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Aluminium Industries Ltd. Vs. Union of India (Uoi)

Court : Kerala

Subject : Customs

Acts : Customs Tariff Act, 1975 - Sections 2 and 3; Finance Act, 1981 - Sections 47; Customs Act, 1962 - Sections 2(11), 2(12), 2(23), 2(27), 2(28), 7, 8, 12, 14, 15, 15(1), 16, 17, 25, 25(1), 29, 30, 31, 32, 33, 34, 45, 46, 47, 48, 68, 106, 110, 111, 113 and 115; Finance Act, 1980 - Sections 4(4) and 47; Customs Act, 1886; Customs Tariff Act, 1894; Sea Customs Act, 1878 - Sections 37, 57 and 86; Customs Rules; Customs Regulations

Reported in : 1985(4)ECC1; 1985LC554(Kerala); 1999(110)ELT474(Ker)

30, 31, 32, 33, 34.45, 46, 47, 48, 68, 106, 110, 111, 115; Finance Act, 1980, Section 4(4); Finance Act, 1981, Section 47; Customs Tariff Act, 1975, Section 3 ; Countervailing Duty; Notfn. Nos. 176/79-CUS., 186/79-CUS, 41/80-CUS., 75/81-CUS., 76/81-CUS. -

Amar Kumar Prasad Sinha, and anr. Vs. State of Bihar.

Court : Patna

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Section 482; Indian Penal Code (IPC) - Sections 420, 467, 468, 34; Bihar Finance Act, 1981 - Sections 49(2), 49(3), 49(5)

Sections 420, 467, 468/34 of the Indian Penal Code and under Sections 49(2) & 49(3) of the Bihar Finance Act, 1981.2. Short fact of the case is that, a written application of Assistant Commissioner, Commercial Taxes, Hajipur Circle, Hajipur, … 1. Two petitioners, who are husband and wife, have approached this court while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, with a prayer to quash an order dated 8.3.2001, and passed

M. Kanagasabapathy Vs. the Special Officer,

Court : Chennai

Subject : Labour and Industrial

Acts : Tamil Nadu Co-operative Societies Act, 1983 - Sections 2(19), 3 to 20, 21 to 31, 32 to 36A, 37 to 51, 52 to 65, 66 to 72, 73 to 79, 80 to 89, 90, 91, 92 to 102, 103 to 110, 111 to 136, 137 to 142, 143 to 150, 151 to 156, 167 to 184; Tamil Nadu Payment of Subsistence Allowance Act, 1981 - Sectrion 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12; Bombay Co-operative Societies Act, 1925 - Sections 54; Bombay Industrial Relations Act, 1946; Life Insurance Corporation Act, 1956; Industrial Disputes Act, 1947 - Sections 2; Co-operative Societies Act; Industrial Employment (Standing Orders) Act, 1946; Companies Act, 1956; Criminal Law (Amendment) Act, 1952 - Sections 6 and 7; Indian Penal Code; Prevention of Corruption Act; Ghatwali Lands Act, 1859 - Sections 1 and 9; Court and Wards Act, 1870

Reported in : (2008)1MLJ270; 2007(5)CTC392

Acts to find out whether it is possible to construe harmoniously the provisions of Section 4 of the Finance Act and Section 49 of the Sugarcane Act. If it is not possible then an effort will have to … question. After referring to the provisions contained in Section 2(a) of the Tamil Nadu Payment of Subsistence Allowance Act, 1981, (hereinafter called as Act 43 of 1981), and Section 2(19) of the Tamil Nadu Cooperative Societies Act, 1983 … giving it overriding effect, can also be applied. Such a provision is there in the RDB Act, namely, Section 34. A similar situation arose in Maharashtra Tubes Ltd. v. State Industrial and Investment Corporation of India : [1993]1SCR340

The Tata Iron and Steel Company Ltd. Vs. State of Jharkhand and ors.

Court : Jharkhand

Subject : Sales Tax

Acts : Bihar Finance Act, 1981 - Sections 10 and 34; Bihar Sales Tax Rules, 1983 - Rule 34

Reported in : 2005(1)BLJR229; [2005(1)JCR366(Jhr)]

to make application for refund in the statutory form namely Form XX under Section 42 of the Bihar Finance Act, 1981 read with Rule 34 of the Bihar Sales Tax Rules, 1983 which in fact relates to refund arising

State of Bihar and ors. Vs. Harihar Prasad Debuka and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 301 to 305; Bihar Finance Act, 1981 - Sections 31(2); Bihar Finance (Amendment) Act, 1984

Reported in : AIR1989SC1119; 1989(2)BLJR85; 1989(1)SCALE464; (1989)2SCC192; [1989]1SCR796; [1989]73STC353(SC); 1989(1)LC684(SC)

of Articles 301 and 304 of the Constitution of India.2. Sub-section (2-a) of Section 31 of the Bihar Finance Act, 1981 was substituted by Bihar Finance Act, 1984 as follows:(2-a) A person transporting goods shall carry a declaration in … a form of declaration or adopt a form of declaration or permit prescribed for the purpose of Sections 34 & 35 of this part, and, he may also prescribe in the said notification, the manner in which

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

Court : Jharkhand

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 law … Section 33 of the Tamil Nadu General Sales Act, 1959 confers power of revision upon the Deputy Commissioner. Section 34 prescribes special power of Joint Commissioner of Commercial Taxes. According to this section, the Joint Commissioner of Commercial

Allahabad Bank Vs. Canara Bank and Another

Court : Supreme Court of India

Subject : BankingCompany

Acts : Companies Act, 1956 - Sections 19, 232(1), 442, 445, 446, 529A and 537; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18, 19, 20, 22, 25 and 34; Constitution of India - Articles 226, 227 and 323A; Banking Regulation Act, 1949 - Sections 5; Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970; Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 - Sections 3; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Companies (Amendment) Act, 1960; Life Insurance Corporation Act, 1956 - Sections 15 and 41; Old Companies Act, 1913 - Sections 171; Banking Companies Act, 1949 - Sections 45C; Civil Procedure

Reported in : 2000(3)ALLMR(SC)475; 2000(2)CTC723; JT2000(4)SC411; 2000(3)SCALE169; (2000)4SCC406; [2000]2SCR1102; AIR 2000 SC 1535; MANU/SC/0262/2000

of the Companies Act, 1956-namely (i) the Industrial Credit and Investment Corporation of India Ltd; (ii) the Industrial Finance Corporation of India; (iii) the Industrial Development Bank of India; (iv) the Life Insurance Corporation of India and … institutions.16. The said Act is the result of two Reports, one of 1981 of a Committee headed by Sri T. Tiwari and the other by … filing of the OA for adjudication of the debt nor for executing the decree passed by the Tribunal. Section 34(1) gives overriding effect to the provisions of the Act save as provided in Section 34(2). Section 34(2) as

Aluminium Industries Ltd. Vs. Union of India (Uoi)

Court : Kerala

Subject : ExciseCustoms

Acts : Customs Tariff Act, 1975 - Sections 2, 2(11), 2(13), 2(23), 2(25), 2(26), 2(27), 3, 12, 13, 14, 15, 18 to 24, 25, 30, 31, 32, 33, 34, 37, 45 to 49 and 68; Customs Act, 1962 - Sections 15(1) and 25(1); Finance Act, 1981; Central Excise Act

Reported in : 1984(2)ECC164; 1984(16)ELT183(Ker)

numbered as 75 and 76 were issued. The effect of the first, read with the provisions of the Finance Act, 1981 was to re-impose auxiliary duty up to 5%. And the effect of the second, rescinding the notification dated … allowed to be unloaded, and the unloading shall be at approved places only, under Sections 32 and 33. Section 34 insists that unloading shall be under the supervision of the proper officer. Section 37 confers power on that

Tungabadra Sugar Works Mazdoor Sangh Represented by Its President Vs. ...

Court : Chennai

Subject : Company

Acts : Companies Act, 1956 - Sections 442, 446, 446(1), 456, 457, 529A, 530 and 537; Income Tax Act, 1961; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18, 19(7), 19(19), 19(22), 25 to 30, 32, 34, 34(1) and 34(2); State Financial Corporations Act, 1951 - Sections 31 and 46B; 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; Life Insurance Corporation Act, 1956 - Sections 15 and 41; Income Tax Rules - Rules 38 and 52(2); Companies (Court) Rules, 1959 - Rules 9 and 117; Recovery of Debts Due to Banks and Financial Institutions Rules; Constitution of India - Articles 136, 226 and 227

Reported in : (2009)8MLJ15

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 … The Tiwari Committee which recommended the constitution of a Special Tribunal in 1981 for recovery of debts due to banks and financial institutions stated in … Section 446 of the Companies Act has no application in the present case once RDB Act applies because Section 34 expressly envisages over-riding effect to the provisions of 1993 Act; that RDB Act 1993 is a special law

Anil Ritolla @ A.K. Ritolia Vs. State of Bihar and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Bihar Finance Act, 1981; Bihar Sales Tax Act; Bihar Sales Tax Rules - Rules 14 and 12(2); Indian Penal Code (IPC) - Sections 23, 24, 34, 384, 415, 420 and 427; Code of Criminal Procedure (CrPC) - Sections 482

Reported in : 2008CriLJ353; JT2007(7)SC147; 2007(11)SCALE401; (2007)10SCC110; 2007AIRSCW6332; (2007)4Crimes44(SC)

as per the requirement of the law stipulated by the Rule 12 of Sub-rule (2) (sic) of Bihar Finance Act, 1981 it is the obligatory duty of the selling dealer to furnish a declaration in writing to the purchasing … of Bihar Sales Tax Rules. The Second respondent herein filed a complaint petition alleging commission of offence under Section 427, 384 and 420/34 of the Indian Penal Code, inter alia, holding:That it is not out of place