Court : Delhi
Decided on : Oct-15-1993
Reported in : AIR1994Delhi126; [1997]89CompCas785(Delhi); 52(1993)DLT560; 1994(28)DRJ228
ORDERD. P. Wadhwa, J.Rule D. B. 1. There are two petitioners. First petitioner is a public limited company registered under the Companies Act, 1956, and the second petitioner is the Director of the first petitioner. By this petition they seek to have issued a writ, direction or order in the nature of certiorari quashing the award of contract by respondents 1, 2 and 3 to respondent No. 4 for printing, binding and supply of telephone directory for Hyderabad. Then the petitioners seek a writ, order or direction in the nature of mandamus requiring the respondents 1, 2 and 3 to accept the tender of the first petitioner for the purpose aforementioned. The first respondent is the Union of India through the Secretary, Ministry of Communication, NewDelhi; the second is the Chairman, Telecom Commission, Ministry of Communication, New Delhi; the third is the General Manager, Department of Telecommunications, Telecom District, Hyderabad; and the fourth respondent is M/s. M. & N. Publications Limit...
Tag this Judgment!Court : Kolkata
Decided on : Jul-09-1993
Reported in : AIR1994Cal1,[1996]87CompCas139(Cal)
ORDER1. An application under Section 543(1) of the Companies Act, 1956 was filed on 16-9-91 for and on behalf of the Official Liquidator by way of a Judge's Summons which are, inter alia, as follows:'1. Declaration that the Respondents and each of them, who were the Directors of the Company abovenamed at the time of winding up thereof and at all material times have misapplied, misappropriated and/ or retained and/ or become liable and/ or accountable for Rs. 72,87,903.86 p. and/or gulty of misfeasance and breach of trust in relation to the said Company on the following grounds:--(a) The respondents have misappropriated a sum of Rs. 1,11,00,260.18 p. being the money lent and advanced by secured creditors and the said Respondents are bound to restore the sum of Rs. 1,11,00,260.18 p. together with interest thereon at the rate of 18% per annum being the prevailing rate charged by the Nationalised Banks from the date of liquidation until realisation.(b) The Respondents and/ or each of them ...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-06-1993
Reported in : (1993)ILLJ1168Raj; 1993(1)WLC415
..... under section 5a and section 5b, respectively, of the employees' provident fund and miscellaneous provisions act, 1952 (19 of 1952), or the 'indian airlines' and 'air india' corporations established under section 3 of the air corporations act, 1953 (27 of 1953), or the life insurance corporation of india established under section 3 of the life insurance corporation act, 1956 (31 of 1956), or the oil and natural gas commission established under section 3 of the oil and natural gas commission act, 1959 (43 of 1959), or the deposit insurance and credit guarantee corporation established under section 3 of the deposit and credit guarantee corporation act, 1961 (47 of 1961) or thecentral warehousing corporation establisbed under section 3 of the warehousing corporation act, 1962 ..... (supra), the reference made by the state government was to the effect that all workers who are working with thecontractors on permanent jobs should be made permanent and recruitment from outside be stopped. this court examined the scope of the provisions of 1947 act vis-a-vis provisions of 1970 act and held that terms and conditions of employment of contract labour are regulated by the provisions of 1970 act and, therefore, the provisions of industrial disputes act are not applicable. the learned single judge noted that, 'in the present case, there does not appear to be any dispute between the parties that the contract labour was employed under the provisions .....
Tag this Judgment!Court : Chennai
Decided on : Dec-29-1993
Reported in : (1994)49TTJ(Mad)500
..... act; and (iii) reserve of the type referred in r. 6e of the it rules, 1962. the first two instances cover the special reserves created in pursuance of the regulations governing financial corporations of the type referred in s. 36(1)(viii) , or, as the case may be, scheduled banks of the type referred to in s. 36(1)(viiia). the third instance covers reserve for unexpired risks created in compliance with the regulations governing insurance business (other than life insurance ..... applies to cases where there is a shortfall in the provision made for taxation and/or proposed dividends.30. in its application to the latter type of cases (that is to say, in cases where there has been a shortfall in the provision made for taxation ..... it act, 1922(11 of 1922) or the it act, 1961 (43 of 1961).explanation. - for the removal of doubts it is hereby declared that any amount standing to the credit of any account in the books of a company as on the first day of the previous year relevant to the assessment year which is of the nature of item (5) or item (6) or item (7) under the heading 'reserves and surplus' or of any item under the heading 'current liabilities and provisions' in the column relating to 'liabilities' in the 'form of balance sheet' given in part i of schedule vi of the companies act, 1956 (1 of 1956 ..... to avoid an interpretation of the section which leads to anomalies and which will make it invalid. we have to adopt such a construction which will make the section valid and certain. in our .....
Tag this Judgment!Court : Chennai
Decided on : Dec-22-1993
Reported in : (1994)2MLJ313
Thangamani, J.1. Sri Thiyagarajaswami Temple of Tiruvarur is a very ancient one in Southern India. In the temple Pooja or worship has to be done almost throughout the day. There are daily services, the extraordinary services prescribed for a particular week and a particular month and the celebration of the annual festivals. The daily services are 6 in number spread over the day from morning to midnight. There are forms and rituals to be observed with regard to the several services of the day, the weekly, the monthly and extraordinary services and celebration of festivals. The peculiar features of the temple is that apart from an allowance called 'the Mohini allowance,' there is no other property which can now be said to be devoted for its general purpose. There are, however, a number of specific endowments or Katalais relating to the various services in the temple, its festivals and for conducting several charities in glorification of the pagoda of Sri Thiyagarajaswami. The main object...
Tag this Judgment!Court : Kolkata
Decided on : Dec-22-1993
Reported in : [1994]210ITR222(Cal)
Ajit K. Sengupta, J.1. In this reference made at the instance of the Revenue, the following questions have been referred by the Tribunal for the opinion of this court under Section 256(1) of the Income-tax Act, 1961:'1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that any expenditure incurred in the course of the assessee's business has to be treated as business expenditure and merits deduction ignoring the provisions of Section 37(1) of the Income-tax Act, 1961, which provides that any business expenditure of capital nature is not allowable as a deduction ? 2. Whether, on the facts and in the circumstances of the case and in view of the ratio of the decision of the Calcutta High Court in Chloride India Ltd. v. CIT : [1981]130ITR61(Cal) , the Tribunal was justified in law in holding that the expenditure of Rs. 6,96,288 incurred for acquiring a right to vacant possession is an allowable business expenditure ?' 2. The facts as ...
Tag this Judgment!Court : Delhi
Decided on : Dec-16-1993
Reported in : 1994IAD(Delhi)21; 53(1994)DLT571; 1994(28)DRJ114
D.P. Wadhwa, J.(1) This petition under Article 226 of the Constitution is directed against the order dated24 April 1989(communicatedtothe petitioner by letter dated 17 May 1989)of the Oil India Limited, the second respondent dismissing the petitioner from service. The petitioner also seeks to quash the order dated 25 January 1990 dismissing his appeal by the appellate authority. Then the petitioner seeks consequential reliefs.(2) There are four respondents. The first respondent as the title shows, is the Union of India in the Ministry of Petroleum; the second respondent is the Oil India Limited, a Government Company under Section 617 of the Companies Act, through its Chairman; the third and fourth respondents, respectively, are the Executive Director and Chairman & Managing Director (for short 'C.M.D. ' ) of the Oil India Limited.(3) The petitioner was working as Assistant Financial Controller, a Grade Vi post, in Rajasthan Project of the second respondent. By memorandum dated 13 Octob...
Tag this Judgment!Court : Chennai
Decided on : Dec-10-1993
Reported in : 1994(46)ECC44
Ratnam, J.1. This writ appeal has been preferred by the State Trading Corporation of India against the order in W.P. No. 10611 of 1991 (printed at page 48 infra) filed by the first respondent herein praying for the issue of a writ of mandamus directing the appellant herein to reship two consignments of 20 tonnes each of raisins lying with the second respondent back to the supplier at Turkey after complying with the proceedings of the second respondent dated 11.7.1991. Pursuant to a licence obtained by the first respondent for the import of dried grapes (raisins), two containers of 20 tonnes each of raisins were imported through the appellant and the consignment reached the Madras harbour on 24.12.1990. Even before the consignment of the imported raisins reached Madras harbour, the consignment was sold by the appellant to the first respondent by endorsing the shipping documents. When steps were taken by the clearing agents of the first respondent for clearing the consignment, the Port H...
Tag this Judgment!Court : Patna
Decided on : Dec-09-1993
S.B. Sinha and G.S. Sharma, JJ.1. In this writ application the petitioners have sought for issuance of a writ of or in the nature of mandamus directing the respondents to regularise the services of the petitioners as also for giving equal pay for equal work and other incidental reliefs.2. The petitioners are said to be the workmen of the respondent-Corporation. According to the petitioners the workmen of the respondent-Corporation are in three categories first category is of those who are appointed on substantive and permanent post, the second category of the workmen are employees on daily wages basis and third category workmen are piece rated workmen. According to the petitioners they are not treated at par with the employees who are employed on a substantive and permanent post in the matter of grant of various allowances including house rent allowance, city allowance etc.3. Admittedly, an Industrial Dispute was raised which gave rise to a reference made by State of Bihar being Refe...
Tag this Judgment!Court : Mumbai
Decided on : Dec-09-1993
Reported in : [1994]210ITR485(Bom)
D.R. Dhanuka J.1. The Income-tax Appellate Tribunal has referred the following questions to this court for its opinion under section 18 of the Companies (Profits) Surtax Act, 1964, read with section 256(1) of the Income-tax Act, 1961. The first two of the questions are referred at the instance of the assessee and the remaining two at the instance of the Revenue : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the debentures issued to the public financial institutions was not issued to the 'public' within the meaning of clause (iv) of rule 1 of the Second Schedule to the Companies (Profits) Surtax Act (2) Whether, on the facts and in the circumstances of the case and on an interpretation of clause 3(A) of the debentures trust deed, the Tribunal was right in holding that mere option to the debenture holders make debentures redeemable before the expiry of seven years ?' 2. At the instance of the Revenue : '(3) Whether, on th...
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