Court : Andhra Pradesh
Reported in : 1998(6)ALD274; [2001]103CompCas184(AP)
..... in the result, the impugned order is set aside and the case is remanded to company law board, principal bench, new delhi with a direction to decide afresh whether the provisions of sections 81 and 81a of the act applies to the appellant-company, after considering its articles of association and on the strength of the authority of needle industries (supra), particularly keeping in view the aforementioned passages of the apex court. ..... the apex court in the case of needle industries supra, after reproducing the relevant parts of sections 3, 43a and 81 of the act was pleased to observe that for interpreting these and allied provisions of the act, it would be necessary to have regard to the relevant articles of association of needle industries especially, since the section 81(1)(c) of the act is subject to the qualification 'until the articles of the company otherwise provides' and thereafter reproducing the relevant articles 11, 32, 38 and 50 of the ..... newy (india) holding lid, (1981) 51 company cases 743, the lower courthas held that the provisions of sections 81 and 81(1a) of the act applies to the appellant-company, because at the relevant point of time, it was a deemed public company and, therefore, in the absence of proper compliance of the provisions of section 81 and 81(1a) of the act, the resolution passed by the board of directors and approval of the said resolution in the extra-ordinary general meeting of the appellant .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2002]110CompCas193(AP)
..... of the calcutta high court held that (headnote) : 'when dealing with a petition for relief from oppression or mismanagement made under sections 397 and 398 of the companies act, 1956, the court must confine itself to the case as made out in the petition and to the allegations made therein and the supporting affidavits and not to look ..... appellate court to substitute its own exercise of discretion for that of the trial judge ; but if it appears to the appellate court that in exercising its discretion the trial court has acted unreasonably or capriciously or has ignored relevant facts and has adopted an unjudicial approach then it would certainly be open to the appellate court--and in many cases it may be its duty--to interfere with ..... of the court; section 63 deals with secondary evidence and under section 64 all the documents must be proved by primary evidence except in cases mentioned in section 65 of the evidence act for which necessary foundation has to be laid in the pleadings itself for leading secondary evidence.83. in this case only xerox copies of the documents were filed and it is not ..... the appeal can be said to be a question of law arising out of the order of the company law board and as such the question of entertaining the appeal under section 10f of the act does not arise ; (2) the order under challenge is an interlocutory on for purpose of appointment of administrator at the interim stage and the company law board in the contextual facts has exercised discretion .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(1)ALD(Cri)321; 2000(1)ALT(Cri)107; 2000CriLJ2607
..... therefore, without expressing any opinion as to whether the provisions of section 50 are mandatory or not, but bearing in mind the purpose for which the safeguard has been made, we hold that the provisions of section 50 of the act implicitly make it imperative and obligatory and cast a duty on the investigating officer (empowered officer) to ensure that search of the concerned person suspect is conducted in the manner prescribed by section 50, by intimating to the concerned person ..... empowered officer is bound to take the concerned person to the nearest gazetted officer of any of the departments mentioned in section 42 of the act, if such a person so requires and exercises his right only to be searched before a gazetted officer or a nearest magistrate. ..... learned counsel further submits that whenever an officer duly authorised under section 42 of the act, is about to search any person under the provisions of sections 41, 42 or 43 of the act, he is duty bound to inform such persons that if they so require they would be searched before the nearest gazetted officer of any of the departments or the nearest ..... the conviction of the appellants herein under section 20(b)(i) of the narcotic drugs and psychotropic substances act, 1985, does not suffer from any factual or legal infirmities warranting interference of this court. ..... pw-4 had substantially complied with the mandatory requirements of section 50 of the act by searching the appellants in the presence of pw-3, admittedly, who is a .....
Tag this Judgment!Court : Allahabad
Reported in : (2009)222CTR(All)153; [2009]179TAXMAN73(All)
..... such money, bullion, jewellery or other valuable article or thing represents either wholly or partly income or property which has not been or, would not be, disclosed for the purposes of the it act, 1961, and the authorizing officer has reason to suspect that books of account, money, bullion jewellery or other valuable article or thing have been kept or are to be found in ..... director of inspection entertained the belief that the funds in the bank account represented undisclosed income or property of the federation within the meaning of section 132 of the act and consequently, a warrant of authorization was issued and search was conducted in the bank.in the said case, the warrants were shown and signatures of bank officers ..... will not, or would not, produce or cause to be produced, any books of account or other documents which will be useful for, or relevant to, any proceeding under the indian it act, 1922 (11 of 1922), or under this act, or(c) any person is in possession of any money, bullion, jewellery or other valuable article or thing and such money, bullion, jewellery or other valuable article or thing represents, either wholly ..... the aforesaid section can be taken only if either of the two conditions or both of them exist, namely:(i) if any search has been conducted under section 132 of the act; or(ii) books of account, other documents or assets are requisitioned under section 132a of theact.in case no such condition did exist, the proceedings under section 158bc can neither .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001CriLJ4088; 2001(3)MPLJ205
..... lordships have held in paragraph 4 as under :since the search is about to be effected on the basis of any prior information or personal knowledge, which the person going to search has the reason to believe that an offence under the act is being committed, then for the sanctity of the search itself, the person to be searched has been afforded the minimum right to be searched before another gazetted officer or the magistrate and that the right cannot ..... in fact the legislature has enhanced the safeguard contained in section 50 to obviate any doubt of the illicit articles under the act and this provision was engrafted having regard to the grave consequential that may entail the possession of illicit articles under the ndps act, namely the shifting of the onus to the accused and the severe punishment to which he becomes liable.where accused himself wanted to be searched before a gazetted officer or a magistrate and ..... the appellant stands convicted under section 17 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the 'ndps act') and she has been sentenced to undergo 10 years' r.i. ..... vitiates the conviction and senence of the accused, since the conviction is based solely on the alleged possession of charas, which was recovered from his person, during a search conducted in violation of the provisions of section 50 of the act.12. ..... rusia submits that it is a case where there is total breach of mandatory provisions of section 50 and 52a(2) of the ndps act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H232
..... scrips along with the transfer forms duly signed in respect thereof.it was also stated in the scheme that regarding', the dissenting shareholders 'as defined in section 395 of the companies act,' the transferee company might give notice within two months after the expiration of the aforesaid period of four months in the prescribed manner to any dissenting shareholder for acquiring his ..... share-holders, for their consideration.according to this scheme, swadesh nirman private limited, respondent no.2, the transferee company made an offer under section 395 of the act, involving transfer to it of shares in the transferor company subject to certain terms and conditions contained in the scheme, reference to which is not material for purposes of this decision. ..... limitation specified therein.if a remedy under section 395 has not been availed of, or, the petitioners have by their own act of negligence or inactivity deprived themselves of that remedy, they cannot turn round and then claim to seek relief under section 155 of the companies act on the ground that the omission of their names from the register of members of the company was 'without sufficient ..... prejudice the petitioners and certain other shareholders who were in a minority, manoeuvred to eliminate them by having resort to the provisions under section 395 of the companies act, 1956.they said that on 6-11-1956, swadesh nirman private limited was registered with a paid up capital of rs. ..... continental exchange bank, (1867) 2 ch. a. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)3PLR272
..... down that an officer incharge of police station shall take charge of and keep in safe custody, pending the orders of the magistrate, all articles seized under this act within the local area of that police station and which may be delivered to him, and shall allow any officer who may accompany such articles to the police ..... its wisdom, considered it necessary to provide such a statutory safeguard, to lend credibility to the procedure, relating to search and seizure, keeping in view the severe punishment, prescribed under the act, being so, it was imperative for the authorized officer, to follow the reasonable, fair and just procedure, as envisaged by the statute and failure to do so, must be viewed with ..... by the court of additional sessions judge, hisar, vide which it convicted the accused/appellant for the offence, punishable under section 15 of the narcotic drugs & psychotropic substances act, 1985 (hereunder called as 'the act' only) and sentenced him to undergo rigorous imprisonment for a period often years, and to pay a fine of rs. ..... since minimum stringent punishment is provided for the offences, punishable under the act and according to the provisions of section 51 of the act, the provisions of the code of criminal procedure, relating to search, seizure and arrest shall apply to the extent the same are not inconsistent with the provisions of the act, it was imperative, on the part of the investigating officer, to join an independent witness, at the time of the alleged search, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC2378; 1999(2)ALD(Cri)279; 1999CriLJ3672; 1999(65)ECC695; 1999LC545(SC); [1999(81)FLR303]; (1999)3GLR2483; JT1999(4)SC595; (1999)ILLJ254SC; 1999(II)OLR(SC)474; 199
..... of the contraband suspect and the conviction and sentence of an accused bad and unsustainable in law;(7) that an illicit article seized from the person of an accused during search conducted in violation of the safeguards provided in section 50 of the act cannot be used as evidence of proof of unlawful possession of the contraband on the accused though any other material recovered during that search may be relied upon by the prosecution, in other proceedings, against an accused, notwithstanding the recovery ..... therefore, without expressing any opinion as to whether the provisions of section 50 are mandatory or not, but bearing in mind the purpose for which the safeguard has been made, we hold that the provisions of section 50 of the act implicitly make it imperative and obligatory and cast a duty on the investigating officer (empowered officer) to ensure that search of the concerned person (suspect) is conducted in the manner prescribed by section 50, by intimating to the concerned person about ..... narcotic drug or psychotropic substance in respect of which he has reason to believe an offence punishable under chapter iv has been committed, and, along with such drug or substance, any animal or conveyance or article liable to confiscation under this act, and any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under chapter iv relating to such drug or substance;(b) detain and search any person whom he has reason .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2002(9)SC594; (2003)1SCC81; 2003(1)LC113(SC)
..... regard to the definition of 'actionable claim' as defined in section 3 of the transfer of property act would constitute actionable claims except where they are secured by mortgage ofimmovable property or hypothecation or pledge ..... official assignee of bombay it was held thus: 'a sale according to the sale of goods act (and in india goods include share of joint stock companies) takes place when the property passes ..... we have, therefore, brought thedefinition of debentures in line with that contained in english companies act, 1948, which defines 'debentures' as including 'debenture stock' bonds and other securities of a company, whether constituting a charge on the assets ..... now it reads thus:'goods' means goods as defined in the sale of goods act, 1930 (3 of 1930), and includes,- (i) products manufactured, processed or mined in india;(ii) shares and stocks including issue of shares before allotment;(iii) in relation to goods supplied, distributed or controlled in india ..... inter alia, would submit that the commission committed a manifest error of law in passing the impugned judgment insofar as it failed to property construe the definition of 'goods' contained in the sale of goods act, 1930 vis-a-vis its definition contained in section 2(e) of the m.r.t.p. ..... 'goods' have been defined in the sale of goods act, 1930 to mean:'every kind of moveable property other than actionable claims and money; and includes stock and shares, growing crops, grass, and things attached to or forming part of the .....
Tag this Judgment!Court : Delhi
Reported in : 99(2002)DLT564
..... case (supra) where in in so far as village mehrauli is concerned compensation stands determined for various notifications issued between 13.11.1959 to 21.11.1978 and the fact that the land situate in village lado sarai admittedly was having better location and potentiality than the land situate in village mehrauli much effort is not required to be made in making determination of the market value with respect to the lands of the ..... 55/82 decided on 25.11.1999 wherein compensation had been determined with respect to land situate in village lado sarai, acquired for planned development of delhi, through the same notification under section 4 of the act on 13.11.1959.in basti ram's case (supra) reliance was placed on an another decision in nand ..... in the amount of compensation for land situate in village ladha sarai, which was acquired through notification issued under section 4 of the act on 4.5.1975.the collector land acquisition made his award no. ..... appeal is land situate in village ladha sarai, delhi acquired for planned development of delhi through notification issued on 23.1.1965 under section 4 of the act which was followed by declaration dated6.1.1969 under section 6 of the act. ..... village ladha sarai were earlier acquired for planned development of delhi through notification issued under section 4 of the act on 13.11. ..... situate in village ladha sarai was acquired for public purpose, namely, planned development of delhi through notification issued under section 4 of the act on 23.9.1968. .....
Tag this Judgment!