Advanced Search Results

i.C.i.C.i. Ltd. Vs. Ceeta Industries Limited and ors.

Court : Mumbai

Subject : Banking

Acts : Recovery of debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18, 19 and 31

Reported in : [2001]105CompCas426(Bom)

not.7. Learned counsel for the defendant brought to my notice an enactment of 1936, which is called The Decrees and Orders Validating Act, 1936, Learned counsel drew my attention to the particular Section 2 which reads as follows :'2. Certain decrees and

Gopi Das Mimani and Ors. Vs. Smt. Monika Daw and Ors.

Court : Kolkata

Subject : Land Acquisition

could not have amended its plaint pending before the Howrah Court in view of Section 2 of the Decrees and Orders Validating Act, 1936. It was precisely for that reason, the plaintiff on legal advice has diligently and in good faith prosecuted

Kanhaiya Lal Bhargava and anr. Vs. Banshi Lal and ors.

Court : Allahabad

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 39, Rule 1 - Order 43, Rule 1; Uttar Pradesh Encumbered Estates Act, 1934 - Sections 4 and 45; Debt Law

Reported in : AIR1950All444

learned counsel on various cases of this and other Courts and also on the provisions of Section 2, Decrees and Orders Validating Act v [5] of 1936. Having given our careful thought to these authorities, we have come to the conclusion

Seth Hiralal Patni Vs. Sri Kali Nath

Court : Supreme Court of India

Subject : Commercial

Acts : Code of Civil Procedure (CPC), 1908 - Sections 47 and 151; Decrees and Orders Validating Act, 1936

Reported in : AIR1962SC199; [1962]2SCR747; MANU/SC/0041/1961

appeal. It is not, therefore, necessary to determine the other points in controversy, including the question whether The Decrees and Orders Validating Act, 1936 (Act V of 1936) had the effect of validating what otherwise may have been invalid. 5. The appeal … amounting to one lakh of rupees, in respect of the transaction aforesaid. 2. The suit was eventually referred to the arbitration of one Mr. W. … passed as aforesaid by the Bombay High Court. 3. The appellant, as judgment-debtor, put in an objection under Sections 47 and 151 of the Code of Civil Procedure, objecting to the execution of the decree on a

Sushil Kumar Bose Vs. Emperor

Court : Kolkata

Subject : Criminal

Reported in : AIR1943Cal489

in India.13. The word 'valid' is not used in Ordinance No. 19 of 1948. Another example is the Decrees and Orders Validating Act (Act 5 of 1936), which is as follows:Whereas doubts have arisen as to the validity of certain proceedings … what appears to be its proper meaning.9. Sections 2, 4 and 5 of the Ordinance are quite clear. Section 2 repeals ordinance 2 of 1942. Section 4 declares the pending proceedings under ordinance 2 of 1942 to be

Murlidhar Vs. Gorakh Ram Sadho Ram and ors.

Court : Allahabad

Subject : Property Civil

Reported in : AIR1941All358

No. 374 of 1931. Learned Counsel for the appellant frankly brought to our notice the provisions of the Decrees and Orders Validating Act (Imperial Act 5 of 1936) and under Section 2 of that Act no decree passed or order made

In Re: R. Subbarayan

Court : Chennai

Subject : Criminal

Reported in : AIR1943Mad602; (1943)2MLJ247

Ordinance No. XIX of 1943, because the Governor-General had not adopted the language to be found in the Decrees and Orders Validating Act, 1936 (Act V of 1937), but the fact that the section does not speak specifically of validation is, in … (1) of Section 3 purports to validate subject to rights of appeal and powers of revision conferred by Sub-section (2), sentences already passed by Special Courts constituted under the earlier Ordinance. The petitioner denies that Sub-section (1) has

Myers Vs. Bethlehem Shipbuilding Corp.

Court : US Supreme Court

Subject : MRTP

303 U. S. 52 . 88 F.2d 154, 89 id. 1000, reversed. Certiorari, 302 U.S. 667, to review decrees affirming decrees of the District Court in two cases, 15 F.Supp. 915, heard together below. The decrees granted … that charge, the Board filed, on April 13, 1936, a complaint which alleged, among other things, that … respondent constitute unfair labor practices affecting commerce, within the meaning of Section 8, subdivisions (1) and (2) and Section 2, subdivisions (6) and (7) of said [National Labor Relations] Act." The complaint alleged specifically: "The respondent, in the … foreign commerce, and its provisions are applicable only to such commerce. In order to protect it, the act seeks to promote collective bargaining; confers upon … administrative agencies set up by Congress to aid in the enforcement of valid legislation." It is true that the Board has jurisdiction only if the

Vodafone International Holdings B.V., a Company Incorporated Under the ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 1(2), 2, 2(17), 2(23A), 2(31), 2(37), 2(47), 4, 4(1), 4(2), 5(2), 9, 9(1), 23(1), 23(3), 24, 26, 64, 64(2), 173, 191, 192(1A), 194, 194C(1), 195, 195(1), 195(2), 195(3), 197, 199, 200, 201, 203A, 221, 221(1), 201(1A), 245S, 246A and 271C; Foreign Contribution Regulation Act; Indian Official Secrets Act; Constitution Act; Information Technology Act; Indian Passport Act; Indian Income Tax Act, 1922 - Sections 18, 19 and 42; Finance Act, 2008; Indian Telegraph Act, 1885; MRTP Act - Sections 33; Finance Act, 2002 - Sections 201; Companies Act; Income Tax (Amendment) Act, 2008 - Sections 191 and 201; Income Tax (Amendment) Act, 2002; Income Tax (Amendment) Act, 2003; Income Tax Rules - Rules 30 and 31A, 41E; Constitution of India - Articles 14, 19(1

Reported in : 2009(4)BomCR258; (2008)220CTR(Bom)649; [2009]311ITR46(Bom)

to retrospectively legislate, such retrospectivity is normally not permissible to create an offence retrospectively. There were clearly judgments, decrees or orders of courts and Tribunals or other authorities, which required to be neutralised by the validation clause. … vitiating factors noticed in the declaratory-judgment are removed or cured. Such a validating law can also be made retrospective. If, in the light of such … of the matter. We must of necessity, therefore, have regard to the actual provisions of the Act and the rules made thereunder before we can … Counsel submitted that the definition of 'person' ex-facie includes a foreign company. In this behalf he referred to Section 2(31) r/w. 2(17) which reads as under Section 2(17) 'company' means -(i) any Indian company, or(ii) any body corporate

Sri Thakur Krishna Chandramajiu Vs. Kanhayalal and ors.

Court : Allahabad

Subject : PropertyCivil

Acts : Evidence Act, 1872 - Sections 65 and 74(2); Hindu Law; Transfer of Property Act, 1882 - Sections 41; Code of Civil Procedure (CPC) , 1908 - Order 32, Rule 3

Reported in : AIR1961All206

have dealt with all the points raised before us. We need not go into the question whether the Decrees and Orders Validation Act V of 1936 would bar the jurisdiction of the Court to question the validity of the … all the points raised before us. We need not go into the question whether the Decrees and Orders Validation Act V of 1936 would bar the jurisdiction of the Court to question the validity of the decree.41. … which we are now concerned is that the suit was barred by Section 41 of the Transfer of Property Act and by limitation. It is … deity and that the same are unaffected by the mortgtages, dated the 22nd June, 1925 and 24th December, 1925 and the decree thereon in suit