Court : Delhi
Decided on : May-10-1973
Reported in : 44CompCas228(Delhi); ILR1973Delhi322
..... and noticed before the term 'de facto' directors has been restricted to directors with defective appointment. no case has been cited in which the court has upheld the act of a 'pretended director' without any appointment. in other words, in no case the term 'de facto' director has been applied to a ..... their minds. a similar view was also taken by chopra, j. in fateh chand kad v, hindsons (patiala) ltd. a.i.r. 1956 pepsu 89. (42) without recording evidence it is hardly proper to go into the facts bearing on this contention. the materials on record do not show ..... which the decision to increase the capital was taken, was conducted would be possible only if detailed evidence is led on this question. in these circumstances bk. shiveharan singh vigorously concentrated on the sufficiency of the notice that was issued to the petitioner (and others) concerning the issue of right shares. ..... they were only de facto, did have notice of the alleged defects, and could not have validly allotted those right shares. probably realizing this difficulty bk. shivcharan singh mounted his attack upon the invalidity pertaining to the decision to issue right shares and to the illegality of the notice issued in this ..... informing the company of the restraint order, annexure b to the petition) that the allotment of right shares had been made on 4th december, 1972, bk. shiveharan singh wrote a long letter on the 9th december, 1972 (annexure d) informing yogesh c. gupta about his various legal contentions, also citing .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Dec-14-1973
Reported in : AIR1974P& H215
..... him by them, are briefly as under.2. the parties are residents of sunam. jagdish chand was practising there as hakim duly registered as medical practitioner under the pepsu ayurvedic and unani practitioners act, 2008 bk. he claimed to have taken examination conducted by the bhupindera tibbia college, patiala, in 1943 ad and passed the same and obtained diplomas of 'haziq-ul-hukama' ..... by the appellant and abhai kumar, in publishing pamphlets, which were bound to cause loss in his practice as hakim, were nominal. therefore, i find that the lower appellate court had assessed the barest amount of damages suffered by the plaintiff-respondent on account of the aforesaid malicious proceedings and the libel. it, thus, follows from the discussion above ..... aforesaid degree and diploma from one asghar ali, without taking the aforesaid examination, is not substantiated by any satisfactory evidence and was rightly turned down by the lower appellate court.10. exhibit p./a., which embodies the order of the registrar of the board, cancelling the registration certificate of the plaintiff-respondent and removal of his name from the ..... , controverted the other material allegations of jagdish chand and pleaded that they had made the aforesaid application to the board in good faith and not without any justification. the trial court framed the following issues:-(1) does the plaintiff possess qualifications mentioned in paras nos. 1 and 2? (2) is the plaintiff a registered practitioner, as alleged in para .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-24-1973
Reported in : AIR1973SC1461; (1973)4SCC225; SuppSCR1
..... law is made by the parliament or the state legislatures contravening even the most insignificant provision of the constitution, that law will be void. from that point of view the courts acting under the constitution will have to look upon its provisions with an equal eye. secondly, if an essential provision is amended and a new provision is inserted which, in ..... common assumption of the parties and decided the case accordingly. undesirable as it is that doubtful questions of validity should' go by default, the fact is that, the court usually acts upon the presumption of validity until the law is specifically challenged.775. similar was the view expressed by viscount simonds speaking for the judicial committee in attorney-general of commonwealth ..... power has of course been debated. the law in its generic terms includes a constituent law, namely, the constitution itself made by a constituent assembly-as indicated by the wards "the constitution as by law established", or an amendment made in accordance with the provision contained in the constitution, as well as an ordinary legislative law made by the ..... omnipotence of parliament. when it is claimed that fundamental rights are accorded a "transcendental position" in the constitution, it is seeking to read kant's transcendental idealism into the constitution.2008. this philosophy has entailed the subservience of the directive principles of state policy to the fundamental rights. january 26, 1950 became the great divide : on one side of it .....Tag this Judgment!