Judgment Search Results Home > Cases Phrase: maharashtra contingency fund act 1956 Page 85 of about 26,834 results (0.114 seconds)

Commissioner of Income Tax, Kerala Vs. Tara Agencies

Court : Supreme Court of India

Reported in : (2007)210CTR(SC)454; 2007(214)ELT491(SC); [2007]292ITR444(SC); JT2007(9)SC65; 2007(3)KLT624(SC); 2007(9)SCALE100; (2007)6SCC429

..... the respondent assessee falls short of either manufacturing or production, therefore, because of the language of section 35(1)(b) of the income tax act, the respondent assessee cannot be extended the benefit which has been extended to the assessees in nilgiri's and chow gules cases.61. ..... in order to properly comprehend the controversy involved in this case, it would be proper to reproduce section 35b(1a)&(2) as introduced by the finance act, 1978:(1a) notwithstanding anything contained in sub-section (1), no deduction under this section shall be allowed in relation to any expenditure incurred after the 31st day of march, 1978, unless the following ..... operations could be said to be goods purchased for use 'in the manufacture or processing of goods for sale or in mining' so as to attract the lower rate of sales tax under section 8(1)(b) of the central sales tax act, 1956. ..... therefore, the respondent assessee is not entitled to the weighted deduction under section 35b(1a) of the act because under the said section, the benefit has been confined to the exporters engaged in the export of goods manufactured or produced in any small ..... the respondent assessee who is engaged in purchase of different qualities of tea and blending the same for the purpose of export is entitled to weighted deduction under section 35b (1a) of the income tax act, 1961 (hereinafter referred to as 'the act') in respect of expenditure incurred for its export for the assessment year 1979-80.3. ..... of maharashtra v. .....

Universal Music India Ltd. and anr. Vs. Union of India (Uoi)

Court : Delhi

Reported in : [2008]87SCL51(Delhi)

..... it is noteworthy that at the relevant point of time when the aforestated judgments came to be pronounced, the statute contained section 10a to section 10d in the companies act, 1956 wherein further powers and functions of the government were envisaged.so far as the present case is concerned, the amendment to the statute has made no material difference to the state of ..... open to the effected party to come to court and challenge the subjective decision by invoking the rule enunciated in the barium chemicals limited case (supra); (ii) sub-section 5 of section 399 of the companies act empowers the central government before authorising any member or members as contemplated by sub section 4 to require the applicant or applicants to give security for the payment of any costs which the court dealing with the ..... having regard to the statutory scheme, more specifically, the provisions of section 397, 398 and 399 of the companies act, 1956 coupled with the specific provisions of rule 13 noticed hereinabove, it is thereforee noteworthy that diverse functions are to be performed by ..... is a lis and prima facie and in the absence of anything in the statute to the contrary it is the duty of the authority to act judicially and the decision of the authority is a quasi-judicial act; and(ii) that if a statutory authority has power to do any act which will prejudicially affect the subject then, although there are not two parties apart from the authority and the contest is between the authority ..... .....

Mohanlal Ganpatram Vs. Shri Sayaji Jubilee Cotton and Jute Mills Co. L ...

Court : Gujarat

Reported in : (1964)0GLR804

..... the meeting, chandrakant bakubhai being a partner of shah manilal mulchand was interested in the resolution but he had not disclosed the nature of his concerned or interest as required by section 299 of the companies act, 1956 ; (2) chandrakant bakubhai was interested in the cancellation of the adat agreement and yet he took part in the discussion on the resolution; and (3) the presence of chandrakant bakubhai could not be counted for ..... the question whether a particular resolution passed by the board of directors was illegal, invalid or not binding on the company on the ground of violation of any of the provisions of the companies act, 1956, but the only question was whether the action of the directors or controlling shareholders, whether wrongful or not, amounted to oppression of the minority shareholders or was prejudicial to the interests of the ..... the second preliminary objection which was urged in the alternative was that even if the power of the court under sections 397 and 398 of the companies act, 1956, extended to making an order setting aside a transfer already made by a company in favour of a third party, such power could not be exercised in the present case, since bharat kala ..... that there was no ad interim order restraining the sub-registrar of assurances from registering the deed of sale, it was stated by the advocate-general of the state of maharashtra appearing on behalf of the sub-registrar of assurances that the deed of sale would be registered by him forthwith. .....

Dhanasekaran Vs. Manoranjithammal and Others

Court : Chennai

Reported in : AIR1992Mad214; (1992)IIMLJ116

..... in the above referred to : air1983kant222 it has been held that when the mother manages the family property of the minor son, section 11 of the hindu minority and guardianship act, 1956 is not attracted and that, therefore, she can validly alienate it for family necessity or benefit, without obtaining permission of the court under s. ..... a joint family property of the family of one rajamanickam padayachi, his son, the plaintiff and his wife, the 1st defendant, till his death in 1960, after the coming into force of the hindu succession act of 1956, leaving behind his said widow the 1st defendant and his son, the plaintiff. ..... under the old hindu law the said son would inherit the abovesaid amount standing to the credit of the deceased father as kartha of his own family with his own sons, the hindu succession act, 1956 has modified the rule of succession by virtue of s. ..... sengolatha koundar) of a division bench of this court, wherein we find the following observations : 'section 11 of the hindu minority and guardianship act is relied on for the petitioner to contend that a de facto guardian would not be entitled to dispose of or deal with the property of hindu minor. ..... 8 of the hindu minority and guardianship act, 1956 since admittedly the plaintiff's mother did not obtain the previous permission from the court as contemplated in the said section, and consequently whether the plaintiff could avoid the said sale with reference to ..... in this connection he cited state of maharashtra v. .....

ifci Ltd. Vs. Tfci Ltd.

Court : Delhi

..... due notice to the party concerned and provided further that no such agreement shall be modified except after obtaining the consent of me party concerned; (f) the setting aside of any transfer, delivery of goods, payment, execution or other act relating to property made or done by or against the company within three months before the date of the application under section 397 or 398, which would, if made or done by or against an individual, be deemed in his insolvency to be ..... by prefixing the word shall before each of three different commands section 169(2) mandatorily requires three conditions to be satisfied to make a requisition under section 169(1) of the act valid:- (a) the requisition shall set out the matters for the consideration for which the meeting is to be called; (b) the requisition shall be signed by the requisitionist; and (c) the requisition shall be deposited at the ..... the case xxxx xxxx xxxx xxxx v) the petitioner humbly submits that after being intimated the decision of the board of respondent company not to convene eogm, it has in exercise of its right u/s 169(6) of companies act, 1956 initiated the process to convene the eogm .. 38. ..... under section 41(2) of maharashtra municipal councils, nagar panchayats and industrial townships act, 1965, a councillor in order to resign has to sign the resignation letter in the presence of the collector, whereas the councillor in the above said case presented an already signed copy to the collector and initialed ..... of maharashtra & .....

Yawalkar Pesticides Pvt .Ltd. Vs. Nagpur Municipal Corporation and anr ...

Court : Mumbai Nagpur

..... it is also urged on behalf of the petitioner that, due to internal arrangement between the industries department of the state of maharashtra and the nagpur municipal corporation, the corporation was treating the entire uppalwadi industrial estate to be beyond the municipal octroi limits and therefore, was not charging any octroi duty on the goods being ..... 9 (2) when such a resolution has been passed the corporation shall publish in accordance with the rules made under this act, a notice, defining the class of persons or description of property proposed to be taxed, tile amount or rate of the tax to be imposed, and the system of assessment to be adopted ..... the government of maharashtra have framed the octroi rules for the assessment, collection and refund of the cess (octroi duty) imposed under section 114 (1) clause (e) of the city of nagpur corporation act which made it obligatory for the corporation to establish octroi nakas, this is to facilitate record in respect of entry of the goods inside and exit of the goods from the city limits with suitable number of the staff at ..... learned advocate for the respondent/corporation submitted that under section 387 of the act an aggrieved person has an opportunity to seek redress by appealing to any corporation officer duly appointed to hear such appeals or by moving before the municipal commissioner ..... the case urged on behalf of the petitioner is that the petitioner is a private limited company duly incorporated under the companies act, 1956. .....

Laxmibai (Dead) Thr. Lrs. and anr. Vs. Bhagwantbuva (Dead) Thr. Lrs. a ...

Court : Supreme Court of India

..... given his son in adoption, appears in the witness box and proves the validity of the said document, the court ought to have accepted the same, taking into consideration the presumption under section 16 of the act 1956, and visualising the true purport of the document, without going into such technicalities. ..... recent date, the court may hold the custom proved so as to bind the parties to the suit and those claiming through and under them.all that is necessary to prove is that the usage has been acted upon in practice for such a long period and with such invariability as to show that it has, by common consent, been submitted to as the established governing rule of a particular locality. ..... therefore, there is a presumption under section 16 of the act 1956, to the effect that the aforementioned adoption has been made in compliance with the provisions of the act, 1956 until and unless such presumption is disproved. ..... , require strict proof and the defendants/respondents have failed to prove the same.section 10 of the act 1956, provides that a child upto the age of 15 years can be taken in adoption. ..... since the aforesaid custom and aforesaid adoption was also recorded in a registered deed of adoption, the court has to presume that the adoption has been made in compliance with the provisions of the act, since the respondent has utterly failed to challenge the said evidence and also to disprove the aforesaid adoption. ..... state of maharashtra air 2007 sc (supp) 100; kunju @ balachandran v. .....

Dahiben Umedbhai Patel and Others Vs. Norman James Hamilton and Others

Court : Mumbai

Reported in : (1983)85BOMLR275; [1985]57CompCas700(Bom)

..... rule 19(2) of the rules provides that apart from complying with such other terms and conditions as may be laid down by a recognised stock exchange, an applicant, that is, a public company, as defined under the companies act, 1956, which is desirous of getting its securities listed on a recognised stock exchange and which has applied for that purpose to the stock exchange has to satisfy the stock exchange that at least 60% of each class or kind of ..... but it is enough to state that these provisions will not be of any assistance to the appellants because they again deal with securities as defined under the act and if the definition of 'securities' itself requires marketability as one of the essential conditions which, as we have pointed out, shares of a private company do not possess, the appellants cannot succeed in their contention that the contract in ..... which we have taken, it is not possible for us to find any error in the view which the learned judge has taken that the present contract is not governed by the provisions of the securities contracts (regulation) act, 1956, and is, therefore, not illegal. ..... 3 of the companies act, 1956, speaks of the restrictions for which the articles of the private company must ..... on which the claim of the plaintiffs was contested was that the contract for the purchase of shares was illegal and could not be enforced having regard to the provisions of the securities contract (regulation) act, 1956 (hereinafter referred to as 'the regulation act').5. .....

Gleitlager (India) Private Ltd. Vs. Killick Nixon Ltd.

Court : Mumbai

Reported in : (1976)78BOMLR634; [1977]47CompCas79(Bom)

..... net amount recovered towards commission in respect of recoveries in contested matters; (b) liquidator would receive such percentage of commission for uncontested matters as the company judge might permit; (c) the attorneys of the state bank of india would act for the liquidator in respect of the said work of recovery and their costs, charges and expenses would be borne, and paid by, the state bank of india; (d) that the amount of 10% offered to be paid ..... upon a true construction of the arrangement made between the liquidator and the state bank of india the liquidator is entitled to 10% of the net recoveries of book debts not by reason of the fact that the liquidator is acting as the agent of the state bank of india in the matter of the recovery but by reason of the fact that the company, as owner of the book debts, was entitled to recover the book debts and that ..... order the official liquidator was appointed the liquidator of the company (hereinafter referred to as 'the liquidator') with all powers under section 457 of the companies act, 1956, and on terms and conditions mentioned in the said order. ..... entrust the work of recovery of book debts to the official liquidator, particularly for the reasons that the official liquidator would get the advantage of extended limitation under section 458a of the companies act, 1956 (sic). ..... -up petition to this court, inter alia, for an order that the company be wound up by the under its directions under the provisions of the companies act, 1956. .....

Killick Nixon Limited and Others Vs. Bank of India and Others

Court : Mumbai

Reported in : 1983(2)BomCR631; [1985]57CompCas831(Bom)

..... 397 and 398 of the companies act, 1956, inasmuch as they had sold their shares and, as such, they did not have the necessary 'interest' to maintain the petition ..... 397 and 398 of the companies act, 1956, against killick nixon ltd. ..... it was submitted before us that the transferor can only be compelled by the transferee to perform those acts and duties which are attached to the holding of shares; for example, the transferee can compel the transferor to hand over to him dividends received in respect of such ..... only way in which a transferee can redress his grievance against the company is by acting through the transferor who holds the shares for the benefit to the transferee. ..... an agent may be appointed for the purpose of executing and deed or doing any other act on behalf of the principal, which the principal might himself execute, make or do; except for the purpose of executing a right, privilege or power conferred, or performing a duty imposed, on the principal personally, the exercise or performance of which requires discretion or skill, or for the purpose of doing an act which the principal is required, by or pursuant to any statute, to do in person ..... speaking, however, all the rights which are given to a member under the companies act are rights given to him in his capacity an a shareholder of the company. ..... consent must be given after applying the mind to the act for which consent is required and it has been so held by our high court also in the case walchandnagar industries ltd. .....