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Mar 11 1985

Commissioner of Income-tax Vs. Bengal Assam Steamship Company Ltd.

Court : Kolkata

Decided on : Mar-11-1985

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 71, 72, 80A(2), 80C to 80VV and 154

Reported in : (1985)49CTR(Cal)23,[1985]155ITR26(Cal)

of which qualified for the special rebate under Para. F of Part I of Schedule I to the Finance Act, 1965, for the assessment year 1966-67. In granting the special rebate, the ITO computed the profits and gains … are authorities for the proposition that the deduction contemplated by one or the other of the sections in Chapter VI-A goes into the computation of the total income, that the set-off under Section 71 or under Section … of manufacture or production of the articles or things specified in Part III of the First Schedule to the Finance Act, 1965, here, soda ash,

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Aug 03 1982

G.A. Renderian Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Aug-03-1982

Subject : Direct Taxation

Acts : Finance Act, 1978 - Section 2(7); ;Income Tax Act, 1961

Reported in : (1983)32CTR(Cal)318,[1984]145ITR387(Cal)

the circumstances of the case, the assessee is an 'industrial company' in terms of Clause 2(7)(c) of the Finance Act, 1978?'2. The assessment year involved is 1978-79, for which the previous year ended 30th April, 1978. The assessee in … aforesaid activities included in its total income of the previous year (as computed before making any deduction under Chapter VIA of the Income-tax Act) is not less than fifty-one per cent. of such total income.'4. The assessee, … The assessment year involved is 1978-79, for which the previous year ended 30th April, 1978. The assessee in this year, as in the past, carried

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Jan 10 1994

C.K. Rajan Vs. State of Kerala and ors.

Court : Kerala

Decided on : Jan-10-1994

Subject : Trusts and Societies

Acts : Constitution of India - Article 226; Code of Civil Procedure (CPC) , 1908 - Sections 92 and 151 - Order 26, Rule 10; Kerala Guruvayur Devaswom Act, 1978 - Sections 27

Reported in : AIR1994Ker179

Head of the Department of Animal Reproduction, College of Veterinary and Animal Sciences, Mannuthy, Thrissur and Shri Ravindran, Finance Officer, Guruvayur Devaswom. In the audit report by the Local Fund authorities, it is mentioned that there was … (i) It is not disputed that the management of the Guruvayur temple is governed by the Guruvayur Devaswom Act, 1978. There may be other State legislations governing the functioning of religious institution in the State. The High Court … all matters dealt with in the interim reports. It contains 20 different Chapters. Chapters I to XIX deal with various specified matters and Chapter XX … via. Kunnamkulam sent a communication to one of us (Paripoornan, J.) dated 3-2-1993 highlighting gross irregularities, corrupt practices, maladministration and mismanagement in Sree Krishna Temple,

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Apr 06 1995

Ashoka and Company Vs. State of Bihar and ors.

Court : Patna

Decided on : Apr-06-1995

Subject : Sales Tax

to seize the items described in Annexure-2, in exercise of his power under Section 31(5)(a) of the Bihar Finance Act, 1981 (in short the Finance Act) and the order dated 5.10.94 (Annexure-6) passed under Section 33(5)(b) of the … a criminal or a civil court. 7. Shri Gadodia relying on Mewalal Kapildeo Prasad v. State of Bihar 1978 BBCJ 237 and Shiv Parwati Rice Mills v. Commissioner 1978 BBCJ 755 contended that in these cases the … challenge the order of confiscation under Section 6-A of the E.C. Act.8. Chapter XXI-C (Part V) of the Patna High Court Rules 1916 lays down … Criminal writ application the petitioner challenges the authority and jurisdiction of the 3rd respondent (Assistant Commissioner, Commercial Taxes, Urban Circle Jamshedpur) to seize the items

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Dec 08 2000

D. Sesharani and Ors. Vs. Managing Director, A.P. Women's Co-op. Finan ...

Court : Andhra Pradesh

Decided on : Dec-08-2000

Subject : Service

Acts : Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structures) Act, 1994 - Sections 1(2), 2, 3, 3(2), 4, 5, 6, 7, 7(1), 7A, 8, 9, 9A, 9A(2), 9A(3), 9B, 10(1), 10(2), 11, 12, 13, 13A to 13D, 13(1), 13(2), 14, 15, 16, 17, 18, 19 and 20; Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structures) (Amendment) Act, 1998 - Sections 3(1), 4, 5, 7 and 7A; ;Minimum Wages Act; Andhra Pradesh (Regulation of Appointments to Public Services and Rationalization of Staff Pattern) Ordinance, 1993; Kerala Essential Articles Control Act, 1986; Kerala Essential Articles Control (Amendment) Act, 1989 - Sections 11; ;Constitution of India - Articles 13, 14, 15, 16, 16(4), 19, 20, 21, 31,

Reported in : 2001(2)ALT607

of Ministers as well as Officers, held a meeting on 19-06-2000 in the Chambers of the Minister for Finance and passed the following resolution:'There is no necessity to formulate any new scheme for regularization of all the … by making retrospective laws. We are, therefore, firmly of the view that the Gujarat Panchayats (Third 6. Amendment) Act, 1978 is unconstitutional, as it offends Article 311 and 14 and it is arbitrary and unreasonable. We have considered … by giving one month's wages.31. Under second proviso, the workmen governed by Chapter V-B of the Industrial Disputes Act, 1947 are excluded from the purview … 212 123 1976 212 123 1981 263 150 1981 263 150 1993 323 1941998 319 194 1998 319 194 6. From the press reports and

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Jan 04 1996

Reserve Bank of India and Others Vs. Peerless General Finance and Inve ...

Court : Supreme Court of India

Decided on : Jan-04-1996

Subject : CommercialBanking

Acts : Reserve Bank of India Act, 1934 - Sections 45-K(3); Constitution of India - Articles 14, 19(1), 32 and 363; Indian Companies Act, 1913; Life Insurance Corporation Act, 1956; Banking Regulation Act, 1949; Companies (Amendment) Act, 1974; Companies Act, 1956; Prize Chits and Money Circulation Schemes (Banning) Act, 1978; Banking Act, 1987

Reported in : 1996IAD(SC)774; AIR1996SC646; [1996]85CompCas920(SC); JT1996(1)SC8; 1996(1)SCALE13; (1996)1SCC642; [1996]1SCR58

High Court dated May 3, 1995, is in the third round of the litigation between the Peerless General Finance & Investment Company Ltd. (hereinafter referred to as 'Peerless') and the Reserve Bank of India (hereinafter referred to … said Directions of 1977. While the said matter was pending, the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 was enacted by Parliament and it came into force with effect from December 12, 1978. The Bank took … as 'the Act') was amended by Act No. 55 of 1963 and chapter III-B (Sections 45(H) or 45(Q) which contains provisions relating to non-banking institutions

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Apr 06 1988

Punjab National Fertilizers and Vs. Collector of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Apr-06-1988

Subject : Excise

Reported in : (1988)(17)ECC105

any role in the classification. In support of her arguments, she has relied on the decisions reported in 1978 ELT (J 713), 1978 ELT (J 336), 1985 (21) ELT 3 (S.C.), 1979 ELT (J 65), 1987 (27) … Rules 9 and 49 of the Central Excise Rules, 1944 were made retrospective under Section 51 of the Finance Act, 1982. Therefore, SO3 manufactured and consumed by the appellants in the said case was chargeable to Central Excise … Schedule to Central Excise Tariff Act, 1985 read with Note 2(a) of Chapter 28 of the Schedule clearly covers Sodium Bicarbonate in impure form. For

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May 12 2000

Bhavesh D. Parish and Others Vs. Union of India and Another

Court : Supreme Court of India

Decided on : May-12-2000

Subject : Banking

Acts : Constitution of India - Articles 14 and 19(1); Reserve Bank of India Act, 1934; Banking Laws (Amendment) Act, 1983 - Sections 10; Prize Chits and Money Circulation Schemes (Banning) Act, 1978; Reserve Bank of India (Amendment) Act, 1997 - Sections 9 and 45S

Reported in : [2000]101CompCas459(SC); 2000(3)CTC178; JT2000(6)SC604; 2000(4)SCALE616; (2000)5SCC471; [2000]Supp1SCR291; 2001(1)LC54(SC); (2000)3UPLBEC2140

customers like agriculturists, such as cotton farmers, tobacco farmers, vegetable producers etc. who had a seasonal need for finance and a periodic surplus of investible funds. The flexibility of deposit and withdrawal of the funds available to … bodies in the press. While upholding the constitutional validity of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (Srinivasa Enterprises v. Union of India : [1981]1SCR801 this Hon'ble Court pointed out that for saving the poor … receiving deposits and to financial institutions. By amendment in 1963 a new Chapter III-B was inserted in the said Act. This chapter inserted sections 45-H … indicated in the list of relatives below:Litofrelatives1. Father 2. Mother (including step-mother) 3. Son (including step-son), 4. Son's wife, 5. Daughter (including stepdaughter), 6. Father's

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Aug 20 1996

S.Rm.M.Ct.M. Thiruppani Trust Rep. by Its Trustee, M.Ct. Pethachi Vs. ...

Court : Chennai

Decided on : Aug-20-1996

Subject : Trusts and Societies

Acts : Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 - Sections 20(1) and 22

Reported in : 1997(1)CTC695

Nadu Urban Land (Ceiling and Regulation) Act, 1978 which is as follows:-20 CHAPTER NOT TO APPLY TO CERTAIN VACANT LANDS :-(1) Subject to the provisions … of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970)(e) the Industrial Finance Corporation of India, established under the Industrial Finance Corporation Act, 1948 (Central Act 15 of 1948), the Life … further submitted that S.RM.M.CT.M. Thiruppani Trust was in existence when the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 came into force on 3rd August, 1976. He also referred to a communication relating to the Recognition Order … quash the order dated 9.5.1989 made therein (confirming the order of the 3rd respondent in A2/SRA/4/81, dated 19.9.1988.2. The petitioner herein is S.RM. M.CT.M Thiruppani

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Jul 22 1993

Kishore Chandra Patel and Etc. Etc. Vs. State of Orissa and ors.

Court : Orissa

Decided on : Jul-22-1993

Subject : Constitution

Acts : Orissa Special Courts Act, 1992 - Sections 2, 3(2), 4, 5, 5(1), 5(2), 6(2), 9(1), 13 to 15, 16, 19 and 20; Constitution of India - Articles 14, 20(3), 21, 32, 37, 38, 226 and 235; Evidence Act, 1872 - Sections 101 to 104

Reported in : AIR1993Ori259; 76(1993)CLT720

cases cited by Shri Rath, the learned Advocate-General refers us to State of Madhya Pradesh v. Azad Bharat Finance Company, AIR 1967 SC 276, wherein while dealing with the word 'shall' as appearing in Section ll(d) of … 300-A of the Constitution gets attracted. As is known, that article was inserted by the Constitution (44th Amendment) Act, 1978, which had omitted Article 19(l)(f) dealing with right to hold property from the Constitution. But then, Article 300-A … Section 5 is hit by Article 14. (6) The provisions contained in Chapter III of the Act including Section 16 contravene Articles 14, 20(2), 20(3)

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