Court : Andhra Pradesh
Reported in : [1990]68CompCas201(AP)
..... scheme is under implementation or where an appeal under section 25 relating to an industrial company pending, then, notwithstanding anything contained in the companies act, 1956 or any other law or the memorandum and articles of association of the industrial company or any other instruments having effect under the said act or other law, no proceedings for the winding up of the industrial company or for the execution, distress or the like against any of ..... ), it has been brought to the notice of the court that a reference under chapter iii of the sick industrial companies (special provisions) act, 1985 (hereinafter referred to as 'the act'), has been registered in respect of each of the respondent companies under section 16(1) of the act by the board for industrial and financial reconstruction ('the bifr', in short), and the matters were adjourned on more than one occasions awaiting further ..... arise for consideration are : (a) whether the mere proof of a reference being registered by the bifr under section 16(1) of the act attracts the provisions of section 22 (b) if section 22 is held applicable, its effect on these company petitions the act has received the assent of the president on january 8, 1986, and some of its provisions were enforced from january 12, 1987 ..... or an official liquidator has been appointed in any proceeding pending immediately before the commencement of this act, in any high court for winding up of an industrial company, such proceeding shall not abate ..... maharashtra .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(2)ALD78
..... it is now trite that even assuming that prosecution has been launched illegally, the remedy of the official liquidator would be either to file an application under section 633 of the companies act and or to file an application before the concerned high court to which the court of magistrate is subordinate either under article 226 or 227 of the constitution of india or under section 482 or 397 of ..... 'other legal proceedings' occurring in section 446(1) of the companies act, 1956 does include the criminal proceedings is the question involved in these applications ..... we hold that the company court has no jurisdiction to transfer a criminal case from one state to another and the expression 'other legal proceedings' occurring in section 446(1) of the companies act, 1956 does not embrace within its fold a criminal prosecution. ..... section 450 of the companies act, 1956 (for short 'the act') deals with appointment and ..... it has clearly been held that a prosecution does not come within the purview of section 446 of the companies act inter alia on the ground that the said provision has been enacted for the purpose of saving the assets of the company and having regard to the provisions contained in sections ..... in gurudevdatta vksss maryadit v state of maharashtra, : [2001]2scr654 , it has been held:'further we wish to clarify that it is a cardinal principle of interpretation of statute that the words of a statute must be understood in their natural, ordinary or popular sense and construed according .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP400; 1964CriLJ264
..... is not unguided and undefined; that the words 'in the interest of general public' appearing in sub-section (3) of the section are intended to have application in the circumstances similar to those created by sections 7, 8 and 18 of the act and it is only when it is found that a prostitute is carrying on her trade in such a place and in such a manner as to affect the morals of young and unwary who have frequently to use the locality where she ..... ii section 2, extraordinary, page 759 and also the report of the select committee published in the gazette of india, dated 21-11-1956, part ii-section 2, extra-ordinary, page 885/3, also give an idea of the reasons which led to the passing of this enactment,a perusal of the various sections of the act would show that apart from suppression of immoral traffic in women and girls, they have for their objectc prevention of prostitution from ..... view, the learned judge relied on the case : 1952crilj1147 (supra) which was a case under section 27 (1) of the city of bombay police act, wherein the supreme court repelled the plea that that provision is hit by article 14 of the constitution of india. ..... that he was not giving any final opinion onthis point, because he did not hear the other side and that it was only proper that before a provision of a central act is held unconstitutional notice must go not only to the respondents but also to the attorney general of india. ..... state of maharashtra, : 1961crilj16 , where the constitutionality of section .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(4)ALD289; 2003(3)ALT456
..... of professor, it is mentioned that all teachers in clinical and non-clinical subjects must possess mbbs degree or equivalent qualification as entered in the schedule to the indian medical council act, 1956 (for brevity'the central act'), in addition to possessing pg qualification like md/ms/dse etc.11. ..... indian medical council act, 1956 (for short 'mc act') is an act referable to entry 66 of list i of schedule vii to the ..... taken care of this in so many words as laid down in section 19 of the act that a public servant with a specific grievance can only come to the tribunal. ..... state of maharashtra, : [1990]2scr900 , the constitution bench of the supreme court reviewed the case law on the question of seniority, and laid down the following principles:(a) once an incumbent is appointed to a post according to rule, his seniority ..... in exercise of the powers conferred by section 33 of the said act, the medical council of india with the previous sanction of the central government made 'minimum qualifications for teachers in medical institutions regulations, 1988 (for short 'the ..... in view of the changed circumstances, whereunder the government acted upon the impugned judgment of the tribunal and issued ..... administrative tribunals act, 1985 ('the act' for brevity) is maintainable before the tribunal unless there ..... advocate-general and other counsel appearing for the contesting respondents submitted that the writ petition is not maintainable as the government has already acted upon and issued g.o. ms. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2002]125STC48(AP)
..... writ of mandamus or any other appropriate writ or order or direction declaring the explanation to the definitionof the 'person' and as well as 'explanation 1 to the i schedule to the andhra pradesh tax on professions, trades, callings and employment act, 1987 as amended in 1996 as unreasonable and unconstitutional and ultra vires the article 276(2) of the constitution of india and hence unconstitutional accordingly strike them down and further declare that the petitioner is liable to pay ..... writ of mandamus or any other appropriate writ or order or direction declaring the explanation to the definition of the 'person' and as well as'explanation-i' to the i schedule to the andhra pradesh tax on professions, trades, callings and employment act, 1987 as amended in 1996 as unreasonable and unconstitutional and ultra vires the article 276(2) of the constitution of india and accordingly strike them down and further declare that the petitioner is liable to pay profession tax ..... enactment of the said act, profession tax was being levied in the state of andhra pradesh as per the provisions of the hyderabad municipal corporation act (act no.ii of 1956), the andhra pradesh municipalities act, 1965( act no.6 of 1965) and the andhra pradesh gram panchayatsact, 1964 (act no.2 of 1964) ..... state of maharashtra 0044/1966 : [1966]3scr744 , has opined that the court should not cover grounds or make observations, on points not directly involved in the proceeding, thereby meaning that unless a point arises .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(6)ALD188
..... for the respondent-university, on the other hand, contended that the medical council of india has framed 'regulations on graduate medical education, 1997', in exercise of the powers conferred under sections 19 and 33 of indian medical council act, 1956 and in terms of regulation 7(1), the petitioners have not fulfilled the prescribed eligibilities to appear for the first year mbbs examination scheduled to be held in the month of october, 2002. ..... the medical council of india in exercise of powers conferred under sections 19 and 33 of the indian medical council act, 1956 has framed 'regulations on graduate medical education, 1997' for short 'the regulations. ..... article 14 mandates that the authority entrusted with the discretionary power under the statute should not act in a discriminatory or arbitrary manner and could not treat equals differently and it should follow the policy or the principle laid down in the statute to regulate its discretion. .....
Tag this Judgment!Court : Allahabad
Reported in : [1999]97CompCas683(All)
..... 2 to 12 continued the business but they having not settled or rendered accounts the company was liable to be wound up under clause (a) of subsection (4) of section 583 of the companies act, 1956 which provides that the court can pass order for winding up if the company is dissolved or has ceased to carry on business and is carrying on business only for the purpose of winding up, the court held that the ..... 1078,10 against the respondent company was barred by time on the ground that the word 'claim' in clause (b) of section 446(2) of the act means a claim enforceable in law and unlessthe claim is legally enforceable it cannot be entertained by or against the company under the said provision. ..... and company, (1979) 49 comp cases 77, the full bench of the delhi high court held that an application filed under section 446(a)(b) of the act read with section 543 of the companies act, 1956 for recovery of rs. ..... is an application to recall the order dated 13.1.1997 whereby this court allowed the application filed by uco bank under section 446(1) of the companies act (in short the act) against m/s aurangabad engineering company limited (in liquidation) granting permission to the applicant bank to proceed with suit no. ..... while the suit was pending, maharashtra steel limited company filed petition no ..... 1982sc 818, held that the word'proceeding' under section 22 of thespecific relief act includes executionproceeding relying upon the definitionin the shorter oxford dictionary ofthe word 'proceeding'. .....
Tag this Judgment!Court : Allahabad
Reported in : [2003]47SCL126(All)
..... were removed to mohali and were brought back to ghaziabad after their recovery in the custody of high court under section 456(2) of the companies act, 1956, and that the high court had directed official liquidator to take possession of these properties after making inventories in presence of observer appointed by the court ..... in pooran mal's case (supra), thus cannot be understood to have laid down that an illicit article seized during a search from a person, on prior information, conducted in violation of the provisions of section 50 of the act, can by itself be used as evidence on unlawful possession of the illicit article on the person from whom the contraband has been seized during the illegal search, and thus it was held, that all mustaffa abdul ..... of winding up order, the official liquidator, who was appointed liquidator under section 449 of the companies act, 1956, deputed officers for taking over possession of the assets of the company on which he was informed that the entire factory and its assets had been taken into possession by picup by invoking section 29 of the state financial corporation act, just five days prior to the winding up order and the possession was with them. ..... court find that the company was wound up by order of this court dated 23-11-1998 and thus under section 456(2) of companies act, 1956, the assets of the company came to be in the custody of the court i.e. ..... state of maharashtra : 1978crilj165 in which the expression 'interlocutory order' in section 397 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP152
..... and under the municipal corporation act, 1956 (hereinafter referred to as 'act' for short). ..... therefore, the finding of learned trial court in para 27 of the impugned judgment that the complained act of appellant was not performed in his capacity as public servant or in the discharge of his duty as such, is obviously grossly erroneous and the same cannot be upheld. ..... the king, air 1949 pc 117, the above view was reiterated and it was observed :'a public servant can only be said to act or purport to act in the discharge of his official duty, if the act is such as to lie within the scope of his official duty. ..... it would appear that the grievance of the plaintiff was that the appellant acted without authority in demolishing the hotel and his grievance also was that proper notice was not served on him, by the municipal corporation, before demolition of his hotel. ..... from the above evidence as well as other material on record, it is abundantly clear that the appellant is alleged to have acted in the capacity as administrator of municipal corporation, sagar and not in his personal capacity. ..... it has also been urged that the plaintiff having acted in his personal capacity and as his act was illegal and without authority, the appellant was liable to pay damages, as has been rightly awarded, by the learned trial court.13. ..... in state of maharashtra v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC1504; [1969]39CompCas395(SC); [1969]73ITR44(SC); [1968]3SCR481
..... to base his judgment as a whole or in part or his conclusion upon either halsbury's laws of england or bean and lockwood's book on rating valuation practice' on the ground that these books were irrelevant under the indian evidence act, the learned judge of the high court held that 'capital value' might possibly bear four different meanings but the meaning given to the expression in halsbury's laws of england was 'not appropriate in the context ..... the learned counsel for the respondent contended that here there were reliable data in that the balance sheet of the company showing the value of these properties for the purpose of the companies act and there was no reason why the same figures should not be adopted as the capital value of the lands and buildings within the jurisdiction of godhara municipality. ..... this clearly is fallacious as under section 211 of the companies act, 1956 the balance sheet of a company has to be drawn up in the form prescribed by schedule vi. ..... the explanation is deemed always to have been substituted for the original by the maharashtra act no. ..... 73(1) of the bombay municipal boroughs act, 1925 (hereinafter referred to as the 'act') : 'subject to any general or special orders which the state government may make in this behalf and to the provisions of sections 75 and 76, a municipality may impose for the purposes of this act any of the following taxes, namely - (i) a rate on buildings or lands or both situate within the municipal borough.' . . . . . . . . .'4. .....
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