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Search Results Judgments > Phrase:COMPANIES ACT, 1956 Preamble 1 Year:1967

Nov 23 1967

A. Sanjeevi Naidu and Ors. Vs. The Madras State Transport undertaking ...

  • Decided on : 23-Nov-1967

Court : Chennai

Reported in : (1970)1MLJ300

... Sections 68-A, 68-G, 68-D and 68-E of the Motor Vehicles Act, (ii) Section 68 (i) of the Act (iii) Rule 294-C and Rule 294-E of the Rules framed under the Act and (iv) the preamble to the scheme in form I, under Rule 294-C, which was actually promulgated ... independent authority, in the shape of a corporation, has been established by the State Government under Section 3 of the Road Transport Corporation Act, 1950. There is no company or corporation also operating these services which can be said to be controlled or owned by the State Government. The Transport Department of the ... , and refers to Vine v. National Dock Labour Board L.R (1957) A.C. 488 : (1957) 2 W.L.R. 106 : (1956) 3 All E.R. 939, for an act beyond the scope of the delegation. The author points out that procedural ultra vires under the several categories relating thereto,applies, in ... defined in the sub-section, with a corresponding divestiture of the Governor of any responsibility in the matter, whereas under Section 49, Sub-section (1), of the Act of 1935 the Governor remains responsible for the action of his subordinates taken in his name.50. This decision is clear authority for the ... form its opinion according to the rules governing its constitution. If it is a company, its decision or opinion is formed according to the articles of the company. A Road Transport Corporation established under sections of the Road Transport Corporation Act, 1950, is a body corporate having perpetual succession and a common seal. It ...

May 19 1967

Sushil Chander Anand Vs. State of U.P. and Ors.

  • Decided on : 19-May-1967

Court : Allahabad

Reported in : AIR1969All317

... Jagdish Sahai, J.1. These are five connected writ petitions in which vires of the Uttar Pradesh Vritti, Vyapar, Ajivika Aur Sevayojan Kar Adhiniyam, 1965 (hereinafter referred to as the Adhiniyam), passed by the Uttar Pradesh Legislature has been challenged on the ground that the same is unconstitutional.2. The preamble of the Adniniyam reads:'An Act to provide for the levy of ... to be an excise duty outside the purview of Article 276 of the Constitution, A Division Bench of the Patna High Court in Calcutta Chemical Company Ltd. v. Bhagalpur Municipality : AIR1962Pat465 held a tax on joint stock companies transacting business graduated according to the capital value of the shares to be covered by Article 276 of the Constitution. It appeared that in ... to ascertain the policy underlying the statute and the object intended to be achieved by it. In this process the preamble to the Act and its material provisions can and must be Considered. Having thus ascertained the policy and the object of the Act, the Court should apply the dual test in examining its validity: Is the classification rational and based on intelligible ... a case of tax on circumstances and property imposed under the U. P. District Boards Act, but such a tax was held to be a composite tax including within its ambit taxes on professions, trades, and employments.39. In Western U. P. Electric Power and Supply Company Ltd. v. Town Area Jaswantnagar : AIR1957All433 , which also related to a tax on circumstances and ...

May 02 1967

Commissioner of Income-tax, Hyderabad Vs. Motors and General Stores (P ...

  • Decided on : 02-May-1967

Court : Supreme Court of India

Reported in : [1967]66ITR692(SC); [1967]3SCR876

... etc., for a consideration of Rs. 1,20,000/-. Mr. Narasaraju also referred to the preamble in which the resolution of the Board of Directors dated September 9, 1955 is quoted and also the resolution of the meeting of the general body of the assessee-company held on October 4, 1955, authorising the ... under section 66(2) of the Income-tax Act, 1922 on the following question of law : ' (1) Whether the transaction dated 21-2-1956 amounts to a sale within the purview of the second proviso to section 10(2) (vii) of the Indian Income-tax Act; alternatively, (2) Whether, the consideration for the ... the transaction of February 21, 1956 was a sale and whether the income-tax authorities were entitled to include the amount of Rs. 43,568/-as profits under section 10(2) (vii) of the Income-tax Act as representing the excess of the consideration realised by the assessee-company over the written down ... 1956-57, the assessee-company submitted a return of income showing a sum of Rs. 9,823/-as profits derived from the transaction. The Income-tax Officer found that the value realised exceeded the written down value by Rs. 43,568/- and accordingly computed the profits under section 10(2)(vii) of the Income-tax Act ... meeting of the general body of the assessee-company held on October 4, 1955, authorising the Managing Director to negotiate 'for the sale of the entire concern known by the name of Sree Rama Talkies'. But, in our opinion, neither the recital in the preamble nor the resolution of the Board of ...

Mar 21 1967

Shahdara (Delhi) Saharanpur Light Railway Co. Ltd. Vs. The Municipal B ...

  • Decided on : 21-Mar-1967

Court : Supreme Court of India

Reported in : AIR1967SC1747; [1967]3SCR243

... Act. 15. The Indian Tramways Act, 1902 (Act IV of 1902) was one to apply the provisions of the Indian Railway Companies Act, 1895, to certain tramway companies. The preamble to this Act IV of 1902, stated that it was expedient to apply the provisions of the Indian Railway Companies Act, 1895, to companies formed for the construction of tramways 'not differing in structure and working from light railways'. This preamble ... Act, except s. 135, have been extended to the appellant company. 14. The next enactment to be referred to is the Indian Railway Companies Act, 1895 (Act X of 1895), which provided for the payment, by railway companies, registered under the Indian Companies Act, 1882, of interest out of capital during construction. Section 2(1) defines ... of India Act, 1935, and the Constitution. The provisions of the Indian Railway Companies Act, 1895, have also been applied to the tramways constructed, under the Tramways Acts, by the Indian Tramway Act of 1902. The second preamble to the last mentioned Act, clearly shows that the tramways, to which the Indian Railway Companies Act was made ... company paying interest on its paid-up share capital, out of capital, for the period, and subject to the conditions and restrictions contained in that section. There are other consequential provisions, in this Act. 15. The Indian Tramways Act, 1902 (Act IV of 1902) was one to apply the provisions of the Indian Railway Companies Act, 1895, to certain tramway companies. The preamble to this Act ...

Feb 27 1967

I.C. Golak Nath and Ors. Vs. State of Punjab and Anr.

  • Decided on : 27-Feb-1967

Court : Supreme Court of India

Reported in : AIR1967SC1643; 1967(0)BLJR818; [1967]2SCR762

... , at least in so far as 'estates' as defined by Art. 31-A. This is the culmination of a process. 236. Previous to the Constitution (Seventeenth Amendment) Act the Constitution (Seventh Amendment) Act, 1956 had given power indirectly by altering entry No. 42 in List III. The entries may be read side by side : '42. (Before Amendment) (After Amendment)Principles on ... -B and the Ninth Schedule. The original thirty-first article read : '31. Compulsory acquisition of property. (1) No person shall be deprived of his property save by authority of law. (2) No property, movable or immovable, including any interest in, or in any company owning, any commercial or industrial undertaking, shall be taken possession of or acquired for public purposes ... to the individual and of Government to both and the rights of the minorities and the backward classes are clearly laid down. This social document is headed by a Preamble (PREAMBLE -WF, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN DEMOCRATIC REPUBLIC and to secure all its citizens; JUSTICE, social, economical and political; LIBERTY of ... [approved by Sankari Prasad's case : [1952]1SCR89 ], was found so attractive that many more Acts were sought to be included but were dropped on second thoughts. Even so, one wonders how the Railway Companies (Emergency Provisions) Act, 1951, The West Bengal Land Development and Planning Act and some others could have been thought of in this connection. By this device, which ...

Apr 06 1967

Standard Literature Co. Private Ltd. and Ors. Vs. Union of India (UOI) ...

  • Decided on : 06-Apr-1967

Court : Kolkata

Reported in : AIR1968Cal1,71CWN719

... The petitioner No. 1. Standard Literature Company Private Ltd. (hereinafter referred to as the 'company') is a company incorporated under the Indian Companies Act and the petitioners Nos. 2 and 3 are directors and shareholders thereof. Prior to September 19, 1963 and commencing from the year 1916, this Company was a tenant in ... 1955 S. C. 13, : [1954]26ITR713(SC) , : [1956]29ITR390(SC) and 64 Cal WN 1 :(AIR 1960 Cal 1691 (SB). 24. But where there is any guide line in the Act. which may be gathered from the objects and reasons or the preamble or the body of the Act, by which the classification ... company') is a company incorporated under the Indian Companies Act and the petitioners Nos. 2 and 3 are directors and shareholders thereof. Prior to September 19, 1963 and commencing from the year 1916, this Company was a tenant in respect of room nos. 22, 24, 27, 28 in the ground floor and Nos. 46. 62. 66, 57, 58, 60, 64, 65, 66, 66/1 ... of the Act are discriminatory and violative of Article 14 fails The result is that all the three objections taken against the vires of the Act fail In this particular case, a special point is taken that the appellant is a company incorporated under the Indian Companies Act and as ... lands The proviso to Section 1 of the West Bengal Premises Tenancy Act, 1956 states that the 1956 Act does not apply to any premises belonging to Government. Therefore, where the tenancy of a person has been properly determined under the Transfer of Propertv Act, then in the case of ...

Sep 18 1967

Chandra Bhavan (Boarding and Lodging), Bangalore and Ors. Vs. State of ...

  • Decided on : 18-Sep-1967

Court : Karnataka

Reported in : (1969)ILLJ97Kant; (1968)1MysLJ24

... in the matter of setting up one or the other of them. The purpose sought to be achieved by the Act has been well-defined in the preamble to the Act ... These and analogous provisions sufficiently indicate the purpose and scope of the Act as also the various industrial disputes which may arise between the employers and their workmen which may have to be ... contentions seriatim. I. The main provisions of the Act and scheme of the Act have been explained several decisions of the Supreme Court and it is unnecessary to repeat them here. Explaining S. 5 of the Act, B. K. Mukherjea, J. (as he then was), who spoke for the Court, stated thus in Edward Mills Company, Ltd., Beawar, and others v. State of Ajmer ... counsel for petitioners and the learned Special Government Pleader appearing for the State. Several contentions advanced by different counsel for the petitioners may be formulated thus : (i) Section 5(1) of the Act is violative of Art. 14 of the Constitution, as it confers unguided and uncontrolled discretion on the Government to follow either of the alternative procedures set out in Cls ... of wages by collective agreements or otherwise, and wages are exceptionally low.' For giving effect to those resolutions in India, the Central Legislature passed the Minimum Wages Act, 1948. 4. The preamble to this Act states that 'it is expedient to provide for fixing minimum rates of wages for certain employments,' and those list of industries enumerated in part I of the schedule ...

May 05 1967

Brijchandra Gordhandas Jagirdar Vs. The State of Gujarat and Anr.

  • Decided on : 05-May-1967

Court : Gujarat

Reported in : (1967)8GLR911

... refer to a few provisions of the Act. The Act was passed by the Legislature in implementation of its policy of agrarian reform and it was enacted, as its long title and preamble show, to abolish personal inams in the State of Bombay. Section 2(1)(e) defines 'personal inam' to mean:(i ... by the Powerful Government and whereas in view of their good wishes for Government and services rendered by them the English Company Bahadur (i. e. the East India Company) confer and settle upon the said two Gentlemen and their Farzandan (off spring, progeny, sons, daughters, children) from generation to generation, ... and the grantees were given the right to collect and appropriate 'for their subsistence' land revenue which was otherwise payable to the East India Company. The grant was intended to provide an 'annuity' for the maintenance of the grantees and their descendants from generation to generation and annuity was ... ' are not to be found in the Sanad. There is nothing in the Sanad which indicates, expressly or by necessary implication, that the East India Company intended that the ownership in the soil should pass to the grantees. On the contrary the Sanad makes it clear that the ownership in ... annual revenue of Rs. 2, 000/- and this revenue was being received by the East India Company from the occupants. The right to collect and appropriate this revenue was granted by the East India Company to the grantees in perpetuity 'from generation to generation' under the Sanad 'for their subsistence. ' ...

Feb 10 1967

C.P. Nagarajan Vs. Election Commissioner, (Principal Subordinate Judge ...

  • Decided on : 10-Feb-1967

Court : Chennai

Reported in : (1967)2MLJ393

... as only the preamble portion is found. Much reliance cannot therefore be placed on Exhibit A-15. But the correspondence between the Municipality and the Company cearly discloses that the Municipality entrusted its ambulance van to the company for repairs. The company quoted a sum of Rs. 3, 854 for body re-building. Subsequently an additional estimate was sent by the company to the ... the contracts in question here are not void simply because the Union Government could not have been sued on them by reason of Article 299(1).Referring to Section 7(d) of the Representation of the People Act, the Court held that the section does not require that the contracts at which it strikes should be enforceable against the Government and ... to the company. The agreement that was entered into is Exhibit A-l 5. Exhibit A-15 is not a complete document as only the preamble portion is found. Much reliance cannot therefore be placed on Exhibit A-15. But the correspondence between the Municipality and the Company cearly discloses that the Municipality entrusted its ambulance van to the company for repairs. The company ... Company, running an automobile workshop in Coimbatore Town. The Municipality entrusted its ambulance van for repairs to the company. The agreement that was entered into is Exhibit A-l 5. Exhibit A-15 is not a complete document as only the preamble portion is found. Much reliance cannot therefore be placed on Exhibit A-15. But the correspondence between the Municipality and the Company ...

Mar 27 1967

Baltimore & Ohio R. Co. v. United States

  • Decided on : 27-Mar-1967

Court : US Supreme Court

... 's a stock speculation venture, instead of a railroad business" said one director. Time, January 30, 1956, p. 76. Is the new Penn-Central Company also to be milked by predatory finance? Alternatively, if a regime as big and as ... 1, 19. The Commission's piecemeal, hands-off approach to the merger problem is, however, not commanded by the Transportation Act of 1940. There is no evidence that Congress intended to remove entirely the planning and policy function of the Commission with respect to rail consolidations. Indeed, such a position ignores the mandate of the preamble to the Act ... 1, 2, 3, 4, and 5, an agreement pertaining to the interests of E-L, D & H and/or B & M may be hereinafter entered by the merged company and the protected carriers, or any of them, which shall supersede the protection provided by such sections to the extent the agreement does not violate the provisions of the Interstate Commerce Act ... Company (D & H) and the Boston and Maine Corporation (B & M), three smaller competing carriers designated as the "protected railroads" by the Commission. These protected railroads had filed under 5(2)(d) of the Act applications for inclusion in both this merger and in Norfolk & W. Ry. Co. and New York, C. & St. L.R. Co. -- Merger, 324 I.C.C. 1 ... Commission permitting the merger of the Pennsylvania Railroad Company and the Page 386 U. S. 375 New York Central Railroad Company (Penn-Central) pursuant to 5(2) of the Interstate Commerce Act, as amended, 41 Stat. 481, 49 U.S.C. ...

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