Court : Supreme Court of India
Reported in : JT1998(8)SC114; 1998(6)SCALE246; (1999)1SCC638; [1998]Supp3SCR1; 1999(1)LC367(SC)
..... this section was introduced by reason of the hyderabad tenancy and agricultural land (amendment) act. .....
Tag this Judgment!Court : Mumbai
Reported in : [1983]54CompCas469(Bom)
..... was submitted that the plaintiffs had not given any explanation in the witness box why they had instituted the suit so long after the issue of the shares although they had stated the reason in an affidavit filed in support of their motion for interim relief and that, therefore, they were barred from obtaining the relief sought in the suit. ..... is a transaction which might be made binding on the company or association and on all its members by a simple majority of the members, no individual member of the company is allowed to maintain an action in respect of that matter for the simple reason that, if a mere majority of the members of the company association is in favour of what has been done, then cadit quaestio. ..... sims [1894] ac 654 :'if the true effect of the whole evidence is, that the defendants truly and reasonably believed at the time that what they did was for the interest of the company, they are not chargeable with dolus malus or breach of trust merely because in prompting the interest of the company ..... agree, that, though no contention is urged regarding which it is requisite to hear the debenture trustee, by reason of the frame of the suit, it must be held to be bad for non-joinder.100. ..... chairman wrote a confidential letter to the chairman, clb, stating that they were given to understand that the chairman of the company had by its letter dated april 28, 1978 (which is not on record) advanced cogent reasons why the company law board should take action, inter alia, under s. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1982KAR622; (1982)ILLJ268Kant
..... namely, the power under the rules could be invoked only after the employee had attained the prescribed age or had put in a prescribed number of years of service, both of which are reasonable, so that security of tenure in a large measure was guaranteed and, therefore, the impugned rules would have to meet the same fate as the rules 148(3) and 149(3) of the ..... .where an officer 20.2 nothing containedhas been convicted for in clause 19 shall applya criminal offence to retirement on medicalin a court of law or grounds.where the disciplinaryauthority is satisfiedfor reasons to berecorded byit in writing thatit is not reasonablypracticable to holdan enquiry in themanner provided forin these rules orwhere the disciplinaryauthority is satisfiedthat in the interest ofsecurity it is notexpedient to ..... placed at the disposal of such bodies and enormous powers conferred on them in the respective filed of activity, those very weighty reasons assigned by the supreme court as to the necessity of security of tenure for government employees would apply with equal force to ..... or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of these charges and where it is proposed after such inquiry to impose on him such penalty, until he has been given a reasonable opportunity of making representations on the penalty proposed, but only on the basis of the evidence adduced during such inquiry. .....
Tag this Judgment!Court : Karnataka
Reported in : (2010)228CTR(Kar)1; [2010]186TAXMAN233(Kar)
..... fact cannot be examined by this court in an appeal under section 260a of the act and even it should be considered as a question of law, it goes against the assesses for the reason that on facts all the three authorities have recorded probability of ascertaining gains attributable to transfer of individual assets though comprised in the compendious sale of selling the entire unit as one unit and without ..... that but for the addition of sub-section [4] in section 115ja of the act and which was conspicuously absent in section 115ja of the act, the ruling of this court and the reasoning and ratio mentioned in kwauty biscuits' case [supra] would conclusively govern the question as the judgment of this court had come to be affirmed by the supreme court in an appeal preferred ..... understanding a statutory provision has to be gathered by not only the language used in the statute but attention should also be paid to what has not been said and it is for this reason it is submitted that what is said in finance act, 2000 and which had not been said in the course of finance acts of the years 1996, 1997, 1998 and 1.999 assumes ..... where the tax liability is computed in terms of section 115ja of the act has very vehemently urged that no interest is leviable under any one of these provisions, mainly for the reason that the determination of the total income and section 115ja of the act being in an artificial manner and only because of the deeming provision of sub-section [1] of section 115ja of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC1675; AIR1980SC1579; 1978CriLJ1741; 1980CriLJ1099; (1978)4SCC494; (1980)3SCC488; [1979]1SCR392; [1980]2SCR557
..... men are capable of estimating the immense amount of torture and agony which this dreadful punishment prolonged for years, inflicts upon the sufferers; and in guessing at it myself, and in reasoning from what i have seen written upon their faces, and what to my certain knowledge they feel within, i am only the more convinced that there is a depth of terrible ..... to prepare for the appearance before the adjustment committee.we also hold that there must be a 'written statement by the fact-finders as to the evidence relied on and reasons' for the disciplinary action.although nabraska does not seem to provide administrative review of the action taken by the adjustment committee, the actions taken at such proceedings may involve review by other ..... that bar-fetters were the rule of the day.the key jurisdictional preconditions are :(i) absolute necessity for fetters; (ii) special reasons why no other alternative but fetters will alone secure custodial assurance; (iii) record of those reasons contemporaneously in extenso; (iv) such record should not merely be full but be documented both in the journal of the superintendent ..... the important proposition that it is a crime of punishment to further torture a person undergoing imprisonment, as the remedy aggravates the malady and thus ceases to be a reasonable justification for confiscation of personal freedom and is arbitrary because it is blind action not geared to the goal of social defence, which is one of the primary ends of imprisonment. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC1866; JT2001(4)SC454; 2001(3)SCALE197; (2001)5SCC664; [2001]2SCR960
..... and to have a particular state of affairs should also be borne out from the records and if the same is not produced before the court or withheld from the court, there is no reason whatsoever as to why the presumption adverse to the contention be not taken unless however cogent reasons are made available to the courts, which however is not the case in the matter under consideration, since non-availability of governmental records cannot in the normal circumstances be ..... the issue since each case may be decided on the materials available for such formation of opinion - formation of opinion obviously is dependant upon available materials and cannot be a mere ipsedixit of the administrative authority: existence of justifiable reasons in the mater of formation of opinion is the principal condition and any contra action would have the effect of the same being ascribed as arbitrary exercise of power which is admittedly an antithesis of law. ..... a person sitting in the office in the metropolitan city of calcutta cannot, in fact, decide the issue without taking recourse to actuals on the field or on the garden and that is the precise reason as to why the field study was effected on the first occasion by the settlement officer and the subsequent deliberations of the tea garden advisory committee wherein 1451.40 acres have been treated as surplus to the requirement of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC2004; 1971LabIC1182; (1971)ILLJ576SC; (1971)2SCC168; [1971]SuppSCR477
..... give to that person such an opportunity.under the unamended clause (2) of article 311, what was required to be done was that a reasonable opportunity of showing cause against the action proposed to be taken in regard to him had to be given to the government servant, and, under the proviso, the governor's satisfaction required was that in the interest of the security ..... authority empowered to dismiss or remove to dismiss or remove a a person or to reduce him person or to reduce him in in rank is satisfied that for rank is satisfied that for some some reason, to be recorded reason, to be recorded by that by that authority in writing, authority in writing, it is not it is not reasonably practicable reasonably practicable to hold to give to that person such inquiry: or an opportunity of showing cause; or (c) where the president or governor, (c) where the president or governor, as the case may be, nor ..... or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge;(b) where an authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to give to that person an opportunity of showing cause; or(c) where the president or the governor, as the case may be is satisfied that in the interest of the security of the state it is not expedient to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2010(1)BomCR656; JT2009(15)SC269; (2010)ILLJ561SC; 2009(14)SCALE623; (2010)2SCC273; 2009(10)LC5041(SC)
..... , and in respect of payments made, or to be made, for the said work;(d) seize or take copies of such registers, records of wages or notices or portions thereof, as he may consider relevant, in respect of an offence under this act or scheme, which he has reason to believe has been committed by an employer; and(e) exercise such other powers as may be prescribed:provided that, no one shall be required under the provisions of this section to answer any question or make any statement tending to incriminate ..... any register, record of wages or notices required to be kept or exhibited under any scheme, and require the production thereof, for inspection;(b) examine any person whom he finds in any such premises or place and who, he has reasonable cause to believe, is an unprotected worker employed therein or an unprotected worker to whom work is given out therein;(c) require any person giving any work to an unprotected worker or to a group of unprotected workers to give any information, which is in his ..... state legislature, if it is in session, or in the session immediately following the date of receipt of the report.7(4) in exercise of the powers and discharge of its functions, the board shall be bound by such directions, as the state government may, for reason to be stated in writing, give to it from time to time.15(1) the board may appoint such persons as it thinks fit to be inspectors possessing the prescribed qualifications for the purpose of this act or of any scheme and may define the .....
Tag this Judgment!Court : Delhi
Reported in : 2001IVAD(Delhi)556; (2001)168CTR(Del)521; 92(2001)DLT35; [2002]253ITR83(Delhi)
..... state of issuance of the notice, the only question is whether there was relevant material, as stated above, on which a reasonable person could have formed the requisite belief'.the observations are clearly applicable to the facts of the present case.11. ..... observed that notice under section 148 read with section 147(a) of the act (as it stood prior to amendment) can be issued only where ito has reason to believe that the income, profits and gains chargeable to tax has been under assessed or escaped assessment and further that such escapement or under assessment was occasioned by reason of failure of the assessed to disclose fully and truly all material for the assessment years. ..... action of issuance of an authorization under section 132 is challenged in court, it will be open to the petitioner to contend that, on the facts or information disclose, no reasonable person could have come to the conclusion that action under section 132 was called for. ..... uoi : [1972]84itr616(delhi) that there should be facts before the assessing officer that reasonably give rise to a belief, as noted above, but then it may not be conclusive to support the ..... that any income chargeable to tax | (a) the assessing officer has reason to||has escaped assessment for any assessment | believe that, by reason of the omission||year, he may, subject to the provisions of | or failure on the part of an assessed to||sections 148 to 153, assess or reassess | make a return under section 139 for||such income and also nay other .....
Tag this Judgment!Court : Gujarat
Reported in : [2008]143CompCas8(Guj); [2008]83SCL220(Guj)
..... . it was merely observed that the explanation furnished by them and the submissions made by the letter under reference did not explain satisfactorily the reasons for non-fulfillment of commitments and promises made in the prospectus dated may 8, 1992 timely and completely on the basis of which the public in general was induced to invest ..... of violations of mandatory requirements of the companies act and, therefore, there is no question of the petitioners having acted bonafide and prima facie reason to believe that they have not acted honestly or reasonably and, therefore, the petitioners have disentitled themselves to grant of any discretionary relief under this particular provision.9 ..... to prepare balance-sheet is on the directors and not the auditors, and as the company was carrying on its business despite the seizure of books there was no conceivable reason why the petitioners failed to maintain regular accounts for subsequent years and prepare the balance-sheet.24 ..... submitted that although section is expressed in wide language, but the statutory intentions clearly appear to enable the court to exercise its discretionary jurisdiction while granting relief only to persons who have behaved reasonably and honestly, but have nevertheless failed in some way in discharge of obligations on some particular occasions ..... getting a relief under this sub-section, an officer must prove that he has acted honestly and reasonably and that having regard to the facts and circumstances of the case, he ought fairly to .....
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