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May 31 2005

Dharmodayam Company Vs. Union of India (Uoi)

Court : Kerala

Decided on : May-31-2005

Subject : Civil

Acts : Kerala Chitties Act, 1975 - Sections 2(4), 3, 3(1), 3(2), 4, 4(1), 5, 6, 6(3), 11, 12, 13, 14, 15, 17, 18, 19, 21, 22, 23, 24, 25, 26, 29, 34, 35, 39, 40, 42, 43, 55, 56, 59, 60, 67, 72, 89 and 220; Kerala Finance Act, 2002; Chit Funds Act, 1982 - Sections 1(3), 2, 4(1), 7(3), 8, 9(1), 20 and 90; Constitution of India - Articles 14, 19(1), 226, 245 to 255; Companies Act; Finance Act, 2002 - Sections 3(5) and 4; Kerala Chittis (Amendment) Act, 2002

Reported in : AIR2005Ker253; [2005]126CompCas586(Ker); 2005(3)KLT332

view, cannot be read in isolation. The same has to be read along with Section 1(3) of the Chit Funds Act, 1982. Section 1(3) of the Act states that the Chit Funds Act, 1982 shall come into force on such date

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Mar 12 2008

Kathirvelu Vs. Anbazhagan

Court : Chennai

Decided on : Mar-12-2008

Subject : Civil

Acts : Chit Funds Act, 1982 - Sections 12; Negotiable Instruments Act, 1881 - Sections 118; Evidence Act; Tamil Nadu Money-Lenders Act, 1957 - Sections 3(1) and 9

Reported in : (2008)5MLJ39

note to the appellant as security for prompt payment of future subscriptions. 19. As per Section 12 of Chit Funds Act, 1982, there is prohibition of transacting business other than chit business by a company carrying on chit business without … S. Tamilvanan, J.1. This appeal is directed against the judgment and decree dated 25.08.1995 made in O.S. No. 38 of 1993 on the file of the Sub Court, Chidambaram. 2. The appellant herein was the plaintiff in

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Dec 01 2006

Bilahari Investments (P) Ltd. Vs. the Commissioner of Income Tax

Court : Chennai

Decided on : Dec-01-2006

Subject : Direct Taxation

Acts : Chit Funds Act, 1982 - Sections 3; Income Tax Act, 1961 - Sections 5 and 145

Reported in : (2007)209CTR(Mad)242

of the Chit Funds Act. In view of the non obstante clause found in Section 3 of the Chit Funds Act, 1982, namely,3. Act to override other laws, memorandum, articles, etc. - Save as otherwise expressly provided in this Act,

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Dec 18 1997

S. Venkatachalam Vs. Secretary to Government of Tamil Nadu and Others

Court : Chennai

Decided on : Dec-18-1997

Subject : Company

Acts : Limitation Act, 1963 - Sections 12 and 12(2); Chit Funds Act, 1982; Chit Funds Rules, 1984

Reported in : [1999]95CompCas589(Mad)

against the award of the Deputy Registrar of Chits, an appeal is provided under section 70 of the Chit Funds Act, 1982, before the State Government. The petitioner presented the appeal on August 31, 1995. According to the petitioner, the … praying for the issue of a writ of certiorarified mandamus calling for the records relating to letter No. 31476/G2/95-1, dated October 5, 1995, on the file of the first respondent and to quash the same and consequently

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Dec 11 1998

Shriram Chits and Investments (P)ltd., T. Nagar Vs. M. Krishnan and Ot ...

Court : Chennai

Decided on : Dec-11-1998

Subject : CommercialLimitation

Acts : Chit Funds Act, 1982 -- Sections 65; Limitation Act, 1963 -- Sections 5, 12, 14 and 64; Chits Funds Act, 1982 -- Sections 65, 66 and 67; Tamil Nadu Chit Funds Act, 1961

Reported in : AIR2000Mad78; 1999(1)CTC238

instituted proceedings under Section 64 which was presented on 22.7.1991.12. It is to be pointed out that the Chit Funds Act; 1982 (Central Act 40 of 1982) by which The Tamil Nadu Chit Funds Act, 1961 which was in force … entertained and it was pending till it came to be returned as not maintainable in view of sub section (3) of Section 64. Thereafter, after making a demand the Foreman instituted proceedings under Section 64 which was presented

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Jun 19 2006

Bilahari Investments (P) Ltd. Vs. the Commissioner of Income Tax

Court : Chennai

Decided on : Jun-19-2006

Subject : Direct Taxation

Acts : Chit Funds Act, 1982 - Sections 2 and 3; Income tax Act, 1961 - Sections 5, 6(6), 144 and 145; Companies Act

Reported in : (2007)207CTR(Mad)512; [2007]288ITR39(Mad); (2006)4MLJ1644

governed by the provisions of the Chit Funds Act. In view of the non obstante clause found in Section 3 of the Chit Funds Act, 1982, namely,3. Act to override other laws, memorandum, articles, etc.- Save as otherwise … of the questions raised in the appeals, a reference to Sections 2(d), 2(g), 2(h) and 2(m) of the Chit Funds Act, 1982 is inevitable, which read as follows:2. Definition.- In this Act, unless the context otherwise require,-(d) 'chit amount' means

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May 04 2006

Sanjiv Kumar Vs. Ramwa Chit Funds (P) Ltd.

Court : Delhi

Decided on : May-04-2006

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 114, 115 and 141 - Order 27, Rule 4 - Order 37 - Order 47, Rule 1; Madras Chit Funds Act, 1961 - Sections 1(3), 3 and 64(1); Chit Funds Act, 1982 - Sections 1; General Clauses Act, 1987 - Sections 3(58) and 5; Union Territories (Laws) Act,1950; Constitution of India - Article 239

Reported in : AIR2006Delhi274; 130(2006)DLT170

for the petitioner submitted that chit funds were earlier governed by Madras Chit Funds Act, 1961 and thereafter Chit Funds Act, 1982 (hereinafter referred to as the Act, for short) was passed by the Parliament and notified by publication in … Sanjiv Khanna, J.1. The present revision petition under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code, for short) is directed … the petitioner had issued four cheques for Rs. 40,000/-, Rs. 45,000/-, Rs. 35,000/- and Rs. 30,000/- drawn on Bank of Baroda, Shakarpur, Delhi and the

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Jul 13 1993

M/S. Shriram Chits and Investment (P.) Ltd. Vs. Union of India and Oth ...

Court : Supreme Court of India

Decided on : Jul-13-1993

Subject : Commercial

Acts : Chit Funds Act, 1982 - Sections 1(3), 2, 3, 4, 6(3), 9, 12, 13, 16, 17, 20, 21, 25, 48 and 81; Constitution of India - Article 19(1); Companies Act, 1956 - Sections 58A; Prize Chits and Money Circulation Schemes (Banning) Act, 1978; Pondicherry Chit Funds Act, 1966; All-India Chit Fund Act; Reserve Bank of India Act, 1934 - Sections 45I; Andhra Pradesh Chit Funds Act, 1971; Tamil Nadu Chit Funds Act, 1961; Kerala Chitties Act, 1975; Hyderabad Money Lenders Act - Sections 9(2); Banking Regulation Act, 1949; Companies (Acceptance of Deposits) Rules, 1975; Tamil Nadu Chit Funds Rules, 1984 - Rule 62

Reported in : AIR1993SC2063; [1994]79CompCas298(SC); (1994)2CompLJ430(SC); JT1993(4)SC399; 1993(3)SCALE125; 1993Supp(4)SCC226; [1993]Supp1SCR54

Writ Petition Nos.19321/86, 17110/84, etc.2. The above appeals and writ petitions involve challenge to constitutional validity of the Chit Funds Act, 1982 (Central Act No.40 of 1982) (hereinafter called as 'the Act' or 'the impugned Act').3. The various appellants/petitioners are … it would, therefore, be violative of Article 19(1)(g) of the Constitution. They have complained that the provisions of Section 3 of the Act has an over-riding effect. It imposed unreasonable restrictions on the existing rights of the appellants/petitioners

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Sep 08 1993

Madurai Ramanathapuram Mavatta Seetu Companigal Sangam and Others Vs. ...

Court : Chennai

Decided on : Sep-08-1993

Subject : Company

Acts : Companies Act, 1956 - Sections 210; Chit Fund Act, 1982 - Sections 6(3), 24 and 89(2); Tamil Nadu Chit Fund Rules, 1984 - Rules 16, 28, 28(1) and (2), 31, 31(1) and (2)

Reported in : [1994]80CompCas686(Mad)

K.A. Swami, C.J.1. In these writ petitions and also the writ appeals, the validity of several provisions of Chit Funds Act, 1982 (hereinafter referred to as 'the Act'), is challenged. In the meanwhile, the Supreme Court has considered the validity … the pronouncement made by the Supreme Court. However, an argument is advanced before us that the validity of section 6(3) of the Act has not been specifically considered and, therefore, the same be considered in these cases.

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Apr 29 1988

Sri Visalarn Chit Fund Ltd. and anr. Vs. Union of India, New Delhi and ...

Court : Karnataka

Decided on : Apr-29-1988

Subject : Constitution

Acts : Chit Funds Act, 1982 - Sections 1, 2, 3, 4, 4(1), 4(3), 8, 12, 13, 19, 20, 20(1), 20(3) and 21 to 26; Constitution of India - Articles 14 and 19(I); Banking Regulation Act - Sections 23

Reported in : AIR1989Kant125; ILR1988KAR1518

Bopanna, J.1. Constitutional validity of the Chit Funds Act, 1982 (Act No. 40 of 1982) (in short the Act) is challenged in this batch of writ petitions.2. In … on their business without any complaint from any source either from the subscribers or from any third party. Section 3 imposes unreasonable restrictions on the existing rights of the petitioners to carry on chit business in accordance with

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