehicles by private operators and in order to provide better facilities to the transport passengers or to the general public, acquisition of vehicles or for that matter the rights and interests in the contract carriage operators alongwith their land, buildings, workshops, etc., would ..... from challenge. we have already adverted to this aspect of the matter heretofore.37. sub-section 2(a) of section 2 provides that the acquisition of the stage carriages shall commence with the districts wherein comparatively fewer number of stage carriages were operating. this provision appears to have been incorporated ..... the tamil nadu state following the karnataka pattern passed the impugned ordinance, which later took the shape of the tamil nadu stage carriages and contract carriages (acquisition) act, 1973 (hereinafter referred to as the 'act') to nationalise the state transport industry by stages. the madras high court stayed the operation of .....

Yarlagadda Venkakka Choudary (Dead) and anr. Vs. Daggubati Lakshminara ...

Court : Andhra Pradesh

Reported in : 1996(1)ALT877

..... as the effect of lapse of time in creating and destroying rights; it is the operation of time as vestitive fact. it is of two kinds viz., (1) positive or acquisitive prescription and (2) negatie or extinctive prescription. the former is the creation of a right, the latter is the destruction of one, by the lapse of time. an example of ..... the former is the acquisition of a right of way by the de facto use of it for twenty years..... lapse of time therefore, has two opposite effects. in positive prescription it is a title .....

M. Sreenivasulu Reddy and ors. Vs. Kishore R. Chhabria and ors.

Court : Mumbai

Reported in : [2002]109CompCas18(Bom)

..... submission of mr. nariman, the protection of investors as also transparency in the transactions is an equally important objective to be attained through these regulations. clandestine acquisitions are not acquisitions which are supported under the regulations. if that was not so, there was no need to provide a negative covenant by using the expression 'unless' in ..... section 155 and relegate the parties to a suit. learned counsel for the appellant initially made a feeble submission as aforesaid to hold that the decision in public passenger service ltd.'s case : [1966]1scr683 is per incuriam. we have no hesitation to reject such a submission. this issue was directly there and was ..... 5 of the report in air). in this connection, mr. nariman relied upon another judgment of the supreme court in the case of baldev krishna sahi v. shipping corporation of india ltd., : (1988)iillj202sc . that was a case under section 630 of the companies act which makes officers of a company liable for wrongfully .....

Southern Roadways Ltd. Vs. Commissioner of Income Tax

Court : Chennai

Reported in : (1998)146CTR(Mad)550

..... goods. on 17th january, 1972, the passenger transport division of the assessee-company was taken over by the government of tamil nadu by a notification issued under s. 2 of the tamil nadu fleet operators stage carriages (acquisition) act, 1971 (tamil nadu act 37 of 1971) (hereinafter referred to as tnfosca act). the ito in the assessment order for the asst. ..... held that the compulsory acquisition of the assets would be regarded as a sale within the meaning of ss. 32 and 41 and also it will be a transfer for the purpose of s. 2(47) of the act. in so far as the alternative argument advanced on behalf of the assessee that, when the passenger transport division was taken ..... that the acquisition of the stage carriage under s. 3 of the tnfosca act did not amount to sale of the assets within the meaning of ss. 41 and 45 of the act. the main submission of mr. s. a. balasubramanian, learned counsel for the assessee, is that what was taken over was an undertaking i.e. a passenger transport division .....

Sri Ramdas Motor Transport Ltd. and ors. Vs. Karedla Suryanarayana and ...

Court : Andhra Pradesh

Reported in : [2002]110CompCas193(AP)

..... ramdas motor transport ltd. was incorporated as a private limited company on december 1, 1944, under the provisions of the act mainly to carry on business as carriers of passengers, freight and mail by using motor vehicles etc., and in the course of time it not only acquired name and fame as a reputed parcel lorry service in the state ..... it has taken up the company petition for hearing.161. he also relied on a judgment of the calcutta high court in mohta bros (p.) ltd. v. calcutta landing and shipping company ltd. [1970] 40 comp cas 119 wherein the division bench of the calcutta high court held that (headnote) : 'when dealing with a petition for relief from oppression or ..... the years 1989-90 to 1992-93 (3) list of bad debts with all particulars for the years 1991-92 to 1996-97 and (4) particulars of the passenger cars possessed by srmt limited as on the date with full particulars relating to company make, model and its registered numbers as they are required for arguments before the company .....

M. Ahamedkutty Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : 1990(47)ELT188(SC); JT1990(1)SC143; (1990)2SCC1; [1990]1SCR209

K.N. Saikia, J.1. Special leave granted.2. After the Appellant landed at Trivandrum Airport from Abu Dhabi, he was intercepted by the customs officials detecting that he smuggled 13 gold sheets weighing 1280 gms. valued at Rs.4,26,240 concealed inside the plywood panels of his blue suitcase which was seized along with his two passports, old and new. He was arrested on 31-1-1988 and was produced before the Chief Judicial Magistrate (Economic Offences) Ernakulam who remanded him to judicial custody till 12-2-1988. On 12-2-1988 he was granted bail on condition, inter alia, that he would report before the Superintendent (Intelligence) Air Customs, Trivandrum on every Wednesday until further orders, and that he would not change his residence without prior permission of Court to '25-2-1988.' The impugned detention order dated 25-6-1988 was passed by the Home Secretary, Government of Kerala. It stated that the Government of Kerala was satisfied with respect to the appellant that with a view t...

State Vs. Sunil Batra Alias Bobby

Court : Delhi

Reported in : ILR1978Delhi536

..... him forgiving false evidence. the question that matters is not even whetherwe have' to act on, his evidence, which seems rather difficult to actupon, but whether the passenger's list itself should follow the namein the reservation chart or not. the entry in the reservation chartis the primary entry from which other entries are made. it is ..... the air ticket) he maintained it showed thisname 'j. jaggi'. he volunteered that his reason for saying so wasthat in case of difficulty in regard to name, the passenger would givehis correct name and that name would be entered in the passengerlist. but what was the difficulty in this case except what was contrived (even without justification) by ..... respect has been already discussed at length;it remains to discuss the evidence of o. p. (d. w. f)) ofthe indian airlines who referred to the name in the passengers list(ex. d.w. 6/a) reading 'j. jaggi.' d.w. 6 admitted that he wasdischarged from the army earlier, i.e. before he entered with indian airlines .....

M. Ct. Muthiah and anr. Vs. Controller of Estate Duty

Court : Chennai

Reported in : [1974]44CompCas254(Mad); [1974]94ITR323(Mad)

Ramaswami, J.1. This is a reference under Section 64(1) of the Estate Duty Act, 1953 (hereinafter called 'the Act '). This reference arises out of the estate, duty assessment of the estate of late M.Ct.M. Chidambaram Chettiar (hereinafter referred to as ' the deceased '), who died in an aircrash on March 13, 1954. He was survived by his wife and two sons by name M Ct. Muthiah and M.Ct. Pethachi. In the account of the estate which was filed by the two sons of the deceased it was claimed that the deceased was a member of a joint Hindu family consisting of himself and his two sons and that accordingly the deceased had an interest to the extent of one-third in the properties which ceased on his death. Apart from the-one third share in the family properties which was declared in the accounts there were included amongst other assets in the free estate, moneys received on various policies of insurance on the life of the deceased totalling Rs. 2,36,779. In computing the principal value of the ...