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itty Kurian and anr. Vs. Union of India (Uoi) and ors.

Court : Kerala

Subject : Banking

Acts : Banking Companies Act, 1949 - Sections 49A; Constitution of India - Articles 14, 19(1) and 19(6)

Reported in : AIR1962Ker267

order or otherwise. The firm also claims to be taking deposits on current accounts and issuing and paying cheques and collecting cheques also, cross and. uncrossed, for its customers.11. The petitioner then refers to the amendments brought … the Supreme Court in A. S. Krishna v. Madras State, (S) AIR 1957 SC 297 where certain sections of the Madras Prohibition Act -- Act … Act-Act II/1934, was passed constituting the Reserve Bank of India. In the preamble it is stated that it has been found expedient to constitute a … writ petitions, filed under Article 226 of the Constitution, the vires of Section 49-A of the Banking Companies Act, 1949 are challenged. Section 49-A which was added to the original Act by the Banking Companies (Amendment) Ac; … of Section 49-A of the Banking Companies Act, 1949 are challenged. Section 49-A which was added to

Associated Timber Industries and Others Vs. Central Bank of India and ...

Court : Supreme Court of India

Subject : Banking

Acts : The Banking Regulation Act, 1949; Assam Money Lenders Act, 1934; Companies Act, 1956 - Sections 3, 5, 6, 21, 22, 26, 27, 46 and 47A; Government of India Act - Sections 80-A; Maharashtra Debt Relief Act, 1976; Constitution of India - Article 301; Prize Chits and Money Circulation Schemes (Banning) Act, 1978; Bombay Money-Lenders Act, 1946 - Sections 2; Agricultural Refinance Corporation Act, 1963; Tamil Nadu Money-Lenders Act, 1957; Bengal Money-Lenders Act, 1940; Indian Contract Act, 1872 - Sections 172; Socities Registration Act, 1960

Reported in : AIR2000SC2689; [2000]102CompCas134(SC); JT2000(9)SC17; 2000(5)SCALE577; (2000)7SCC93; [2000]Supp2SCR310; 2000(2)LC1423(SC); (2000)3UPLBEC2191

alia (at p.669):Now this definition makes it clear that receiving money on deposit from customers and honouring their cheques is the essential characteristic of banking. The money deposited by the customers can be utilised by the banker … and whether or not in connection with or in addition to any other business.40. In Tamil Nadu Money-Lenders Act, 1957 the expression 'money lender' is defined in Section 2(8) to mean a person whose main or subsidiary occupation … of Section 46.23. Coming to the Assam Money-lenders Act, 1934, in the preamble of the Act it is stated 'whereas it is expedient to make … Bank of India is a 'money-lender' under the Assam Money Lenders Act, 1934 (Assam Act IV of 1934) (hereinafter referred to as 'the Assam Act')

Assistant Commissioner of Income Vs. V.K. Gupta and ors.

Court : Income Tax Appellate Tribunal ITAT Allahabad

Subject : Direct Taxation

Reported in : (2003)86ITD200(All.)

the date of commencement of this Act but before the specified date, in the form of drafts, traveller's cheques, cheques drawn on banks situated outside India, telegraphic transfers, mail transfers, money orders, or by way of transfer … part of the assets of any assessee for the purposes of computing his net wealth under the WT Act, 1957 (27 of 1957) in relation to any assessment year commencing before the 1st day of April, 1992." 9. … are not interlinked at all. The name of the special Act and preamble also provide to mean two different situations. The preamble of the special … 1. ITA No. 2419/A11/1995 by the Revenue is directed against the order of

M/S. Kec International Ltd. Vs. Kamani Employees Union and Others

Court : Mumbai

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2(oo), 9-A, 22 and 25-N - Rule 2BA; Income Tax Act, 1961 - Sections 10(10-C) and 31(2);s; Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practice Act, 1971 - Sections 20 and 24(2); Industrial Disputes (Bombay) Rules, 1957 - Rules 37 and 38; Bombay Industrial Relations Act; Uttar Pradesh Industrial Disputes Act - Sections 2(5) and 6N;

Reported in : 1998(3)ALLMR259; 1998(3)BomCR590

the 55 (fifty-five) enlisted employees be allowed to work and be paid wages subject to deposit of their cheques with the respondent company.Writ Petition No. 1917 of 1997 has been preferred by the Union claiming to represent … no control) '.Rules 37 and 38 of the Industrial Disputes (Bombay) Rules, 1957 read as under-'37. Notice of Change-Any employer intending to effect any change … in Writ Petition No. 1761 of 1997 it is mentioned in the preamble that there is need for the company to continuously upgrade the quality … order dated 25th September, 1997 passed by the Industrial Court, Mumbai. The company has been restrained temporarily to act on the V.R.S. application or to refuse to allot work and to pay wages to enlisted workers till … waive service. By consent heard forthwith.Writ Petition No. 1761 of 1997 is preferred by the company against

Sajjan Bank by Director Kevalchand Lalwani Vs. Reserve Bank of India b ...

Court : Chennai

Subject : BankingConstitution

Reported in : (1959)2MLJ455

company carrying on business of receiving moneys and collecting drafts for customers subject to the obligation of honouring cheques drawn upon them from time to time by the customers to the extent of the amounts available on … certiorari calling for the records connected with the notice dated 18th March, 1957, issued by the Reserve Bank of India, Madras, in DBO (M) No. … such duties as the Central Board may validly delegate to them. The Preamble to the Reserve Bank Act states that the bank was constituted to … for the records connected with the notice dated 18th March, 1957, issued by the Reserve Bank of … its shares are held by its three directors who are said to be closely related. The Banking Companies Act, 1949, inferred to hereafter as the Act, came into force on 16th March, 1949. Section 22 of the

Sajjan Bank (Private) Ltd., Alandur Vs. Reserve Bank of India, Madras

Court : Chennai

Subject : CompanyConstitution

Acts : Constitution of India - Articles 19(1), 19(6), 226 and 245; Banking Companies Act, 1949 - Sections 20, 22, 22(1), 35 and 35(4)

Reported in : AIR1961Mad8; [1960]30CompCas146(Mad)

company carrying on business of receiving moneys and collecting drafts for customers subject to the obligation of honouring cheques drawn upon them from time to time by the customers to the extent of the amounts available' on … India, : 1983ECR1607D(SC) . In Niemla Textile Finishing-Mills v. 2nd Punjab Tribunal, 1957 S.C.J. 275: ((S) AIR 1957 S.C. 329) while considering the provisions of … such duties as the Central Board may validly delegate to them. The preamble to the Reserve Bank Act states that the bank was constituted to … its shares are held by its three directors who are said to be closely related. The Banking Companies Act, 1949, referred to hereafter as the Act, came into force on 16-3-1949.Section 22 of the Act provided amongst … for the records connected with the notice dated 18-3-1957, issued by the Reserve Bank of India, Madras,

Bratindranath Banerjee, Director, Standard Chartered Bank Vs. Hiten P. ...

Court : Mumbai

Subject : Criminal

Acts : Special Courts Act, 1979 - Sections 3, 4, 5 and 6; Code of Criminal Procedure (CrPC) , 1973 - Sections 6, 211, 235(2) and 244; Negotiable Instruments Act, 1881 - Sections 118, 138, 139, 142 and 142(2); Evidence Act, 1872 - Sections 3, 59, 60, 61, 65, 102, 114 and 115; Contract Act, 1872 - Sections 23 and 25

Reported in : 1994(4)BomCR237

Act. It is the case of the prosecution that the accused had issued to the said Bank four cheques, viz., (1) cheque No.985203 dated 24th December, 1991 for Rs. 27 crores (Ex. B); (2) cheque No. 985204 … took cognizance of the offence. He relies upon the State of Madhya Pradesh v. K.P.Ghiara, reported in A.I.R. 1957 S.C.196 wherein it has been held that the venue or trial of a case is primarily to be … has no relation to transaction in security. Mr. Ovalekar refers to the preamble of the Special Court Act which reads as follows:'An Act to provide

K.R. Subbaier Vs. the Regional Provident Fund Commissioner

Court : Chennai

Subject : Labour and Industrial

Acts : Employees' Provident Funds Act, 1952 - Sections 1(3), 6, 8, 14B and 16; Employees' Provident Funds (Amendment) Act, 1958; Constitution of India - Article 14

Reported in : AIR1963Mad112; (1963)ILLJ23Mad

within 15 days of the close of every month pay to the fund by separate bank drafts or cheques on account of contributions and administrative charge.'Section 14-B provides:'Where an employer makes default in the payment of any … and refund even those moneys is doing something illegal and against the preamble and object of the Act.' With respect I agree with that decision.6. … from mills. More than 50 persons have all along been employed in this establishment. The Employees Provident Funds Act (Act XIX of 1952) applies to every establishment which is a factory engaged in any industry specified in … to forbear from enforcing his order No. D/MD/598 Regl. dated 28th April, 1957.2. The petitioner is a firm of partnership running a factory at Tiruchirapalli. … his order No. D/MD/598 Regl. dated 28th April, 1957.2. The petitioner is a firm of partnership running

Aluminium Corporation of India Ltd. Vs. Regional Provident Fund Commis ...

Court : Kolkata

Subject : Labour and Industrial

Acts : Constitution of India - Articles 226 and 245; ;Code of Civil Procedure (CPC) , 1908; ;Employees' Provident Fund Act, 1952 - Sections 6, 14B, 15 and 19A; ;Employees' Provident Fund Rules - Rule 3

Reported in : AIR1958Cal570,(1959)ILLJ249Cal

within fifteen days of the close of every month pay to the fund by separate bank drafts or cheques on account of contributions and administrative charge'.On the face of this language, it seems that it is impossible … The company complains against an order of the Government, dated 23rd October, 1957 No. R-1237/WB/6983 addressed by the Regional Provident Fund Commissioner at 28, Theatre … I shall broadly illustrate the main points of conflict. .13. First the preamble to the Act says that it is an Act 'to provide for … an order of the Government, dated 23rd October, 1957 No. R-1237/WB/6983 addressed by the Regional Provident Fund … of India Ltd. This order is purported to be made under Section 19-A of the Employees Provident Funds Act, 1952.2. The material part of that order of the Government of India reads as follows :'It has been

Mayavaram Financial Corporation Ltd. and ors. Vs. Reserve Bank of Indi ...

Court : Chennai

Subject : BankingCommercial

Acts : Banking Law (Amendment) Act, 1968; Reserve Bank of India Act, 1934 - Sections 45J to 45L , 5H to 45Q; Madras Chit Funds Act, 1961; Constitution of India

Reported in : [1971]41CompCas890(Mad)

draft or otherwise. An ordinary money-lender who does not accept moneys on terms enabling a depositor to draw cheques upon him would not, therefore, be a bank or banker properly so called. The provisions of the Act … disclosed that the total deposits stood at Rs. 23.7 crores in 1958 as against Rs. 20.8 crores in 1957. A similar study undertaken in 1961 disclosed a small rise in the total deposits of the public limited … 1934. The functions of the Reserve Bank were generally indicated in the preamble as the regulation of the issue of bank notes and the keeping … Raghavan J. 1. These three writ petitions are filed by the three chit fund companies