Common Cause vs Union Of India . on 2 August, 2017
Author: Madan B. Lokur
Bench
concept that does not include "de facto control" as a
criterion for association. "Control" in the absence
of company law based ... rationalized is as dominant influence in the nature of
defacto control. The definition of 'associated enterprise', as
the above academic analysis shows
participate in management, control or capital of both the
enterprises. However, the expression 'participation in management or capital or control ... Section 92A(2)
governs the operation of Section 92A(1) by controlling the definition of participation in
management or capital or control
participate in management, control or capital of both the
enterprises. However, the expression 'participation in management or capital or control ... Section 92A(2)
governs the operation of Section 92A(1) by controlling the definition of participation in
management or capital or control
financially,
functionally and administratively dominated by or under the
control of the Government. Such control must be particular to
the body in question and must ... this regard, he places reliance upon the
definition of the expression " Control" under Section 2 (27) of the
Companies Act 2013, which reads
approach the Rent
Controlling Authority under Section 23-A of the M.P.
Accommodation Control Act. In the definition of landlord under
Section ... definition,
is a Public Undertaking for the purposes of the Madhyastham
Act. Under above definition clause a Corporation or other
statutory body substantially controlled
ultimate control over the affairs of the
plantation". Such a clause continues to remain in the definition but now an
explanation has been added ... ultimate control over the affairs of the plantation and as per the
Explanation that person having ultimate control over the affairs
pendency of the appeal.
41. Conspicuously, the definition of "tenant" under the
Rajasthan Rent Control Act, 2001 only excludes it from coverage ... greater force in the context of the Rajasthan Rent Control Act,
2001 as the definition of 'tenant' under the said Act includes
cotton seeds to be sold or delivered by
him.
(2) The Controller shall determine the
compensation payable for sale of
misbranded or spurious or substandard ... functions of the
Controller. Therefore, upon conjoint reading of
definition of "Controller", "cotton seeds", the
provision of appointment of controller, powers
management or affairs of the society
so os to be controlled. Management and control ore statutorily conferred
on the lvlanagement Committee or the Board ... affairs of the body."
Going by the above definition of 'control', it cannot be said that because of the
presence of representatives