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Start Free TrialThe Tripura Public Demand Recovery Act, 2000 Complete Act
State: Tripura
Year: 2000
.....in any civil court, and no injunction shall be granted in respect of any action taken or intended to be taken in pursuance of the provisions of this Act. Act shall not affect interest created by mortgage charge, pledge etc. 34. (1)Nothing in this Act shall affect any interest of the State Government, a Corporation, a Government Company or a bank in any property created by any mortgage, charge, pledge or other encumbrance. (2) Where the property of a certificate debtor is subject to anymortgage, charge, pledge or other encumbrance in favour of the State Government, a Corporation, a Government Company or a bank then- (a) in every case of a pledge of goods, proceedings shall first be taken for sale of the goods pledged, and if the proceeds of such sale are less than the sum due, then proceedings shall be taken for recovery of the balance ; (b) in every case of a mortgage, charge or other encumbrance on immovable property, such property or. as the case may be, the interest of the certificate debtor therein, shall first be sold in proceedings for recovery of the sum due from him as if it were an arrear of land revenue, and any other proceedings may be taken thereafter only if.....
List Judgments citing this sectionKarnataka Land Revenue Act, 1964 Chapter XIV
Title: Realisation of Land Revenue and Other Public Demands
State: Karnataka
Year: 1964
.....prescribed under sub-section (1) for the payment of land revenue shall be deemed to be a period of grace and shall not affect the provisions of sub-section (1). Section 160 - Arrear of land revenue and defaulter (1) Any instalment of land revenue or part thereof which is not paid on the date prescribed for payment under section 159 shall become an arrear of land revenue and the person responsible for the payment shall become a defaulter. (2) A statement of account, certified by the Deputy Commissioner or bythe Assistant Commissioner shall, for the purpose of this Chapter be conclusive evidence of the existence of the arrear of land revenue, of its amount and of the person who is the defaulter: Provided that nothing in this sub-section shall prejudice the rights of such person to make payment under protest and to question the correctness of the accounts in separate proceedings before the Deputy Commissioner or the Assistant Commissioner, as the case may be. Section 161 - Process for recovery of arrears An arrear of land revenue may after serving a written notice of demand on the defaulter under section 162 be recovered by any one or more of the following processes,.....
View Complete Act List Judgments citing this sectionThe Sikkim Public Demands Recovery Act, 1988 Complete Act
State: Sikkim
Year: 1988
.....of such moveable property: Provided that if the Certificate-debtor whose moveable property has been so attached, furnishes security to the satisfaction of the Certificate Officer, such attachment shall be cancelled from the date on which such security is accepted by the Certificate Officer. 10. Subject to such conditions and limitations. as may be prescribed, a Certificate Officer may order execution of a Certificate (a) by attachment and sale, if necessary, of any property or, in the case of immoveable property, by sale without previous attachment, or (b) by attachment of any decree. 11. There shall be recoverable in the proceedings in execution of every certificate filed under this Act (a) interest upon the public demand to which the certificate relates, at the rate of twelve and a half per centum per annum from the date of signing of the certificate upto the date of realization, (b) such costs as are directed to be paid by the Certificate Officer in his discretion as having been incurred for the service of notice under section 5, and of warrants and other processes and all other proceedings taken for realizing the demand. 12. (1) All property both moveable.....
List Judgments citing this sectionCompanies Act, 2013, Section 109
Title: Demand for Poll
State: Central
Year: 2013
.....of the voting on any resolution on show of hands, a poll may be ordered to be taken by the Chairman of the meeting on his own motion, and shall be ordered to be taken by him on a demand made in that behalf,-- (a) in the case a company having a share capital, by the members present in person or by proxy, where allowed, and having not less than one-tenth of the total voting power or holding shares on which an aggregate sum of not less than five lakh rupees or such higher amount as may be prescribed has been paid-up; and (b) in the case of any other company, by any member or members present in person or by proxy, where allowed, and having not less than one-tenth of the total voting power. (2) The demand for a poll may be withdrawn at any time by the persons who made the demand. (3) A poll demanded for adjournment of the meeting or appointment of Chairman of the meeting shall be taken forthwith. (4) A poll demanded on any question other than adjournment of the meeting or appointment of Chairman shall be taken at such time, not being later than forty-eight hours from the time when the demand was made, as the Chairman of the meeting may direct. (5) Where a poll is to be.....
View Complete Act List Judgments citing this sectionCentral Excise Act, 1944 Section 35F
Title: Deposit, Pending Appeal, of Duty Demanded or Penalty Levied
State: Central
Year: 1944
.....where it is possible to do so, decide such application within thirty days from the date of its filing.] 3[Explanation.--For the purposes of this section "duty demanded" shall include,-- (i) amount determined under section 11D; (ii) amount of erroneous CENVAT credit taken; (iii) amount payable under rule 57CC of Central Excise Rules, 1944; (iv) amount payable under rule 6 of CENVAT Credit Rules, 2001 or CENVAT Credit Rules, 2002 or CENVAT Credit Rules, 2004; (v) interest payable under the provisions of this Act or the rules made thereunder.] ________________________ 1. Substituted by Act 22 of 1995, section 70, for "Collector (Appelas)" (w.e.f. 26-5-1995). 2. Inserted by Act 14 of 2001, section 131 (w.e.f. 11-5-2001). 3. Inserted by the Finance Act, 2007.
View Complete Act List Judgments citing this sectionCustoms Act, 1962 Section 129E
Title: Deposit, Pending Appeal, of Duty and Interest Demanded or Penalty Levied
State: Central
Year: 1962
.....as the case may be, the Appellate Tribunal may dispense with such deposit subject to such conditions as he or it may deem fit to impose so as to safeguard the interests of revenue : 3[ Provided further that where an application is filed before the Commissioner (Appeals) for dispensing with the deposit of duty and interest demanded or penalty levied under the first proviso, the Commissioner (Appeals) shall, where it is possible to do so, decide such application within thirty days from the date of its filing.] _____________________ 1. Substituted by Act 55 of 1991, section 10, for "duty" (w.e.f. 23-12-1991). 2. Substituted by Act 22 of 1995, section 50, for "Collector (Appeals)" (w.e.f. 26-5-1995). 3. Inserted by Act 14 of 2001, section 112 (w.e.f. 11-5-2001).
View Complete Act List Judgments citing this sectionFinance Act, 2012, (Central) Section 113
Title: Validation of Demand, Etc., Under Income Tax Act, 1961 in Certain Cases
State: Central
Year: 2012
.....shall be valid and shall be deemed always to have been valid and shall not be called in question on the ground that the tax was not chargeable or any ground including that it is a tax on capital gains arising out of transactions which have taken place outside India, and accordingly, any tax levied, demanded, assessed, imposed or deposited before the commencement of this Act and chargeable for a period prior to such commencement but not collected or recovered before such commencement, may be collected or recovered and appropriated in accordance with the provisions of the Income-tax Act, 1961 as amended by this Act, and the rules made thereunder and there shall be no liability or obligation to make any refund whatsoever.
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 179
Title: Demand for Poll
State: Central
Year: 1956
.....company having a share capital, by one member having the right to vote on the resolution and present in person or by proxy if not more than seven such members are personally present, and by two such members present in person or by proxy, if more than seven such members are personally present, (c) in the case of any other company, by any member or members present in person or by proxy and having not less than one tenth of the total voting power in respect of the resolution.] (2) The demand for a poll may be withdrawn at any time by the person or persons who made the demand. ______________________ 1. Substituted by Act 31 of 1988, Section 24, for clauses (a) to (d) (w.e.f. 15-6-1988).
View Complete Act List Judgments citing this sectionReserve Bank of India Act, 1934 (2 of 1934) Section 31
Title: Issue of Demand Bills and Notes
State: Central
Year: 1934
.....hundis, payable to bearer on demand or otherwise may be drawn on a person's account with a banker, shroff or agent. 4 [(2) Notwithstanding anything contained in the Negotiable Instruments Act, 1881, (26 of 1881) no person in 2 [India] other than the Bank or, as expressly authorised by this Act, the Central Government shall make or issue any promissory note expressed to be payable to the bearer of the instrument.] ________________________ 1. Section 31 re-numbered as sub-section (1) of that section by Act 23 of 1946., section 2 (w.e.f. 16-11-1946). 2. Substituted by Act 32 of 1951, section 2, for "the States" (w.e.f. 1-11-1951). 3. Substituted by the India and Burma (Burma Monetary Arrangements) Order, 1937, for "Governor-General in Council". 4. Inserted by Act 23 of 1996, section 2 (w.e.f. 16-11-1946).
View Complete Act List Judgments citing this sectionCustoms and Excise Revenues Appellate Tribunal Act, 1986 [Repealed] Section 20
Title: Deposit, Pending Appeal, of Duty Demanded or Penalty Levied
State: Central
Year: 1986
Where in any appeal under this Act, the decision or order appealed against relates to any duly demanded in respect of goods which arc not under the control of the central excise authorities or the customs authorities, as the case may be, or any penalty levied under the Central Excises Act or the Customs Act, the person desirous of appealing against such decision or order shall, pending the appeal, deposit with the proper officer the duty demanded or the penalty levied; Provided that where in any particular case, the Appellate Tribunal is of opinion that the deposit of duty demanded or penalty levied would cause undue hardship to such person the Appellate Tribunal may dispense with such deposit subject to such conditions as it may deem fit to impose so as to safeguard the interests of revenue.
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