Court : Andhra Pradesh
Reported in : [2006]133CompCas5(AP)
..... therefore, it is high time that this court take a serious view of such matters, and require the ex-managing director and other ex-directors of the companies comply with the provisions of the companies act, 1956, and file statement of affairs, as required under section 454 thereof, and on their failure to do so, to either impose fines or send them to imprisonment or impose both fine and imprisonment, else the very purpose ..... ex-managing director and other ex-directors, who were in charge of the day-to-day affairs of the companies prior to their winding up, to file the statement of affairs as required under section 454 of the companies act, 1956, they are successfully evading the service of the summons, and on some occasions they have even refused to receive the same. ..... to file statement of affairs having been fixed by the court already, and non-filing of statement of affairs under section 454 of the companies act, being a continuing offence, the question that remains to be considered is what is the quantum of sentence that can be imposed on them. ..... to have not co-operated, i am of the considered opinion that a lenient view can be taken, for he has not only substantially complied with the provisions of section 454 of the companies act, but is said to have become bankrupt and is being fed by the community. ..... state of punjab air 1976 sc 2386, would be of no help to him, and more so when the pleas now taken were already considered, and are only a ruse to defer the ..... punjab air 1976 sc 2386 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2009]150CompCas800(AP); [2009]92SCL59(AP)
..... loans or borrowings raised, incurred and utilized solely for the activities or operations of the demerged undertaking as on the appointed date, and being a part of the demerged undertaking, shall, without any further act or deed, stand transferred to and be deemed to be transferred to the resulting company to the extent that they are outstanding as on the effective date and shall become the loans, debts, liabilities, ..... 927 (delhi), that where the proposed arrangement is one between the company and its members, a meeting of the creditors is not necessary under the act, that no meeting of any class which is not involved in the proposed scheme is required, that a meeting should be convened only of the class which is affected (shackleton on 'law and practice of meetings') and ..... on this question, one view is that the creditors are not entitled, as of right, to participate in the process of consideration of sanction of the scheme, as the companies act, 1956 does not contain a specific provision for a notice being given to the creditors at any stage either prior to the making of the order or subsequent thereto, except insofar as the ..... that the members or class of members or the creditors or class of creditors, as the case may be, were acting bona fide and in good faith and were not coercing the minority in order to promote any interest adverse to ..... alexander [1976] 2 all er 721, 'where the draftsman uses the same word or phrase in similar contexts, he must be presumed to intend it .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1984)IILLJ140AP
..... culp davis in his 'trial type hearing' reported in 70 harward law review, page 193 at 225, emphasises that with a view to preserve the efficiency of privilege or benefits pleaded procedure thus' 'the plain fact is that the courts often give legal protection to what they persist ..... of fair play or fundamental fair procedure must not be jettisoned save in extremely exceptional circumstances where compulsive necessity dire demands in sensitive zones unoccupied by legislative acts, and the court must make every effort even in those areas to the permissible extent to apply the principles of natural justice. ..... when he has applied for and was found eligible but his rival (a hypothetical case of co-competitor or one animated with jealousy or enimity just referred to) manoeuvred with the police and procured an adverse report with all false allegations, if the theory of privilege is given credence to an if the authority relying on the ..... politicians at the grass root level having taken hold of the administration, animate to maintain control thereof; foment factionalism and keep the officials under their thumb or distribute the largesse at their disposal to their party supporters or commit acts of misfeasance. ..... maharashtra public ..... challappan : (1976)illj68sc , after referring to the several provisions of probation of offenders act observed at page 222 : 'these provisions would clearly show that an order of release on probation comes into existence only after the accused is found guilty and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(1)ALT754
..... the learned counsel for the respective parties and considering the draft issues, this bench on 07-02-2008 framed the following issues for consideration:issues:(1) where a police officer causes the death of a person, acting or purporting to act in discharge of official duties or in self-defence as the case may be, is there commission of a cognizable offence (including in an appropriate case the offence of culpable homicide); and whether the information ..... of property; de minimus infractions; diplomatic immunity; domestic or special responsibility; double jeopardy; duress; entrapment; executive immunity; extreme emotional disturbance, hypnotism; impaired consciousness; impossibility; incompetence; insanity; intoxication; involuntary act defences; judicial authority; judicial immunity; justification; law enforcement authority; legislative immunity; medical authority; mental illness apart from insanity; military orders (lawful or otherwise); mistake (of fact and sometimes of law); ..... this non-derogable constitutional value and the concomitant executive and governance obligation could be preserved only by eternal vigilance towards maintaining the sanctity of life and liberty, effectuated and operationalised by relentless pursuit and administering of the sanctions enjoined by law, against ..... maharashtra ..... state of maharashtra : 1983crilj642 ]; and ..... of maharashtra : ..... maharashtra ..... maharashtra ..... act empowers the appropriate officer, if he has a reason to believe that any aircraft, vehicle or animal .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1982AP397
..... mentioned of trees; (ii) plants not being trees (including grass, creepers, reeds and moss) and all parts or produce of such plants; (iii) wild animals, wild birds, skins, tusks, horns, bones, silk cocoons, honey, wax, and al other parts or produce of animals and birds; (iv) peat, surface soil, rock and laterite), mineral oil and all products of mines or quarries; and (3) such other produce as may be ..... was urged in the writ petition that the amended rules were not placed before both the houses of the state legislature as contemplated by section 68 (3) of the act, it was subsequently given up, in view of the statement in the counter-affidavit filed of the forest department that the amended rules were placed on the able of ..... in view of the object of the act to protect and preserve the forests,, the wide definition of 'forest produce' and section 29 empowering the government to make rules to regulate transit and possession of timber and other forest produce, the contention of the learned counsel for the petitioners that the act applies only to reserved forests, protected forests and reserved private forests and the government cannot make ..... rural development (forest-iii) 31st july, 1976, the andhra pradesh forest produce transit rules ..... , (1976) 1 aplj (hc) 156 and also to some passages in craies on statute law in order to impress upon me that the provisions of the act and the rules should not be construed in ..... 31st july, 1976 items (i) to ..... 31st march, 1976 by an ..... 31st march, 1976 and g. o. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1989]72STC185(AP)
..... not become a new distinct commodity and are as much 'shrimps, prawns and lobsters', as raw shrimps, prawns and lobsters, sub-section (3) of section 5 of the central sales tax act would be attracted and if with a view to fulfilling the existing contracts for export, the assessee purchases raw shrimps, prawns and lobsters and processes and freezes them, such purchases of raw shrimps ..... indeed, the whole tanning industry has come into existence only because the raw hides and skins cannot be preserved for long and the requirements of trade in that commodity demand that they should be tanned so that they do not putrefy and will be available for any ..... the enactment treated the said goods as one or as different goods and on an examination of the relevant provisions, it came to the conclusion that the madras act deals with untanned hides and skins as different goods from tanned hides and skins and on that basis, held that sub-rule (1) did not become invalid or ..... the tribunal has clearly found as a fact that the dealers have purchased hides and skins of animals to comply with the orders entered into with the foreign buyers for supply of leather of various specifications and after purchasing the raw hides ..... the respondent-dealer purchased raw hides and skins of animals to comply with the orders entered into with the foreign buyers for supply of leather of various specifications, tanned them and exported them in ..... central amendment act 103 of 1976 with retrospective effect from 1st april, 1976. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD1; 2004(1)ALT659
..... : [2002]1scr441 , the apex court while dealing with the procedure of interpretation of constitution held that constitution is deserved to be interpreted in a manner that it does not whittle down powers of the state legislatures and preserves federalism and an interpretation having the effect of making a particular entry, subject to any other entry though not so stated in the entry, deserves to be avoided unless that be the possible interpretation and in deciding the ..... community welfare and development, maintenance of various records and co-ordinating functions.section 33 provides emergency powers to the sarpanch, in consultation with the executive authority to direct the execution of any work or doing of any act that requires the sanction of the gram panchayat or any of its committees the execution whereof is in his opinion necessary for the service or safety of the general public.section 35 enables delegation of the functions ..... systems, basic decisions are made and implemented through negotiations so that all the members share in the making and executing of decisions, the political principles underlying and animating federal systems emphasize the importance of bargaining and negotiating co-ordination among several power centers and underline the virtues of dispersed power centers as a means of safeguarding individual ..... state of maharashtra, : ..... shri raj narain, : [1976]2scr347 , at para 688 it was held by the apex court:'the reason of this restraint is not that the indian constitution .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1985]153ITR521(AP)
..... is interpreted in a wide manner so as to embrace within its scope those acts of charity, which advance general public morality, alleviating suffering of weak, infirm animals or preventing cruelty to animals, encouraging compassionate feeling and tender treatment by protecting such domestic animals, by service of such animals or looking after and promoting the well-being of these domestic animals, including such bovine animals which are the mainstay of our agricultural community. ..... carries on has to be specified as the main object and all other objects have to be specified as incidental or ancillary objects, and this classification for the limited purpose of the companies act should not, according to the learned counsel, be confused with the real object for which the assessee-company was established. ..... the assessee does not undertake the preservation and protection of bovine and infirm horses as a measure of kindness towards animals and prevention of cruelty towards them ..... in connection with the income-tax assessment years 1974-75, 1975-76 and 1976-77, the assessee reiterated its plea for being recognised as a charitable institution ..... of the assessee, a company registered under the companies act, 1956, and licensed under section 25 of the said act by the central government for the assessment year 1976-77 is not exempt under section 11 of the income-tax act, 1961 ?' 2. ..... of its income for the assessment years 1974-75, 1975-76 and 1976-77 was also rejected. ..... tax assessment year 1976-77. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(2)ALD210; 2006(3)ALT16
..... the court would be the least competent in the face of scanty material to decide whether the government acted honestly in creating a post or refusing to create a post or its decision suffers from mala fide, legal or factual ..... and cooperation (fp.i) department dated 8.7.1997 which provided for closing down the aforesaid activities including two fruit preservation units and for extension of v.r.s. ..... of the court in such matters is to ensure the rule of law and to see that the executive acts fairly and gives a fair deal to its employees consistent with the requirements of articles hand 16....55. ..... when persons seek and get employment with such a company registered under the companies act, it must be presumed that they accept the right of the directors and the shareholders to conduct the affairs of the company in ..... embodies the brave hopes of india reborn that animated the freedom movement and was crystallized in the ..... , fruit preservation unit at anantarajupet, cuddapah district and the pesticides formulation units, at kumool and khammam for which experienced agriculture graduates were required, and that the petitioners were therefore entitled to be continued ..... union of india : (1976)iillj115sc , the supreme court held:.it must be noted that the question in regard to equivalence of educational qualifications is a technical question based on proper assessment and evaluation of the relevant academic standards and practical attainments ..... thomas : (1976)illj376sc , the apex court, ..... : (1976)illj376sc .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(6)ALD548; 2003(2)ALT770
..... tax on carriage of tea through the state of assam had the effect of interfering with the freedom of trade, commerce and intercourse; (2) that tea being a controlled industry under the provisions of the tea act, xxix of 1953, the uniongovernment alone had the power to regulate the manufacture, production, distribution or transport of tea and the jurisdiction of the assam legislature was thus completely ousted; (3) that the tax under ..... the motor vehicle in any public place in the state during the said period; and (ii) record in the certificate of registration in respect of the motor vehicle for which such certificate is granted under the motor vehicles act, if no such certificate of registration is granted in respect of a motor vehicle, in a certificate in such form as may be notified by the government, that the tax has been paid or that no tax is payable, in respect of the motor ..... in 1987, by section 3 of the maharashtra act, xiv of 1987, sub-section (1c) was added to provide for review of one time tax at 15 times the annual rate on all motor cycles used or kept for ..... takim roy rymbai, air 1976 sc 670, it was held:'.......give legislative competence, the legislature has ample freedom to select and classify persons, districts, goods, properties, incomes and objects which it would tax, and which ..... of the concept 'right to life' by the hon'ble the supreme court, it is well settled now that the right to life, enshired in article 21 means something more than survival or animal existence. .....
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