Court : Mumbai
Reported in : 1984(2)BomCR682
..... notice under section 59 need not disclose the names of the victims or the witnesses; otherwise the very purpose for which the preventive action is contemplated under the act might be frustrated. however, the authority is bound to disclose the general nature of the material against the person concerned. all that is mentioned in the notice ..... shop-keepers of that locality or those areas which offence falls under chapter xvi & xvii of the indian penal code.(c) that since 1977 you have committed several acts and offences mentioned in paragraphs (a) and (b) above.' 3. section 59 contemplates that before passing an order of externment under section 56 the person against ..... p.s. shah, j.1. by this petition under article 226 of the constitution of india the petitioners has challenged the order of externment dated may 5, 1984 passed by the deputy commissioner of police, zone-ii, kalyan, against him under section 56(1)(b) of the bombay police act, 1951. the learned counsel appearing for the petitioner .....
Tag this Judgment!Court : Karnataka
Reported in : [2001]43CLA228(Kar); ILR2001KAR5373
..... the official liquidator to discharge his function properly under the supervision of the company court as the new section 529a of the companies act confers upon a company court the duty to ensure that the workmen's dues are paid in priority to all other debts in accordance with the provisions of the above section. the legislature has amended ..... bench of this court considered whether there was any change in the law declared by the supreme court in m.k. ranganathan s case (supra), after insertion of proviso to section 529(1) and section 529a by act no. 35 of 1985. the division bench held that the only change brought about by the amendment of section 529 and ..... (supra), was rendered by the supreme court prior to insertion of proviso to section 529(1) and insertion of section 529a by act 35 of 1985. it distinguished the earlier decision in international coach builders ltd.'s case (supra) in view of the interim order granted by the supreme court in the appeal filed against the said decision. the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2001P& H86
..... ex.pl may be extracted hereunder :-'this indenture made this 10th day of june, 1980 between the governor of haryana, acting through the director of industries, haryana, for the time being shri dhanendar kumar, i.a.s. (hereinafter referred to as the state government which expression shall where the context so admits be deemed to include the successors ..... c states would operate as a disqualification for election to the state legislatures under section 17 of act 49 of 1951 read along with section 7(d) of the act.48. admittedly, respondent no. 1 is a partner in the firm m/s mohan ram and co. which has been awarded the contracts. it is settled law that ..... further alleged that respondent no. 1 is holding the above five contracts in the name of m/s mohan ram and company, l-116, kirti nagar, new delhi, with the haryana government under the mines and mineral (regulation and development) act, 1957 and mineral concession rules passed by the parliament thereby enabling the state government to make rules .....
Tag this Judgment!Court : Delhi
Reported in : AIR1997Delhi251
..... thereforee that having regard to the context in which the words 'any sale held without leave of the court of any of the properties' added in s. 232(1) by the amending act xxii of 1936 have been used in juxtaposition with 'any attachment, distress or execution put into force without leave of the court against the estate or ..... before the winding up of the company, the decree could not be executed without the permission of the company court under section 446 of the companies act. mr. nayar pointed out that the ratio of s. v. kondaskar old v. v. m. deshpandey, ito, : [1972]83itr685(sc) has been followed in the cases of income-tax officer, ..... also others were conceded by the parties which included that what was laid down in m. k. ranganathan's case under section 232 of the indian companies act, 1913 continued to apply to the interpretation of section 537 of the companies act notwithstanding the aforementioned change in the section. the relevant extract is reproduced hereunder :--'(i) a winding-up .....
Tag this Judgment!Court : Karnataka
Reported in : [1996]85CompCas281(Kar); ILR1993KAR2446; 1993(3)KarLJ312
..... sale. every wide power, the exercise of which has far-reaching repercussions, has inherent limitation on it. it should be exercised to effectuate the purpose of the act. in legislation enacted of general benefit and common good, the responsibility is far graver. it demands a purposeful approach. the exercise of discretion should be objective. the ..... examine as to the validity of further proceedings taken by the corporation pursuant to annexure 'c'. 22. the supreme court in the aforementioned decision in mahesh chandra's case [1993] 78 comp cas 1, keeping in view the various factors giving rise to conflicting interest; in the back drop of discussion made and decisions ..... . this respondent has got the property valued by its technical officer. he has given a detailed valuation report as per annexure '3'. the corporation had received the petitioner's letter dated august 21, 1992 (annexure 'd'), but by then the agreement of sale dated july 4, 1992, was executed in favour of respondent no. 2, .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(3)AWC2347; (2002)1UPLBEC352
..... stated that the special drive be taken in accordance with the u. p. public services (reservation for scheduled caste, scheduled tribes and other backward class) act, 1994. the district magistrate, siddharth nagar also wrote a letter to that effect to the chief medical superintendent, district hospital, siddharth nagar. on the aforesaid ..... was made available. the relations of the members of the selection committee were selected and issued appointment orders. report further stated that dr. o. s. singh went beyond his jurisdiction in making appointment on the post of dark room assistant, lab attendant, electrician and registration-cum-record keeper whose appointing ..... allegations against the selection and appointment and after considering the explanation and materials submitted by the petitioner to take decision on the matter. the petitioner's continuance on the post and other benefits will be dependent on the decision to be taken by the director general, medical health and family welfare .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(2)AWC1492(SC); (2009)3SCC634; 2009(2)LC870(SC):2009AIRSCW21472009(4)LHSC2198:2009(2)Scale526:2009(4)KCCRSN183
..... of rs. 300/- was imposed.6. respondent, as a purported consequence of the penalty imposed upon the driver of the said vehicle, initiated a proceeding under section 86 of the act, directing:now therefore, i.k.s. bedi, assistant commissioner of police/traffic/east district, delhi in exercise of powers delegated to me under section read with 86(4) of m.v ..... brochure and directions of hon'ble supreme court of india in case of m.c. mehta v. uoi, i, k.s. bedi, assistant commissioner of police, traffic, east distt. delhi in exercise of powers under section 86 of m.v. act, 1988 and delegated to me vide sta board resolution no. 1/98 dated 25.5.1998 do hereby suspend the permit ..... . act, 1988 by sta delhi vide its board resolution no. 1/98, dated 25.5.1998 hereby require general manager s/o shri nil r/o upsrtc, lucknow, u.p. the permit holder top show cause as to why the said .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC2629; 2003(3)ALD82(SC); 2003(2)ARBLR5(SC); (2003)3CompLJ1(SC); [2003(4)JCR148(SC)]; JT2003(4)SC171; 2003(4)SCALE92; (2003)5SCC705; [2003]44SCL89(SC); [2003]3SCR691
..... is apparent from the aforesaid reasoning recorded by the arbitral tribunal that it failed to consider sections 73 and 74 of indian contract act and the ratio laid down in fateh chand's case (supra) wherein it is specifically held that jurisdiction of the court to award compensation in case of breach of contract is unqualified ..... required to be set aside by the court while exercising jurisdiction under section 34 of the act.3. mr. dushyant dave, learned senior counsel appearing on behalf of respondent - company submitted to the contrary and contended that the court's jurisdiction under section 34 is limited and the award could be set aside mainly on ..... would first decide the main point in controversy, namely--the ambit and scope of court's jurisdiction in case where award passed by the arbitral tribunal is challenged under section 34 of the arbitration and conciliation act, 1996 (hereinafter referred to as 'the act') as the decision in this appeal would depend upon the said finding. in other .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(6)ALD19(SC); 2008(4)AWC3875(SC); JT2008(9)SC622; RLW2008(4)SC2794; 2008(12)SCALE367; (2008)9SCC552; 2008(6)Supreme402
..... and it is sufficient that the public derives advantage from the scheme.45. in fallbrook irrigation district v. bradley (1896) 164 u.s. 112 : 41 law ed. 369, an act of california provided for the acquisition of lands whenever 50 land-owners or a majority of them in a particular locality required it for ..... acquisition could not be held invalid [see also ajay krishan singhal v. union of india : air1996sc2677 ].136. in s.s. darshan v. state of karnataka and ors. : air1996sc671 , land was sought to be acquired under the act for public purpose, namely, for setting up information technological park. challenging the acquisition, it was contended by the petitioners ..... that the lands specified in the schedule attached to the notification were likely to be needed for the purpose of m/s mukund iron & steel works ltd., a company registered under the indian companies act, 1913. the petitioner lodged objections challenging the notification on the ground that the lands were not required for `public purpose .....
Tag this Judgment!Court : Gujarat
Reported in : 1997CriLJ492; (1997)1GLR190
..... behalf of the petitioner and particularly the observations of the honourable supreme court, as contained in para 6 thereof at page 1194. it lays down that if the act (motor vehicles act, 1939) had intended to give the power to the state government to vary the conditions of a stage carriage permit granted to a particular person it would have ..... came to occupy the same as a result of auction-purchase knocked down in its favour as messrs. hazari ispat limited, failed to pay its dues.3. our learned colleague s. m. soni, by his order dated 11-5-1995, allowed the said special civil application. for this purpose, the petitioner was relying on isha marbles v. bihar state ..... was filed against the board and its officers disputing the claim of the board as to the dues of disconnected electricity connection which was given by the board to m/s. hazari ispat ltd. it is an undisputed position that the said old connection was given to the very premises which is now occupied by the petitioner no. 1 company .....
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