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Sep 08 2000

Mc. Dowell and Co., Ltd. and Another Vs. State of Andhra Pradesh and A ...

Court : Andhra Pradesh

Decided on : Sep-08-2000

Subject : Property

Acts : Urban Land (Ceiling and Regulation) Act, 1976 - Sections 6 to 10, 15, 19, 20(1) and 21; Constitution of India - Articles 19(1) and 300(A); Companies Act, 1956

Reported in : 2000(6)ALD199; 2000(6)ALT369

1. The matter arises under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 2. All the writ petitions can be disposed of by a common Order. In WP No.23773 of 1998, … open for the Government to grant exemption under Section 20 or permitting the excess land-holder to retain under Section 21 or 22 as the case may be. For proper appreciation of the case, it is necessary to extract … Act including Andhra Pradesh State Financial Corporation for the purpose of raising finances for the industry.' When it was brought to the notice of the

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Apr 04 2007

Binani Industries Ltd., Kerala Vs. Assistant Commissioner of Commercia ...

Court : Supreme Court of India

Decided on : Apr-04-2007

Subject : Sales Tax

Acts : Karnataka Sales Tax Act, 1957 - Sections 3A, 5, 5C, 12A, 13A(1), 20, 21, 21(1), 21(2), 22, 22A, 23, 24 and 25A; Customs Act, 1873; Karnataka Taxation laws (Second Amendment) Act, 1996 - Sections 5C, 5(3), 5(91), 7 and 21; Karnataka Tax on Luxuries Act, 1979; Karnataka Tax on Professions, Trades, Callings and Employments Act, 1976; Karnataka Entertainments Tax Act, 1958; Karnataka Agricultural Income Tax Act, 1957; Sale of Goods Act, 1930 - Sections 4; Finance Act, 1952; Income Tax Act, 1922 - Sections 34 and 35(10); Finance Act, 1956; Karnataka Sales Tax Rules, 1957 - Rule 6(4); Constitution of India - Article 366

Reported in : JT2007(5)SC311; 2007(5)SCALE429; 2007(1)LC0515(SC); (2007)6VST783(SC); 2007AIRSCW3071; JT2007(5)SC311; 2007-08(6)VATToday128; 2007(2)KCCRSN81; 2007(4)AIRKarR295

income tax for the year 1952-53, the appellant, a company had been granted under the provisions of the finance Act, 1952, a rebate on a portion of its profits of the previous year, that is, 1951 which it … mentioned Acts; i) Karnataka Tax on Luxuries Act, 1979. ii) Karnataka Tax on Professions, Trades, Callings and Employments Act, 1976. iii) Karnataka Entertainments Tax Act, 1958. iv) Karnataka Agricultural Income Tax Act, 1957. v) Karnataka Sales Tax Act, … view the directions contained in the Circular of 23.10.1999 re-assessment proceedings were initiated and/or action in terms of Section 21 for revision was initiated. Both these actions related to completed assessments.4. A learned Single Judge while dealing with

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Nov 10 1999

Geo Seafoods Vs. Additional Sales Tax Officer Iv and anr.

Court : Kerala

Decided on : Nov-10-1999

Subject : Sales Tax

Acts : Kerala General Sales Tax Act, 1963 - Sections 17 and 17(6); Finance Act, 1993; Kerala General Sales Tax Rules, 1963 - Rule 32(21)

Reported in : [2000]119STC236(Ker)

of the assessments, then the entire assessments will be bad and likely to be struck down. By the Finance Act, 1993, the Legislature amended Section 17 of the Act and included Section 17(6). under Section 17(6), the maximum … of the enactment. This will be clear from the following observations in that case :'Under Sub-section (1) of Section 21 of the Act before its amendment, the assessing authority may, after issuing notice to the dealer and making … it is stated that the accounts for the years from 1974-75 to 1976-77 were with the Income-tax Department as a result of search and seizure

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Oct 22 1982

D.S. Gowda Vs. Corporation Bank Overruled

Court : Karnataka

Decided on : Oct-22-1982

Subject : Company

Acts : Mysore Usurious Loans Act, 1923; Reserve Bank of India (Transfer to Public Ownership) Act, 1948 - Sections 8(1), 20, 21A and 21B; The Indian Companies (Amendment) Act, 1936; Banking Companies Act, 1949; Banking Companies (Amendment) Act, 1950; Banking Regulation Act, 1949 - Sections 5, 10, 13 to 15, 17, 19 to 21, 23 to 28, 29, 30, 31, 34, 34A, 35, 35A, 36, 36AD, 46 to 49, 50, 51, 52 and 53; Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970; Banking Companies (Acquisition and Transfer of Undertakings) (Amendment) Act, 1980; Nationalising Act - Sections 3(5), 20, 51; India Contract Act - Sections 23; Mysore Usurious Loans (Amendment) Act, 1955

Reported in : [1985]57CompCas668(Kar)

all banking institutions. THE RESERVE BANK OF INDIA 19. In 1926, the Royal Commission on Indian Currency and Finance, by its report, had recommended the setting up of a General Bank. After much debate, the Reserve Bank … annum by another notification dated July 22, 1974. 43. On March 13, 1976, the Reserve bank issued a further notification, the relevant portion of which … has conferring power on the RBI : The B.R. Act has conferred enormous powers on the Reserve Bank. Section 21 of the B.R. Act confers a power to control advances by commercial banks and to regulate the interest

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Aug 30 1983

N. Rahmath and ors. Vs. Union of India and ors.

Court : Chennai

Decided on : Aug-30-1983

Subject : Excise

Acts : Central Excise Rules, 1944 - Rule 8; Central Excise Act, 1944 - Sections 3

Reported in : 1988(38)ELT425(Mad)

these cases are manufacturers of matches and they have challenged the constitutional validity of Section 52 of the Finance Act of 1982 and the conditions imposed in Notification No. 22/82[GSR 77(E)/82] dated 23rd February, 1982, on the ground … majority decision was that the impugned Act in that case, viz., the Life Insurance Corporation (Modification of Settlement) Act, 1976, violated Article 31(2) of the Constitution and as such void. Therefore the observations of Beg, C.J., cannot be … : (1) That the rules are violative of Articles 14, 19(1)(g) and 21 of the Constitution. (2) That the amending Act was invalid on the

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Mar 14 2008

Shivam Coke Industries and Rani Sati Coke Manufacturing Company Vs. St ...

Court : Jharkhand

Decided on : Mar-14-2008

Subject : Sales Tax/VATLimitation

Reported in : [2008(2)JCR267(Jhr)]; (2008)18VST289(Jharkh)

(Admn.), Dhanbad Division, Dhanbad whereby he has initiated suo motu revision proceedings under Section 46(4) of the Bihar Finance Act, 1981 and further for a declaration that the impugned notice issued by the Joint Commissioner is bad in … the expiry of four years from the date of the order.20. In 1976, an Ordinance was promulgated by which the Commissioner was vested with the … and may call for and examine the record and pass such order as he thinks just and proper.32. Section 21 of the Karnataka Sales Tax Act, 1957 confers power to the Joint Commissioner who may of his own

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Aug 30 1983

Bharat Match Works, Vanaramurthi and ors. Vs. Union of India and ors.

Court : Chennai

Decided on : Aug-30-1983

Subject : Excise

Acts : Central Excise Rules, 1944 - Rule 8; Central Excise Act, 1944 - Sections 37

Reported in : 1984(16)ELT3(Mad)

these cases are manufacturers of matches and they have challenged the Constitutional validity of S. 52 of the Finance Act of 1982, and the conditions imposed in Notification No. 22/82 [GSR 77(E)/82], dated 23-2-1982, on the ground of … majority decision was that the impugned Act in that case viz., the Life Insurance Corporation (Modification of Settlement) Act, 1976 violated Art. 31(2) of the Constitution and as such void. Therefore the observations of Beg C.J. cannot be … to set out the circumstances and the background in which the said Section 52 of the Finance Act came to be enacted giving retrospective effect … (1) That the rules are violative of Arts 14 , 19(1)(g) and 21 of the Constitution. (2) That the amending Act was invalid on the

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May 21 2012

Ms. the Windsor Castle, Kodimatha, Kottayam, Represented by M.O. Asram ...

Court : Kerala

Decided on : May-21-2012

Subject : Service Tax

and the scope of the statute was clarified by introducing a ‘proviso’ to Section 4(2) as per the Finance Act, 2007 w.e.f. 01.04.2007, making it clear that no luxury tax shall be payable for such charges received in … 1. Constitutional validity of the Kerala Tax on Luxuries Act 1976 (herein after referred to as the ‘KTL Act’), particularly Sections 4, 10, 15 and 16 forms the majo0r … (d) West Bengal Entertainments and Luxuries (Hotels and Restaurants) Tax Act (No. 21 of) 1972 (WP 5321 of 1985). Reference was also made to similar

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May 26 1998

Dr. M.V. Shetty Memorial Trust, Mangalore and Others Vs. Rajiv Gandhi ...

Court : Karnataka

Decided on : May-26-1998

Subject : Constitution

Acts : Rajiv Ganhdi University of Health Sciences Act, 1994 - Sections 4, 5(3), 33, 37(1), 41, 45, 62, 63 and 64; Constitution of India - Articles 14, 110 and 265; University Grants Commission Act, 1956 - Sections 12-A(1) and 22; Karnataka State Universities Act, 1976 - Sections 35

Reported in : 2000(1)KarLJ48

conduct of Examination throughout the State is not comparable with other established Universities in the State. Examination and Finance Branches have been computerised for rendering speedy service to the students and affiliated colleges. Part of the Administration … learned Counsel by adverting to the provisions of the 1994 Act and that of the Karnataka State Universities Act, 1976. Section 4(xv) of the 1994 Act, provides that subject to the provisions of the Act and such conditions as … accordingly dismissed. No costs. NDPS Act, 1985 - Section 8(C) r/w Sections 21, 27, and 29--The third accused is alleged to have procured 1.78 kg.

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Aug 25 2008

Ksl and Industries Ltd. Vs. Arihant Threads Ltd. and ors.

Court : Supreme Court of India

Decided on : Aug-25-2008

Subject : SICABanking

Acts : 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;

Reported in : IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763

provisions of the Foreign Exchange Regulation Act, 1973 (46 of 1973) and the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976) for the time being in force or in the Memorandum or Articles of Association of … other law'. The other statute was the Delhi Rent Control Act, 1958 (as amended by Act 18 of 1976). Section 14-A as inserted by the amendment Act conferred a right on a landlord to recover immediate possession of … and Arrangement for continuing operations during inquiry. Winding up of sick industrial company is found in Section 20. Section 21 allows Operating Agency to prepare inventory. under Section 22A, directions can be issued preventing disposal of assets in … was the predecessor of the Stressed Assets Stabilisation Fund (`SASF' for short), financed the project undertaken by the Company by way of foreign currency loan

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