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Jan 27 2005

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

Court : Andhra Pradesh

Decided on : Jan-27-2005

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)

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 … 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 … the groundnut kennel into seed. It 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 and was submitting its returns to the

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Nov 22 1982

B. Rajendra Oil Mills Refinery Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Decided on : Nov-22-1982

Subject : Sales Tax

Acts : Andhra Pradesh General Sales Tax Act, 1957 - Sections 7A and 22(1)

Reported in : [1986]62STC72(AP)

2. As stated above, the assessee produced sale bills, way bills, weighment notes, analysis reports and particulars of cheques issued to the sellers of the goods. The Tribunal found that the cheques issued to the dealers, from … the relevant year. 4. We are unable to agree. Section 7-A of the Andhra Pradesh General Sales Tax Act, 1957 provides that the burden of proving that any sale or purchase effected by a dealer is not liable

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Apr 05 1971

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

Court : Chennai

Decided on : Apr-05-1971

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 … these appeals and Civil Revision Petitions, filed O.Ss. Nos. 2765 and 2838 of 1959 and S Cs. Nos. 7 of 1960 and 17 of 1961, on the file of the City Civil Court, Madras, to recover Rs.

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Jan 22 2000

Meenakshi Paper Mills (P) Ltd. Vs. Sattarsons Packaging (P) Ltd.

Court : Andhra Pradesh

Decided on : Jan-22-2000

Subject : CompanyCriminal

Acts : Companies Act, 1956 - Sections 433 and 439; Companies (Court) Rules, 1959 - Rule 95

Reported in : (2000)2CompLJ233(AP)

petitioner had also requested the respondent to release the balance payment immediately. The respondent had issued eighteen (18) cheques for an aggregated value of Rs. 8,15,670.00, which are detailed in para 8 of the company petition. The … failure on the part of the respondent to furnish 'G' Forms under the Andhra Pradesh General Sales Tax Act, 1957, which aggregated to Rs. 17,37,100,00. The respondent sent a reply dated 21.11.1998 making a false plea for a … ORDERA. Gopal Reddy, J.1. This petition is filed under Section 433 (e) and (f), and 439 of the Companies Act, 1956, read … penalties etc. [Deolali Cantonment Board v Usha Devidas Dongre, 1993 Mah. LJ 74; 1993 Lab IC 1858 Overruled]. -- MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS (CONDITIONS

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Oct 01 1991

Canara Bank Vs. Vijaya Bank

Court : Chennai

Decided on : Oct-01-1991

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 … tenor of the instrument, on June 11, 1975. On enquiry, it transpired that the draft was dated June 7, 1975, for Rs. 50 drawn on Madurai in favour of one Krishnaswamy, and it has been forged materially

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Oct 08 1990

Muniyamma and ors. Vs. Arathi Cine Enterprises P. Ltd. and ors.

Court : Karnataka

Decided on : Oct-08-1990

Subject : Company

Acts : Companies Act, 1956 - Sections 155

Reported in : [1992]74CompCas256(Kar); ILR1991KAR527

period and who attested all the transfer forms for share transfers and who ultimately encashed most of the cheques issued by the contesting respondents for the purchase of shares, never entered the witness box, though present in … the point as to the invalidity of the notice dated January 2P, 1957, could well be decided summarily, and the courts below rightly decided to … and the second respondent were the first directors and they are to hold office for life and to act as managing directors alternately for a period of 5 years each, while other directors are to hold office … transfer in question was void, as it contravened the mandatory provisions of Section 108 of the Companies Act ('the Act', for short).(2) The petitioners are … v. 5. Gurnam Singh [1977] 47 Comp Cas 796 (Punj) ;(2) Bhagat Singh (S.) v. Piar Bus

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Dec 23 1960

Trikamji Damji Vs. Bhikalal Wadilal Shah

Court : Mumbai

Decided on : Dec-23-1960

Subject : Civil

Reported in : (1961)63BOMLR732

behalf of the Bench held as follows:The General Manager had issued orders to return the deposits and issue cheques therefor. After these orders the Syndicate had written to the railway administration for giving it a certificate that … a case arising under the provisions of the Representation of the People Act, 1951, and the wording of Section 7, Clause (d), of that Act is slightly different from the wording of Section 15, Clause (1), of the

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Aug 04 1965

Dwijendra Chandra Chowdhury Vs. Commissioner of Income-tax, Assam. Sub ...

Court : Andhra Pradesh

Decided on : Aug-04-1965

Subject : Direct Taxation

Reported in : [1966]61ITR97(AP)

sign all a contracts and to draw, sign, accept, endorse and negotiate, bills of exchange, promissory notes, hundies, cheques, drafts and other instruments on behalf of the company. The managing directors are also given the powers to … a salary, that, therefore, they could only be assessed under section 10 of the act and not under section 7; that the 5 per cent. commission which had not, in fact been received by them, could not have … company submitted their income-tax returns for the assessment years 1955-56, 1956-57 and 1957-58 covering respectively the calendar years 1954, 1955 and 1956, respectively. During the

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Nov 13 1991

Narayandas S/O Bhagwandas Partani and anr. Vs. the Union of India (Uoi ...

Court : Mumbai

Decided on : Nov-13-1991

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138 and 138A

Reported in : 1993(3)BomCR709

development of law, whether it be the Bills of Exchange Act of England of the year 1882, the Cheques Act, 1957, and various other statutory exercises.6. It is in the larger public interest that commercial transactions maintain the speed … by the Bank. This resulted in 11 complaints in relation to the 11 cheques, for offences punishable under section 138 of the Negotiable Instruments Act, 1881 and section 420 of the Indian Penal Code. The defence of … not fit in with Entries 45 and 46 of List I of 7th Schedule to the Constitution. One serious contention is about a presumption drawn

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Feb 06 1979

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

Court : Kolkata

Decided on : Feb-06-1979

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 … to take delivery of the shares. The bank delievered the said shares to Mitter between 15th May and 7th June, 1951. Mitter paid the amount of the said bills by an account payee cheque drawn in favour

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