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State of Kerala and ors. Vs. Maharashtra Distilleries Ltd. and ors.
Supreme Court of India
May-06-2005
Excise
Kerala Abkari Act - Sections 6, 7, 11, 12, 14, 17, 18, 18A, 21 and 29; Kerala Abkari Rules; Kerala Sales Tax Act; Kerala General Sales Tax Act, 1963 - Sections 2, 5, 5(1), 5(2C) and 35; Kerala Finance Act, 2001 - Sections 3A; Kerala Distillery and Warehouse Rules, 1968 - Rules 16(1), 47, 50 and 52; Foreign Liquor Storage in Bond Rules, 1961 - Rules 3, 3(1), 11 and 11(1); Foreign Liquor Rules, 1953 - Rules 3, 13(9) and 14; Cochin Abkari Act - Sections 10, 14, 24, 29 and 29(2); Kerala Abkari Shops (Disposal in Auction) Rules, 1974 - Rule 3(1A); Central Sales Tax Act, 1956; Finance Act, 2001; Constitution of India - Articles 301, 304, 304(1) and 311; Sea Customs Act, 1878 - Sections 20; Central Excise Act, 1944 - Sections 3
AIR2005SC2594; JT2005(5)SC427; (2005)11SCC1; [2005]141STC358(SC)
Abkari Act, Kerala Sales Tax Act, Sections 2, 5, 5(1), 5(2C) and 35 of Kerala General Sales Tax Act, 1963, Section 3A of Kerala Finance Act, 2001, Kerala Distillery and Warehouse Rules, 1968, Foreign Liquor Storage in Bond Rules, … Government so directs', and Clauses (b), (c), (f) and (g) stand deleted.16. In exercise of powers conferred by Section 29 of the Abkari Act the Government of Kerala has framed Rules for the establishment and working of Distilleries,
Tag this Judgment! AI Brief & AskD.R. Industries Ltd. and anr. Vs. Union of India (Uoi) and 3 ors.
Gujarat
Mar-13-2008
Excise
Central Excise Act, 1944 - Sections 11AB, 11AC, 35, 35(1), 35B(1), 35B(5), 35A(4A) and 35E(3); Excise Act, 1980; Finance Act, 1980; Finance Act, 2001; Limitation Act, 1963 - Sections 4 to 24 and 29(2); Finance Act, 2007; Central Excise Rules, 1944 - Rule 173Q(1); Andhra Pradesh Administrative Tribunal (Procedure) Rules, 1989 - Rule 17 and 17(2); Constitution of India - Articles 14 and 226
2008(127)ECC61; 2008(153)LC61(Gujarat); 2008(229)ELT24(Guj)
the date of communication of the order without any reference either way regarding power to condone delay. By Finance Act, 1980, the Parliament accepted the public demand for setting up of an independent Appellate Tribunal for Customs and … also has the equal power to provide for the maximum period of condonable delay.10. While enacting the Limitation Act, 1963 providing for limitation of suits and other proceedings, the Parliament provided in Section 5 of the said Act … as prescribed in the Act, the Court will have the power to condone the delay. Sub-section (2) of Section 29 of the Limitation Act also provides that where any civil or local law prescribes a period of limitation
Tag this Judgment! AI Brief & AskKsl and Industries Ltd. Vs. Arihant Threads Ltd. and ors.
Supreme Court of India
Aug-25-2008
SICABanking
Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 2, 3, 15 to 19, 19A, 20, 21, 22, 22(1), 22A, 25, 29, 32 and 32(1); Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 25, 28, 29, 30, 34, 34(1) and 34(2); Income Tax Act, 1961 - Sections 72A; Companies Act, 1956 - Sections 529(1) and 529A; Foreign Exchange Regulation Act, 1973; Urban Land (Ceiling and Regulation) Act, 1976; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951 - Sections 29 and 46B; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Small Industries Development Bank of India Act, 1989; Code of Civil Procedure (CPC) , 1908 - Sections 9; Recovery of Debts Due to Banks and Financial Institutions (Amendment) Act, 2000;
IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763
of, the Industrial Finance Corporation Act, 1948, the State Financial Corporations Act, 1951, the Unit Trust of India Act, 1963, the Industrial Reconstruction Bank of India Act, 1984 and the Sick Industrial Companies (Special Provisions) Act, 1985 and … follow procedure laid down in Chapter IV. Chapter V relates to `Recovery of debt determined by the Tribunal'. Section 29 declares that the provisions of the Second and Third Schedules of the Income Tax Act, 1961 will apply
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Asis Kumar Maity and Others Vs. State of West Bengal and Others
Kolkata
Dec-21-1994
Constitution
Constitution of India - Articles 14 to 18, 29, 46, 162, 226, 309, 340 and 342;; West Bengal Medicial and Dental Colleges (Regulation and Admission) Act, 1973;; West Bengal Medical and Dental Colleges (Regulation and Admission) (Amendment) Act, 1977;; Finance Act, 1963 - Section 4;; Constitution (First Amendment) Act, 1951
AIR1995Cal160
he considered whether by saying that the new definition of 'Tax Recovery Officer' substituted by S.4 of the Finance Act, 1963 'shall be and shall be deemed always to have been substituted' it could be said that by necessary … of Article 15 of the Constitution is to bring Articles 15 and 29 in line with Articles 16(4), 46 and 340 of the Constitution, and … of which have a definite signification. The exercise of the power under sub-clause (ii) of clause (44) of Section 2 of the Act is more of an executive than a legislative act. It becomes, therefore, all the
Tag this Judgment! AI Brief & AskAshoka Mills Ltd., Ahmedabad Vs. Nagindas Parsottamdas Modi and anr.
Gujarat
Apr-17-1993
Labour and Industrial
Industrial Disputes Act, 1947- Sections 33C(2)
(1994)2GLR1073; (1994)ILLJ655Guj
delay in filing appeal to the Director of Agricultural Marketing and Rural Finance under Section 27(5) of the Gujarat Agricultural Produce Markets Act (20 of … Panchal, J. 1. Whether provisions of S. 5 of the Limitation Act, 1963 can be made applicable to an application filed under S. 79(1) read with Sub-sec 3(a) of the Bombay … the Punjab Land Revenue Act (17 of 1887) for setting aside the sale, is maintainable by virtue of Section 29(2) of the Limitation Act, as Punjab Land Revenue Act is a special Act. In Mahesh Harilal Khamar's case
Tag this Judgment! AI Brief & AskAmritha Cyber Park (P) Ltd. Vs. Kerala Financial Corporation
Kerala
Jan-02-2006
Property
Kerala Revenue Recovery Act, 1968 - Sections 69, 69(2) and 71; Recovery of Debts due to Banks and Financial Institutions Act, 1999 - Sections 19 and 34(2); UP Public Monies (Recovery of Dues) Act, 1972; State Financial Corporations Act, 1951 - Sections 29, 31 and 32G; Industrial Finance Corporation Act, 1948; Unit Trust of India Act, 1963;Industrial Reconstruction Bank of India Act, 1984;Sick Industrial Companies (Special Provisions) Act, 1985;Small Industries Development Bank of India Act, 1989
[2007]136CompCas446(Ker); 2006(2)KLT394
Act or the rules made thereunder shall be in addition to, and not in derogation of, the Industrial Finance Corporation Act, 1948 (15 of 1948), the State Financial Corporations Act, 1951 (63 of 1951), the Unit Trust … 1948 (15 of 1948), the State Financial Corporations Act, 1951 (63 of 1951), the Unit Trust of India Act, 1963 (52 of 1963), the Industrial Reconstruction Bank of India Act, 1984 (62 of 1984), the Sick Industrial Companies … only refer to recoveries provided under the SFC Act, that is Sections 29 and 31 of the SFC Act, I do not find any such … Ramachandran Nair, J. 1. Petitioner is challenging revenue recovery proceedings initiated under Section 69(2) of the Kerala Revenue Recovery Act, 1968, hereinafter called the 'RR
Tag this Judgment! AI Brief & AskFederal Bank Ltd. and ors. Vs. State of Kerala and ors.
Supreme Court of India
Mar-21-2007
Sales Tax
Kerala General Sales Tax Act, 1963 - Sections 2 and 5; Kerala Finance Act, 1998; Companies Act, 1956 - Sections 210(3); Sale of Goods Act, 1930 - Sections 4; Contract Act, 1872 - Sections 176; Constitution of India - Articles 14 and 19; Banking Companies Act, 1949 - Sections 2, 5, 6, 6(1), 8 and 29; Central Sales Tax Act, 1956 - Sections 2
[2007]137CompCas44(SC); 2007(2)CTC848; JT2007(5)SC91; 2007(3)KLT106(SC); 2007(4)SCALE613; (2007)4SCC188; (2007)6VST736(SC); 2007AIRSCW2411
of 2003 filed by Federal Bank Ltd. and Ors. v. State of Kerala and Ors.2. By the Kerala Finance Act, 1998 a Clause (g) was inserted in Section 2(viii) by which the definition of the word 'dealer' was … is: whether banks are 'dealers' under Section 2(viii) read with Explanation I of the Kerala General Sales Tax Act, 1963. Since common question of law arises in both the civil appeals, they are heard together and disposed of … shares, money bullion and specie, and all instruments referred to in Clause (a) of Sub-section (1) of Section 6.Section 29. Accounts and balance-sheet.-(1) At the expiration of each calendar year (or at the expiration of a period of
Tag this Judgment! AI Brief & AskCommissioner of Income-tax Vs. Agricultural Produce and Market Committ ...
Mumbai
Mar-28-2007
Direct Taxation
Agricultural Produce Marketing (Regulation) Act, 1963 - Sections 29, 31, 36, 37 and 52A; Income Tax Act, 1961 - Sections 2(15), 10(20), 11, 12, 12A, 12AA, 80G and 260A; Finance Act, 2002; Bombay Shops and Establishment Act, 1948 - Sections 2(4); Income Tax Act, 1922 - Sections 4(3); Companies Act, 1956 - Sections 25; Finance Act, 1983
(2007)210CTR(Bom)386; [2007]291ITR419(Bom)
Schedule annexed to the 1963 Act.15. Powers and duties of the market committees (assessees) are set out in Section 29 of the 1963 Act. Section 29 of the 1963 Act, to the extent relevant herein, reads thus:29. Powers … local authorities were covered under Section 10(20) of the Act and their income was exempt. However, by the Finance Act, 2002, with effect from April 1, 2003, an Explanation has been added to Section 10(20) of the Act … Income-tax Appellate Tribunal is justified in holding that the market committees constituted under the Agricultural Produce Marketing (Regulation) Act, 1963 are established for charitable purposes and accordingly directing the Commissioner of Income-tax to grant registration under Section 12A/12AA
Tag this Judgment! AI Brief & AskHdfc Bank Ltd. and anr. Vs. Kishore K. Mehta and ors.
Mumbai
Jun-30-2008
Civil
Presidency-Towns Insolvency Act, 1909 - Sections 9, 9(1), 9(2), 9(3) and 9(5); Recovery of Debts Due to Banks and Financial Institutions Act, 1994 - Sections 17, 17A, 17(1), 18, 19, 19(1), 19(4), 19(7), 19(12), 19(13), 19(17), 19(18), 19(19), 19(22), 20, 21, 22, 22(2), 23, 24, 25 to 30, 31A, 34, 34(1) and 34(2); Companies Act, 1956 - Sections 529A; Limitation Act; Income Tax Act, 1961; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Sick Industrial Companies (Special Provisions) Act, 1985; Small Industries Development Bank of India Act, 1989; Uttar Pradesh Public Monies (Recovery of Dues) Act, 1972; Rajasthan Relief Undertakings (Special Provisions) Act, 1961; Ren
2008(6)BomCR340
of the Industrial Finance Corporation Act, 1948, the State Financial Corporations Act, 1951, the Unit Trust of India Act, 1963, the Industrial Reconstruction Bank of India Act, 1984, the Sick Industrial Companies (Special Provisions) Act, 1985 and the … property in the manner laid down in the Third Schedule of the Income-tax Act, 1961 (43 of 1961). Section 29 provides for application of certain provisions of the Income-tax Act and it states that the provisions of the
Tag this Judgment! AI Brief & AskShree Bihr Jute Twine Mills Ltd. and anr. Vs. the Bihar State Financia ...
Kolkata
Apr-22-1999
Company
Constitution of India - Articles 14, 19, 21 and 226;; Constitution of India (Amendment) Act, 1963 - Article 226(1);; Constitution of India (Amendment) Act, 1976;; State Finance Corporation's Act, 1951 - Section 29;; Companies Act, 1956;; Rajasthan Improvement Act, 1959 - Section 52
(1999)2CALLT527(HC)
at their address at 150, B.K. Pal Avenue, Calcutta.5. Earlier, the respondent Finance Corporation had issued a notice dated 31.12.84 calling upon the petitioner No.1 … correct.14. It is now well settled that prior to insertion of Clause (1A) by the Constitution, 15th Amendment Act. 1963 in Article 226(1) of the Constitution, which has been renumbered as Clause (2) by the Constitution (42nd) Amendment … cause of action. A notice demanding payment whereby an opportunity is afforded to the defaulter before proceedingscontemplated under section 29 of the State Financial Corporation are taken does not constitute part of the cause of action much less
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