Judgment Search Results Home > Cases Phrase: payment of bonus act 1965 section 20 application of act to establishments in public sector in certain cases Page 34 of about 338 results (0.131 seconds)

Rajkumar Devraj and Rajkumari Vs. Jai Mahal Hotels (Private)

Court : Company Law Board CLB

Reported in : (2006)134CompCas405

..... whether a petition filed by the children of a deceased shareholder, who have applied for grant of succession certificate in their favour, which application is reportedly under challenge, deserved to be dismissed at the preliminary stage on the ground that they do not satisfy the requirements of section 399 of the companies act to file a petition under sections 397/398, is the issue for consideration in this order.2. ..... , in the pleadings, the petitioners have established that they are qualified in terms of section 399 of the act to file this petition. ..... the petition was mentioned on 27.4.2006, and interim reliefs sought, the respondents filed an application ca 133 of 2006 challenging the maintainability of the petition in terms of section 399 on various grounds and sought for dismissal of the petition. ..... in terms of section 399, one has to establish undisputed title to the shares, which in the present case, the petitioners cannot establish. ..... examining various authorities, the supreme court held "it appears to us that to hold that the legal representatives of a deceased shareholder could not be given the same right of a member under sections 397/398 of the act would be taking a hyper technical view which does not advance the cause of equity or justice. ..... the learned counsel for the petitioners relevantly cited certain decisions to the effect that the maintainability of the petition in terms of section 399 has to be examined with reference to the facts that stood on the date of filing the .....

Jyothi Junior College, Vijayawada Vs. State of Andhra Pradesh and Othe ...

Court : Andhra Pradesh

Reported in : 2000(2)ALD89; 2000(2)ALT23

..... 24082 of 1999 are disposed of setting aside the order of the regional joint director of higher education, rajahmundry in proceedings no.61/b2/97, dated 1-11-1999 with a further direction to all the competent authorities to consider the case of the part-time lecturers in these colleges for absorption/regularisation in accordance with the rules/administrative instructions, if they are eligible, suitable and qualified to hold the same duly following the rule of reservation ..... have submitted that all the petitioners have been working in junior colleges as part-time lecturers for a period of about two to five years and at that point of time especially when their cases are being considered for regularisation, if the orders of the regional joint director are implemented replacing them with the lecturers of jyothi junior college, their entire service as part-time lecturers will go ..... section 20 of the act deals with permission for establishment of educational institutions and no educational agency is entitled to start any educational institution - elementary, upper primary, intermediate or higher education institutions - unless the competent authority specifically permits such ..... it is further submitted that the lease of the premises by the public works department in favour of the jyothi educational society came to an end the moment the impugned order of the closure of the junior college was passed and, therefore ..... application ..... impugned order is also passed without proper application of mind. .....

Commissioner of Income Tax, U.P.-ii, Lucknow Vs. Bazpur Co-operative S ...

Court : Supreme Court of India

Reported in : AIR1988SC1263; (1988)2CompLJ198(SC); [1988]172ITR321(SC); JT1988(2)SC597; 1988(1)SCALE1016; (1988)3SCC553; [1988]3SCR1034

..... [1963]1scr721 where it was held that the substituted bye-law 52aa of the east india cotton association made by the central government in exercise of the power conferred upon it under section 12 of the forward contracts (regulation) act, 1952 and which, very shortly stated, conferred power on the forward markets commission, after notifying with the chairman of the board of the east india cotton association, to close hedge ..... the bye-law 50 and pursuant to this recommendation, at a general meeting of the respondent held on 30th june, 1965, bye-law 50 was amended to run as follows:there shall be established a loss equalisation and capital redemption reserve fund in the society. ..... in the case before us, however, there is nothing in section 43 of the co-operative societies act, 1912 or rule 11 of the united provinces co-operative societies rules, 1936 to indicate that there is any power, express or by implied, in a co-operative society registered under that act to make bye-laws with retrospective ..... in addition to the price fixed under the government scheme, the assessee took from the wholesalers certain further amounts, described as security deposits without the government's sanction and entirely as a condition imposed by the assessee ..... there must be a liability to return it to the party by whom or on whose behalf is made on the fulfillment of certain conditions. ..... framed certain rules known as united provinces co-operative societies rules, 1936 for registered societies and these rules .....

Commissioner of Wealth Tax Vs. Cosmopolitan Hospitals (P) Ltd.

Court : Kerala

Reported in : (2003)185CTR(Ker)111; [2004]265ITR312(Ker)

..... case of closely-held companies : (1) notwithstanding anything contained in section 13 of the finance act, 1960 (13 of 1960), relating to exemption of companies from levy of wealth-tax under the wt act, 1957 (27 of 1957) (hereinafter referred to as the wt act), wealth-tax shall be charged under the wt act for every assessment year commencing on and from the 1st day of april, 1984, in respect of the net wealth on the corresponding valuation date of every company, not being a company in which the public ..... is given as 'a place for the transaction of business; often including the staff, or denominating their department; applied to the room or department in which the clerical work of an establishment is done; also to that in which the business of any department of a large concern is conducted, as the booking office, enquiry office, etc. ..... if the legislative intention was to exclude all the buildings which are used for the purpose of its business as a productive asset certainly the legislature need not have undertaken the exercise of separately specifying the buildings with reference to the nature of its user used by an assessee which is ..... to such building or part :provided that each such employee is an employee whose income (exclusive of the value of all benefits or amenities not provided for by way of monetary payment) chargeable under the head 'salaries' under the it act does not exceed eighteen thousand rupees'.clause (vi) of sub-section (3) of section 40 of the act, as amended w.e.f. .....

Srinivasagowda S/O. Narasegowda and Vs. Smt. Sannamma W/O. Late Chikka ...

Court : Karnataka

..... the first instance and then to recover the award amount from the owner or driver of the vehicle even where the insurance company could establish breach of terms of policy on the part of the owner of the vehicle.9. ..... section 3 of the act says that no person shall drive motor vehicle in any public place unless he holds an effective driving licence to drive the vehicle ..... as per the ratio laid down in sarala verma case : 2009 acj 1298 multiplier 14 is for the age group of 41 to 45 years; whereas the tribunal has applied multiplier 13 ..... in our view, none of the decisions cited by the learned counsel for the insurer can be applied to the case on hand and they are of no avail. ..... the brief facts of the case leading to the filing of the appeals may be stated as under:on 22.08.1993 at about 10.30 a.m. ..... if that is the case, our answer and finding is that the driver of the scooter who was authorised to drive hmv is deemed to hold valid driving licence to drive scooter ..... in the instant case, the insurer has got examined one putta nanjaiah, the assistant administrative officer of the insurance company as r.w. 1 ..... owner and the driver of the scooter neither filed statement of objections nor entered the witness box to deny the case of the claimants. ..... in support of the case of the owner of the vehicle in question, he has cited the following decisions:i) : ilr 2003 kar 3511 (united india insurance co ..... in support of the case of the claimants, the wife of the deceased chikkaputtegowda got herself examined as .....

Superintendent and Remembrancer of Legal Affairs, Govt. of West Bengal ...

Court : Kolkata

Reported in : AIR1962Cal189

..... urged that under the provisions of the suppression of immoral traffic in women and girls act, 1956, investigation of an offence under the act is not necessarily to be done by a special police officer appointed under the act for dealing with the offences under the act, but that such special police officers alone have the special powers conferred on them by sections 14 and 15 of the act; but that when a case has been started in consequence of any action taken under those ..... was raised on behalf of the accused opposite parties, and the learned magistrate heard the objection, and heard the lawyers of both sides further on the next day, 7-4-59, and came to the conclusion that as the case had been investigated fay the officer-in-charge of taftala police station, who was an officer subordinate to the assistant commissioner of police appointed as special police officer to deal with the offences under the supression of immoral ..... in section 13(1) of the suppression of immoral traffic act, where the special act provides that the state government is to appoint special police officers for dealing with offences under the act and where it is also provided that the special police officer shall not be below a certain rank, it is clear that the words 'dealing with the offences' must necessarily include investigation. ..... this revisional application was filed by the superintendent and remembrancer of legal affairs, west bengal, against the order of shri s. n. .....

Dilip Das Vs. State of West Bengal

Court : Kolkata

Reported in : 2004(4)CHN655

..... apart from the said evidence, which is quite contrary to the stand taken by shri roy, learned senior counsel as we find that the place of occurrence - balak sangha math is a public place the provisions of section 43 of the said act will have application and section 42 of the said act cannot be applicable in the instant case.42. ..... charge being graver to the accused of the circumstances going to constitute the other offence and then and there only it can be said that the latter charge may be called a minor offence to invoke the provision of section 222 of the code of criminal procedure (for short, the said code) and in that event only where the basic structure of the ingredients are common then only from a major charge it can be whittled down ..... from a plain reading of the said section it is manifested that in order to establish the charge of section 27a of the said act which was inserted in the statute book on and from 29.5.89 by act 2 of 1989 it has to be shown that either a person indulges in financing or harbours some one who is engaged in the activities, connected falling within the scope of section 2(viiia)(i) to (v).17. ..... 1 lakh and in default of payment of the same they were directed to suffer further rigorous imprisonment for another three (3) years by the impugned judgment and order dated 28.8.2002.11. .....

Kinetic Engineering Ltd. Vs. Unit Trust of India and ors.

Court : Company Law Board CLB

Reported in : (1995)84CompCas811

..... fund, for reasons elaborated above, we hold that the securities and exchange board of india regulations/government guidelines, relating to mutual funds are not applicable to the unit trust of india and, therefore, the impugned transfers do not fall within the provisions of section 22a(3)(b) of the securities contracts (regulation) act, 1956, and as such we do not confirm the decision of the board of directors to refuse registration of transfers in respect of the shares covered in these ..... the books of account or the affairs of the mutual fund, trustee, an asset management company and the custodian.regulation 66 subjects the mutual fund, the trustee, the asset management company and the custodian to certain penalties in case of default, and under regulation 68, the securities and exchange board of india can cancel the registration of a mutual fund. ..... according to regulation 2(m) of the said regulations, a mutual fund is "a fund established in the form of a trust by a sponsor to raise money by a trustee through the sale of units to the public under one or more schemes for investing in securities in accordance with these regulations ..... view of the growing importance in the capital market, their expanding investor base and the decision to allow mutual funds to be set up in the joint and private sectors, it has become necessary to evolve a comprehensive set of prudential guidelines for the all-round development and regulation of mutual funds and for ensuring investors' protection. .....

Oil and Natural Gas Commission Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1990)35ITD31(Delhi)

..... vide orders under appeal set aside the assessment orders directing the assessing officer to, (i) add the perquisite value of sur-tax; (ii) consider the profits arising from the foreign portion of the work under section 9(1)(i) of the act; (iii) enquire about the mobilisation/demobilisation charges; & (iv) grossing up of income for inclusion of the perquisite value of income-tax and sur-tax should be done in multiple stages as against the single ..... present appeals, the appellants moved an application for the admission of following ground as an additional ground :- that the impugned order passed under section 263 by the learned cit is bad in law, since in the instant case the income accrued or arose, if any, was from the territory then beyond the purview of the income-tax act, 1961. ..... cit( a) in relation to any of these matters has been placed before us and, therefore, it is not established that the cit(appeals) had disposed of the assessee's appeals before the commissioner passed the impugned orders. ..... (ii) the assessing officer had not considered certain payments made by the ongc on account of mobilisation and ..... of government revenue that different departments of the government do not litigate with each other and spend money and energy only to waste public funds by avoidable expenditure in the form of fees to the lawyers and chartered accountants and other incidental expenses. ..... mutual settlement of disputes and for this purpose there is a circular of the bureau of public enterprises no. .....

Rana Sher Singh Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (1993)46ITD95(Asr.)

..... firm, given by the income-tax officer, it is amply clear that the income-tax officer never considered the said order under section 132(5) made by the income-tax officer, district iii(ii), amritsar, in the case of the assessee as well as in the case of the firm, that he never called upon the assessee to explain the reasons for not treating the said amounts as concealed income of the assessee, that the assessee ..... a difference of opinion between the learned accountant member and the learned judicial member, the following reference was made under section 255(4) of the income-tax act, 1961 : "as there is a difference of opinion between us on the point of validity of the order of the commissioner of income-tax under section 263 of the income-tax act, 1961, we refer the case to the president of the appellate tribunal for further action under section 255(4) of the act." 12. ..... raid carried out by the revenue on the assessee's premises on may 18, 1976, certain incriminating documents along with jewellery and cash were found and seized. ..... been represented that similar orders were passed by the commissioner of income-tax in the case of central dry cleaners, amritsar (income-tax application no. ..... section 132 is applicable at the pre-assessment stage and powers of search and seizure are exercised to gather material which may be relevant and useful for purposes of ..... asr) of 1982-shri inderjit singh, income-tax application no. ..... , amritsar, income-tax application no. ..... , amritsar (income-tax application no. .....