Court : Chennai
Reported in : AIR1983Mad232; (1983)IIMLJ7
..... ) among other amendments. such question was directly dealt with in state of karnataka v ranganatha reddi. : [1978]1scr641 . that was a case where the karnataka contract carriages (acquisition)act (21 of 1976) came up for consideration. an argument was taken that the provision of the said act came in conflict with the central legislation and also transgreesed the ..... : [1970]3scr530 , in r.c.cooper's case, : [1970]3scr530 the view is, a citizen may claim in an appropriate case that the law authorising compulsory acquisition of property imposes fetters upon his right to hold property which are not reasonable restriction sin the interests of the general public. according to this decision. part iii of the ..... provisions of the act. it is not an act which deals with any inter-state trade and commerce. even assuming for the sake of argument, that carriage of passengers from one state to the other is in one sense a part of the inter-state trade and commerce, the impugned act is not one which seeks to .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(112)BomLR2266,2010(176)LC257(Bombay)
..... the currency declaration form. i dispatched it to administration office. i am shown the form. it is the same form it was produced before me by the passenger and it was sent to administration office by me.' in similar way, other witnesses also admitted the fact about the currency declaration form and the currency brought ..... ccs (cca) rules, 1965 wherein the joint commissioner of customs (vigilance), mumbai held that the inquiry officer's observations were based solely on the retracted statements of the passenger i.e. respondent no. 1 and therefore, it was not necessary to impose major punishment on the respondent no. 2. accordingly, the joint commissioner of customs (vigilance ..... any result and the said firm refused to reply to the queries raised by the indian authorities. mr. jetly further submitted that it is mandatory for any passenger to produce the documentary evidence of its source of procurement when the amount exceeds 250 us dollars. in the present case, the respondent no. 1 failed to .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)ALLMR405; 1999(1)BomCR643; (1999)1BOMLR687; [1999(81)FLR767]; (1999)IILLJ109Bom; 1999(1)MhLj489
..... :2. the petitioner is a foreign airline company incorporated under the laws of saudi arabia and owned by the kingdom of saudi arabia. it is engaged in the transportation of passengers, cargo and mail by air and has offices at various places all over the world including one at mumbai. the 1st respondent is an ex-employee of the petitioner and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(6)ALD67; 2003(1)ALT407
..... in indian administrative law.9. therefore, the questions whether the assignment was made in the year 1977 or december, 1981, whether the petitioners were landless poor persons by reason of acquisition, of their land in the year 1982, and whether the petitioners at the relevant point of time were employees or not, are all pure questions of fact, which cannot be .....
Tag this Judgment!Court : Kolkata
Reported in : (1990)1CALLT373(HC)
Bimal Chandra Basak, J.1. These appeals by the Regional Provident Fund Commissioner, West Bengal (hereinafter referred as to R.P.F.C.) are directed against orders passed by the learned Company Judge of this Court in an application under Section 633(2) of the Companies Act (hereinafter referred to as the said Act) whereby the learned Judge passed an order in favour of the petitioners.FACTS2. We shall set out herein below the operative portion of the certified copy of the order as drawn up and included in the Paper Book (Later on, we shall refer-to the signed copy of the Minutes' of the order passed, as recorded by the Court Officer, as certain submissions have been made relying on the same).'Upon the application by summons dated this day of the abovenamed Ravindra Chatnaria, Jyotirindra Mohan Roy, Bajranglal Saraogi and Rajat Chakraborty (hereinafter referred to as the said applicants) filed this day and upon hearing Mr. Tapas Banerjee (Mr. R. K. Lala and Mr. K. R. Das appearing with hi...
Tag this Judgment!Court : Delhi
Reported in : ILR1976Delhi375
..... government had failed to appreciate the description assigned to that land in the master plan and acted mechanically and illegally in initiating and continuing the acquisition proceedings: which are fraud on power. the petitioner contends that a combined reading of sections 110 and 117 of the cantonment act, 1924 ( ..... issued notification directing the chief commissioner, delhi, to exercise the powers and discharge the functions of the central government under the provisions of the land acquisition act. after the enactment of the seventh constitution (amendment) act, 1956, delhi was designated as a union territory which under article 239(1) ..... master plan are, for local, state and central government offices and use for defense purposes; research institutions, social and cultural institutions, bus and railway passenger terminals, public utility and buildings, local municipal facilities, uses incidental to government offices and for their use. further, all uses not specifically permitted therein .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1980Bom168
..... now, the language of section 3(1) is clear and unambiguous and giving the words and expressions their meaning under the above-referred definitions, this section indicates the acquisition of the right, title and interest of the owners in relation to the coal mines specified in the schedule and speaks of transfer to the central government of the ..... in various sections, namely, sections 3, 4, 7, 8, 10, 11, 26 and so on. in these sections, the word 'owner' is applied in relation to the acquisition of the rights of owners of coal mines, payment of amount to owners of coal mines, management etc. of their coal mines, disbursement of amounts to the owners of coal ..... manner as best to subserve the common good and for matters connected therewith or incidental thereto. the preamble thus indicates the nationalisation of coal mines by providing for the acquisition ,and transfer of the right, title and interest of the owners of the coal mines as specified in the schedule to the said act.41. it may be .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2622; 2005(4)ALD10(SC); III(2005)BC119(SC); [2005]125CompCas513(SC); (2005)4CompLJ464(SC); 2005(3)CTC39; (2005)195CTR(SC)465; 119(2005)DLT687(SC); 2005(100)ECC457;
K.G. Balakrishnan, J.(Editor: Majority opinion by K.G. Balakrishnan, Arun Kumar, D.M. Dharmadhikari, JJ.)1. Leave granted.2. The appellant in Civil Appeal No. 1748 of 1999 filed a writ petition before the High Court of Bombay challenging various notices issued to them under Section 50 read with Section 51 of the Foreign Exchange Regulation Act, 1973 (for short, the FERA Act) and contended that the appellant company was not liable to be prosecuted for the offence under Section 56 of the FERA Act. In this appeal filed against the judgment of the Division Bench of the Bombay High Court, dated 7th November, 1998, the appellant contends that no criminal proceedings can be initiated against the appellant-company for the offence under Section 56(1) of the FERA Act as the minimum punishment prescribed under Section 56(1)(i) is imprisonment for a term which shall not be less than six months and with fine. Section 56 of the FERA Act, 1973 reads as follows :'56. Offences and prosecutions - (1) Wi...
Tag this Judgment!Court : Supreme Court of India
Reported in : III(2005)BC56(SC); [2005]125CompCas545(SC); (2005)4CompLJ385(SC); 2005(4)CTC209; JT2005(5)SC506; (2005)5SCC465; [2005]60SCL249(SC)
..... s letter that they were ultimately planning to take over coflexip and they 'were on this merger, passing through a number of necessary stages: which included 'the acquisition of 30% of coflexip in april 2000...'(vi) 'isis has its nominees on the board of technip. isis has its nominees of coflexip. ..............thus in a ..... 'person acting in concert'. we are concerned with sub-section (i) which says that it comprises 'persons who, for a common objective or purpose of substantial acquisition of shares or voting rights or gaining control over the target company, pursuant to an agreement or understanding (formal or informal), directly or indirectly co-operate by ..... control over coflexip and therefore seamec treating seamec as the target company. the emphasis is on the target company whether the case is of direct or indirect acquisition under the regulations. thus regulation 2(b) of the regulations defines 'acquirer' as meaning any person who, directly or indirectly, acquires or agrees to acquire .....
Tag this Judgment!Court : Delhi
Reported in : AIR1986Delhi1; 28(1985)DLT229; 1985(9)DRJ292; 1985RLR438
G.C. Jain, J. (1) Dr. (Mrs.) C.L. Sury was lessee of house No. 72, Baber Road, New Delhi under the respondent Dan Singh Bawa. The agreed rent was Rs. 37.82 per month. She died in October, 1967. (2) On April 22, 1968 the landlord brought an application against the present appellant Kenneth Solomon for recovery of possession of the tenancy premrises. The eviction was claimed under proviso (b) to Sub Section (1) of Section 14 of the Delhi Rent Control Act, 1958 (for short 'the Act) on the allegations that the tenant had left no heir and had in her life time parted with the possession of the premises in dispute in favor of the appellant without the written consent of the landlord. (3) The appellant defended the claim. The plea raised was that that contractual tenancy in favor of Dr. Sury had not been determined. The tenancy rights devolved on him and another person under a will dated March 31,1957. In case it was held by the court that he could not inherit the tenancy rights under the will...
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