Court : Punjab and Haryana
Reported in : AIR1958P& H190
..... may carry on business with a minimum of two share-holders and even one member may carry on business for a period of six months before his liability becomes 'unlimited (sections 12 and 45); (2) it may commence business without the formalities to which a public company is subject under section 69; (3) it is not required to hold a statutory meeting rr or file a statutory report (section 165); (4) no minimum subscription need be subscribed before allotment of shares is made (section ..... the meeting of the board of directors alleged to have been held on 3-3-1946 and the extraordinary general meeting alleged to have been held on 28-3-1946 and all meetings of directorsheld after 28-3-1946 were ultra vires, illegal, ineffective and a fraud on the company and on the interest of the minority members of the company, and that the unanimous resolutions of the extraordinary general meeting dated 16-10-1945 continue to be in force, with a consequential relief in the form of a permanent injunction restraining the defendants from acting upon, or carrying into effect the ..... on behalf of the respondent, that after the compromise the status of the other directors had improved considerably. ..... case, a division bench of bombay high court refused to disturb the finding of the district judge, that the defendant had used undue influence to compel the plaintiff to pass a deed ..... parshad sent a letter to the registrar of joint stock company punjab, lahore (exhibit ..... the contractual partnership was short lived ..... lived. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H328
..... the observations of blackwell j, in the above bombay decision, may also be quoted with advantage:'in my opinion that decision (hans raj gupta's case air 1933 pc 63) has no application to the case before us, because in the present case the suit is based upon an independent contractual liability arising out of article 45 of the articles of association) of the company. ..... in sahib dayal's case air 1952 punj 389:'i find that the custodian has no power to proceed against the applicant under section 48 qf the act for the recovery of the debts when the applicant objects to the recovery of those debts inter alia on the ground that the debts are barred by time'.the learned chief justice was of the view that sections 7 and 48 of the administration of evacuee property act, 1950, did not empower the custodian to revive remedies barred by limitation or to create new remedies. ..... in view of the above discussion, i am of the view that the forfeiture of the snares of the respective respondents on 24-3-1954 gave rise to a new cause of action and that the claim of the banking company was within limitation in view of the provisions of article 115 of the limitation act, despite the fact, that it suit, if it had been instituted on the date of the claim for the recovery of the money due on the first call made on 15-10-1948, would have become barred by limitation under article 112 of the limitation act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)116CTR(P& H)145; [1994]207ITR190(P& H)
..... chargeable to tax had escaped assessment, it is not open to the high court exercising powers under article 226 of the constitution to set aside or vacate the notice for reassessment on a reappraisal of the evidence.in a petition under article 226 of the constitution, the taxpayer may challenge the validity of a notice under section 147 of the income-tax act, 1961, on the ground that either of the conditions precedent does not exist, but an investigation whether the inferences raised by the income-tax officer are 'correct or proper' cannot be made.'13. ..... : [1968]67itr11(sc) , while referring to the provisions of the income-tax act aforesaid vis-a-vis the powers of the high court to exercise jurisdiction under article 226 of the constitution, it was observed as under (headnote):'the high court exercising jurisdiction under article 226 of the constitution has power to set aside a notice issued under section 147(b) of the income-tax act, 1961, if the condition precedent to the exercise of the jurisdiction does not exist. ..... : [1992]195itr444(bom) , the bombay high court, relying upon calcutta discount co. ..... cit [1933] 1 itr 219, that :'in the 'cash basis' method of accountancy, on the other hand, a record is kept of actual receipts and actual payments, entry being made only when money is actually collected or disbursed. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H544
..... negotiations were proceeding and the matter was still pending before the improvement trust when notification under section 4 of the land acquisition act was published.the petitioners' grievance is that the improvement trust authorities did not deliberately grant the final sanction to develop the area mala fide and instead discriminating against the petitioners acquired the property for the same purpose for the benefit of the dera ismail khan co-operative house building society. ..... acquired for a 'public purpose', (2) its acquisition for the dera ismail khan co-operative house building society, limited, is invalid for non-compliance with the provisions laid down in part vii of the act, (3) the government acted mala fide in acquiring the land and unjustly discriminated against the appellants and (4; the award of the land acquisition collector was without jurisdiction as on the day that he gave the award he was not a land acquisition collector and the subsequent appointment with retrospective effect could not ..... 'the supreme court in state of bombay v. r. s. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H110
..... case suit can only be filed as provided in the bombay rent act.if the law laid down by chagla, c. ..... the division bench in sawaraj pal's case, 1968-70 pun lr 720=(air 1969 punj 26) (supra) held, inter alia that the argument of the landlord to the effect that the act being a complete code by itself could no more be invoked in view of the ratio of the judgments of the supreme court in cases under the bombay rents, hotel and lodging house rates (control) act (57 of 1947) (hereinafter called the bombay rent act ..... the bench of the bombay high court, further held that once a tenancy is determined as aforesaid then section 108(q) of the transfer of property act, requires the lessee to put the lessor into possession of the property, and that it was, therefore, clear that it was only on the determination of the lease or tenancy that the landlord becomes entitled to the possession of the property and it is only then that he can file a suit for a decree for possession in which case section 28 applies and in such a ..... kaur air 1933 lah 134, and in a recent judgment of the delhi high .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1979P& H122
..... , 'development and utilisation of the lands as industrial and residential areas' is d public purpose within the land acquisition act as it stood before the amendment made by the bombay legislature, air 1955 sc 41 (45) rel. on. ..... 1 challenged the legality and propriety of the notification inter alia on the ground that it was colourable exercise of jurisdiction by the state government that the land should have been acquired under part vii of the act as it was being done for the purpose of the company and that the objections under section 5a of the act were not properly disposed of.3. ..... an argument was raised on behalf of the owners of the land that the government should have resorted to provisions of part vii of the act as the purpose of the company could not be considered to be a public purpose.the contention was not accepted and the acquisition was upheld. ..... avoidance is possible and i make no attempt to define precisely the extent of the phrase 'public purpose' in the lease; it is enough to say that, in my opinion the phrase, whatever else it may mean, must include a purpose, that is an object or aim, in which the general interest of the community, as opposed to the particular interest of individuals, is directly and vitally concerned. ..... in that case the land acquisition proceedings were started at the instance of college authorities of a private women's college for improvement of the institution. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H526; [1962]32CompCas470(P& H)
..... , ilr 54 all 1067: (air 1933 pc 63) and particular emphasis has been laid on the following passage:'the learned judges, in the present case, took the erroneous view that once the winding up commenced, there could be no further application of the rule of limitation in regard to any debt due to the company and not then already time-barred. ..... this approach is based on a misconception as to the effect and utility of the doctrine of precedents, for the value of a past decision can be determined only by considering the whole of the judgment is the background of the facts confronting the court and the principle of law which emerges from it. ..... the learned liquidation judges has, after considering the case-law on the point, come to the conclusion that the liability of a member to contribute under section 156 of the indian companies act is ex lege and arises by reason of the fact that his name appears on the register of members. ..... seth sant lal, air 1959 punj 328.that the mere fact of a debt having become barred by time does not by itself extinguish it also finds support from the language of section 25 of the contract act which says that a written promise signed by a person to be charged with a promise to pay wholly or in part a debt payment of which might have been enforced but, for the law of limitation, is not considered void for want of consideration. ..... the point canvassed before us is also the subject-matter of discussion in a bench decision of the bombay high court in mohomed akbar v. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)114PLR516
..... during the pendency of the suit.11. ..... as regards the case of rajendar singh (supra) which was relied upon by the learned counsel for the appellant, the learned counsel for the respondents submitted that the ratio of that judgment was not applicable to the facts of the present case as in that case, the hon'ble supreme court was concerned about the adverse possession of the defendant for a period over 12 years and it was held that the lis pendente lite contained in section 52 of the transfer of property act would not arrest the running of the period of limitation ..... in view of the facts stated herein above and the law laid down by the apex court, the decisions of the supreme court in the case of devi das (supra), gopal krishan kelkar (supra), enggalaxnam (supra) and decision of the bombay high court in the case sir mohammed yusuf (supra) are of no assistance at all to the appellant.20. ..... 1933 lahore 1029;3) chandan lal v. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1967P& H279; (1969)ILLJ679P& H
..... there is nothing express one way or the other in the act or the regulations casting a duty on the committee to act judicially, the manner of the disposal, based as it must be on materials placed before it, and the serious effects of the decision of the committee on the examinee concerned, must lead to the conclusion that a duty is cast on the committee to act judicially in this matter particularly as it has to decide objectively certain facts which may seriously affect the rights and careers of examinees, before it can take any action in the exercise of its power under rule 1 (1). we ..... are, therefore, of opinion that the committee when it ..... for the rectification and improvement of the original design and restoration of the damage, more than rs. ..... . state of bombay, air 1958 sc 328 ..... . the contention that claim to pension is property is also sought to be supported by way of analogy from bombay dyeing and . v ..... (as he then was) in province of bombay v. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1986(9)ECC94; 1986(26)ELT539(P& H)
..... spirited professors were allowed to espouse the cause of helpless inmates of protective home at agra, seeking an enforcement of the constitutional rights of the inmates under article 21 of the constitution by improvement of the living conditions so that inmates can live with human dignity. ..... was further observed:'in allowing or disallowing an application under order 1, rule 10 of the code, what has to be seen is whether the addition of a new party would be consistent with the scope of the enquiry as necessitated in the pending suit and whether in the absence of such a party it would not be possible to completely and effectively dispose of the controversy in the pending suit and not that some suit may be avoided. ..... the collector (appeals) allowed the appeal filed by the petitioners mainly-relying on the decisions of the central excise and gold control appellate tribunal (for short 'the tribunal') which is the apex adjudicatory authority under the central excise and salt act held that hrbo manufactured by the petitioners would fall under tariff item ..... it is contended that a notice had been issued by the range superintendent central excise, bombay, to the applicant on january 14, 1986, for reversing the credit availed earlier and paying back a sum of rs ..... 038.90 as excise duty in respect of sale of hrbo to the applicant-bombay factory and rs. ..... 038.90 paise in respect of purchase of hrbo by the factory at bombay. ..... messrs hindustan lever limited, bombay, applicant, have filed civil misc. .....
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