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Verico Technologies Private Limited Vs. ..

Court : Delhi

..... h march, 2015 in the matter of the companies act, 1956 & the companies act, 2013 (to the extent applicable): and petition under section 100(1) of the companies act, 1956 read with rules 46 & 47 of the companies (court) rules, 1959 and verico technologies private limited ..... the form of minutes proposed to be registered under section 103(1)(b) of the act and annexed with the petition as annexure g is reproduced as under: the paid-up equity share capital of verico technologies private limited is henceforth rs.60,00,000/- comprising of 6,00,000 equity shares of rs.10/- each reduced from rs.6,00,00,000/comprising of rs.60,00,000 ..... the petitioner company was incorporated under the companies act, 2013 on 5th september, 2014 with the registrar of companies, nct of delhi & haryana at new ..... this petition under section 100(1) of the companies act, 1956 read with rules 46 and 47 of the companies (court) rules, 1959 has been filed by verico technologies private limited (hereinafter referred to as the 'petitioner company') for confirming the reduction of its paid-up share ..... petitioner company has not commenced its business operations and it does not have any creditor or stakeholders, therefore, the requirement to follow the procedure laid down under section 101(2) of the companies act, 1956 is dispensed with.13. ..... pleaded that the petitioner company is authorized by virtue of article 4(a) of its articles of association to reduce its share capital, as per the provisions of the companies act, 1956.8. .....

Ad2c Holdings Private Limited vs.affle (India) Private Limited

Court : Delhi

..... the present petition has been filed jointly, under sections 391, 392 and 394 of the companies act, 1956 (hereinafter referred to as the act ) by ad2c holdings private limited (hereinafter referred as transferor company no.1/petitioner no.1 ) and appstudioz technologies private limited (hereinafter referred as transferor company no.2/petitioner no.2 ) seeking sanction to the scheme of amalgamation (hereinafter referred to as proposed scheme ) of the transferor ..... petitioners undertakes to comply with the relevant provisions of the companies act, 2013 for alteration in objects clause of its memorandum of association.24 ..... however it has been stated therein, in paragraph 11, that the transferee company may be advised to comply with the relevant provisions of the companies act, 2013 for alteration in objects clause of its memorandum of association. ..... it has been submitted that no proceedings under sections 235 to 251 of the act (or under the corresponding provisions of the companies act, 2013) are pending against any of the... ..... transferor company no.1/petitioner no.1 was originally incorporated under the act on 18.11.2009, under the name of av mobimasta marketing private limited with the registrar of companies, n.c.t ..... transferee company was incorporated under the act on 18.08.1994 with the registrar of companies, maharashtra under the name of tejus securities private ..... transferor company no.2/petitioner no.2 was incorporated under the act on 13.06.2011 with the registrar of companies, .....

Gillanders Arbuthnot and Co. Ltd. and ors. Vs. Union of India and ors.

Court : Delhi

Reported in : ILR1983Delhi42

..... are a private company, any director of such company, is (a) the managing agent, secretaries and treasurers, managing director or manager of the other body; or (b) a partner in the firm acting as managing agent or secretaries and treasurers of the other body; or (c) a direct of the private company acting as managing agent or secretaries and treasurers of the other body; or (ii) if a majority of the directors of the one body constitute, or at any time within the six months immediately ..... company it sent a reply by its letter dated 7th february, 1980, which was alleged to have been written under duress and coercion, to the effect that the provisions of the said act were not attracted but as a matter of expedience, and without conceding, the petitioner-company had been advised to apply for registration under protest and without prejudice to its contentions. ..... belonging to a group, or by the same bodies corporate belonging to group, or jointly by such individual or individuals and one or more or such bodies corporate, or (ix) if the directors of the one such body corporate are accustomed to act in accordance with the directions or instructions of one or more of the directors of the other, or if the directors of both the bodies corporate are accustomed ..... the respondents has not been able to show to us under which of the clauses of sub-section (ib) of section 370 of the companies act can the subsidiary companies and the holding company be regarded as being under the same management. .....

Kiran Engg. (P) Ltd. Vs. Dy. Cit

Court : Delhi

Reported in : (2004)91TTJ(Del)40

..... the facts of this case and the decisions of the tribunal, we hold that the assessing officer has wrongly assumed jurisdiction under section 158bd of the act as before the issue of notice under section 158bd of the act, he has not recorded his satisfaction holding that the undisclosed income on the basis of seized documents belonged to the appellant. ..... as the assumption of jurisdiction under section 159bd of the act is illegal, the order passed in consequence to such notice is, ..... confirmed that no search and seizure operation under section 132(l) of the act has taken place at the premises of the assessed. ..... consequently, a survey operation under section 133a of the act was also done at the plant and registered office of the assessed- company at b-145, ..... and seizure operation under section 132 of the act took place at the premises of m/s dd ..... proceedings under section 158bd of the act were initiated by issue of notice ..... directed by the assessed against the order of the assessing officer under section 158bd of the act pertaining to block period 1-4-1986 to 29-8-1996.2. ..... officer's assumption of jurisdiction under section 158bd of the act, the learned counsel stated that it was mandatory for the assessing officer to record his satisfaction before issue of notice under section 158bd of the act. ..... assessed as to whether any enquiry/investigation was made by the assessing officer between the date of search and seizure operation and the date of issue of notice under section 158bd of the act. .....

Dharmapal Verma Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2003(66)DRJ15; 2003(86)ECC203

..... was not supplied to the petitioner thus his valuable right of making effective representation has been violated.para-7 of the ground of detention:'on the basis of information given by dharampal in his voluntary statement under section 67 of ndps act dated 01.05.2001, a fax was sent to deputy narcotics commissioner cbn neemuch on 01.05.2001 for taking follow up action against gopal r/o village balagoda near pipliya-mandir, mandsaur along with telephone number as disclosed by dharampal.10. ..... sunil mehta, advocate appearing for the petitioner contended that the alleged statement made by the petitioner under section 67 of the ndps act cannot be relied upon because at the first available opportunity he retracted the same. ..... she made a statement on 30th april, 2001 under section 67 of the pit ndps act wherein she stated that dharampal, the present petitioner and his wife premvati had supplied two half-half ..... since he had retracted his statement under section 67 of the pit ndps act, it cannot be said the possibility of his being released were remote ..... statement of the petitioner under section 67 of the pit ndps act was recorded on 1st may, 2001 wherein he admitted his involvement in narcotic drugs business since ..... of the record produced by the respondent show that in his statement under section 67 of the ndps act mention of telephone number of gopal does not figure. ..... mehta contended that as the petitioner was arrested under pit ndps act, thereforee, there was no likelihood of his getting bail. .....

Lachmi NaraIn Vs. Union of India

Court : Delhi

Reported in : ILR1971Delhi107; [1971]28STC21(Delhi)

..... filed these writ petitions challenging the validity of the withdrawal of the exemption of durries and ghee from payment of sales tax on the following grounds, namely, (1) the power given by section 2 of the union territories (law's) act 1950 to the central government to extend enactments in force, in a state to a union territory with such restrictions and modifications as it thinks fit could be exercised by the government only to make such modifications in the enactment ..... have arisen in the present case the government was not competent to exercise the power to modify the bengal finance (sales tax) act 1941 after the interval of so many years after the said act was extended to delhi in 1951, (3) it is established by the decisions in the delhi laws act, rajnarain singh and arnold rodricks and another cases, referred to above, as also by several other decisions of the supreme court culminating ..... further add that the central government can also invoke in a suitable case the provisions of section 14 of the said act which is as follows:- '(1)where, by any central act or regulation made after the commencement of this act, any power is conferred, then unless a different intention appears that power may be exercised from time to time ..... if it is assumed for the sake of argument that the 'government could make some modifications in the bengal finance (sales tax) act 1941 which is not concerned with its application to a union territory even then such a modification has to' he of a minor .....

State Vs. Sanjay Dass (Convict)

Court : Delhi

Reported in : 164(2009)DLT596

..... the testimony of the victim in such cases is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable. ..... rehabilitation, reformation and re- adaptation in the society; whether the offence was committed under a belief by the assailant that he was morally justified in doing so; or that the accused acted under the duress or domination of another person as held in the decision reported as : 1982 (3) scc 24 bachan singh v. ..... the rationale in making certain statement or fact admissible under section 6 of the evidence act is on account of the spontaneity and immediacy of such statement or fact in relation to the fact in issue. ..... state of tamil nadu; a belief by the offender that the murder was an act of mercy as held in the decision reported as : 1994 (supply) 3 scc 143 janki dass v ..... it is possible that the accused washed his face and hands after committing the crime and referred his act of washing his face and hands as taking a bath in his disclosure statement. ..... the first clause says that culpable homicide is murder if the act by which the death is caused is done with the intention of causing death ..... state decided on 18.09.2009:the principle of law embodied in section 6 of the evidence act is usually known as the rule of res gestae recognized in english law. .....

Rajesh Sharma Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 159(2009)DLT559

..... sub-clauses (i) to (iii); or(v) handling or letting any premises for the carrying on of any of the activities referred to in sub-clauses (i) to (iv),other than those permitted under the narcotic drugs and psychotropic substances act, 1985 (61 of 1985), or any rule or other made, or any condition of any licence, term or authoriasation issued, thereunder and includes - (1) financing, directly or indirectly, any of the aforementioned activities;(2) abetting or ..... india, export from india or tranship any narcotic drug or psychotropic substance,except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this act or the rules or orders made thereunder and in a case where any such provision, imposes any requirement by way of licence, permit or authorisation also in accordance with the terms and ..... the decision of the supreme court in the case of rajesh kumar gupta (supra) to contend that mere mention of the substances in the schedule to the ndps act would not be sufficient and, to make the activity of import and export of the said psychotropic substances illegal, it would be necessary that the said substances also find ..... mr malhotra on the provisions of rule 58 of the ndps rules to submit that since this rule only mentions psychotropic substances specified in the schedule to the act, no psychotropic substance, whether mentioned in schedule-i to the ndps rules or not, could be exported out of india without an export authorisation in respect of .....

Aya Singh Tirlok Singh Vs. Munshi Ram Amta Ram

Court : Delhi

Reported in : AIR1968Delhi249; 4(1968)DLT310

..... applicant there was held entitle to the refund of court - fee paid by him under an erroneous order of the court and it was observed that even in cases nto covered by section 13, 14 and 15 of the court - fee act, the court -fees can, under section 151, civil procedure code, order refund of court - fee paid in excess either by mistake, inadvertence or under some wrong order of the court. ..... it also added that even if the case did nto fall within section 13, court-fees act, the case had to be remanded for want of proper trial and that the appellant should have the certificate for obtaining refund or court- ..... the rate at which court-fee is to be paid is determined by the court-fees act and it is well recognised that unless the liability to pay court-fees is clearly supportable on the plain statutory language a suitor is nto obliged to pay any court- ..... , also presented an application under section 13 of the court-fees act read with section 151, code of civil procedure, praying for a refund certificate in regard to the court-fee paid in excess on the ground that the excess court-fee on the memorandum of appeal was affixed under ..... it is true that the court-fees act has made certain provisions for refund and it may be argued that the legislative intent should be held to exclude refund in toher cases, but the formidable array of authorities upholding the inherent power of the court ..... : air1957all734 , in support it is only the provisions of the court- fees act which justify an order of refund. .....

In Re: Siel Ltd.

Court : Delhi

Reported in : [2008]144CompCas469(Delhi); [2009]89SCL434(Delhi)

..... provisions only and shall not be deemed to confer any right on any member of the transferor company and/or the transferee company to demand or claim any dividends which, subject to the provisions of the said act, shall be entirely at the discretion of the respective board of directors of the transferor company and the transferee company respectively, and subject to the approval of the shareholders of the transferor company and the ..... to the scheme by the shareholders and the creditors of the transferee company shall be deemed to be their consent under the provisions of section 100 and all other applicable provisions of the act to such reduction of capital of the transferee company and the transferee company shall not be required to convene any separate meeting for that purpose. ..... allotment of the shares under the provisions of this scheme to the non-resident shareholders will be made subject to applicable regulations of the reserve bank of india under the foreign exchange management act, 1999 and on such terms as the reserve bank of india may impose.5.7 the transferee company holds 50,000 (fifty thousand only) equity shares of rs. ..... to the scheme by the shareholders and the creditors of the transferee company shall be deemed to be their consent under the provisions of section 100 and all other applicable provisions of the act to such reduction of capital of the transferee company and the transferee company shall not be required to convene any separate meeting for that purpose. .....