Court : Mumbai
Reported in : 2002(1)BomCR419
..... . he, therefore, submitted that the parliament has made a deliberate departure from section 38 of the companies act, 1913, and section 155 of the companies act, 1956 as also from section 111 relating to private companies, under which the members of the company could apply for rectification ..... in our view, the proper way to construe a taxing statute, while considering a device to avoid tax, is not to ask whether the provisions should be constructed literally or liberally, nor whether the transaction is not unreal and not prohibited by the statute, but whether the transaction is a device to avoid tax, and whether the transaction is such that the judicial process may accord its approval to it. ..... .) ltd's case (supra) the court considered the definition of 'court' under section 2(ii) of the companies act, and came to the conclusion that in respect of any question raised within the peripheral field of rectification, there can be no doubt that the court as referred under section 155 read with section 2(ii) and section 10, namely, the company court alone had exclusive jurisdiction ..... it also ensures to existing shareholders a fair return on their investment, and permits any other person to make a matching bid which may ultimately benefit the shareholders of the company. ..... that interpretation is best which makes the textual interpretation match the contextual. .....
Tag this Judgment!Court : Mumbai
Reported in : [2002]109CompCas18(Bom)
..... can be seen from the legislative history of the companies act, the earlier provisions, namely section 23 of the companies act of 1857, section 34 of the companies act of 1866, and section 58 of the companies act, 1882, dealing with rectification were partly retained and partly altered in the companies act of 1913. ..... submitted that the question as to whether the contracts entered into in the present case were for doing prohibited acts was itself a doubtful proposition and in his submission no such prohibited acts had been indulged into by the defendants. ..... now, sections 34 and 35 of the act are made applicable to a 'person', an expression which in section 36 is altered to 'pauper'; and it is a of construction that where in the same act of parliament, and in relation to the same subject-matter, different words are used, the court must see whether the legislature has not made the alteration intentionally, and with some definite purpose ; prima facie such an alteration would be ..... the learned judges referred to the definitions of 'proved', 'disproved' and 'not proved' in section 3 of the indian evidence act and in terms held that woodroffe ..... raheja does not come within the definition of the concept of a relative as defined under section 6 of the companies act and, therefore, financing done through ..... , the court was to decide as to whether remuneration payable under the award was already included in the definition as it stood before this amendment and the court answered it in the affirmative. .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]84CompCas230(Guj)
..... the companies is exercised on a comprehensive view of the whole matter by one court alone is it possible to bring about this result by interpreting the word 'court' occurring in sections 391 and 394 in a manner which requires departure from its definition contained in section 2(11) having regard to the subject and context or is it a situation which can be remedied only by legislative intervention by way of amendment these are some of the most ..... which the petition for according sanction is presented earlier in point of time, say, by the transfer company, not only gives anticipatory sanction but also makes a conditional order giving consequential direction under section 394 including the direction as to dissolution, it might possibly be urged that it becomes functus officio upon the passing of such orders and that if any modification is made in the scheme by the ..... as to whether the allotment of shares to nocil and sushrupada can be said to be out of the unsubscribed portion of the issue and as a result, therefore, it could be said to be in breach of the prohibitive order of injunction issued by the city civil court, and, thirdly, if the answer to the second question is the affirmative, what is the effect on the rights of such shareholders ..... additional shares to non-members in exercise of their power under section 81(1)(d) of the said act in view of the prohibitive order of the city civil court is a moot question ..... if conferred on indian courts under section 153 of the indian companies act, 1913. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC17; (1974)2SCC777; [1975]2SCR138
..... : [1963]3scr858 , a judgment of the bench of five judges of this court held that the repeal of the punjab alienation of land act, 1900, had no effect on the continued operation of the punjab pre-emption act, 1913, and that the expression 'agricultural land' 'in the later act had to be read as if the definition of the alienation of land act had been bodily transposed into it. ..... the state of orissa contends that the definition of 'motor vehicle' in section 2(c) of the taxation act is not a definition by incorporation but only a definition by reference, and as such the meaning of 'motor vehicle' for the purpose of section 2(c) of the taxation act would be the same as defined from time to time under section 2(18) of the act- in ascertaining the intention of the legislature in adopting the method of merely referring to the definition of 'motor vehicle' under the act for the purpose of the taxation act, we have to keep in mind its purpose ..... the regulations under the motor vehicles act for registration and prohibition of certain categories of vehicles being driven by persons who have no driving licence, even though those vehicles are not plying an the roads, are designed to ensure the safety of passengers and goods etc. ..... to substantiate this proposition the appellants have produced before us certain notifications issued by the state of orissa under which vehicles beyond a certain laden weight are prohibited from plying on the roads. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC320; JT1991(6)SC184; 1991(2)SCALE844; (1991)4SCC699; [1991]Supp2SCR1
..... the court, as master of its own procedure, retains a residuary right to admit them where, in rare cases, the need to carry out the legislator's intention appears to the court so to require.with a view to correctly interpret the act which was the subject matter of that case, the history and the succession of events including the initial lowering the age of superannuation, the agitation consequent upon it, and the agreement that ..... address to the president for the removal of the judge concerned as well as the decision of the speaker of the 9th lok sabha to admit the motion and constitute a committee under the provisions of the judges (inquiry) act have lapsed with the dissolution of the 9th lok sabha.constitutional issues of some importance, therefore, arise as to the constitutional and the legal position and status of a motion for the removal of a judge under a ..... the same. the manner in which this section refers to 'motion' in the act for the first time without a definition or introduction clearly indicates that it is referring to that 'motion' which is ordinarily understood in the context of the two houses of parliament attracting ..... avoided. the article, accordingly, prohibits such a discussion except upon a motion for presenting an 'address' to the president for removal ..... ' [wrisley brown harward law review 1912-1913 684 at page 698) says:.thus an impeachment in this country, though judicial in external form and ceremony, is political in ..... quoting from 'harvard law review' (1912-1913 .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR1045
..... ' now, i have already pointed out that section 86b followed the language of section 151 of the english act of 1929 and section 204 of the english act of 1949 is in pari materia with section 151, and neither that section not the earlier section 151 contained any proviso of the nature engrafted on section 86b of our act of 1913. ..... in this connnection, i would point out that in the indian companies act of 1913 as originally enated there was no prohibition against transfer of an office by a director. ..... now these expressions which are definied by the legislature are always to be read in their context and as is usual in modern legislative practiced section 2 which gives definition begins with the words unless the context otherwise requres. ..... before i examine one or two of such sections i should refer to the definitions of director and managing director which are as under:section 2(13) director includes any person occupying the postion of director, by whatever name called.section 2(26) managing director means a director who by virtue of an agreement with the company or of a resolution passed by the company in general meeting or by it board of directors or by virtue of its memorandum or articles of association. ..... . from the fact, therefore, that expression managing director is defined in the act, it cannot be concluded that the definition of the word director is any way curtailed and that it cannot be deemed to include a managing director .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC212; (2006)1GLR294; [2006(2)JCR272(SC)]; JT2005(12)SC580; RLW2006(1)SC705; 2005(8)SCALE661; (2005)8SCC534; 2006(1)LC240(SC)
..... its progeny;'the statement of objects and reasons and the facts set out therein are of relevance and significance and hence are reproduced hereunder:'the existing provisions of the bombay animal preservation act, 1954 provides for prohibition against the slaughter of cow, calf of a cow, and the bulls and bullocks below the age of sixteen years. ..... lxxii of 1954, (hereinafter referred to as 'the principal act'), in section 5,-- (1) for sub-section (1a), the following shall be substituted, namely: '(1a) no certificate under sub-section (1) shall be granted in respect of -- (a) a cow;(b) the calf of a cow, whether male or female and if male, whether castrated or not;(c) a bull below the age of sixteen years;(d) a bullock below the age of sixteen years'; (2) for sub-section (3), the following sub-section shall be substituted, namely: '(3) nothing in this section shall apply to -- (a) the slaughter of any of the ..... would not mean that if a draught cattle ceases to be of utility for a short period on account of sickness or injury, it is excluded from the definition of 'draught cattle' and deprived of the benefit of article 48.28. ..... 'jurisprudence of concepts' produces a slot-machine approach to law whereby new points posing questions of social policy are decided, not by reference to the underlying social situation, but by reference to the meaning and definition of the legal concepts involved. ..... therefore, these bullocks could definitely generate more work output during winter, being a .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All1; 1960CriLJ1
..... admissible in evidence under both sections 21 and 27, evidence act, is actually received in evidence simply because it is admissible under section 27; any admission admissible under section 21 is hit by the general prohibition contained in section 162 and would not ..... to say that this difference in the values of the two statements has no existence at all, or that it has no rational connection whatsoever with the question of their admissibilily in evidence, it is not possible to strike down section 27 as unconstitutional.if there is a rational explanation for tile difference it is not for a court to sit in judgment over the legislature and hold that in spite of the rational connection no difference should have been made or ..... an accused person in custody should be excluded from evidence, decided in the interests of justice to make an exception in favour of the parts of such confessions, which are confirmed by subsequent facts, it enacted section 27.parts of such confessions obtained from accused persons not in custody confirmed by subsequent facts should also be similarly received in evidence, bat since hardly ever one comes across a case of a part of a confession made by an ..... taylor, (1913) 234 us ..... authority and the clause is not offended again-fit simply because as the result of the exercise of the power to classify some inequality may be occasioned; per white j. ..... (1913) ..... , (1913) 234 us 199: 58 law ed 1276 that 'a classification is not invalid because of simple inequality' and that the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All746
..... from an evacuee after 14-8-1947, by any mode of transfer, unless such transfer has bean confirmed by the custodian, or (2) belonging to any person who, after 18-10-1949, has done or does any of the acts specified in clause (e) of section 2 in which any such person has any right or interest to the extent of such right or interest; but does not include(i) any ornament & any wearing apparel cooking vessels or other household effects in the ..... nisi for prohibition to the general commissioners for the purposes of the income-tax acts for the district of kensington was issued prohibiting them from further proceeding upon an assessment made upon the applicant for the year ending 5-4-1913. ..... we feel it difficult to hold that, giving the full wide meaning to the words used in this definition, it is still necessary to come to the conclusion that a shareholder does not have 'any right or interest in any capacity' in ..... it is said that the definition of the words 'evacuee property' would include not only the share in the property of the evacuee but also the shares of his joint owners, if any, & that provision read with section 10, would place in the hands of the custodian vast powers for the purpose of securing & managing evacuee property belonging not only to the evacuee but ..... respondents 1 to 5 have initiated proceedings against the company which are now pending before respondent 4 under section 7 of the evacuee property act for adjudication of the muslim share-holders of the company as evacuees. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC493; [1961]2SCR371
..... to adjudicate upon its validity, the relevant provisions of the act under which the privilege is claimed as well as the provisions of section 162 which deal with the manner in which the said privilege has to be considered are equally applicable; and if the court is precluded from inspecting the privileged document under the second clause of section 162 the said prohibition would apply as much to a privilege claimed by the ..... that the legislature intended to place the privilege of the state in regard to official documents on a different footing than the other forms of privileges mentioned in the act in so far as it put a ban on the court permitting any evidence of the kind mentioned in section 123 from being given, so that if, unwittingly any evidence mentioned therein was sought to be given, the court would not permit it unless the other conditions ..... the enquiry in such a case is bound to be narrow and restricted; but the existence of the power in the court to hold such an enquiry will itself act as a salutary check on the capricious exercise of the power conferred under section 123; and as some of the decisions show the existence of this power is not merely a matter of theoretical abstraction (vide for instance, ijjat ali talukdar ..... service. the last test has given rise to mild but definite protests within the limits of judicial propriety by the learned judges who had the occasion to deal with the ..... to the observations of the lord chancellor in marconi's case (1913) 16 ..... (( ..... ( .....
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