Court : Mumbai
Reported in : [1971]41CompCas377(Bom); [1971]41ITR377(Bom)
..... section contain concise statement of the general rule of equity fully considered and accepted by the court of appeal in transvaal lands company v. new belgium (transvaal) land and development company. as pointed out by upjohn l.j., while sitting in the court of appeal in bolting v. associations of cinemato-graph, television and allied technicians : 'the ..... set out in the notice. this regulation corresponds to section 172(1) of the 1956 act which requires every notice of a meeting to contain a statement of the business to be transacted thereat. the privy ..... council decision in shamdasani's case was under the indian companies act, 1913, which did not contain any section corresponding to section 173(2) of the 1956 act. regulation 49 of table a of schedule 1 of the 1913 act, inter alia, required that, in case of special business, the general nature of that business should be .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1971Bom124; (1971)73BOMLR260; [1971(22)FLR268]; ILR1971Bom910; 1971LabIC429; 1971MhLJ69
..... authority of the central government. in our opinion, upon the circumstances we have set forth here and having regard to the provisions of the industries' (development and regulation) act, it is amply established that both these undertakings were being directly run under a department of the central government. in the two cases that fact ..... under the management of the authorised controllers and then to see what is the effect of those notifications having regard to the provisions of the industries (development and regulation) act under which the notifications were issued. 35. in the indu mills case the notification dated 29th november 1965 recites in the preamble that the ..... difficult of solution. one of those questions with which we have yet to deal is whether this establishment governed as it is by the industries (development and regulation) act and being under the control and management of the authorised controller was an establishment which was exempted under the provisions of section 32(iv) .....
Tag this Judgment!Court : Mumbai
Reported in : (1972)74BOMLR391
..... assam, the state legislature passed act no. 6 of 1955 providing for speedy acquisition of land for the public purpose of carrying out works or other development measures in connection with flood control or prevention of erosion on payment of compensation assessed on the basis of a multiple of the annual land revenue. the ..... contention advanced by mr. sorabji for the petitioners is that in the customs act there are no express provisions, like section 23d of the foreign exchange regulation act, furnishing guidelines for exercise of the discretion conferred by section 137 read with section 135 of the customs act, nor can such guidelines be ascertained from ..... machinery for implementing that policy in such a manner that such implementation does not result in undue or excessive hardship and arbitrariness.... as already stated, the regulation contains no principle or criterion on which the executive committee should grant or refuse to grant a licence or its renewal. it does not provide any .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1971Bom365
..... does not need much argument to realise that to the extent to which the union government had taken under 'its control' 'the regulation and development of minerals' so much was withdrawn from the ambit of the power of the state legislature under entry no. 23 and legislation of the state which had ..... ) of sub-section (1) of section 5 of the banking companies act, 1949 (now it is amended as banking regulation act, 1949) and includes any society, which is functioning or is to function as a land development bank under chapter xi. there are different kinds of societies for different purposes, such as federal society. agricultural marketing society ..... taken the same view in the orissa case cited above. it was dealing with the orissa mining areas development fund act enacted by the state of orissa while the central act no. 53 of 1948 namely. mines and minerals (regulation and development) act, 1957 was in existence. the following observations from paragraph 5 would be useful. 'it .....
Tag this Judgment!Court : Mumbai
Reported in : [1972]42CompCas190(Bom)
..... workers employed by the company are experienced and skilled workers in ship building and ship repair. the government of india have issued an order under section 15 of the industries (development and regulation) act, 1951, appointing a committee for the purpose of making a full and complete investigation into the substantial fall in the volume of production in respect of articles manufactured ..... its annexures. 12. this order shall be without prejudice to the rights of the central government to take over the management of the company under section 18a of the industries (development and regulation) act, 1951, or under any other law empowering the central government in that behalf. 13. costs of this hearing reserved.
Tag this Judgment!Court : Mumbai
Reported in : (1973)ILLJ330Bom; 1972MhLJ775
..... the ground that the principles of natural justice were violated and that the dismissal was in disregard of regulation 16(3) framed by the corporation under the agricultural produce (development and warehousing) corporations act, 1956. he asked for a declaration that the order dismissing him from service was null ..... misconception, because under s. 54(1) of the agricultural produce (development and warehousing) corporations act, 1956, the warehousing corporation could make regulations and rules only 'with the previous sanction of the appropriate government'. in both cases, therefore, the rules and regulations have to be sanctioned by the appropriate authority in order to ..... v. dist. board, agra, bank of baroda v. jewan lal mehrotra, and the u.p. state warehousing corporation ltd. v. tyagi, (supra), the supreme court came to the following conclusion : '... the regulations contain the terms and conditions which govern the relationship between the corporation and its employees. though made under .....
Tag this Judgment!Court : Mumbai
Reported in : [1974]44CompCas471(Bom)
..... however, no definition of the term 'undertaking' in the said act. section 2(h) enacts that, in such cases, the definition, if any, in the industries (development and regulation) act, 1051, is to apply, in that act also, there is, however, no definition of the term 'undertaking'. that term must, therefore, be given the ..... august, 1971, and aw stay of the operation of the said notification was obtained form that high court. pursuant to an amendment of the industries (development and regulation) act, 1951, another application for vacating the order appointing provisional liquidator and for the handing over of opposition of the properties and assets of the ..... stated above. the result was that the government of maharashtra moved the government of india, and by a notification issued under section 18a of the industries (development and regulation) act, 1951, published on the 31st of august, 1971, the present applicants were appointed as authorise controller to take over the management of the whole .....
Tag this Judgment!Court : Mumbai
Reported in : [1977]107ITR793(Bom)
..... of dividend reserve as such did not arise but the question was considered in relation to the amount set apart for plant modernisation and rehabilitation reserve, loss repatriation reserve and development rebate reserve. in respect of these specific types of reserves the supreme court took the view that the determination of the directors to appropriate the amounts to the three items .....
Tag this Judgment!Court : Mumbai
Reported in : [1980(41)FLR199]; (1981)ILLJ462Bom
..... statutory corporations which do provide for share capital and enjoin upon the government to subscribe to the same. few such enactments are : the warehousing corporation act, 1962, the agricultural refinance corporation act, 1963, the industrial development bank of india act, 1964, the unit trust of india act, 1944, the food corporation act 1964, the bank of india ..... the meaning of the income-tax act and shall be liable to pay income-tax. no doubt there is a ceiling on profit and its utilisation is regulated. shri phadke may be right in submitting that profit earning is not the only object of creating the board. the primary and dominant purpose of providing for ..... as defined in cl. 42 of s. 3 of the merchant shipping act, 1958,(iii) employees registered or listed under any scheme made under the dock workers (regulation of employment) act, 1948, and employed by registered or listed employers;(iv) employees employed by an establishment engaged in any industry carried on by or under the authority .....
Tag this Judgment!Court : Mumbai
Reported in : (1980)82BOMLR678
..... this reservation which is reflected in the statement of objects and reasons. the statement of objects and reason also refers to giving preference to the tourism development corporations, both national and state, the state tourist departments and to approved tourist car operators and travel agents in granting all india permits for tourist ..... chapter iv of the motor vehicles act provides for control of transport vehicles and various authorities are constituted and guidelines conferred on these authorities to regulate transport operators. to ensure that the powers conferred on the authorities are not misused and to ensure proper consideration of the claims of various competing ..... was submitted strenously and contended vigorously by the counsel for the petitioners that, if the object of the said act is expected to be the regulation of motor vehicle operators in order to subserve the public interest, then, the provision giving an almost absolute right to the state transport undertaking and .....
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