Court : Karnataka
Reported in : [1967]37CompCas511(Kar)
..... . though the indian companies act, 1913, is repealed by section 644 of the companies act, 1956, section 647 of the new act provides that, where the winding up of a company has commenced before the commencement of the new act, the provisions of the new act with respect to winding up, except section 555(7) shall not apply, but the company shall be wound up in the same manner and with the same incidents as if the new act had not been passed. 56 ..... . 3 and 5 to 7 contended that the actual management of the bank was in the hands of the managing director as provided by the articles of association of the bank, that the directors placed confidence in the managing director, that the directors could not be expected to take part in the actual control over the staff, that the auditor of the bank did not point out any irregularity, fraud, misapplication or misappropriation by the staff or the managing director, that the directors had no reason to suspect the honesty of the managing director and of the staff and, hence, they cannot be ..... . the same view was followed by the bombay high court in the in re jehangir b ..... . i agree with what was aid by sir george jessel in hallmark's case (1878) 9 ch d.329, and by chitty j ..... .[1964]34 comp ..... ) [1964]34 comp. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(6)ALD582; 2005(6)ALT364
..... (in para 847 mandal) that this exercise should be entrusted to a permanent statutory body comprised of experts in the field and the reason underlying the enactment of the 1993 act is the recognition that such exercise and its consequence have critical implications for the equilibrium of our civil society, for the very basic constitutional value of equality and extended impact on vast sections of the indian population, both on those who find inclusion for affirmative benefits and on those excluded ..... it is here, and that in the fundamental rights that such a provision ought to be made for such minorities as the muslims, christians and the scheduled castes.then sir, i am opposed to the amendment moved by pandit kunzru ..... . 301, education department, dated 03-02-1964 scrapping the lists of backward classes with effect from 01-04-1964 and further ordering to give financial assistance to economically poorer sections having annual income of ..... . : [1964]6scr368 (chitralekha) the supreme court considered certain objections to the implementation of the mysore government's order dated 26-7-1963 whereby backward classes were identified only on economic and occupation criteria without ..... (emphasis supplied)the following observations at air para 147 of venkataramiah, j, need to be noticed.there is one other basis on which a classification made for purposes of article 15(4) and 16(4) of the constitution has received the approval of this court in chitralekha's case : [1964]6scr368 ( .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1955; (1980)4SCC136; [1980]3SCR331; 1981(13)LC87(SC)
..... the ordinance and the act were challenged in the high court on the following grounds :(1) the state legislature had no legislative competence to enact it; (2) the act violated article 31 of the constitution because the acquisition was not for a public purpose and the compensation proposed in the act was illusory; (3) the act was in breach of article 19(1)(f) and (g) of the constitution; (4) the act infringed the guarantee of equality enshrined in article 14 of the constitution.a division bench of the high court by a common judgment dated may 3, 1979, repelled the contentions on behalf of the petitioners and upheld the constitutional validity, of the act. ..... act 23 of 1971) ('act' for short), the ordinance was repealed and was replaced. ..... it thus clearly transpires that the observation in cooper's case supra extracted above that power to legislate for acquisition of property is exercisable only under entry 42 of list iii and not as an incident of the power to legislate in respect of a specific head of legislation in any of the three lists, is borne out from rajamundary electric supply corporation case and maharajadhiraja sir kameshwar singh's cases (supra).18. ..... union of india : [1964]1scr371 . ..... : [1964]4scr461 , baijnath kedia v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(1)ALD28; 1998(6)ALT318
..... in abdul khader 's case (supra) the question that arose for consideration was whether the provisions in the luxury tax on tobacco (validation) act (9 of 1964) enacted by the state legislature of kcrala are void on the grounds that (1) the state legislature lack in the legislative competence to enact the act; and (2) the provisions of the act were not protected by article 301 of the constitution of india. ..... petitions are filed challenging the validity of the andhra pradesh tax on luxuries act, 1987 as amended by act no.28 of 1996 (hereinafter referred to as the impugned act) on the ground that it is ultra vires articles 14, 245, 246, 265, 269, 286, 301 and 304 of the constitution of india and, therefore, unconstitutional and void as the purported levy of the tax is in effect and substance a tax on sales and, therefore, void, and ultra vires the section 15 of the central sales tax act, 1956, and consequently the 1st respondent has ..... it was argued that the provision in section 78 of madras district boards act imposing the land cess quoad royalty under mining leases must be held to be repealed by the mines and minerals (regulation and development) act, 194s (central act lie of 1948) or in any event, by the mines and minerals regulation and development act, 1957 (central act lxvii of 1957) so that after the date when these central enactments came into force the land cess that could be levied under section 78 must be exclusive of royalty ..... swami goundan , where sir maurice gwyer, cj. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H480
..... . 15(1) of the act, besides the one of taking note of the changes witnessed by the society between the years 1913 and 1960, like the partition of the country leading to the settling of the displaced persons in villages thus loosening in consequence the compactness of the village society, the amelioration of the conditions of the tenants, as already observed by giving them right in the land which they tilled, was to shorten the list of the pre-emptors and remove therefrom such persons whose inclusion therein, of course, had earlier been partly dictated by the land alienation act, 1900, ..... apart from the preceding ordinances the punjab tenants and security of tenures act, 1950 and the punjab tenants (security of tenures) (amendment) act, 1951, were hurriedly brought on the statute book and then repealed and substituted by the punjab security of land tenures act, 1953. ..... thus, what the legislature clearly intended and effectuated by the amendment introduced, the punjab act 13 of 1964 would be completely negated.36. ..... . sirs, (1980) 1 wlr 142 :'legal system differ in the width of the discretionary powers granted to judges; but in developed societies limits are invariably set, beyond which the judges may not go ..... ''this was again more authoritatively laid down by sir john edge in delivering the judgment in kumar digamber singh v. ..... 'in this particular jurisdiction the rationale of the custom of pre-emption was noticed in the following terms by sir james m. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(5)ALD416; 1999(5)ALT326
..... the learned standing counsel for the petitioner also contended that the life span of the award made by the industrial tribunal in id no.39 of 1987 is only one year as per section 19(3) of the act, and it is open to the parties to terminate the award under sub-section (6) of section 19 of the act, and, therefore, it cannot be contended that the award is likely to be in favour of the second respondent and that will be in force till the second respondent completes ten years of service in category v. ..... , they are designed to protect the workmen concerned during the course of industrial conciliation, arbitration andadjudication, against the employer's harassment and victimisation, on account of their having raised the industrial dispute or their continuing the pending proceedings, on the other they seek to maintain status quo by prescribing management conduct which may give rise to fresh disputes which further exacerbate the already strained relations between the employer and the workmen.section 33-a of the act reads: '33a special provision for adjudication as to whether ..... secondly, this case involves the very question of maintainability of the complaint filed by the second respondent under section 33a of the act, and if the court finds that the complaint is not maintainable in the sense that the second respondent is not a 'workman concerned', deciding the merits of the case i.e. ..... ramji singh, (1964) ii llj 143, clarified its observation in k.t. .....
Tag this Judgment!Court : Karnataka
Reported in : (1969)ILLJ97Kant; (1968)1MysLJ24
..... it is a matter of common knowledge that on account of large population and vast industrial and economic and other activities, the cost of living and the level of wages in the metropolis of bangalore are generally higher than those in the rest of the state, likewise, it is a matter of common knowledge that the cost of living and the level of wages in district headquarters and other industrial towns included in zone b, are generally higher than those in other towns and rural areas. ..... ghanshyam : air1962sc1110 : 'now it may be mentioned that the statute is not likely to provide in so many words that the authority passing the order is required to act judicially; that can only be inferred from the press provisions of the statute in the first instance in each case and no one circumstance alone will be determinative of the question whether the authority set up by the statute has the duty to act judicially or not. ..... 5(1)(b) of the act, on 9 december, 1964 a fresh notification containing proposals for fixing certain rates of minimum wages for different categories of employees in residential hotels and eating-houses. ..... sir narasimhamurthi seems to have overlooked that construction and maintenance of roads and building operations are scheduled employments and that in the work-charged establishment of the public works department a large number of workers are employed. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR1615; 1993(2)KarLJ259
..... in many decisions that whenever there is a public wrong or public injury caused by an act or omission of the state or a public authority which is contrary to the constitution or the law, any member of the public acting bona fide and having sufficient interest can maintain an action for redressal of such public wrong or public injury caused by an act or omission of the state or a public authority which is contrary to the constitution or the law, any member of the public acting bona fide and having sufficient interest can maintain an action for redressal ..... grosvenor hotel, london (1964) 3 all er 354 (ca)). ..... with the pleadings in the writ petition and if the pleadings are to be the only basis for the decision, the resultant position would in no way help the appellant; the release of the amount on 31.3.1992 and the order of the government of the said date as well as the subsequent agreement dated 10.8.92 are liable to be quashed on the ground of arbitrariness; non-consideration of relevant factors, such as: the need to purchase computers, availability of alternative suppliers, the suitability and qualitative merit of these particular computers as against other available computers in the market, the fairness of the price quoted .....
Tag this Judgment!Court : Kerala
Reported in : 2008(1)KLJ109; AIR2007NOC1100(SB)
..... spouse, or any son or daughter, of a deceased tenant who had been living with the tenant in the building as a member of the tenant's family.upto the death of the tenant and a person continuing in possession after the termination of the tenancy in his favour, but does not include a kudikidappukaran as defined in the kerala land reforms act, 1963 (kerala act 1 of 1964), or a person placed in occupation of a building by its tenant or a person to whom the collection of rents or fees in a public market, cart-stand or slaughterhouse or of rents for ..... step into his position.and that the heirs of tenants become entitled:to inherit the status and position of the statutory tenant on his death.the supreme court further held that:the heirs of the deceased tenant in the absence of any provision in the rent act; to the contrary will step into the position of the deceased tenant and all the rights and obligations of the deceased tenant including the protection afforded to the deceased tenant under the act will devolve on the heirs of the deceased tenant.there is specific and ..... that act was repealed by tamil nadu buildings (lease and rent control) act, 1964 (tamil nadu act 18/1964) ..... that we must look to what the purpose is', was said by lord cairns; and it was observed by sir john nicholl that 'the key to the opening of every law is the reason and the spirit of the law'. ..... to refer to one of the earliest decisions on this point, of the privy council and to quote sir george rankin ilm cadija umma .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1969Kant293; AIR1969Mys293
..... the learned munsiff held that the defendant was no an agriculturist as per the mysore agriculturists relief act and held that the plaintiff is not entitled to claim the benefit of the extended period of limitation under section 24 of the said act and dismissed the suit. ..... sri srinivas, learned counsel appearing on behalf of the petitioner has contended that the learned munsiff has failed to consider the question whether the respondent was an agriculturist on the date of the suit transaction namely, date of the suit pronotes.he argues that as per the full bench decision of this court in muttiah v. ..... if the original debtor was an agriculturist on the date of the suit transaction, it is immaterial whether his legal representative sued upon is an agriculturist on the date of the suit or not.the finding given by the learned munsiff is as follows:--'in view of the above discussion i hold that agriculture has been the sole occupation of the defendant and his income from agriculture has been about rs. ..... it is therefore clear that the learned munsiff did not apply his mind to the question whether the respondent was an agriculturist on the dates of suit transactions and no finding has been recorded by him that the respondent was not an agriculturist on the dates of the suit transaction. ..... the present amendment application was filed on 18-11-1964 and therefore, the claim would have been barred by time by one day. ..... sir basil scott, c. j. .....
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