Court : Allahabad
Reported in : AIR1996All262; [1997]89CompCas770(All)
..... coming to the conclusion that the tribunal is a civil court:'i, however, am of the view that the tribunal constituted under section 4 of the act does not, in reality, have an entity different from that of the 'civil court', specified as authority to exercise jurisdiction under the act, that the specifications under section 4 of the act merely involves that the authority of the civil court (civil judge or the district judge, as the case may be) is enlarged so that it exercises ..... keeping in view the test laid down in the cases referred to above by their lordships of the supreme court drawing a distinction between tribunal and court, it is necessary to examine the scheme of the relevant provisions of the companies act, 1956 (hereinafter referred to as the 'act') to find out as to whether company law board, while deciding a case, acts as a tribunal or a court.22. ..... ' so far as the purposive approach of the supreme court to find out the meaning of the word 'court' as used in section 9-a(2) of the act, will be clear from the following observations:'the object of amending the special court act invest the special court with the power and authority to decide civil claims arising out of transactions in securities entered into between the stated dates in which a person notified was involved has already been ..... 95 of maharashtra co-operative societies act (act 24 of 1965) deciding the dispute regarding the rights of the members of the co-operative societies can be held to be a court. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC851; 2005(5)ALLMR(SC)405; [2005(104)FLR820]; JT2005(1)SC449; (2005)ILLJ853SC; (2005)2SCC638; 2005(2)SLJ358(SC); (2005)2UPLBEC1470
..... divan, learned senior counsel appearing on behalf of the appellant, had principally raised three contentions in support of the appeal, firstly, it was argued that in view of the tact that from a perusal of the said act it would appear that 'the company' was wound up in a proceeding for liquidation and as the undertakings of the company had not been functioning necessitating the enactment thereof; the division bench of the high court committed ..... (supra) and it while holding that a company taking over the management of a closed undertaking may in a given situation become successor-in-interest but as regard the interpretation of the relevant provisions of the 1947 act following hariprasad shivshankar shukla (supra), opined :'...the legislature, however, wanted to provide that though such termination may not be retrenchment technically so-called, as decided by this court, nevertheless the employees in question whose ..... the parliament amended the provisions of the 1947 act by inserting section 25ff and section 25fff therein by reason of the industrial disputes (amendment act), 1957 with effect from 28.11.1956, as it was found that having regard to the helpless condition to which workman would be thrown if his services are terminated without payment of compensation and presumably on the ground that if a reasonable compensation is awarded, he may be able to ..... decisions cited in the above context are as follows: maharashtra tubes ltd. v. ..... & investment corporation of maharashtra ltd. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC1685; JT2002(3)SC476; 2002(3)SCALE265; (2002)4SCC539; [2002]2SCR902; 2002(3)SLJ17(SC)
..... the statement of objects and reasons for the above amendment isset out in the bill as under:'section 29b of the west bengal premisestenancy act, 1956, as amended by the westbengal premises tenancy (amendment) act, 1978,provides some relief, inter alia, to the retiring orretired members of the naval, military or air force ofthe union of india in the matter of getting backpossession of their own premises let out to tenants ..... the portion, which is placed between brackets '[]' in the text ofthe provision reproduced hereinabove, has been substituted by westbengal premises tenancy (amendment) act, 1979 (act xli of 1979) witheffect from 17th march, 1980 in place of the words which earlier read as:'or by a landlord who is a retired member of thenaval, military or air force of the union of india orwill retire within a period ..... , who are the appellants, claiming themselves to be residingwith their father and as dependent on him, initiated proceedings foreviction of the tenant, the respondent before us, under section 13(1)(ff)of the west bengal premises tenancy act, 1956 (hereinafter referred to as'the act', for short) by having recourse to summary procedure underchapter via of the act. ..... proceedings for eviction and therefore, his majordaughters were not entitled to have recourse to special procedure fordisposal of application for eviction on the ground of bona fiderequirement prescribed by section 29b (chapter via of the act); theycould have had recourse to the forum of civil court. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC557; 1965MhLJ850(SC); [1966]1SCR594
..... provided :'notwithstanding anything contained in section 9 or 19 but subject to the provisions of sub section [2] to [5], a landlord may after giving to the tenant one year's notice in writing at any time within two years from the commencement of this act and making an application for possession under sub section [2] of section 26, terminate the tenancy of the land held by a tenant other than an occupancy tenant if he bona fide requires the land for cultivating it personally: [amendment of this ..... in the meantime the governor of the state of bombay [the vidharbha region having been incorporated within the state of bombay by the sates organization act 1956] issued ordinance 4 to 1958 a ban was imposed against eviction of tenants, and by s. ..... [1] - [a] all proceedings for the termination of the tenancy and ejectment of a tenant or for the recovery or restoration of the possession of the land under the provisions of the enactments so repealed, pending on the date of the commencement of this act before a revenue officer or in appeal or revision before any appellate or revising authority shall be deemed to have been instituted and pending before the corresponding authority under this ..... the first respondent tukaram was a protected lessee within the meaning of that expression in the berar regulation of agricultural leases act 24 of 1951 - hereinafter called the berar act in respect of certain land at mouza karwand in the vidharbha region [now in the state of maharashtra]. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC793; 1978MhLJ411(SC); (1978)2SCC542; [1978]3SCR561; 1978(10)LC463(SC)
..... the high court further held that the expression 'heirs of the husband' in section 15(1)(b), as also in section 15(2)(b), refers to the heirs of the deceased husband, who would have succeeded under the provisions of the hindu succession act, 1956, if the husband had died on the date on which the female intestate actually died. ..... turji, a sister of the last male holder, punjya, is an heir under section 15 read with section 2(11)(4)(iv) of the schedule referred to in section 8 of the hindu succession act, 1956, whereas the defendants claim as sapindas of the last male holder under mitakshra law.6. ..... construed in accordance with the above principle, the expression 'personal law' referred to in section 151 of the code, comprehends the hindu succession act 1956, which will undoubtedly govern the inheritance to the 'estate' of smt. ..... (i), section 4(2) of the hindu succession act, 1956, (for short caned 'the act') saved section 151 of the code ..... section 4(2) of the hindu succession act, 1956, in no way saves section 151 of the madhya pradesh land revenue code and it cannot-be held that section 14 of the hindu succession act does not affect the personal law according to which the devolution of the interest of a tenure-holder passes under section 151 of the code ..... this view, she would exclude the defendants-agnates from inheritance even according to 'personal law' which, within the contemplation of section 151 of the code, will include the hindu succession act, 1956, in force at the time when smt. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2000(9)SC516; 2000(6)SCALE115; (2000)7SCC409; [2000]Supp2SCR653
..... at the time of his death an interest in a mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this act.provided that, if the deceased had left him surviving a female relative specified in class i of the schedule or a male relative specified in that class who claims through such female relative, the interest of the ..... ]129itr440(sc) is an authority for the proposition that where a female is entitled to a share in coparcenary property on partition, then by virtue of explanation i to section 6 of 1956 act, she continues to be so entitled despite the fact that no partition may actually have taken place prior to the coparcener's death. ..... unmarried daughter's share in addition to their rights on intestacy as heirs of hiri under the hindu succession act, 1956 as well as under the two deeds dated 17.11.67 and 9.6.71. ..... time, the hindu succession act, 1956 had come into force ..... contended that the provisions of the mysore act are ancillary to the provisions of the hindu succession act, 1956 and particularly sections 6 and 8 of that act.12. ..... ground that the high court on second appeal should not have interfered with concurrent findings of fact on the appellants' lack of consent and should not have applied the provisions of the mysore act which, according to the appellants, had been excluded by the provisions of section 4 of the hindu succession act, 1956.11. ..... state of maharashtra v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC69; 1974LabIC240; (1972)2SCC862; [1973]1SCR945
..... orders said, 'we hope and trust that the central government will take immediate steps to finalise the list of integration in the manner prescribed in section 115 of the states reorganisation act, 1956 and the state government will take expeditious steps to place all the necessary materials before it.'15 ..... of the former state of hyderabad some areas were transferred to mysore and some to bombay, which became maharashtra and the telengana area became part of the state of andhra pradesh.9. ..... , mangalore : [1964]7scr549 this court said, 'the broad purpose underlying the proviso to section 115(7) of the act was to ensure that the conditions of service should not be changed except with the prior approval of the central ..... 1956 the state of andhra pradesh came into existence under the states reorganisation act, 1956 (hereinafter referred to as the act ..... . it will be within the province of the decision of the central government under section 115 of the act in regard to integration of services and ensuring fair and equitable treatment to all persons whether the retrospective regularisation and relaxation of rules will amount to any change in the conditions of service or will ..... . with regard to powers of the state section 115(7) of the act provides that after the appointed day (1 november, 1956) nothing shall effect the operation of the provisions of chapter i of part xiv of the constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2001VIIIAD(SC)52; 2001(6)SCALE563; (2001)9SCC141; [2001]3SCR95; 2001(2)LC1552(SC)
..... appellant before the tenancy awal karkun was that the possession of the said land was handed over to the husband of the respondent by him in proceedings initiated under section 31 of the bombay tenancy & agricultural lands act, 1948 (hereinafter referred to as 'the act') and that before the expiry of the statutory period of twelve years she had leased it out to one damu kalu suryavanshi of march 31. ..... landlord to restore possession if he fails to cultivate within one year - (1) if after the landlord takes possession of the land after the termination of the tenancy [under section 31], [33 or section 34 of this act as it stood immediately before the commencement of the amending act, 1956] he fails to use it for any of the purposes specified in the notice given under [section 31], [33 or section or section 34 of this act as it stood immediately before the commencement of the amending act. ..... a plain reading of the provision above-quoted, shows that when a landlord takes possession of land after termination of tenancy under section 31, 33 or 34 of the act and fails to make use of it for the purpose specified in the aforesaid section within one year of taking possession of the land or ceases to use for the aforesaid purpose within twelve years from the date on ..... appeal against the said order of the tenancy awal karkun before the sub-divisional officer having been unsuccessful, the respondent filed a revision before the maharashtra revenue tribunal. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3426; 2006(2)ARBLR34(SC); 2006(2)AWC1869(SC); 2006(5)BomCR322; (2006)5CompLJ224(SC); 2006(1)CTLJ100(SC); (2006)4MLJ1695; 2006(3)SCALE324; (2006)4SCC227
..... and a rising star in the international world of cricket, entered into a promotion agreement dated 1st november, 2000 (`the agreement') with the appellant whereunder the appellant was to act as the sole and exclusive agent to manage, market, render various consulting services, negotiate for, execute contracts on behalf of, render tax and other advice to, and generally manage ..... compelling specific performance of a contract of personal, confidential and fiduciary service, which is barred by clauses (b) and (d) of section 14(1) of the specific relief act, 1963;(ii) secondly, it is not only barred by clause (a) of section 14(1) of the specific relief act, but this court has consistently held that there shall be no specific performance of contracts for personal services;(iii) thirdly, this amounted to granting the whole or ..... compelling specific performance of a contract of personal, confidential and fiduciary service, which is barred by clauses (b) and (d) of section 14(1) of the specific relief act, 1963;(ii) secondly, it is not only barred by clause (a) of section 14(1) of the specific relief act, but this court has consistently held that there shall be no specific performance of contracts for personal services;(iii) thirdly, this amounted to granting the whole or ..... the appellant is a company incorporated under the companies act, 1956 and carries on business, inter alia, of event management, model and celebrity endorsement and management, charity events/social marketing, all ..... maharashtra .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(2)ARBLR439(SC); 2008(3)AWC3104(SC); 2008BusLR568(SC); [2008]144CompCas34(SC); (2008)3CompLJ451(SC); 2008(8)SCALE576; [2008]84SCL394(SC); 2008(2)LC721(SC)
..... arbitration, the chief justice of india or the person or institution designated by him may appoint an arbitrator of a nationality other than the nationalities of the parties where the parties belong to different nationalities.section 28 of the 1996 act reads as under:28 - rules applicable to substance of dispute(1) where the place of arbitration is situate in india,--(a) in an arbitration other than an international commercial arbitration, the arbitral tribunal shall decide the dispute submitted to arbitration in ..... domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto.the preamble of the 1996 act shows that the parliament of india intended to give effect to the rules framed by the united nations commission on international trade law (uncitral) known as uncitral model law on international commercial arbitration in 1985.11. ..... an arbitration clause, which read as under:if the parties fail to settle the question, dispute or difference through negotiations, the same shall be referred to arbitration as per the provisions of the indian arbitration act, 1940 and the rules made thereunder and any statutory modifications or re-enactment thereof that may be made from time to time and actually in force at the time of reference. ..... companies registered and incorporated under the companies act, 1956 (for short 'the act'). ..... two contingencies, viz .....
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