Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... such rights, or(b) the taking over of the management of any property by the state for a limited period either in the public interest or in order to secure the proper management of the property,or(c) the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or(d) the extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or ..... repeal in section 29(4) of the ceylon constitution were read by the judicial committee to cover an amendment or repeal by inconsistent act ..... 13(2) to operate on any thing other than ordinary law to limit the extent and ambit of the power under article 368 in which there is no reference to a law, by including within the ambit of the definition of 'law' in article 13(3)(a) for purposes of article 13(2), an amendment effected under article 368, is to restrict the power of amendment by a strained construction or to impute to the framers of the constitution a ..... the press is prohibited or where it is sought to be broken up under article 39(b) and (c) and the printing presses and undertakings of such a press are acquired under a law, should the citizens be deprived of their right to start another ..... manu and parashara which run as follows:(1) anye krita yugay dharmaah tretaayam duaaparey parey anye kali yugey nreenaam yoga roopaanusaaratah ..... be subject to amendment by any future parliament .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALT611
..... section 9(a) and (b) of the act, until the bank issues necessary guidelines in this behalf.7(6): plan for realization :(i) every securitisation company or reconstruction company may, within the planning period, formulate a plan for realization of assets, which may provide for one or more of the following measures:(a) rescheduling of payment of debts payable by the borrower;(b) enforcement of security interest in accordance with the provisions of the act;(c) settlement of dues payable by the borrowers;(d) change or take over of the management ..... successful bidder, and in part payment of consideration thereof :3.3.2: bidder shall within 15 days of this letter, on the day of first meeting of board of directors of spgl held after the date hereof, execute and procure execution of a definitive agreement by spgl and such existing promoters of spgl as may be required by arcil, as per draft attached hereto as annexure 'b'.3.3.3: the bidder shall within 15 days of this letter, execute a corporate guarantee in favour of existing ..... from time to time in respect of the new project and such other contracts and agreements that may be executed afresh for implementation of the new project, including all the necessary and incidental undertakings, powers of attorney, declarations, bonds, certificates, no-objections, new project clearances, approvals, and all the writings, deeds, instruments, documents in respect thereof:(i) the power purchase agreements;(ii) epc contract;( ..... : [1977]2scr828 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365
..... effect to the counter proposal without anything more, cannot be said to have been issued after consultation', the proposal was for a selective transfer definitely not in consonance with any policy government of india may have in contemplation which was firmly opposed and the counter ..... person returning to the bar after adoring the bench for a short-time, a system of taking an undertaking from an additional judge, that if offered he will accept ..... being what it is, it is inevitable that the view taken by a judge, perfectly bona fide though it may be, may not accord with the expectations of a section or group of persons believing in a particular social or political philosophy, but that cannot be a ground affording justification for making imputation against the judge or accusing ..... minister/union government and as such violates the requirements of article 222(1) of the constitution as laid down by this court in sankalchand sheth's case, 0065/1977 : [1978]1scr423 inasmuch as such mass transfers on alleged grounds of policy are outside its scope and further it reduces the efficacy of the ..... [1954]1scr674 , the constitutionality of the impugned ordinance ii of 1950 as well as of the act xxviii of 1950 which replaced it, whereunder the management of the mills was taken over and run by the directors appointed by the central government, was challenged by shri ..... same matter including a law adding to, amending, varying or repealing the law so made by the legislature of the state. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC916; 1979CriLJ792; (1979)3SCC646; [1979]3SCR78
..... the duty to interfere if it considers that the appellant should be sentenced 'differently', that is, to set aside the sentence of death and substitute in its place the sentence of imprisonment for life, where it considers, taking the case as a whole, the sentence of death to be erroneous, excessive or indicative of an improper exercise of discretion; but at the same time, the court must impose some limitations on itself in the exercise of ..... case may be, or had ceased to be such member or public servant; or (d) if the murder is of a person who had acted in the lawful discharge of this duty under section 43 of the code of criminal procedure, 1973, or who had rendered assistance to a magistrate or a police officer demanding his aid or requiring his assistance under section 37 or section 129 of the said code; or (e) if the murder has been committed by him, while under sentence of imprisonment for- life, ..... murder is brutal, lex talionis must not take over nor humane justice flee. ..... the resolution was withdrawn, but only after the government had given an undertaking that a transcript of the debate would be forwarded to the law commission, for consi- deration in the context of its review of ..... in 1808 romilly managed to repeal the elizabethian statute, which made it ..... feasible nor legally permissible for this court to give a definite connotation to the expression "special reasons" occurring in s. ..... yoga, in ..... south wales: capital punishment in india: the impact of the ediga anamma case-july 1977. .....
Tag this Judgment!Court : Mumbai
Reported in : [2009]149CompCas129(Bom); [2008]82SCL303(Bom)
..... the circumstances leading to the unjustified imposition of an agreement with onerous liabilities and also defeating some of the key requirements of the scheme which would enable the applicant and rel to take over the gas based energy undertaking of ril are set out in the correspondence exchanged between the nominees of shri anil ambani on the board of the applicant and nominees of ril who constituted the majority of the board of the applicant and establish ..... 'demerger', in relation to companies, means the transfer, pursuant to a scheme of arrangement under sections 391 to 394 of the companies act, 1956 (1 of 1956), by a demerged company of its one or more undertakings to any resulting company in such a manager that:(19aaa) 'demerged company' means the company whose undertaking is transferred, pursuant to a demerger, to a resulting company. ..... after hearing both the parties and considering the averments and denial as made and specially when for both the parties and their representatives/officials were definitely working and discussing the clauses till the date of its execution and even in the said board meeting, the representative of the applicants was present. ..... 1977 (47) com cases 352 has observed that 'if any difficulty arises in the working-out of a scheme, the court can modify the same so that its purpose can be achieved for the mutual advantage and benefit of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(5)ALT200
..... the proceeding of handing over by the forest range officer, mahabubabad on 13-2-2007 and taking over by the managing partner of the m/s.exotic granite exports had been laid emphasis by the learned senior counsel representing the writ petitioner in ..... where in exercise of the powers conferred by sub-section (1a) or sub-section (2) the central government or the state government, as the case may be undertakes prospecting or mining operations in any area in which the minerals vest in a private person, it shall be liable to pay prospecting fee, royalty, surface rent or dead rent, as the case may be, from time to time at the same rate at which it would have been payable under this act if such prospecting or mining operations had been undertaken by ..... that the public exchequer might be in advantageous position in the event of grant of lease to public corporation is definitely a relevant circumstance for the 1st respondent to consider exercising of power under proviso to rule 12(5) of the rules. ..... verifying the exact situation as to when exactly the 6th respondent resubmitted its application and therefore the petitioner through its counsel issued a notice under rule 15 of the writ proceedings rules, 1977 seeking inspection of the records of the forest department. ..... if, therefore, the claim of reservation in 1977 in favour of the public sector is upheld absolutely, and if we do not agree with the findings of rao that neither omc nor idcol deserve any grant, all that we can do is to leave it .....
Tag this Judgment!Court : Delhi
Reported in : 148(2008)DLT598; LC2008(2)35; 2008(37)PTC71(Del)
..... effect of the interlocutory injunction in the event of his succeeding at the trial is to postpone the date at which he is able to embark upon a course of action which he has not previously found it necessary to undertake; whereas to interrupt him in the conduct of an established enterprise would cause much greater inconvenience to him since he would have to start again to establish it in the event of his succeeding at the trial.save in the ..... enhancement in efficacy, the patent office, in the said order observed as follows: the opponent during the hearing raised the issue that the present compounds fall under section 3(d) of the indian patents act as the claimed compounds are obvious variants of prior art compounds and do not significantly differ in therapeutic efficacy over the compounds of prior article this issue was not taken in their representation. ..... is always a significant factor in assessing where the balance of convenience lies, and if the extent of the un-compensatable disadvantage to each party would not differ widely, it may not be improper to take into account in tipping the balance the relative strength of each party's case as revealed by the affidavit evidence adduced on the hearing of the application. ..... section 2 of the patent act is the definition clause; it inter alia, defines, inventions, ..... 1977 fsr 25, the court of appeal observed that even a limited injunction ensuring that a patient already on the drug in question should be continued to be supplied, as a condition .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(4)Raj2528; 2004(4)WLC219
..... case the question was not as to whether banasthali vidyapeeth falls within the definition of 'state' under article 12 of the constitution, rather the controversy was, as to whether it falls within the expression 'non governmental education institution' as defined in section 2(p) of the rajasthan non government educational institutions act, 1989, and it was held, that since it was notified to ..... memorandum of association that in case the society or the college is not functioning properly, the state government will have the power to take over the administration and assets of the college with the prior approval of the central government. ..... then on facts, it was found in para 27, that the company is managed by the directors nominated by the government or financial institutions, in the year 1977-78, out of seven directors five were the nominees of the government or financial corporation, in 1981-82 there was one director of the kamani group and rest were the nominees of ..... the constitutional philosophy of a democratic socialist republic requires the government to undertake a multitude of socio-economic operations and the government, having regard to the practical advantages of functioning though the legal device of a corporation, embarks on myriad commercial and economic activities by resorting ..... also has the power to frame, amend or repeal the bye-laws of csir but only with the ..... two yoga centers, to offer theoretical and practical training, of science of living, preksha meditation & yoga, and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1991(61)FLR73]; JT1990(2)SC490; (1990)IILLJ70SC; 1990(1)SCALE878; (1990)3SCC682; [1990]3SCR111; 1990(2)LC293(SC); (1990)3UPLBEC2119
..... under an agreement dated august 1, 1895 between the secretary of state for india in counciland the railway company, the secretary of state could purchase and take over the undertaking after giving railway company a notice. ..... , as he then was, speaking for the five judges bench said that in hariprasad this court was called upon to consider the true scope and effect of the concept of retrenchment as defined in section 2(oo) and it held that the said definition had to be read in the light of the acceptedconnotation of the words, and as such, it could have no wider meaning than the ordinary connotationof the word and accordingto this connotation retrenchment meant the discharge of surplus labour ..... reported in : (1978)illj1sc where the post of motion setter was abolished and the respondent was given a jobof a trainee on probation for the post of assistant line fixer and the management found him unsuitable for the job even after extending his probation period upto nine months and offered him the post of fitter on the same pay and the respondent instead of accepting the ..... the presiding officer, labour court, : (1977)illj1sc the question was whether termination of service by efflux of time was termination of service within the definition of retrenchment in section 2(oo) of the act. ..... retrenchment was not defined either in the repealed trade disputes act, 1929, or in the industrial disputes act, 1947, as originally enacted. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD1; 2004(1)ALT659
..... out provisions in respect of powers, functions and property of the gram panchayat including provisions relating to vesting of public roads, communal properties and management of ferries, in the gram panchayat.chapter-iii sets out provisions relating to taxation and finance, powers and the limitations thereon and provisions in respect ..... by expressing its will to legislation or subordinate legislation to what extent such control should be and that in the working of the system the state government may have to take necessary steps to improve the system and in doing so if it is felt that the excessive control due to official powers or participation vis-a-vis elected representatives are to ..... the gram panchayat institutions as part of the social and cultural traditions in territories that now comprise our nation, developments that have occurred over time including in the post independence era and the constitutional and legislative dynamics that have since occurred, to ascertain the purposes and ..... act and corresponding provisions of the repealed act, no further powers had been conferred on these local bodies and this is definitely ..... -section (1) by section 60 at such rates and with effect from such date not being earlier than the first day of the year immediately following that in which the order is published, as may be specified in the order.such direction may be issued in respect of all buildings in a gram panchayat or in respect of only buildings belonging to the undertakings ..... 1977 .....
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