Court : Karnataka
Reported in : (2003)180CTR(Kar)87; [2003]264ITR124(KAR); [2003]264ITR124(Karn)
..... the partnership is dissolved, the going concern carried on under the name of the firm mangalore ganesh beedi works and all the trademarks used in course of the said business by the said firm and under which the business of the partnership is carried on shall vest in and belong to the partner who offers and pays or two or more partners who jointly offer and pay the highest price therefor as a single group at a sale to be then held as among the partners at which sale nobody other than the ..... purposes of winding up--after the dissolution of a firm the authority of each partner to bind the firm, and the other mutual rights and obligations of the partners, continue notwithstanding the dissolution, so far as may be necessary to wind up the affairs of the firm and to complete transactions begun but unfinished at the time of the dissolution, but not otherwise : provided that the firm is in no case bound by the acts of a partner who has been adjudicated insolvent; but this proviso does not affect the liability of any person ..... the purchasing group of the erstwhile partners as well as the employees who continued to be in service of the purchasing group are supposed to have the full knowledge about raw materials and the preparation in which those are to be used in rolling the beedies which were to be marketed under the ..... has been taken by the kerala high court in the case of joint ..... the value of the individual assets of the firm which included lands and buildings, plant and machinery and the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1991(5)SC301; 1991(2)SCALE1142; 1993Supp(233)SCC1; [1991]Supp3SCR30
..... that subsequently an application was made by the appellant under sub-section (9) of section 85 of the kerala land reforms which inter alia provides:the taluk land board may, at any lime, set aside its order under sub-section (5) or sub-section (7), as the case may be, and proceed afresh under that sub-section if it is satisfied that-(a) the extent of lands surrendered by, or assumed from, a person under section 86 is less than the extent of lands which he was liable to surrender under the provisions of this act, or (b) the lands surrendered by, or assumed from, a person ..... ' it then proceeds to describe the extent of the properties held by the sreepadom and states:the lands and other immovable properties mentioned in the schedule attached hereto have been inherited, held and enjoyed by our family, the aforesaid sreepadom palace, as sreepadom palace private properties and the family continues to have exclusive, absolute and undisputed title of ownership, possession and enjoyment by the laws of inheritance, custom, proprietorship and tradition.the sreepadom lands, enfranchised as aforesaid, as well as the private family properties, more particularly described in the schedule hereunder, were administered by his highness 'sree padmabha .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1325
..... there the constitutional validity of the kerala agriculturists' debt relief act 1970 was challenged on the ground of violation of both articles 14 and 19(1)(f) before entering upon a discussion of the arguments bearing on the validity of ..... the respondents however contended that the absence of any standards or guidelines in the legislation did not affect the constitutional validity of the death penalty, since the sentencing discretion being vested in the court, standards or principles for regulating the exercise of such discretion could always be evolved by the court and the court could by a judicial fiat lay down standards or norms which would guide the judge in exercising his discretion to award the ..... the result was that while kashmira singh's death sentence was commuted to life imprisonment by one bench, the death sentence imposed on jeeta singh was confirmed by another bench and he was executed on 6th october 1981, though both had played equal part in the murder of the family and there was nothing to distinguish the case of one from that of the ..... land of buddha and gandhi, where from times immemorial, since over 5000 years ago, every human being is regarded as embodiment of brahman and where it is a firm conviction based not only on faith but also on experience that 'every saint has a past and every sinner a future,' the standards of human decency set by our ancient culture and nourished by our constitutional values and spiritual norm frown upon imposition of death penalty for the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR568; 2005(1)KarLJ503
..... 's case, it is clear that the question that arose for consideration by the supreme court about the right of the owner and the inam holder and as to whether even after vesting and regrant of the land the owner can enforce the service and it was held that by statutory operation of the provisions of the act the pre-existing right or interest held by the inamdar and the institution stood extinguished and conferment of ryotwari patta under section 7 read with section 3 becomes conclusive between the parties and therefore the court held that the jurisdiction of the civil court to declare title to the inam land by necessary implication, stood ..... thimmaiah died during the first week of february, 1981 and defendants have succeeded to the estate of late thimmaiah and they are in peaceful possession and enjoyment of the respective portions of the properties and the revenue records are standing in the name of the defendants who have become absolute owners of the schedule properties and in terms of the registered deed executed by thimmaiah. ..... during the life time of thimmaiah father of the defendants, he has executed a registered will dated 28.1.1981 in favour of defendants bequeathing all the properties owned by him. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)
..... act which provided for the takeover of former employees reads as under:every whole-time officer or other employee of an existing insurer other than an indian insurance company, who was employed by that insurer, wholly or mainly with his general insurance business immediately before the appointed day, shall, on the appointed day, become an officer or other employee, as the case may be, of the insurance company, in which the undertaking to which the service of the officer or other employee relates has vested and shall hold his office or service on the ..... in re the hindu women's rights to property act, 1937, and the hindu women's rights to property (amendment) act, 1938 and in re a special reference under section 213 of the government of india act, 1935, [1941] fcr 12 the question arose whether the hindu women's rights to property act, 1937 (central act xviii of 1937) and the hindu women's rights to property (amendment) act, 1938 (central act xi of 1938), are applicable to agricultural land and what was the meaning of the word 'property'. ..... the chairman and managing director of the said corporation lost confidence in their ability and suitability to hold such important posts of head of departments which were reasonable for maintenance of the air crafts, safety of the air crafts and safety of the passengers carried therein and the order of termination were based on the note of the chairman dated 29.4.1981. ..... state of kerala [1973] su. 1 s.c.r. .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(1)BomCR188; 1987MhLJ955
..... or the industrial disputes act, 1947, and who has been, immediately before the appointed day, employed in the undertaking, are, in the opinion of the corporation necessary having regard to the requirements of the units restructured as a result of re-organisation of the undertaking, he shall become, from the date of his appointment by the corporation, an employee of the corporation and shall hold office or service in the corporation with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if the rights in relation to the undertaking had not been transferred to, and vested in the corporation and continue to do so unless and ..... now the object of the 1981 act was to control the cost of administration in the interest of policy holders and for that purpose to revise the service conditions expeditiously. ..... idbi identified after spot and record study workable machinery (67,732 spindles and 1582 looms) and suggested a scheme for rehabilitation and modernisation by raising of loan from various sources including sale of surplus land approximately 1.50 lakh sq. ..... state of kerala, : air1973sc1461 . .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1983Kant116; 1983(1)KarLJ241
..... 3 all the rights of inamdars were extinguished and the inam lands came to be vested in the state sections 4,5,6,7 and 8 provided for conferring rights of occupancy in the lands in the possession and cultivation of, kadim tenant, permanent tenants, quasi permanent tenants, holders of minor inams to which the act applied and the holders of minor inams to which the act was not applicable, respectively. ..... , 1-2-1959 and as the inamdar had brought the lands under cultivation prior to the date of vesting, the lands did not retain the character of tank or tank bed, immediately prior to the date of vesting and therefore they would not fall within the excepted categories and therefore the inamdar was entitled to have the occupancy rights of these lands.14. ..... 'the tribunal instead of setting aside the order of the special deputy commissioner on the ground that it was not a speaking order and remitting the matter to the special deputy commissioner for making a fresh order in accordance with law, proceeded to allow the application of the inamdar and granted the occupancy rights on the basis that as the special deputy commissioner had stated that the two items of land, in question were 'kharab lands' and as no such item was found included in the clause (i) of section 9 (1) of the act, the inamdar was entitled to the grant. ..... veera reddy : [1981]1scr73 and of this court in v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1988AP62
..... le exemption of 2,29,944 square metres (roughly equivalent to 54 acres) in ]3havanipuram, vijayawada urban agglomeration under section 20(1) of the urban land (ceiling and regulation) act, 1976 in favour of the vijayawada hardware & iron merchants association is arbitrary, illegal and opposed to the directive principles contained in article 39(b) and (c) of the constitution and the provisions of section 23(4) of the urban land (ceiling and regulation) act; (g)the permission granted by the government in govt. ..... apart from discharging duties of a total character assigned to him by the union of india under article 116(2) of the constitution, his services are requested by the supreme court of india under article 143 of the constitution when the president of india seeks the opinion of the supreme court on any question of law or fact arising in a matter of public importance. ..... krishna & company and after litigation between the parties a decree was passed in favour of the later, and the sale deed was executed in their favour in 1981, the award was passed in june. ..... he submitted that in the process of correcting executive errors the court should not enter into political arena on policy decisions which are, by the constitution, exclusively vested in the executive. ..... home secretary, kerala, : air1983ker59 and bhagwat dayal sharma v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC1125; 1997(1)BLJR735; (1997)1CALLT55(SC); 83(1997)CLT815(SC); 1997(92)ELT318(SC); [1997]228ITR725(SC); JT1997(3)SC589; 1997(1)MPLJ621; 1997(I)OLR(SC)408; 1997(3)SC
..... 's case where it was held that under our constitutional scheme, only the constitutional courts have been vested with the power of judicial review of legislative action; (iii) while the provisions of the act do not purport to affect the sacrosanct jurisdiction of the supreme court under article 32 of the constitution, articles 323a and 323b allow parliament to pursue such a course in future and are therefore liable to be struck down; (iv) the decision in sampath kumar's case was founded on the hope that the tribunals would be effective substitutes for ..... each state or for two or more states; (b) specify the jurisdiction, (b) foreign exchange, import powers (including the and export across customs powers to punish for frontiers; contempt) and authority which may be exercised by each of the said tribunals; (c) provide for the procedure (c) industrial and labour (including provisions as to disputes; limitation and rules of evidence) to be followed by the said tribunals; (d)exclude the jurisdiction of all (d) land reforms by way of courts, except the jurisdiction acquisition by the state of of the supreme court under any estate as defined in article 136 ..... union of india : (1981)illj193sc and delhi judicial service association v. ..... state of kerala : air1973sc1461 , special reference no. .....
Tag this Judgment!Court : Delhi
Reported in : 2001IVAD(Delhi)1018; 92(2001)DLT5; 2001(60)DRJ833; 2001(2)JCC193
..... a.s.negi deposes that in 1981, a-2 met him and wanted information about the transport aircraft which had landed at palam. ..... classified material recovered from the house of the accused which has been deposed to by witnesses as also the recovery of unlicensed gun and foreign liquor beyond permissible limits which stands amply proved from the material on record, i am satisfied that a-1 is guilty under section 3(2) of the act for having in his possession the restricted documents ex.pw-32/a, ex.pw-36/b-1 and ex.pw-36/b-2. ..... commodore l.allen, pw-35, deposes that a-2 came to his office on a number of occasions and wanted information from him regarding air to air missiles and surface to air missiles of soviet origin which group captain, ashok goel, pw-52, deposes to the effect that a-2 reached his office and wanted information regarding operational requirement of futuristic helicopters likely to be acquired by indian air force.28 ..... 27.1.1984, a formal complaint under sections 13(3), 3, 5, 6 and 9 of the act read with section 120b of the indian penal code along with the report under section 173 of the criminal procedure code were filed in the court of the learned acmm, new delhi. ..... a matter of fact, it is admitted before me that ex.pw-5/3a is the identity card issued to a-3 while in service and that the same card continued to be used by him together with the requisite permission enabling him to use the defense libraries. ..... shukla air 1990 sc 1382 and saju vs, state of kerala : [2000]2scr65 . .....
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