Court : Supreme Court of India
Reported in : AIR1982SC1325
..... property consisting of government largesse in the shape of jobs, contracts, licences, quotas, mineral rights and other benefits and services was emerging in the social welfare state that india was and it was necessary to develop new forms of protection in regard to this new kind of property. the court held that in regard to government ..... guide the exercise of discretion can be found, the discretion conferred by the law would be unguided 45 and unstructured, like a tumultuous river overflowing its banks and that would render the law open to attack on ground of arbitrariness under article 14.14. so also article 19 strikes against arbitrary legislation in so ..... court to award death penalty was not guided by any policy or principle laid down by the legislature but was wholly arbitrary. the union of india as also the states supporting it sought to counter this argument of the petitioners by submitting first that death penalty is neither cruel nor inhuman, neither disproportionate nor excessive, .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1989Guj81; (1988)1GLR209
..... 396 houses, 18 houses have been allotted to eligible members of the public and 378 houses have been allotted to the state government employees and the staff of the gujarat housing board. the government of india have no objection to the sale of these 396 houses to the eligible allottees on hire purchase basis subject to the condition ..... . as this reply forms the very basis of the two resolutions which are subsequently passed by the state government, we prefer to quote the whole of it verbatim. the letter is written by an under secretary to the government of india and addressed to the secretary to the government of gujarat, public works department. it says: -'i ..... than 25% of all the houses built under the scheme were allotted to the state government employees.8. in the meanwhile on 20-2-1969, the deputy secretary to the government of gujarat in public works department wrote to deputy secretary, government of india, in the ministry of works, housing and supply department a letter in connection .....
Tag this Judgment!Court : Mumbai
Reported in : [2006]134CompCas324(Bom); [2006]69SCL115(Bom)
..... act shall be published for criticism in accordance with the provisions of section 23 of the general clauses act, 1897 both in the gazette of india and official gazette of the state in which the principal office of the recognised stock exchange is situate.59. it appears that pursuant to the said powers the national stock exchange ..... company and a rust. according to mr. bharucha neither the company nor the trust is a state as defined under article 12 of the constitution of india against whom a writ can be preferred under article 226 of the constitution of india. in support of his submissions, the learned counsel for the nse has referred to the ..... supreme court in the case of federal bank ltd. v. sugar thomas : (2004)illj161sc , wherein, the hon'ble supreme court has held as under:from the decisions referred to above, the position that emerges is that a writ petition under article 226 of the constitution of india may be maintainable against (i) the state (government); (ii) an authority; ( .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(3)ALLMR680; 1999(3)BomCR454; (1999)2BOMLR399
..... even if there be a resolution allotting the shares and the letter of allotment is issued. in : 1983(2)bomcr631 killick nixon ltd. and others v. bank of india and others, the same position is reiterated by a division of this court. in this case a petition under sections 397 and 398 was filed against the company ..... drug formulations. the two companies cater to the need of same industry viz. the chemical/pharmaceutical industry. the petitioner is in possession of manufacturing unit as stated above but it does not possess a viable product in the competitive pharmaceutical market. the transferee company on the other hand does not possess its own manufacturing plant ..... report as required under section 394 of the companies act, 1956. the official liquidator submitted his report on 30th november, 1998. in this report is clearly stated that the transferor company is a wholly owned subsidiary of the transferee company and all the shares of the petitioner company are owned by the transferee company. the .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(4)BomCR358; (2006)6CompLJ74(Bom); [2006]69SCL349(Bom)
..... 10% on allotment and the remainder did not come for a long time. it noted that out of 7 allottees, 6 had to take loan from the central bank of india, and a part of the new capital was not received even till the time the application under section 397 was filed. still the court held that it would not ..... shipping & logistics pvt. ltd. under the management of meridian and diverted the business and assets of meridian to those companies. though meridian was suffering losses, those companies are stated to be having good profits. there is no specific denial thereof by sippys. 14. a reply was filed on behalf of seaworld which pointed out that it was having an ..... that they would agree for release of the personal guarantee of v.s. puri and corporate guarantee of ssco towards meridian trading pvt. ltd. mr.puri had also stated that sippys had assured that parties would work towards separation of the joint businesses and assets whereunder meridian's losses would be taken over by sippys. there was no .....
Tag this Judgment!Court : Mumbai
Reported in : [2009]149CompCas129(Bom); [2008]82SCL303(Bom)
..... purchase agreement was annexed with the tender document. ntpc invited international competitive bids for supply of natural gas to its power plants, located in the state of gujarat in india, to meet its fuel requirements. ril, succeeded in its bid to sell, transport and deliver 132 tbtu (means one trillion btu (british thermal unit ..... , fair and transparent documentation. the expert engineers or technician in the field, though are involved in finalising such documents, yet when it comes to the banks or even to the regulatory authorities, it is desirable that the documentation should be clear, plain, unambiguous and without any doubt. the learned senior counsel ..... a position to understand and rightly submitted to avoid further complication and litigation in the matter apart from bankable for the purpose of financial help from the banks and financial institution.allegations of fraud : of fraud : of fraud:170. there are various allegations made in the application while questioning the gsma and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1154; (1964)66BOMLR460; 1964CriLJ249; [1964]52ITR423(SC); 1965MHLJ21(SC); [1964]6SCR700
..... for the court said :- "the duty to act judicially imposed upon an authority by statute does not necessarily clothe the authority with the judicial power of the state. even administrative or executive authorities are often by virtue of their constitution, required to act judicially in dealing with question affecting the rights of citizens. boards of revenue ..... clear that an income-tax officer is not a court. we have not thought it necessary to refer to the numerous decisions of the high courts in india, of this court or of the privy council in which the question of what is a court has been considered. we have considered this unnecessary in view ..... when trying a suit in respect of the following matters, namely :- (a) discovery and inspection. (b) enforcing the attendance of any person, including any officer of a banking company, and examining him on oath, (c) compelling the production of books of account and other documents; and (d) issuing summons." the second subsection empowers any income- .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(1)BomCR458
..... the enquiry proceedings and to virtually sit in judgment over them. secondly, he contended that having regard to the specific provisions under article 311(2) of the constitution of india, the civil court had no jurisdiction to evaluate the evidence recorded in the departmental proceedings. as a corollary to this, however, shri behere submitted that even assuming that the ..... that order, the appeal court had set aside the order passed in regular civil suit no. 1298 of 1982 by the 5th joint civil judge, senior division, pune, briefly stated, the facts that are material for purpose of the decision of this second appeal are as follows:--2. the respondent before me smt. vasudha a. kulkarni was at the ..... written notice to the respondent-employee before applying for any further orders.18. the appeal accordingly fails and the same stands dismissed with costs as quantified above. the bank guarantee that has been furnished by the respondent-employee to stand revoked forthwith. certified copy expedited. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1989Ker61
..... the point, in a floodlight as it were. even in relation to arbitaration such a suggestion for law reform was made by the house of lords in food corporation of india v. antclizo shipping corporation (1988) 2 all er 513). if the government felt, to their sour experience, that there had been total aberrations in the conduct of the ..... of m.d.s.s. may not be out of place in this context.14. the very name madras detailed standard specifications signifies its connection with the former madras state. much thought had been bestowed on very many matters of details connected with construction works. alien patterns (such as are discernible on a comparative study of cognate provisions in ..... some added significance, having regard to its nature. that has been pointed out in early times by the house of lords. the supreme court of india emphasised that aspect in two of its decisions in union of india v. kishorilal, air 1959 sc 1362 and damodar valley v. k. k. kar, air 1974 sc 158.18. this aspect has greater .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1; [1966]3SCR744
..... principle has been accepted by this court in express newspapers (private) ltd., and anr. v. the union of india and others(1), and by the majority judgment in atiabari tea co., ltd. v. the state of assam and others(4). if the test of direct effect and object which is sometimes described as the pith and ..... in this part,unless the context otherwise requires,"the state"includes the government and parliament of india and the government and the legislature of each of the states and all local or other authorities within the territory of india or under the control of the government of india." "13 (2) the state shall not make any law which takes away ..... art. 12, according to the learned attorney-general, "the state" includes the: government and parliament of india and the government and the legislature of each of the states and all local or other authorities within the territory of india or under the control of the government of india. he elaborated his point by suggesting that the reference to the .....
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