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Dharmodayam Company Vs. Union of India (Uoi)

Court : Kerala

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 … three months in the aggregate as the Registrar may, on an application made to him in that behalf. Section 8 of the Chit Funds Act deals with minimum capital requirement for the commencement etc. of a chit and

Lakshmi Srinivas Savings and Chit Funds Syndicate Private Limited Vs. ...

Court : Chennai

Subject : Civil

Acts : Chit Funds Act, 1982 - Sections 12 and 12(1); Banking Regulation Act, 1949 - Sections 8

Reported in : IV(2008)BC198

of the same company and no separate company was registered to perform finance business independently.12. Section 12 of Chit Funds Act, 1982 reads thus:Prohibition of transacting business other than chit business by a company-(1) Except with the general or special … to desist from carrying on any other business. Similar provisions in regard to the ban are contained in Section 8 of the Banking Regulation Act, 1949 which restrain the Banks from carrying on any other business. Sub-section (1)

The Mayavaram Financial Chit Corporation Ltd. Vs. R. Narayanan and Two ...

Court : Chennai

Subject : Civil

Acts : Chit Funds Act, 1982 - Sections 64 and 85; Code of Civil Procedure (CPC) , 1908 - Sections 9; General Clauses Act, 1897 - Sections 6; Pondicherry Chits Funds Act, 1966

Reported in : 1996(2)CTC170

not maintainable?2. Whether the Court has no jurisdiction to try this suit in view of Section 64 of Chit Funds Act, 1982 and only an arbitration would lie before the Registrar of Arbitration?3. Whether the defendants made number of payments … the Extra Ordinary Gazette of India dated 28.10.86, on the first day of November, 1986. As per Section 85 of the Chit Funds Act, 1982, nothing in the said Act shall apply in respect of any chit

The Andhra Pradesh Federation of Chit Funds, a Public Society Rep. by ...

Court : Andhra Pradesh

Subject : Service TaxBanking

Acts : Constitution of India - Articles 14, 19(1), 226 and 265; Finance Act, 1994 - Sections 6, 65, 65(12) and 65(105); Andhra Pradesh Chit Funds Act, 1971; Finance (Amendment) Act, 2007 - Sections 65; Chit Funds (Amendment) Act, 1982 - Sections 2; Reserve Bank of India Act, 1934 - Sections 41(I) and 45I; Andhra Pradesh Chit Funds Rules

Reported in : (2008)220CTR(AP)28; (2008)17VST128(AP)

ambit and therefore it was contended that even culling out from the definition of the chit under the Chit Funds Act, 1982, there being an element of finance involved, it attracts cash management and asset management. Further, it has been … : [1972]86ITR2(SC) ; Tennant v. Smith 3 TC 158; Smidth v. Grenwood 8 TC 193; Canadian Eagle v. King 27 TC 205; OR v. Gordon … the second respondent as being violative of Article 14, 19(1)(g) and 265 of the Constitution of India and Section 65(12) read with Section 65(105)(zm) of the Finance Act, 1994 and to set aside the same. The case

A.P. Federation of Chit Funds Vs. Union of India (Uoi)

Court : Andhra Pradesh

Subject : Service Tax

Acts : Finance Act, 1994 - Sections 65(12) and 65(105); Andhra Pradesh Chit Funds Act, 1971 - Sections 2 and 6; Finance (Amendment) Act, 2007 - Sections 65; Chit Funds (Amendment) Act, 1982; Reserve Bank of India Act, 1934 - Sections 41(1) and 45I; Constitution of India - Articles 14, 19(1), 226 and 265; Andhra Pradesh Chit Funds Rules

Reported in : 2009[13]STR350

ambit and therefore it was contended that even culling out from the definition of the chit under the Chit Funds Act, 1982, there being an element of finance involved, it attracts cash management and asset management. Further, it has been … by any such Board comparable to the Divisional Board or the State Board. The School Tribunal constituted under Section 8 of the Maharashtra Act cannot entertain appeals filed under Section 9 by the employees working in schools which

Soudambika Finance Pvt. Ltd. Coimbatore and Etc. Etc. Vs. Union of Ind ...

Court : Chennai

Subject : Civil

Acts : Chit Funds Act, 1982 - Sections 4(3), 5, 6(1, 2 and 3), 7(2), 8, 12, 13, 14, 15, 16(2 and 3), 17(2), 18(4 and 5), 19, 20(1), 21, 22(2), 24, 28, 29, 30, 31, 39(2), 48(1), 50, 64, 75, 76, 77 and 79; Constitution of India - Articles 14, 19(1), 245 and 246; Chit Funds (Pondicherry) Rules, 1986; Pondicherry Chit Funds Act, 1966; Chitties Act, 1964; Cochin Kuris Regulations, 1932; Indian Penal Code (IPC), 1860; Reserve Bank of India Act, 1934 - Sections 45-N and 451; Tamil Nadu Chit Fund Rules, 1984 - Rules 4A, 13, 18(4 and 5), 28, 31 and 63; Companies Act, 1956 - Sections 39(2) and 48; Indian Registration Act, 1908

Reported in : AIR1993Mad190; [1995]82CompCas302(Mad)

considered and dealt with in common.2. The above writ petitions involve challenge to the constitutional validity of the Chit Funds Act, 1982 (Central Act 40 of 1982), hereinafter referred to as 'the Act' and the Tamil Nadu Chit Funds Rules, … the goods and the high price at which they sell them later.' 8. The Study Group in its report also dealt with the legislative measures … provided for. Accordingly, a new Cl. 77 was added. These clauses in the Bill correspond to the respective sections in the Act. The other amendments proposed by the Committee are of a clarificatory nature and are only

Margadarsi Chit Funt Pvt. Ltd., Hyderabad Vs. Government of Andhra Pra ...

Court : Andhra Pradesh

Subject : Commercial

Acts : Andhra Pradesh Chit Funds Act, 1971 - Sections 2(2 and 10), 3, 4, 5, 6, 8, 10, 12, 13(1), 14(1, 2 and 4), 21(1), 22(1), 27 to 29, 30, 51, 63, 66 and 90; Andhra Pradesh Chit Fund Rules, 1971 - Rules 3(3, 4 and 16) and 20; The Industries (Development and Regulation) Act, 1951; Taxtile Committee Act, 1963 - Sections 2; Chit Fund Act, 1982; Contracts of Employment Act, 1963; Kerala Agriculturists' Debt Relief Act, 1970 - Sections 4(1, 2 and 5)

Reported in : 1999(5)ALD718; 1999(5)ALT548

the State of Andhra Pradesh. The reports and recommendations of those committees were the basis for enactment of Chit Funds Act, 1982 (Central Act 40 of 1982). The Central Act is a comprehensive piece of Legislation, and the dominant purpose … a certificate of commencement from the Registrar before the commencement of any auction or drawing of any chit. Section 8 of the Act obligates the foreman of furnishing copies of registered Bye-laws and certificate of chit agreement to

Angel's Consultants Pvt. Ltd. and Anr. Vs. Anand Mehta and Co. and Anr ...

Court : Kolkata

Subject : BankingContract

Acts : Bengal Money-Lenders Act, 1940 - Sections 2(13), 8, 13 and 13(3); ;Reserve Bank of India Act, 1934 - Section 45

Reported in : 2005(1)CHN357

Court at pages 251, 252 of the judgment that it will bo noticed from Section 3 of the Chit Funds Act, 1982 that the said section which overrides other laws, memorandum or articles of association or bye-laws or any agreement … has not exempted the plaintiffs from taking licence under B.M.L. Act. In terms of Section 13 read with Section 8 of the said Act, there is a complete embargo to do money-lending business without licence, the learned Counsels

The D.C.i.T. Vs. Mangal Dayak Chit Fund (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (2005)92ITD258(Hyd.)

of the case are as follows.3.2 All these assessees are Chit Fund Companies. They are governed by the Chit Funds Act 1982 and the A.P. Chit Funds Act 1971 and the Rules formed there under. The assessees have filed their … matter before us.3.1 The sole issue arising for adjudication in these appeals is whether the penalty levied under Section 271 B by the Assessing Officer, in the case of a Chit Fund Company; on the ground that … the jurisdictional High Court in C.I.T. v. Lohia Trading Co. (226 ITR 873) wherein an argument was taken for the first time before the High

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

Court : Karnataka

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 … the Constitution.21. There is no serious challenge the Sections 5, 6 and 7 of the Act. As regards Section 8, the stipulation as to the minimum paid up capital in the case of companies is said to be