Court : Delhi
Decided on : Sep-13-1996
Reported in : AIR1997Delhi251
..... life insurance corporation act coming into force. in rashtriya mill mazdoor sangh nagpur v. model mills nagpur : (1984)iillj507sc the supreme court had held that the provisions of the industrial disputes act and the bombay industrial regulations act were special provisions visa-avis the provisions of the companies act. all these decisions were rendered in the light of and keeping in view the purpose of the provisions of different acts and in the light of the facts prevailing in each case.18. in fact, the legislature, on realizing the need to safeguard the wages of workers, amended the companies act and enacted section ..... leave of the court, of any of the properties or effects of the company after such commencement; shall be void.'37. i had an occasion to examine the position of law under section 232(1) of the indian companies act, 1913 and that prevailing under section 537 of the companies act, 1956 in the case of the peerless general finance and investment co. limited v. majestic apparels pvt. ltd., : 59(1995)dlt238 wherein i had after examining ..... cannot accept that it was the maximum price for the simple reason that while these arguments were in progress, i decided another application where i had sanctioned the sale of the second unit of this very company without any plant or machinery or moveables that is the plot and the superstructure only for rs. 43 lakhs whereas in the present case the price of rs. 28 lakhs offered was not only for an identical plot together with the .....
Tag this Judgment!Court : Delhi
Decided on : Sep-13-1996
Reported in : [1999]96CompCas950(Delhi); 1996RLR487
..... those are used. in this context, a reference be made to the case of the life insurance corporation of india vs . d. j. bahadur & ors.. reported as : (1981)illj1sc and the case of s. v. khandoskar v. v. m. deshpande, ito, and another reported as : [1972]83itr685(sc) . in the light of the above discussion, i do not find any merit in this contention and reject this plea of dfc and hold that the provisions of section 32e of the state financial corporations act are not attracted.(14) since all other points and contentions ..... than this act, but save as aforesaid, the provisions of this act shall be in addition to, and not in derogation of, any other law for the time being applicable to an industrial concern.'he had further submitted that the state financial corporations act, is special law, vis-a-vis the companies act which is general lawand, thereforee, its provisions will prevail over companies act,1956. he had also contended that once possession is taken over under section 29 of the state financial corporation act, the dfc ..... offered and cannot accept that it was the maximum price for the simple reason that while these arguments were in progress, i decided another application where i had sanctioned the sale of the second unit of this very company without any plant or machinery or moveables that is the plot and the superstructure only for rs. 43 lakhs whereas in the present case the price of rs. 28 lakhs offered was not only for an identical plot together with the superstructure but .....
Tag this Judgment!Court : Delhi
Decided on : Nov-05-1996
Reported in : 1996VAD(Delhi)429; 66(1997)DLT278
Mohd. Shamim, J.(1) These three writ petitions bearing Nos. 573, 574 and 575 of 1976 are being taken up together for the purposes of disposal as the parties in the three writ petitions are the same, and the common questions of law and facts which are Bkely to arise while disposing them of, are also the same Reliefs sought are also identical in all the three writ petitions. Facts in brief which led to the presentation of the three petitions are being enumerated below in order to facilitate the disposal. (2) The petitioner are a private limited company. They are the owner and landlord of the premises bearing No. G.39, Connaught Circus, New Delhi (hereinafter referred to as the disputed property for the sake of convenience). The ground floor portion of the said premises is in occupation of State Bank of India as a tenant. The petitioner have cleared the, house tax for the year 1972-73. The petitioner were served with a notice dated November 1, 1975 under Section 67 of the Punjab Municipal...
Tag this Judgment!Court : Delhi
Decided on : Dec-13-1996
Reported in : 1997IAD(Delhi)190; 1(1997)CLT65; 65(1997)DLT166; 1997(40)DRJ462
M.K. Sharma, J. (1) The present suit is instituted by the plaintiff against the defendant praying for declaration and permanent injunction. (2) In 1985, M/s. Maruti Udyog Limited (in short MUL) issued an advertisement in various newspapers inviting applications for appointment of dealers in various cities of India including Union Territory of Delhi for the vehicles manufactured by it. Criteria for selection and appointment of such dealers was mentioned in the said advertisement. In pursuance of the aforesaid advertisement the partnership firm known as M/s. Competent Builders, of which Mr. Raj Chopra and Mr. Narendra Anand were the partners, applied for grant of such dealership. The offer of the said firm was accepted by Mul in pursuance of which the dealership was granted. The automobile business was started in the name of M/s. Competent Motors which was a partnership business between Mr. Raj Chopra and Mr. Narender Anand. M/s. Competent Motors established its show room in Connaught Pl...
Tag this Judgment!Court : Delhi
Decided on : Jul-01-1996
Reported in : 1996IIIAD(Delhi)299; 63(1996)DLT163
R.C. Lahoti, J.(1) Lpa 32/96 has been preferred by the Indian Hotels Co. Limited feeling aggrieved by an order dated 28.2.96 passed by a learned Single Judge of this Court who has directed a writ petition filed by the appellant challenging an order of assessment fixing the annual rateable value of the appellant's property liable to property tax thereon passed by the Director (Tax) to be dismissed as not maintainable in view of availability of an alternate remedy of appeal. (2) The building in question is known as Hotel Taj Palace Inter-Continental and is situated on plot No. 2, Sardar Patel Marg, New Delhi. A collaboration agreement was entered into on 9.4.85 between the Delhi Development Authority (the Dda, for short) and the appellant whereunder land admeasuring approximately 6 acres was brought in by Dda as its corporate contribution. The Dda was to contribute Rs. 15 crores for the construction license and operation of the hotel, including the land. On 31.7.90 the Dda informed the D...
Tag this Judgment!Court : Delhi
Decided on : Mar-07-1996
Reported in : 1996IIAD(Delhi)265; 63(1996)DLT564; 1996(36)DRJ721
Anil Dev Singh, J.(1) RULE.(2) The movie in question 'Bandit Queen' which has been given 'A' Certificate pursuant to the order of the Film Certification Appellate Tribunal (for short 'FCAT') dated August 14, 1995, depicts a story of ordeal and agony of a woman who is shown to have been subjected to atrocities, maltreatment, rape and incarceration. The film is based on the book of the same name by Mala Sen and is directed and produced by the fifth respondent and the third respondent respectively. Facts as appear from the court record and as also from the files produced by the second respondent are: (3) By an application dated August 16/17, 1994, the third respondent requested the Board of Film Certification for a certificate under the Cinematograph Act, 1952, (for short 'the Act') to exhibit the film 'Bandit Queen'. The Central Board of Film Certification (for short 'the Board) through a letter of the Regional Office, Bombay, dated September 7, 1994, which was in the nature of a show ca...
Tag this Judgment!Court : Delhi
Decided on : Sep-13-1996
Reported in : 64(1996)DLT527; 1996(39)DRJ132
..... 23) mr. jaitley placed reliance on life insurance corporation of india vs. escorts ltd., : 1986(8)ecc189 , to support his argument that prior approval of the commission is not imperative. this case is not of much help to the respondents in view of the words which have been in coporated in section 96 of the dmc act. there is clear mandate of section 96 that no appointment can be ..... room for contending any longer that the provision requiring consultation with the state public service commission as required by the second proviso to sub-section (1) of s.58 of the m.p. municipal corporation act, 1956, is not mandatory. the court further observed that it necessarily follows that an appointment made without any such consultation would be invalid ..... . their lordships of the supreme court in the said judgment had an occasion to examine similar controversy. section 43 of the u.p. kshettra samit is and zila parishads adhiniyam (33 of 1961), which was pari materia with section 58 of the m.p. municipal corporation act came up for consideration before the supreme court. under that provision, the appointment of a kar adhikari ..... supreme court held that if there is any complaint about the appointment or promotion of an officer, who is not eligible under the rules to be promoted or appointed, the proper remedy is to make an application for the issue of a writ of quo warranto. even earlier, on number of occasions, the supreme court has taken the same view. in the case of statesman (private) ltd. v. h .....
Tag this Judgment!Court : Delhi
Decided on : Nov-06-1996
Reported in : 1997IAD(Delhi)298; 65(1997)DLT219; 1997(40)DRJ254; 1997RLR66
R.C. Lahoti, J. (1) This is a decree holder's revision feeling aggrieved by an order dated 15.5.87 passed by a executing court directing appropriation of payment made by the judgment debtor as against a decree for recovery of money by way of principal and interest and costs. (2) It appears that the decree holder has in his favor a simple money decree, the principal amount wherein carries interest pendente lite payable @ 6% per annum. Decree also directs payment of costs by J.D. to the decree holder. (3) The judgment debtor made a payment. The executing court has directed the decree holder to appropriate the payment first in payment of principal and the remaining amount to be adjusted in payment of interest and then towards the costs. (4) Having heard the learned counsel for the parties, I am of the opinion that the impugned order is not sustainable in law. Sections 59 to 61 of the Contract Act lay down the general rules as to appropriation of payment in a case where a debtor owes sever...
Tag this Judgment!Court : Appellate Tribunal for foreign Exchange New Delhi
Decided on : Sep-06-1996
Sarveshchandra, Chairman - The application for dispensing with the pre-deposit came up for disposal today. Shri Diwan, at the outset, filed three compilations of documents 'A', 'B' and 'C. He has also filed, to facilitate appreciation of his arguments, a statement showing realisable amounts of exports and their respective positions on date. The same position has been filed in a tabular form as Chart 'A' containing references of the relevant documents in respect of outstanding GRIs as also a Chart of export performance of the appellant for the years 198189. These documents are taken on record. Copies of these documents have been handed over to Shri Gadoo dasti 2. Shri Diwan for the appellants submitted that in support of the dispensation application he would not claim financial hardship. He submitted that it would cause undue hardship to the appellant if he is required to pre-deposit the amount of penalty as the impugned order is ex facie untenable in law. Elaborating his argument he su...
Tag this Judgment!Court : Delhi
Decided on : Nov-13-1996
Reported in : 66(1997)DLT842; 1997(41)DRJ348; 1997RLR411
S.N. Kapoor, J.(1) This Revision Petition is directed against an order passed on the application under Order 38 Rule 5 and under Order 39 Rules 1 and 2 Civil Procedure Code . directing the petitioners to furnish bank guarantee for the amount claimed in the suit. (2) Brief facts giving an occasion to the present revision petition, are as under :- According to the case of the plaintiff/respondent, the plaintiff supplied goods to the petitioners/defendant from time to time. The petitioners failed to clear the account despite the repeated requests. Moreover, the cheques issued by the defendants were also dishonoured on presentation for realisation. Whenever plaintiff visited the shop premises, it was found closed. Enquiries from neighbour further revealed that the defendants were planning to close down the premises. Through reliable sources, the plaintiff/respondent came to know that the defendants/petitioners were closing down their business by selling the cloth on a very low price. Appre...
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