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Judgment Search Results Home > Cases Phrase: white phosphorus matches prohibition act 1913 section 2 definition Page 1 of about 333 results (0.165 seconds)

Sep 13 2007 (HC)

State by Sub-inspector of Police Vs. Satish Shetty and ors.

Court : Karnataka

Reported in : 2008CriLJ2490; ILR2008KAR1432; 2008(5)KarLJ50; 2008(2)KCCR929; 2008(3)AIRKarR96; 2008(3)AICLR396(DB)

..... 2007 air scw 456, bringing to our notice the law laid-down by the supreme court what exactly constitutes dowry as defined under section 2 of the dowry prohibition act and submits that every demand for money including the urgent domestic need of the son-in-law do not constitute demand for dowry. ..... at or before or any time after the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the muslim personal law (chariat) applies.in view of the aforesaid definition of the word 'dowry' any property or valuable security should be given or agreed to be given either directly or indirectly at or before or any time after the marriage and in connection with the marriage of the said parties. ..... contents of ex.p.9-complaint of the mother, but also in her statement before the taluk executive magistrate under inquest proceedings reveal that from the beginning, the kith and kin of the deceased were definite that the deceased would never commit suicide and some fishy thing has happened. ..... as a matter of fact, sub-section (a) of section 304b ipc is the definition of dowry death and the presumption goes against the husband or relatives for such dowry death of the woman if it was within 7 years ..... even able to see the dead body of the deceased till 22-11-1993, in all probability she waited for the arrival of her brother, only after attending the inquest proceedings, they were definite about the cause of death and therefore, they lodged a complaint on 22-11-1993.24. .....

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Sep 13 2007 (HC)

State by Sub Inspector of Police Vs. Satish Shetty and ors.

Court : Kerala

Reported in : II(2008)DMC132; ILR2008(2)Kar1432; 2008(5)KLJ50; 2008(2)KCCR929; 2008(3)AIRKarR96; 2008CriLJ2490; 2008(3)AICLR396(DB)

..... i (2007) dmc 143 (sc) : 2007 air scw 456, bringing to our notice the law laid down by the supreme court what exactly constitutes dowry as defined under section 2 of the dowry prohibition act and submits that every demand for money including the urgent domestic need of the son-in-law doexs not constitute demand for dowry. ..... other person, at or before or anytime after the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the muslim personal law (shariat) applies.in view of the aforesaid definition of the word 'dowry' any property or valuable security should be given or agreed to be given either directly or indirectly at or before or any time after the marriage and in connection with the marriage of the said parties. ..... mother, but also in her statement before the taluk executive magistrate under inquest proceedings reveal that from the beginning, the kith and kin of the deceased were definite that the deceased would never commit suicide and some fishy thing has happened. ..... as a matter of fact, sub-section (a) of section 304b, ipc is the definition of dowry death and the presumption goes against the husband or relatives for such dowry death of the woman if it was within 7 ..... able to see the dead body of the deceased till 22.11.1993, in all probability she waited for the arrival of her brother, only after attending the inquest proceedings, they were definite about the cause of death and, therefore, they lodged a complaint on 22.11.1993.24. .....

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Apr 07 1970 (SC)

Agarwal and Co. Vs. Commissioner of Income-tax, U.P.

Court : Supreme Court of India

Reported in : (1970)2SCC48

..... the counsel urged that the second limb of section 4(3) of the indian companies act, 1913, proceeds on the erroneous impression that a joint hindu family can enter into a partnership, which in law it cannot as it has ..... question that falls for decision is whether on the facts and in the circumstances of the case registration under section 26(a) of the indian income tax act, 1922 (to be hereinafter referred to as the act) was rightly refused to the appellant firm on the ground that the partnership in question violated the provisions of section 4 of the indian companies act, 1913.2. ..... his contention was that in view of section 4(3) of the indian companies act, 1913, once the income tax officer comes to the conclusion that one of the partners of a firm is a representative of a joint family, he must deem that the adult members of that family are also ..... hence the partnership must be held to have been validly formed as law did not at the relevant time prohibit any one, otherwise competent to contract from entering into a contract of partnership even though, the beneficial interest in his ..... this definition cannot be imported into the partnership act, the provisions of which alone are relevant for finding as to ..... sivakashi match exporting co.10 this court held that the combined effect of section 26-a and the rules made thereunder was that the income tax officer could not reject an application made by a firm if it gave the necessary particulars prescribed by the rules and if there was a firm .....

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Jan 10 1956 (HC)

DIn Dayal Vs. State

Court : Allahabad

Reported in : AIR1956All520; 1956CriLJ1031

..... by special acts made, conclusive evidence of the facts stated in them, for example, section 114 of the companies act (1913), section 381 of the succession act (1925), section 61 of the christian marriage act (1872), and section 11 of the oaths act (1873). ..... where in any sample of ghee the saponification value and or reichert-wollny value are less than those specified above, it shall, unless the contrary is proved, be deemed for the purposes of the act that the ghee is not of the prescribed standard by reason of the addition thereto of extraneous fat or oil.the words 'unless the contrary is proved' are important and they indicate that if on ..... lay down or indicate any standard for the guidance of the executive or of an officer, but confers absolute, naked and arbitrary powers on the executive or upon the officer, the validity of such an act will be open to challenge under article 14.in the present case it has to be seen whether the legislature has laid down any standards for the guidance of the public analyst or whether it has conferred ..... discrimination practised by an executive or administrative officer or body in carrying out the provisions of an act which are themselves fair is within the prohibition of article 14.10. ..... the definition of 'conclusive proof' is as follows:'when one fact is declared by this act to be conclusive proof of another the court shall, on proof of the one fact, regard the other as proved and shall not allow eyidence to be given for the purpose of disproving .....

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Nov 26 2007 (HC)

Harinarayan G. Bajaj Vs. Union of India (Uoi), Through Secretary, Mini ...

Court : Mumbai

Reported in : 2008(1)ALLMR604; 2008(2)BomCR780; [2009]147CompCas579(Bom); [2008]82SCL79(Bom)

..... submitted that the aforesaid principle was laid down by the supreme court in a case under section 153c of the companies act, 1913 (corresponding to section 397 of the companies act, 1956). ..... 1994 takeover regulations and the 1997 takeover regulations would enable us to effectively deal with the rival contentions of the parties before us:19941997regulationno.takeoverregulationregulationno.takeoverregulationregulation 2 (b)definition of acquirer:'acquirer: means any person who acquires or agrees to acquire sharesin a company either by himself or with any person acting in concert with theacquirer:.regulation 2 (b)'acquirer: means any person who, directly or indirectly acquires oragrees to acquire shares or voting rights in the target company, ..... these inter alia included sebi'sright to initiate criminal prosecution under section 24 of the sebi act, issue directions to the person found guilty not to further deal in securities, prohibit him from disposing of any securities acquired in violation of the regulations, or direct him to sell shares acquired in violation of the regulations and take action against the concerned intermediary who is ..... bhagwati committee, and, therefore, suggested amendments in the 1994 regulations, and which finally led to the 1997 regulations has been recognised by the hon'ble supreme court in its decision in the swedish match case (2004) 122 comp case 83. ..... substantiate his contentions, the learned senior advocate placed reliance on swedish match ab and anr. v. .....

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Jun 14 2011 (HC)

Jer Rutton Kavasmanek and anr. Vs. Gharda Chemicals Ltd. and ors.

Court : Mumbai

..... invitations to the public to subscribe for any shares in, or debentures of, the company; (d) prohibits any invitation or acceptance of deposits from to persons other than its members, directors or their relatives; provided that where two or more persons hold one or more shares in a company jointly, they shall, for the purposes of this definition, be treated as a single member; (iv) "public company" means a company which -- (a) is not a private company; (b) has a minimum paid up capital of five lakh rupees or such ..... thus, the expression "freely transferable" in section 111a does not mean that the shareholder cannot enter into consensual arrangement/agreement with the third party (proposed transferee) in relation to his specific shares if the company wants to even prohibit that right of the shareholders, may have to provide for an express condition in the articles of association or in the act and rules, as the case may be, in that behalf. ..... 125] mr.samdani, learned senior counsel has contended that even if gcl is a public company, still going by the definition of the term "private company" as appearing in the companies act, 1956, the character and nature of such a company is never lost upon it becoming a public company or losing its status and identity as a private company. .....

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Jan 19 1973 (SC)

Official Liquidator, Supreme Bank Ltd. Vs. P.A. Tendolkar (Dead) by Lr ...

Court : Supreme Court of India

Reported in : AIR1973SC1104; [1973]43CompCas382(SC); (1973)1SCC602; [1973]3SCR364

..... it will be seen that, while section 235 of the act of 1913, like section 543 of the companies act of 1956, to which it corresponds, gives the power to the court to enquire into the conduct of 'any past or present director', yet, both section 235 of the act of 1913 and section 543 of the companies act of 1956 confine the power of the court to make orders for repayment or restoration of money or property or contribution to the assets of the company ..... under article 133(1)(a) of the constitution by the mysore high court where the orders of the learned company judge, in misfeasance proceedings, under section 45h of the banking companies act, 1949, (hereinafter referred to as ''the act'), read with section 235 of the indian companies act, 1913, (hereinafter referred to as the act of 1913') had been modified by a division bench. ..... to be the total loss to the company due to the misfeasance of the board, as a whole, after all the directors had had clear and definite notice of the irregularities committed in the management of the bank from the reserve bank's first report, although the division bench had itself held that the total ..... the director's other than the managing director could not be made liable before the reserve bank report came to their knowledge in match 1951, observed that a good deal of evidence, which may have been available if the official liquidator had asked for the public examination of the directors under section 45g of the act, could not be placed before the court. .....

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Feb 09 1965 (SC)

Punjab Distilling Industries Ltd. Vs. Commissioner of Income-tax, Punj ...

Court : Supreme Court of India

Reported in : [1965]3SCR1; 1965AIR1862

..... (4) whether the accumulated profits could be considered as dividend deemed to have been distributed in the assessment year 1955-56 in view of the certificate granted by the registrar of companies under section 61(4) of the indian companies act, 1913, or could be considered us dividend deemed to have been distributed in the assessment year 1956-57 because the debits of refunds were actually made in the accounts of the shareholders during the accounting period of the assessment year ..... chatterjee contends that while the said entry 54 enables the appropriate legislature to impose a tax on "income", the legislature by enlarging the definition of dividend so as to include the amount received by a shareholder towards the share capital contributed by him, which cannot possibly be income, seeks to tax a capital receipt, and, therefore, the said clause is ultra vires the central legislature. ..... learned counsel for the appellant contends that under the companies act a company can lawful1y reduce the share capital with the sanction of the court, that there is no prohibition thereunder against such a reduction being made by way of distribution of accumulated profits to the shareholders, that the amounts so paid to them would be in law capital receipts and that, therefore, there could not be in law or in ..... of the total income of the company as dividends on the ground that the object of the section was to prevent avoidance of super-tax by shareholders of a company in which the public were not .....

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Feb 22 1995 (HC)

N.P. Amrutesh and Another Vs. State of Karnataka and Others

Court : Karnataka

Reported in : AIR1995Kant290; 1996(6)KarLJ464

..... the prestige of the court is likely to be adversely affected, it is their duty to bring it before the court and seek proper remedy directing non-performance of such an act or to prohibit such persons from doing such acts which adversely affect or which has tendency of affecting the faith of the people, from the justice imparted by the court and therefore the petitioners have claimed to be entitled ..... recommendations of all india congress committee by its resolution of august, 1931, which read as under:--'the flag to be three coloured, horizontally arranged, as before, but the colours shall be saffron, white and green in the order stated here from top to bottom, with the spinning wheel in dark blue in the centre of the while stripe; it being understood that the colours have no ..... is prohibited under section 3 of the act is not the user but it is improper user of national flag or emblem that is prohibited, and if it is used for the objects and purpose referred to therein or akin thereto, the user may be termed as improper user and it is ..... basis, it appears to have been projected as that the orderly jamedar is always well competent to influence the decision of the court, and so, it is definite that in the public eye, the prestige of the court may go down and the litigants and public may think of developing contactswith jamedars and try to ..... indian trade marks act 1940, indian patents and designs act, 1911, indian merchandise marks act, 1889, and the indian companies act, 1913, .....

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Mar 05 1962 (SC)

The Management of Indian Cable Co., Ltd., Calcutta Vs. Its Workmen

Court : Supreme Court of India

Reported in : [1962(4)FLR444]; (1962)ILLJ409SC; [1962]Supp3SCR589

..... , it must be held that the calcutta office and the branches all form one establishment and that in that view as relief under that section could be granted only in relation to branches situate in other states, no part of the cause of action could be held to have arisen ..... appellant is a public limited company incorporated under the indian companies act, 1913, and it carries on business in the manufacture and sale of ..... the appellant a dispute can be an industrial dispute within this definition only when it is raised by workmen and not merely by ..... and the law was thus stated :- 'therefore, the applicability of the industrial disputes act to an individual dispute as distinguished from a dispute involving a group of workmen is excluded, unless the workmen as a body or a considerable section of them make common cause with the individual workman'. (p ..... contended for the appellant that the disputes raised by the respondent-workmen were not industrial disputes as defined in the act but merely individual disputes, and that in consequence the government had no power to refer them to a tribunal ..... but what we are concerned with to decide is : where did the dispute substantially arise now, the act does not deal with the cause of action, nor does it indicate what factors will confer jurisdiction ..... . 23 of the act which imposes a prohibition against strikes by any 'workman who is employed in any industrial establishment', 'could not cover a case of workmen in bombay striking against an employer with whom .....

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