Court : Mumbai
Reported in : [2009]149CompCas129(Bom); [2008]82SCL303(Bom)
..... of gas under the psc.39. on 7.11.2006/8.11.2006, a company application no. 1122/06 under section 392 of the companies act, 1956 (the act) has been filed before the bombay high court in which the prayers are as under:(a) order and direct ril to take all necessary steps in ..... a complete code for sanctioning any scheme including of arrangement, demerger, merger and amalgamation.112. the words 'arrangement' and/or 'compromise' are not defined under the companies act. both the words have their different meaning and purpose. in the present case, there is an arrangement between the demerged company and the resulting company. the said arrangement ..... referred therein. the existence of letters/correspondence remained unchallenged.60. after going through all these correspondences one thing is very clear that both the parties in fact acted upon the said family arrangement and/or mou dated 18.6.2005 throughout. these correspondences further confirm that there is an arrangement made and agreed between ril .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)1GLR497
..... provisional assessment was framed. pending final assessment the importer owner was called upon to submit a bond as per provisions contained in section 18 of the customs act, 1962 (the act) read with rules 2 & 3 of the customs (provisional duty assessment) regulations, 1963. on 18/2/1995 the said importer owner submitted the bond ..... qua the transactions subsequent to variance. iv. section 134 provides for discharge of surety by release or discharge of principal debtor. similarly section 135 of the contract act discharges a surety when creditor compounds with, gives time or agrees not to sue, the principal debtor. v. however, the requirement of tri-partite contract ..... .(iv) : 2001crilj2583 ' shobha suresh jumani v. appellate tribunal, forfeited property and anr..in a decision rendered under smugglers and foreign exchange manipulators (forfeiture of property) act, 1976, it was laid down by the apex court in paragraph no. 5 of the judgment as under :5. first we would reiterate that the words 'any .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(57)BLJR711; 2009(4)BomCR348; JT2009(1)SC470; 2009(1)SCALE758; (2009)3SCC571; 2009(1)LC411(SC)
..... court observed:we are fully aware that the issues presented in this case illustrate the classic struggle between those members of the public who would preserve our rivers, forests, parks and open lands in their pristine purity and those charged with administrative responsibilities who, under the pressures of the changing ..... creatures. the children were educated by their parents and grandparents about the necessity of keeping the environment clean and protecting earth, rivers, sea, forests, trees, flora fona and every species of life.the constitution of india, which was enforced on 26th january, 1950 did not contain any provision obligating the ..... regional plan (section 17), declaration of planning areas, their amalgamation, sub-divisions, etc. (section 18), power to withdraw planning area from operation of the act (section 19) and constitution of planning and development authorities for the planning area (section 20). section 22, which enumerates functions and powers of planning and .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR3710; 2005(4)KarLJ481
..... the literal expression of a statute. a statute is always presumed to be constitutional meaning will be inferred to preserve validity. likewise, where a statute tends to extend or preserve a constitutional principle, reference to analogous constitutional provisions may be of great value in shaping the statute to accord ..... entitled to engage in construction activities in the conjuration area. any such constructions are contrary to the provisions of kmc act, karnataka municipalities act, karnataka panchayat raj act, kt and cp act and the cdp. in the absence of control over planned development, there will be haphazard constructions without leaving requisite set ..... violating rule of law, during the pendency of these matters, with highhandedness, has demolished several structures and also uprooted large number of trees, including fruit bearing coconut trees. this action of the bda is highly deprecated;(d) this court placed on record the valuable assistance rendered by the learned counsels .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC355; 2003(51)BLJR158; JT2002(9)SC1; 2003(1)KarLJ1; (2002)8SCC481; (2002)3UPLBEC2817
..... of non-dominant groups, which,while wishing in general for equality of treatment with the minority, wishfor a measure of differential treatment in order to preserve basiccharacteristics which they possess and which distinguish them from themajority of the population. the protection applied equally to individualsbelonging to such groups and wishing the ..... education bill's case continues to hold good even afterthe subject 'education' was transposed into entry 25 list iii of seventhschedule by the 42nd amendment act. if we give different meaning to theexpression 'minority' occurring in article 30 in relation to a centrallegislation, the very purpose for which protection has ..... of population of a state or union territory.170. further a perusal of articles 350a and 350b which were inserted bythe constitution (7th amendment) act 1956 indicates that the status oflinguistic minorities has to be determined as state-wise linguisticminorities/groups. thus the intention of the framers of the constitution .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1981KAR751; [1982]49STC192(Kar)
..... silo pits in forests adjoining cultivation, (j) use of water sources in forest area for cultivation, and (k) hunting of certain wild animals in the forests adjoining cultivation for preservation of crop and cattle; (ii) villagers : (a) wood and bamboos for construction and repairs of houses, (b) leaves and grass for thatching, (c) grazing of cattle ..... it was not merely an agreement to sell but a completed contract of sale in terms of section 4(3) of the sale of goods act. the title to the trees in the concerned coupe and which were the subject-matter of contract stood transferred to the petitioners on their depositing the first instalment of sale price ..... , out of necessity, licence had to be given to the contractors to enter government land and to various kinds of works, preliminary to the cutting and removing trees, as also the doing of various other works ancillary thereto. for instance, contractor is given permission to manufacture charcoal on government land out of the firewood purchased. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR543; (2005)107BOMLR565
..... hence, the legislature had considered it fit to confine its attention to the second option. the object of the act was not to repair all residential premises but to preserve and prolong their life in order to avert the dilemma caused by the acute shortage of residential accommodation on the one hand ..... , the first being the reconstruction of a large section of the city and replacing new buildings in place of the old; while the second was preserving and prolonging the life of existing structures by carrying out structural repairs and alterations. the first option was liable to create legal and economic problems and ..... , and the reluctance or inability of owners to carry out repairs. the levy of a cess for funding such repairs was consequently upheld by the supreme court. 6. the state legislature enacted the maharashtra housing and area development act .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)BomCR705
..... held in mohd. hanif quareshi v. state of bihar : [1959]1scr629 known as qureshi-i and subsequent judgments. in that case, by the bombay animal preservation (gujarat amendment) act, 1994 a total prohibition was imposed on the slaughter of the progeny of the cow. the earlier constitution bench judgments had taken the view that a total ban ..... permit room or beer bar, taking into account the fact, that under the administrative policy it is also required to ensure that the dignity of women is preserved and they are not exploited. this is the value which is prescribed in several international covenants. section 33a and 33b which is the part of police functions independently ..... derogatory to the dignity of women and to prevent exploitation of women, we find that there is no nexus between the classification and the object of the act. the act bans all dancing including the dances which are permitted in the exempted establishments and which are governed by the same rules and conditions of licence. if .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(2)ALD533; 2007(2)ALT410
..... comply with these plans and layouts. in 1955, the present hyderabad municipal corporation act was enacted replacing the hyderabad municipal corporation act, 1950. chapter xi of the 1955 act contains provisions relating to construction, maintenance and improvement of public streets, preservation of regular line in public streets. this chapter also contains provisions concerning private ..... pulling down of such building or work and recover expenses thereof from the noticee. section 456 provides for removal of structures, trees etc., which are in dangerous state. section 636 declares that if any work or thing requiring written permission of the commissioner under any provision of the ..... view of the above, in exercise of the powers conferred by sub-section (2) of section 12 of the andhra pradesh urban areas (development) act, 1975 (act 1 of 1975) the government hereby declare the roads/stretches as given in annexure appended to this notification as commercial roads, the same having been .....
Tag this Judgment!Court : Chennai
Reported in : (2008)2MLJ593
..... that promote good administration and prevent maladministration can be formulated so as to promote the efficiency of teachers, discipline and fairness in administration and to preserve harmony among affiliated institutions. at the same time it has to be ensured that even an aided institution does not become a government-owned and ..... the academic and administrative autonomy of an aided institution. the state can very well provide the basic qualification for teachers. under the university grants commission act, 1956, the university grants commission (ugc) had laid down qualifications to a teaching post in a university by passing regulations. as per these ..... statutory backing.35. drawing inspiration from the aforesaid decisions, it was contended on behalf of the appellants that the tamil nadu private colleges (regulation) act being a superior state legislation, would prevail over the impugned regulations, which happen to be a subordinate/delegated central legislation. but we are unable to .....
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