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Indian Overseas Bank Vs. Industrial ChaIn Concern

Court : Supreme Court of India

Subject : BankingCommercial

Acts : Negotiable Instruments Act, 1881 -- Sections 131

Reported in : [1990]67CompCas255(SC); JT1989(4)SC334; 1989(2)SCALE1014; (1990)1SCC484; [1989]Supp2SCR27; (1990)1UPLBEC636

corresponded to Section 82 of the Bills of Exchange Act, 1882 of England which was repealed by the Cheques Act, 1957 and the protection there is now given by Section 4 of the Cheques Act, 1957. English decisions can,

Abmica Lamp House Vs. Commercial Tax Officer (int)-i Enforcement and a ...

Court : Andhra Pradesh

Subject : Sales Tax

Acts : Andhra Pradesh General Sales Tax Act, 1957 - Sections 5B(1), 6, 7, 12 to 16, 28 to 32, 36 and 38; Andhra Pradesh (Agricultural Produce and Live Stock) Markets Act, 1966 - Sections 7; Andhra Pradesh General Sales Tax Rules, 1957 - Rule 14A(1) and 14A(4); Contempt of Courts Act; Code of Criminal Procedure (CrPC) , 1973; Central Rules; Constitution of India - Article 226

Reported in : 2005(2)ALD704; 2005(3)ALT190; [2005]142STC551(AP)

collecting the compounding fee on the day of inspection either through payment of cash or through post dated cheques, as illegal, and contrary to the provisions of law as well as the judgments rendered by this Court, … writ petitions are filed by the dealers registered under the provisions of the Andhra Pradesh General Sales Tax Act, 1957 carrying on various businesses, assailing the action of the Vigilance Wing of the Sales Tax Department, and praying … is also the case of the dealer that it obtained licence under Section 7 of the A.P. (Agricultural Produce and Live Stock) Markets Act, 1966 … notice seeking explanation of the petitioner, highhandedly collected an amount of Rs. 4,51,014/- by a cheque drawn on, Andhra Bank, Guntakal. At the same time,

Kanyalal Thakurdas, Bankers Vs. the Bombay Cycle Importing Company, Cy ...

Court : Chennai

Subject : Banking

Reported in : (1972)1MLJ412

Negotiable Instruments Act gives some protection to the banker in the same manner as Section 4 of the Cheques Act, 1957, in England. But this does not provide an absolute immunity to the collecting banker and unless he can

Canara Bank Vs. Vijaya Bank

Court : Chennai

Subject : Company

Acts : Negotiable Instruments Act, 1881 - Sections 131 and 131A; Evidence Act, 1872 - Sections 106

Reported in : [1993]76CompCas456(Mad)

section 82 of the Bills of Exchange Act, 1882 .... But today resides in section 4 of the Cheques Act, 1957 ....' 9. Corresponding to said section 82 of the English enactment, section 131 of our Negotiable Instruments Act

Sri K C Chandrashekar Raju vs Sri D Venkatesh

Court : Karnataka

of cheque bearing No.787239 dated 05.05.1994. Towards the balance sale consideration amount, the plaintiff issued ten post dated cheques drawn on Vysysa Bank Limited, St. Marks Road Branch, Bangalore, encashable during the span of six months. However, … parting of the possession, should be read as if a conveyance under Article 5(e) of the Karnataka Stamp Act, 1957 (for short, ‘the Stamp Act’) and in that view of the matter, for short stamp duty hit by … OF NOTICE TO R14 IS HELD SUFFICIENT) THIS RFA IS FILED UNDER SECTION 96 OF CPC,PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 31.10.2009 … REDDY MAJOR IN AGE NO.202, HAUDEN HOUSE, HAUDEN ROAD, ULSOOR, BANGALORE - 42.8. SRI SUMANT HARISCHANDRA WANDREKAR MAJOR IN AGE NO.17, SILVER SANDS, JUHU, TARA

Obg Limited and Others (Appellants) Vs. Allan and Others (Respondents)

Court : House of Lords

Subject : Land Acquisition

the law." 97. Parliament has responded with legislation such as the Factors Act 1889, section 4 of the Cheques Act 1957 (which protects a collecting bank against liability for conversion of a cheque to which its customer had no

Hindusthan Commercial Bank Ltd. Vs. Probodh Kumar Mitter and anr.

Court : Kolkata

Subject : Civil

Acts : Negotiable Instruments Act, 1881 - Section 131; ;Limitation Act, 1908 - Schedule - Article 36

Reported in : AIR1980Cal292

learned Judge relied on Section 131 of the Negotiable Instruments Act which corresponds to Section 4 of the Cheques Act, 1957 in England dealing with the liability of collecting banker and the decided cases on that point.22. The learned

Commissioner of Income-tax, Central, Bombay Vs. Indore Malwa United Mi ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 4(1)

Reported in : [1960]39ITR438(Bom)

relied upon another recent judgment of their Lordships of the Supreme Court in Civil Appeal No. 50 of 1957, decided on May 12, 1959, New Jehangir Vakil Mills Ltd. v. Commissioner of Income-tax. In that case, a … Tribunal held that the assessee had received in British India income, profits or gains within the meaning of section 4(I)(a) of the Indian Income-tax Act because encashment of the cheques in Bombay amounted to receipt of income in

S.R. Traders Vs. Assistant Commissioner of Commercial Taxes Iv and ors ...

Court : Andhra Pradesh

Subject : Sales Tax

Acts : Andhra Pradesh General Sales Tax Act, 1957 - Sections 4

Reported in : 1993(3)ALT242; [1994]93STC548(AP)

Commissioner detected were held to be ultra vires under section 4 of the Andhra Pradesh General Sales Tax Act, 1957. Therefore, the 1st respondent has neither jurisdiction to assess nor have any authority to collect tax by way … direction declaring the action of the 1st respondent for having collected tax from the petitioners by way of cheques on February 21, 1993, without any assessment proceedings as illegal, arbitrary and without jurisdiction and consequently direct the

Surendra Nath Malhotra (Huf) Vs. Gift-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (1985)13ITD499(Kol.)

education of his three daughters. The sum in question was made over to the girls through three separate cheques drawn on the Bank of Tokyo Ltd., Bombay. While Miss Kiran Malhotra herself received the cheque, the cheques … a case of deemed gift either under Clause (a) or Clause (b) of Section 4(1) of the Wealth-tax Act, 1957 ('the 1957 Act'), as the expenses required to be incurred on the education of the three daughters would