Court : Supreme Court of India
Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644
..... formation of the government in uttar pradesh in june, 1991. the government declared itself committed to the construction of the temple and took certain steps like the acquisition of land adjoining the disputed structure, demolition of certain other structure, including temples standing on the acquired land, and digging and levelling of a part of ..... 353. the test for adjudging the validity of an administrative action and the grounds of its invalidity indicated in the barium chemicals ltd. and anr. v. the company law board and ors. [1966] supp. scr 311, and other cases of that category have no application for testing and invalidating a proclamation issued under article ..... weighed with the president for the exercise of power under the said provision. the test laid down by this court in the barium chemicals ltd. v. the company law board and ors. [1966] supp. scr 311 and subsequent decisions for adjudging the validity of administrative action can have no application for testing the satisfaction .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(57)BLJR711; 2009(4)BomCR348; JT2009(1)SC470; 2009(1)SCALE758; (2009)3SCC571; 2009(1)LC411(SC)
..... aforementioned notifications on various grounds including the one that before acquiring the land, government did not make enquiry as per the requirement of rule 4 of the land acquisition (companies) rules, 1963 (for short `the rules'). the writ petitioners also highlighted discrepancies in different notifications issued by the state government. respondent no. 2 in the ..... the improvements, if any, affected thereon, shall be liable to resumption by the government subject however, to the condition that the amount spent by the company for the acquisition of the said land or its value as undeveloped land at the time of resumption, whichever is less, but excluding the cost or value of ..... arora case and the intention of parliament was to fill the lacuna, which, according to that decision, existed in the act in the matter of acquisitions for a company .... further, a literal interpretation is not always the only interpretation of a provision in a statute and the court has to look at the setting .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)1GLR50
..... . when any citizen or person is wronged, the high court will step in to protect him, be that wrong be done by the state, an instrumentality of the state, a company or a cooperative society or association or body of individuals, whether incorporated or not, or even an individual. right that is infringed may be under part iii of the constitution ..... policy and the same appears to have been conducted in a manner detrimental to the interest of the depositors and also causing prejudice to the interest of the two banking companies themselves;(c) such scandals in a number of cases in a particular period of time with regard to particular parties have to be subjected to a thorough probe to be ..... the reserve bank of india has been given the power to issue specific directions in the interest of banking policy in public interest to prevent the affairs of any banking company being conducted in a manner detrimental to the interests of the depositors or in a manner prejudicial to the interests of the banking .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(6)ALD582; 2005(6)ALT364
..... in balco employees' union (regd.) v. union of india (supra), the decision of the government of india to disinvest in m/s. bharat aluminium company limited and the decision of the core group to disinvest government shareholding in favour of m/s. sterlite industries for rs. 551.5 crores was impeached by ..... adarand constructors-1). in this case, the united states department of transportation through its central federal lands highway division awarded contract to mountain gravel and construction company. the contract provided that if the prime contractor hires sub-contractors certified as small businesses controlled by 'socially and economically disadvantaged individuals', they would receive ..... the scope of judicial scrutiny even with regard to matters relating to subjective satisfaction are governed by the principles stated in barium chemicals ltd. v. company law board. likewise, periodic examination of a backward class could lead to its exclusion if it ceases to be socially backward or if it is .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR110; 2007(1)BomCR329
..... affected. relying on the legislation, occupants have vacated their premises, buildings are demolished in anticipation of new construction by use of tdrs.(e) various schemes of acquisition of plots for public purposes, amenities, infrastructure etc. would be halted.(f) it would affect the entire planning of the city.(g) third party rights ..... . johnson reported in 1898 2 qb 91 , considering manifest arbitrariness, it is observed as under:in this class of cases (bye-laws of railway companies and dock companies) it is right that the courts should jealously watch the exercise of these powers, and guard against their unnecessary or unreasonable exercise to the public disadvantage ..... , dealing with such subject-matter. first, the case is wholly different from that of manorial authorities, or of trading corporations such as dock or railway companies, who often have a pecuniary interest in their bye-laws, or even of such a municipal corporation as might be supposed to have trade interests involved. .....
Tag this Judgment!Court : Delhi
Reported in : 1995IAD(Delhi)1238; AIR1995Delhi323; II(1995)BC42; [1998]92CompCas849(Delhi)
..... benevolent objects or for any exhibition or for any public, general or useful object; (k) the acquisition, construction, maintenance and alteration of any building or works necessary or convenient for the purpose of the company; (l) selling, improving, managing, developing, exchanging, leasing, mortgaging disposing of or turning into account ..... of any tax; (b) foreign exchange, import and export across customs frontiers; (c) industrial and labour disputes; (d) land reforms by way of acquisition by the state of any estate as defined in art. 31a or of any rights therein or the extinguishment or modification of any such rights or by way ..... supporting or aiding in the establishing and support of associations, institutions, funds, trusts and conveniences calculated to benefit employees or ex-employees of the company or the dependents or connections of such persons,; granting pensions and allowances and making payments towards insurance; subscribing to or guaranteeing moneys for charitable or .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(4)BomCR358; (2006)6CompLJ74(Bom); [2006]69SCL349(Bom)
..... or officers who pursued the opportunity for personal benefit are immune from the liability. the court also held that burden of proof rested upon the party attacking the acquisition. (v). similar view is taken in robert broz and rfb. cellular inc. v. cellular information systems, inc. decided by the supreme court of delaware on ..... on terms that he be allotted shares equal to those held by loganathan and patnaik which was to be done after increasing the share capital of the company. the company would, therefore, have three groups of shareholders represented by jain, patnaik and loganathan holding equal number of shares except a few other small shareholders. ..... diverted from ssco to meridian going into crores. the subsidiaries of meridian however were in profit. there has been sufficient correspondence prior to the filing of the company petitions in june/july 2002. can it, therefore, be said a mere after-thought? the inescapable conclusions are that there was hardly any confidence left between .....
Tag this Judgment!Court : Delhi
Reported in : (1985)49CTR(Del)249; ILR1985Delhi299
..... transfer of undertakings) act, 1970. the company was paid a sum of rs. 10.20 crores as compensation for the take-over of its banking business. the ..... the company, which was then known as the punjab national bank ltd., was a banking company, and the banking business of the company was transferred to and vested with the punjab national bank, a corporation, wholly owned by the government, with effect from the aforesaid date by virtue of an ordinance, which was later replaced by the banking companies (acquisition & ..... company, which has since changed its name and objects, has been carrying on other undertakings. pursuant to to the acquisition, the company, by a circular of february 28, 1973, gave an option to its shareholders to sell to it .....
Tag this Judgment!Court : Delhi
Reported in : 162(2009)DLT396
..... petition (civil) no. 427/2005 filed by m/s. ashok kamal capital builders pvt. ltd. and writ petition (civil) no. 2663/2005 filed by m/s. dyer's stone lime company pvt. ltd. (hereinafter referred to as capital builders and dyer's stone respectively, for short) are being disposed of this by this common judgment.2. dyer's stone purchased property ..... ) subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty.(2) if a share warrant is issued without being duly stamped, the company issuing the same, and also every person who, at the time when it is issued, is the managing director or secretary or other principal officer of the ..... company, shall be punishable with fine which may extend to five hundred rupees.64. penalty for omission to comply with provisions of section 27.- any person who, with intent to de .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)BomCR419
..... of this case, since the defendants were acting in concert with each other, the complexion of the case changes, and it must be held that the acquisition of these companies in the manner they were acquired was also a part of the scheme designed by defendant nos. 1 and 11 in concert with the other defendants to ..... shares within the meaning of regulations 9 and 10 need not necessarily be a person whose name appears in the register of members as a shareholder of the company. the acquisition of shares is complete when the shares are paid for and the shares delivered to the transferee with transfer forms. he further sought to distinguish the judgment ..... framed by the sebi came into force with effect from 7-11-1994. regulation 3 makes the provisions of chapter iii of the regulations inapplicable to acquisition of shares in companies whose shares are not listed on any stock exchange. regulation 4 empowers the board to grant exemption from the provisions of chapter iii after recording the reasons .....
Tag this Judgment!