CiteTEXT
...Court in Hindustan Lever v. State of Maharashtra (2004) 9 SCC 438 relying upon the decision of this Court in...Beed District Central Coop. Bank Ltd. v. State Of Maharashtra (2006) 8 SCC 514. In tha...and agreements. Since the enactment of the Kerala and the West Bengal Acts, some other State Governments have also voiced their intention of enacting similar measures in their respective States...
...-para (6) at p. 602 of the Report).23. In Hindustan Lever v. State of Maharashtra (2004) 9 SCC ...of the Company Court while sanctioning the scheme is supervisory.24. This Court in Hindustan Lever (2004) 9 SCC 438 also accepted the principle laid down in sub-para...Report).66. This has been followed by a three-Judge Bench of this Court in Central Bank of India v. State of...
...Inspector of factories) and (2004) 9 SCC 438 (Hindustan Lever v. State of Maharashtra) and submitted that in the subseq...the “ultimate control” test preferred over narrow approach to assail the action of the respondent authorities. The Hindustan Lever (supra) was cited to show that the Hon'ble Supreme Court held in...person is for the action of his limbs. (Gopal Khaitan v. The State, AIR 1969 Cal 132 at 138). The Board...
...other judgment reiterating the jurisdiction of the Company Court, namely; Hindustan Lever v. State of Maharashtra, (2004) 9...and 394 of the Act has been adjudicated by the Supreme Court in Hindustan Lever Employees' Union v. Hindustan Lever Ltd., 1995 Supp...;(iv) the factories/works are also at the same place;(v) the transferor companies hold 6.5 acres of idle land which would give an opportunity of expansion to the transferee...
.... Mr. Malkan has relied on the decision of the Honourable Supreme Court in the case of Hindustan Lever v. State of Maharashtra [2003] 117 Comp Cas 758...scheme in question. The reliance placed by Mr. Malkan on the decision of the Honourable Supreme Court in the case of Hindustan Lever v. State of Maharashtra [...institutions and the general public hold the remaining shares. The transferee-company was incorporated and registered under the Act on January 17,1985, in the State of Maharashtra under the name and style...
...earlier order is required to be decided by this court on the merits. Mr. Malkan has relied on the decision of the Honourable Supreme Court in the case of Hindustan Lever v. State ...explained and they would not in any way affect the scheme in question. The reliance placed by Mr. Malkan on the decision of the Honourable Supreme Court in the case of Hindustan Lever v. ...-company was incorporated and registered under the Act on January 17, 1985, in the State of Maharashtra under the name and style of Welspun Winilon Silk Mills Private Ltd. Its name was changed to Welspun...
..., Hindustan Lever v. State of Maharashtra;, AIR 1970 SC 1041, ...Hindustan Lever v. The State of Maharashtra and Ruby Sales and Services Pvt. Ltd. concerned with construing the provisions of the ‘Bombay Act’ can not even guide, let alone bind, adjudica...438, Hindustan Lever v. State of Maharashtra;, 1992 (1) Bom.C.R 568...
.... Gannen Dunkerley and Co. v. State of Madras. (AIR 1954 Madras 1130); State of Madras v. Gannen Dunkerley...Hindustan Lever v. State of Maharashtra. (2004) 9 SCC 431, the validit...relied on the decisions of the Apex Court in State of Maharashtra v. Bharat Shanti Lal Shah. (2008) 13 SCC 5...
...the provisions of the Act cannot be defeated by any instrument or contract.
37. This Court in Hindustan Lever v. State of Maharashtra relying upon the d...gratuity claim can ever be decided. The Supreme Court in State of Punjab v. Labour Court, Jullunder and others reported in...of any enactment other than this Act."
10. The Supreme Court in Allahabad Bank and another v. All India Allahabad Bank Retired Employees Assn. reported in...
...matter of Hindustan Lever v. State of Maharashtra, AIR 2004 SC 326. Paragraph 15 of the said case states, inter ali..., “administrative” in nature. Consequently, it is obvious that the charge of Rs. 300/- per square feet, in any case, is unjustifiable.10. The decision of the Supreme Court in Hindustan Lever...Sudershan Kumar Misra, J.1. This application has been filed by the petitioner under Rule 9 of the Companies (Court) Rules, 1959 seeking a direction...
...be a good law in view of the recent pronouncement of the Supreme Court in the case of Hindustan Lever v. State of ...contended that it is not a transfer at all or whether voluntary or involuntary transaction is a transfer.14. The Supreme Court in Hindustan Lever case (supra) while observing transfer of...the premium as has been demanded by the State Government by virtue of Rule 1(b) of the West Bengal Estates Acquisition Rules, 1954 which has been framed under the provision...
....13.3 The third decision heavily relied on by Mr Venugopal is Hindustan Lever v. State of Maharashtra ...Companies Act, 1956 the appellant Hindustan Lever filed writ petition in the Bombay High Court challenging the constitutional validity of the provisions of Section 2(g)(iv) of the Bombay Stamp Act...Hasmat Rai v. Raghunath Prasad (1981) 3 SCC 103 this Court held:“14. … If a landlord bona fide requires possession of...
...Chadha),(iii) 2004, Vol.-IX, Supreme Court Cases, Page 438 (Hindustan Lever v. State of Maharashtra),(iv) AIR 1974, Supreme Court, Page...me. In Hindustan Lever a particular provision of the Bombay Stamp Act was under challenge in a writ proceeding. By the said provision the State imposed stamp-duty on the..., 1956 since it was not a spot delivery contract.(iv) The transferee was not a desirable person.(v) Proper cancellation of stamp was not made.Findings of CLB...
.... Registrar of Companies 2006 Volume-130 Company Cases Page-510. However, the Madhu Intra Ltd. did not take notice of Hindustan Lever v. State of ...Rubi Sales and Services Private Limited v. State of maharashtra 1994 Volume-I Supreme Court Cases Page-531 and...State and State lost revenue to a large extent. Similar provision in Maharashtra came into effect in 2010.• Hindusthan Lever while considering Maharastra amendment, considered...
...(SC)]. In Hindustan Lever v. State of Maharashtra, (2004) 9 SCC 438 expounding on the concept of amalgamation and w.... In Commissioner of Income-tax Commissioner of Income-tax v. Srinivasa Setty (B.C)(1981) 128 ITR 294, it has been observed:-“…………..Section 45 charges the profits or...concern or undertaking loses its identity and the ownership in the asset. (see Saraswati Industrial Syndicate Limited v. Commissioner of Income Tax, [(1990) 186 ITR...
...…"
8. The appellants have relied on Hindustan Lever v. State of ...JURISDICTION
CIVIL APPEAL NO.8821 OF 2011
STATE OF MAHARASHTRA & ANR. …APPELLANT(S) Versus
NATIONAL ORGANIC....
1. The State of Maharashtra is in appeal before us challenging the order of the Division Bench of Bombay High Court dated 18.08.2009, which has allowed the writ petitio...
...in the case of Hindustan Lever v. State of Maharashtra, learned Counsel submitted that the commercial wisdom exercised by the members of the Company who had rati...this Court while sanctioning the scheme, for any adjudication. Referring to the decision reported in 2004 1 CLJ 148 in the case of Hindustan Lever v. State of ...violative of any provision of few and is not unconscionable or contrary to public policy. In the case of Hindustan Lever v. State of Maharashtra ...
...Mayajaal, prayed for relaxation of the applicability of clause (b) to sub-rule (2) of rule 19. Placing reliance on the decision reported in the case of Hindustan ...Hindustan lever v. State of Maharashtra, [2003] 117 Comp Cas 758 (SC) : [2004] 1 Comp LJ 1...provision of law and is not unconscionable or contrary to public policy. In the case of Hindustan Lever v. State of Maharashtra, [2003] 117 Comp Cas 758...
...Hindustan Lever v. State of Maharashtra, (2004) 9 SCC 438. It was explained in the latter decision in (SCC para 32, ...sanctioned as per the compromise arrived at between the parties.” It was also explained in Hindustan Lever as under (SCC, p. 451):“While exercising its power in sanctioning the scheme of...revival and sustainability of the company on long term basis. The secured creditors are i.e State Bank of Patiala (‘SBOP’), State Bank of India (‘SBI’), Industrial Finance Corporation of India (TF...
...)
13. In Hindustan Lever v. State of Maharashtra [2004] 9 SCC 438 : [2003] 48 SCL 630 the Apex Cou...13-3-1994 vide Special Resolution passed on 8-3-1994. Thereafter with effect from 7-2-2000 the transferee company shifted its registered office from the NCT of Delhi to the State of Rajasthan...interruption in their services upon sanctioning of the scheme of amalgamation by this Court. As per para 2(b) of Part V of the scheme, the share capital of a company can be increased only after...