Court : Delhi
Reported in : ILR1982Delhi68
..... mills for the assessment years 1963-64 and 1965-66, the relevant previous years being the preceding financial years.(2) the assessed company, now known as rohtak textile mills, was previously known as south punjab electricity corporation ltd. and was running certain electricity undertakings. the disputes in these references arise as a result of ..... the undertaking given to the government under section 7(1) of the electricity act. in accordance with this provision the state electricity board purchased the undertaking in december, 1959. and the assessed handed over possession of its assets to the board in that month ..... 1978]113itr265(bom) . here the assessed had been granted a license under section 3(1) of the electricity act to supply electricity within an area in the manner mentioned in and on terms and conditions stated in the agreement of license. the terms of the license confirmed the right to exercise the option to purchase .....
Tag this Judgment!Court : Delhi
Reported in : AIR1982Delhi446; 22(1982)DLT23
..... element of authority or command. these tests were again reiterates in : (1981)illj103sc (supra.) where though the society was registered under the societies registration act it was held to be state. the considerations which weighed were that the corporation of the society is dominated by the representatives appointed by the central government and government of jammu and kashmir, punjab and rajasthan with the ..... should receive aid and patronage from the government is not only understandable but also correct. but a small financial ai(i will not mean that all voluntary organisations doing good social work would by this little help be deemed to be instrumentality of the state. to so broadly hold would be to stifle voluntary initiative and individual participation in community work which .....
Tag this Judgment!Court : Delhi
Reported in : [1982]52CompCas535(Delhi); [1982]137ITR586(Delhi)
..... a copy of the ledger account wherein a provision for the development rebate had be made, the directors' report in respect of the succeeding financial year in which it was specifically stated that the provisions for development rebate had been made 'in the account for the previous year itself' was also shown. on the basis of ..... the case, the tribunal was legally correct in holding that the assessed was entitled to development rebate under the provisions of section 34(3)(a) of the income-tax act, 1961 ?' 8. mr. g. c. lalwani appearing for the commissioner of income-tax, contended that the development rebate deduction could not be allowed unless the ..... leila seth, j. 1. the assessed, m/s. national industrial corporation ltd., new delhi, is a private limited company dealing in alcohol. the assessment year under reference is 1964-65, and the relevant previous year is the financial year ending 31st march, 1964. 2. in the course of the assessment, the assessed claimed a development rebate under s .....
Tag this Judgment!Court : Delhi
Reported in : ILR1982Delhi21
..... and a copy of the ledger account wherein a provision for development rebate had been made. the directors' report in respect of the succeeding financial year in which it was specifically stated that the provision for development rebate had been made 'in the account of previous year itself ' was also shown. on the basis of this ..... supra), the supreme court while dealing with the question of development rebate reserve of provision (b) to section 10 (2) (vii) of the indian income-tax act, 1922 has held that the grant of under the rebate is a concession subject to the fulfillment of the conditions prescribed and the creation of a separate development rebate ..... leila seth, j. (1) the assesses m/s. national industrial corporation ltd., new delhi, is a private limited company deeling in alcohol. the assessment year under reference is 1964-65 and the relevant previous year is the financial year ending 31st march, 1964. (2) in the course of the assessment, the assesses claimed a development rebate .....
Tag this Judgment!Court : Delhi
Reported in : AIR1983Delhi201
..... it would equally be an industry in the hands of a corporation and if the service rendered by corporation was an industry, the employees in the department connected with that service whether financial, administrative or executive, would be entitled to the protection of the act and if a department of a municipality discharged many functions, ..... work fell within the expression was, however, left open. banerjee was followed in quick succession by two landmark cases of the corporation of the city of nagpur (supra) and the state of bombay vs. the hospital mazdoor sabha (supra) both the decisions were rendered by the same bench within a few days ..... emphasised the significance and importance of the distinction particularly when in pursuit of the welfare ideals, the government, both at the centre and in the state 'naturally and legitimately enter into many commercial and other undertakings and activities which have no relation with the traditional concept of governmental activities in which the .....
Tag this Judgment!Court : Delhi
Reported in : [1983]53CompCas409(Delhi); (1983)36CTR(Del)153; ILR1983Delhi856; [1983]141ITR174(Delhi)
..... the assumption that because of close link itci would have in any event continued to get financial assistance from m & m. there are statutory constraints imposed by s. 370 of the companies act, 1956, restricting the financial assistance which one body corporate can give to another. under the legal constraints of s. 370, m & m at ..... , which is so vital to the growth of the nation. tractors have been declared an essential commodity under the essential commodities act, 1955; (ii) because of itci's parlous financial position as stated above, itci was facing the prospect of immediate closure. such closure would have resulted not only in the direct loss of ..... material before it, then the same is liable to be struck down (see rohtas industries ltd. v. s. d. agarwal : [1969]3scr108 ). in hochtief gammon v. state of orissa, : (1975)iillj418sc , the interference by courts is held justified when the executive have taken into consideration wholly irrelevant or extraneous considerations. it was ruled (p. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1982Delhi487; [1984]56CompCas509(Delhi)
..... a hypothecation deed and to affix the common seal of the company on the document in their presence. the document was to be executed in favor of the u.p. financial corporation. i fail to understand as to how this resolution authorised dr. gaur hari singhania or mr. p. d. singhania to give the requisite consent on behalf of the jute ..... to presume that it was so executed and authenticated. once the original document is produced purporting to be a power of attorney so executed and attested as stated in s. 85 of the evidence act, the court has to presume that it was so executed and authenticated. the provision is mandatory and it is open to the court to presume that ..... benefited when the principal creditor deprives him of any right is not to be looked into. but, in the present case, as stated earlier, the question of depriving the surety of the rights does nit arise. the act of the creditor in filing the suit, obtaining the mortgage decree, getting the part of the property sold was all in good .....
Tag this Judgment!Court : Delhi
Reported in : ILR1983Delhi661
..... such a vital decision was ill-advised and could not be supported in law. (45) it is relevant to note that under the railways act, 1905 the railway board is a body corporate. there cannot be any major decision of the board without there being, a meet-, ing of the board in which the matter is ..... that capacity functions ex-oflicio as secretary to the government of india in the ministry of railways. the chairman is responsible for intra-board co-ordination. the financial commissioner for railways, the secretary of ministry of transport are also members of the board ex-officio each of the members is responsible for dealing with all ..... service is followed by confirmation.' (b) rule 1302 (10) indian railway establishment code volume i covering service for the purpose of special contribution admissible under rule 1314 states the following : 'service for the purpose of special contribution admissible under rule 1314 means continuous service during which a subscriber holds a lien or a suspended lien .....
Tag this Judgment!Court : Delhi
Reported in : ILR1982Delhi472
..... from an error of law on the face of it, and. thereforee, invalid.(22) the learned solicitor general, appearing for the state trading corporation, has next referred to the rovisions of section 73 of the contract act, and pointed out that when a contract has been broken, the party who suffers by such breach is entitled to receive, from ..... -7-1977 that 'sugar should be exported during 1977-78 to the extent of commitments made, in a manner which would minimise the extent of financial loss.' at that time there were stated to be only two firm export orders, one from european economic community for 25,000 tonnes and the other of i lac tonnes from iran. ..... the stc should make arrangement for taking delivery of the unlifted sugar. it were only some of the mills which obtained cancellation of release orders because of their individual financial and storage etc. difficulties. the rest did not seek such cancellation. the nfcsf for the first time on 26th june 1978 required the sugar mills to get the .....
Tag this Judgment!Court : Delhi
Reported in : 23(1983)DLT2
..... has been committed and that it should be rectified. efforts should, however, be made to settle the matter withim the period stated above.'circular no. 41lges(p). dated 18th june, 1969 of the municipal corporation of delhi (general establishment section): circular it has been observed that requests are being received by the administration from the municipal employees ..... o.m. no. f. 911!71-ests.(a) dated 17-11-1962, administrative instructions of the municipal corporation of delhi no. 41/b.e.s.(m). dated 18-6-1969 and rule 79(2) of the general financial rules, 1976. the counsel also submits that a character certiflicate was issued to the petitioner in 1959 on ..... of the said certificate after 30 years. this was prohibited by section 90 of the evidence act. (4) for appreciating the submissions of the parties, the relevant provisions of law and administrative instructions may now be noted. rule 79 of the general financial rules reads as follows: '79.date of birth. (1) every person newly appointed .....
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