Court : Kolkata
Decided on : Feb-08-2008
Reported in : [2009]147CompCas434(Cal)
..... to the plaintiff/petitioner stating, inter alia, that the department of company affairs, government of india while carrying out inspection under section 209a of the companies act, 1956 has questioned the justification and proprietary of the said issue of shares in favour of the plaintiff/petitioner by stating:thus, the issue of shares at ..... right of andrew yule on unjustifiable and baseless grounds. the reference was made to an inspection purported to have been made under section 209a of the companies act 1956, which, however, by reason of the clarification issued on september 27, 2001, by the government that the inspecting officer's query about the ..... resolution of the shareholders of descon in its extraordinary general meeting held on june 9, 2006. under the provisions of section 81(1a) of the companies act, 1956 the shareholders' mandate expressed through a special resolution held in a properly convened meeting would, under normal circumstances, the sole determinant for such a step .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-29-2008
Reported in : 2008(2)ShimLC140
..... to the extent of 30.78 per cent.3. trial court charged the appellant with the offence, under section 20(c) of the narcotic drugs and psychotropic substances act and on the conclusion of the trial convicted and sentenced him, as aforesaid.4. we have heard the learned counsel for the appellant and gone through the record.5 ..... the appellant.8. learned counsel further argued that pw-12 hc om prakash did not comply with the provisions of section 50 of the narcotic drugs and psychotropic substances act, even though he suspected that the appellant was carrying some narcotic drug and also searched his person. he urged that the hon'ble supreme court in dilip and ..... notification. thus, the appellant is liable to be punished not under section 20(c) of the narcotic drugs and psychotropic substances act, as done by the trial court, but under section 20(b) of the said act for which no minimum sentence is prescribed. the offence under section 20(b) is punishable with imprisonment that may extend to ten .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jaipur
Decided on : Jan-25-2008
Reported in : (2008)115TTJ(JP.)351
..... so saying, the appellate authority referred to the balance sheet. the appellate authority further noticed that the assessee samiti was a registered samiti under the rajasthan societies act and that it was also recognised by the cbse. he observed that if there was any misutilisation or mismanagement, action could be taken against the members ..... an educational institution solely existing for education and not for the purpose of profit and therefore, was entitled to exemption under section 10(22) of the act.adverting to the various allegations made by the ao in the assessment order, the learned authorised representative further submitted that the other allegations of the ao ..... dec, 1999. the case was selected for scrutiny.during the assessment proceedings, the ao noticed that the appellant was not having registration under section 12aa of the act nor any exemption under section 10(23c)(vi) was available. when asked, the appellant responded vide letter dt. 27th dec, 2005, mainly stating that the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Pune
Decided on : Apr-08-2008
Reported in : (2008)113ITD55(Pune.)
..... , lay out of the vehicles, components, parts, bodies". there are other clauses providing for acting as consultants and advisers. at p. 2 of the paper book, there is detail of the various activities handled by managing director mr. van den oever during ..... i proceed to examine the facts and circumstances of this case. in the memorandum of association of the assessee company, one of the main objects is to act as "consultant, adviser and provide technical service for the development/manufacture of new products, modification in methods/systems of manufacture, assembly, fabrication and in the design ..... and discussion with different persons to locate the prospective clients. o that there was no evidence that the appellant had even received any proposal or offer to act as a consultant or advisor to provide technical services during the previous year. o that case law cited by the assessee viz. neil automation technology ltd. .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-09-2008
Reported in : 2008(6)ALLMR1; 2009(1)BomCR316; 2009(1)MhLj303
..... has held that power of transfer under section 25 c.p.code was not either curtailed or excluded by section 21 and section 21a of the hindu marriage act.16. advocate shri sohoni, has relied upon the provisions of section 23v c.p.c., to urge that same analogy should also be applied in cases of ..... division bench judgment shows that a person permanently residing at bombay was detained at bombay under the provisions of conservation of foreign exchange and prevention of smuggling activities act. the activities objected too were carried out by him at cochin and delhi. the said detention was challenged before the nagpur bench by his father-inlaw ..... m.p. no. 26/2006, in the court of civil judge, senior division at chandrapur, application under section 12 of the protection of women from domestic violence act, vide criminal application no. 88 of 2007 at chandrapur and an application for maintenance under section 125 of criminal procedure code vide misc. criminal application no. 89/2006 at chandrapur .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-20-2008
Reported in : (2008)151PLR415
..... rajasthan 1986 2wll 713 and ram prasad v. hari narain . in shambhu dutt shastri's case (supra), it is held that general power of attorney holder can appear, plead and act on behalf of the party but can not become a witness on behalf of the party and can only appear in his own capacity. same view is reiterated in ram ..... witness on behalf of the principal in the matter of his personal knowledge. he can only appear as a witness in his own capacity to depose with regard to the acts done by him on behalf of the principal. 11. the relevant observations of the hon'ble supreme court are as under:order iii, rules 1 and 2 cpc, empowers the ..... parsad's case (supra), where it is said:it was held that the word 'acts' used in rule 2 of order iii of the cpc does not include the act of power of attorney holder to appear as a witness on behalf of a party. power of attorney holder of a party can .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-11-2008
Reported in : (2008)2PLR90
..... 17.4.2002 (annexure p.6) issued under section 4 and dated 10.4.2003 (annexure p.9) issued under section 6 of the land acquisition act, 1894 (for brevity 'the act') which includes the land belonging to the petitioners. the purpose of acquisition is a public purpose to establish residential, commercial and institutional for sector 1 (part ..... excluding their land from acquisition or for releasing the same. according to the petitioners notification dated 29.2.2003 (annexure p. 14) under section 48 of the act was issued and the land measuring 12.44 acres had been released from acquisition.3. ms. polika monga, learned state counsel has pointed out that the notifications which ..... to her the acquisition has already been upheld. she has further pointed out that all the steps including the notifications under sections 4 and 6 of the act and their publication in the newspapers, filing and hearing of objections have been meticulously taken care of and the petitioners have not been able to point out any .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-07-2008
Reported in : (2008)151PLR591
..... then there would be hardly any justification for the rent controller to frame an assessment order in pursuance of the provisions of proviso of section 13(2x0 of the act as interpreted by the supreme court in the case of rakesh wadhawan (supra). after the evidence has been led by the landlord showing the relationship of landlord-tenant ..... thereon and after calculating the costs to be paid to the petitioner, call upon the petitioner, to tender rent, in accordance with the provisions of section 13 of the act, as interpreted by the hon'ble supreme court in rakesh wadhawan's case (supra).12. the aforementioned contention, in my considered opinion is without merit. where a tenant ..... suit and tender rent thereafter. thus, after the rent controller held that the respondents were owners/landlords he was obliged, as per the provisions of section 13 of the act, as interpreted by the hon'ble supreme court in rakesh wadhawan v. jagdamba industrial corporation (2002-2)131 p.l.r. 370, to assess the rent, the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-03-2008
Reported in : 2009ACJ1917; (2008)152PLR784
..... .since, there is no permission of the learned tribunal to contest the claim petition on merits and after dismissal of his application under section 170 of the act by this court, the appeal preferred by the insurance company is not maintainable in view of the authorities in shankarayya's case (supra) and nicolletta rohtagi's ..... chandigarh v. nicolletta rohtagi and ors. : [2002]supp2scr456 , has held that the insurance company cannot prefer appeal without obtaining the permission under section 170 of the act. admittedly, there is no permission granted by the learned tribunal to allow the insurance company to contest the claim petition on merits. seeking permission for the first time in ..... vehicle appeared before the tribunal but did not file any written statement. the insurance company did not obtain the order of tribunal under section 170 of the act and as such it was held that insurance company is debarred from filing an appeal on merits.12. again the apex court in the authority reported as .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-10-2008
Reported in : (2009)153PLR308
..... , commercial, institutional and recreational purposes in sector 1, 2, 3, 5b, 5c and 6 panchkula extension (mansa devi complex) under the haryana urban development authority act, 1977 by the haryana urban development authority, in the area falling in the revenue estates of village saketri (hadbast no. 376) and bhainsa tibba (hadbast no. ..... large area with construction and then such areas are excluded from acquisition by not including the same in the declaration issued under section 6 of the act. this leads to flourishing of bududom, illegal activities and exploitation of the general public because their houses/ hutments come under the threats of being acquired ..... after issuance of notification under section 4 of the act. therefore, necessary directions is that regard are required to be issued.22. as a sequel to the above discussions, we pass the following directions:a .....
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