Court : Delhi
Reported in : [1989]66CompCas5(Delhi); ILR1988Delhi557
..... the application for rectification of the register had been dismissed by the district judge. the petitioners filed a petition under sections 397 and 398 of the companies act before the high court. the district judge had dismissed the petition for rectification on the ground that it could not be properly decided in summary proceedings for ..... had been illegally removed from the register of members of the company as advised by the district judge while dismissing a petition under section 155 of the companies act for rectification of register of members. in these circumstances, the petitioners not being recorded as member;. of the company in the register of members they were ..... as members was filed by the petitioners, 'who are now seeking the same relief under the guise of an application under sections 497 and 398 of the act'. in these circumstances the petition filed under sections 397/398 was held not to be maintainable. the observations of the learned single judge regarding the non- .....
Tag this Judgment!Court : Delhi
Reported in : AIR1989Delhi329; [1988]64CompCas884(Delhi); ILR1988Delhi10a
..... relating to economics. law, commerce, accountancy,industry, public affairs or administration. only such a highpowered body had been entrusted with the job to administerthe act the object of which is to provide that the operationof economic system does not result in the concentration ofeconomic power to the common detriment, turn the ..... that a certain tradeassociation had filed a complaint on the basis of which the commission issued notice without complying with the provisions ofsection 11 of the act. which enjoins upon the commission to have 'certainpreliminary investigation made before issue of process.the whole proceedings were void ab initio. this court observedas ..... .' section 36-b has also been similarly amended. 'registeredconsumer;. association' has been defined to mean 'a voluntaryassociation of persons registered under the companies act, 1956(1 of 1956) or any other law for the time being in force whichis formed for the purpose of protecting the interests of consumers generally .....
Tag this Judgment!Court : Delhi
Reported in : 1988(18)ECC358; 1988(19)LC131(Delhi); 1989(39)ELT211(Del)
..... own decision, then that inevitable interest cannot form the basis of a successful challenge. thus, in wilkinson v. barking corpn., the local government (superannuation) acts provided that questions as to the entitlement of an employee of a local authority to a superannuation allowance were to be determined initially by the local authority, ..... excise) was invested with the powers of a collector to exercise throughout the territory of india. one of the arguments advanced was that under provisions of the act, there was no scope for conferring any concurrent jurisdiction. it was held :- '...... in my view when central board had been conferred with the jurisdiction to ..... provisions for entrustment of functions. our attention has been invited to notifications issued from time to time, right from 1957 under section 2(b) of the act investing designated officers with all the powers of a central excise officer. particularly by notification dated august, 15, 1964, the officer on special duty appointed .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1988)25ITD193(Delhi)
..... west coast industrial co. ltd.'s case (supra) subsidy received from rubber board towards reimbursement of expenditure incurred in replantation, development, maintenance and upkeep of rubber trees was held to be a revenue receipt. in respect of backward areas, the subsidies were held to be not deductible in determining actual cost of assets under ..... in the case of jeewanlal (1929) ltd. (supra) no doubt, it was held that the cash assistance received by the exporters was inextricably connected with the act of exportation and that it was incidental to and supplemental to the trading receipts. however, the following factors need to be noticed in regard thereto : (iii) ..... grounds : that the learned cit (appeals) erred, in not allowing the full amount claimed by the appellant for deduction under section 35b of the income-tax act, 1961 particularly with regard to expenditure incurred as interest paid on post-shipment export credit loan ; loss incurred owing to the fluctuation in the rate of exchange .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1988)(17)ECC56
..... , vol.11 1982 also gives meaning of the term 'similar' as held by courts as under : "the word "similar" has not been defined in the punjab security of land tenures act 1953. however, its meaning as given in oxford english dictionary, volume ix of the definition, reads as under: "similar" means nearly corresponding; resembling in many respects; somewhat like; having a .....
Tag this Judgment!Court : Delhi
Reported in : ILR1987Delhi311; 1989LabIC740
..... for getting them through in their examinations (v) gave a wrong residential address and cheated the exchequer by producing forged rental receipts. and, whereas, the said acts constitute an offence punishable under law. and, whereas, i chairman of the disciplinary committee as well as secretary-cum- manager of the school, being the authority ..... an unaided minority institution. two of it? employees had been suspended but the permission of director of education had not been obtained. section 12 of the act. which made the provisions of sections 8 to 11 inapplicable to unaided minority schools, was challenged. the supreme court held the provisions of section 12 as ..... singh. he was succeeded baba avtar singh who, in turn, was succeeded by baba gurbachan singh. with the registration under the provisions of the societies registration act, all the assets and liabilities vested with the registered society. the society has its own memorandum of association as well as rules and regulations of the mandal. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1987Delhi323; 1987(13)DRJ139
..... of legal heirs as a whole rather than the members constituting the body as the individuals. vital changes have since been made by the hindu succession act, 1956 establishing absolute equality 'between sons and daughters with regard to the rights in property. unless the testator had expressly declared his intention of excluding ..... lordship of the supreme court in a. narayanan & anr. (supra) equated the word 'kindred' with relationship while construing the provisions of section 111 of the succession act. it is a relationship either by blood or marriage or adoption.(35) the term 'kindred' is ordinarily employed to indicate relationship by blood or descend, say children, ..... reference is also made to section 25 defining the lineal consanguinity section 26 defining the collateral consanguinity, sections 27, 28 and schedule i to the succession act. hypothetical pedigree tables are given to support the arguments. reliance is also placed on section 93 and on section 112 which carries to it a similar .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1988)(34)ELT83TriDel
..... that the tribunal had no jurisdiction to direct issue of detention certificates since issue or non-issue of such certificates is not governed by the provisions of the customs act. having regard to the long history of the cases, we would only observe that it appears to us that these are fit cases for consideration of issue of ..... imprecise the term "wool waste" is: it could not be defined or explained with a degree of precision even by the board, a high statutory authority under the customs act. it is against this background that we have to examine and assess the evidence on record: (i) as already noted, the indent for the goods, the suppliers' invoice ..... not wool waste, the licences produced for wool waste were not acceptable and that, therefore, the imports were unauthorised. accordingly, lie confiscated the goods under the customs act but gave the importers option to redeem the goods on payment of the fine stipulated against each importer in his order and on payment of proper duties. it is .....
Tag this Judgment!Court : Delhi
Reported in : AIR1987Delhi90; 1986(10)DRJ350
..... sufficient grounds were made out for condoning the delay in filing the objections especially when the high court had proceeded on the assumption that section 5 of the limitation act applied and as such there was delay in filing the objections for setting aside the award. (19) the sum and substance of these authorities, thereforee, is ..... was returned for rectifying the defects. however, the objection petition was refiled after a very long time. the supreme court reiterated that section 5 of the limitation act had no application when there was no delay in presenting the objection petition and the delay in re-presentation was not subject to rigorous test which was usually ..... ground for condensation of delay. the following further observations made by the supreme court in this context are very pertinent to note : 'section 5 of the limitation act is a hard task master and judicial interpretation has encased it within a narrow compass. a large measure of case-law has grown around section 5, its .....
Tag this Judgment!Court : Delhi
Reported in : [1987]62CompCas769(Delhi)
..... petitioner also challenges the legislative competence of parliament to enact the said impugned provisions. 2. the newly incorporated section 45s of the reserve bank of india act provides that no individual or firm or an unincorporated association of individuals shall, at any time, have deposits from more than the number of depositors specified ..... brought the entire gamut of operation of banks within the regulatory provisions and under the surveillance of the reserve bank. section 5(b) of the 1949 act defined banking to mean, acceptance, for the purpose of lending or investment, of deposits of money from the public. section 8 prohibited the banking companies ..... from directly or indirectly, dealing in the buying or selling or bartering of goods. by an amendment made in 1968, section 10a of the act provided for a board of directors to include persons with professional or special knowledge or practical experience in respect of matters amongst others of accountancy, banking, .....
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