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Bhupendra Steel (P) Ltd. Vs. Commissioner of Central Excise

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35L; Central Excise and Tariff Act, 1985; Finance Act, 1988 - Sections 15; Customs Tariff Act, 1975; Central Excise Rules, 1944 - Rules 8, 8(1), 56A and 57A

Reported in : 2008(129)ECC115; 2008(155)LC115(SC); 2008(227)ELT20(SC); 2008(8)SCALE660; (2008)7SCC520; 2008(13)SCC579; 2009AIRSCW379

does not include slag, ash and other residues.The same definition continued in the new Tariff. However, by the Finance Act, 1988, 'waste and scrap' came to be defined in Section Note 6 to Section 15, as meaning:metals, and … and rods falling under sub-heading 7228.30 and steel ingots falling under sub-heading 7226.20 of Central Excise and Tariff Act, 1985 (for short 'the Tariff Act'). The Government of India vide Notification No. 208/83-CE dated 1st August, 1983, as

P.V. Rajgopal and ors. Vs. Union of India and ors.

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10, 15, 17, 17(2), 17(3), 201, 264; Constitution of India - Article 226; Taxation Laws (Amendment) Act, 1984; Finance Act, 1985; Income-tax Act, 1952 - Sections 13-A, 16, 17(3), 24, 156(2) and 197; Trade Union Act, 1926 - Sections 15, 192, 194, 194-(A, B, BB, C, D, E, EF, F, G, H, I, J and k), 196-(A, B, C, and D), 197(2A), 200, 201 (1A), 203, 207, 211, 221, 234-B and 234-C

Reported in : 1998(4)ALD268; [1998]233ITR678(AP)

Finance Act, 19,85 withdrew the said amendment. This was explained by the memorandum explaining the provisions of the Finance Act, 1985 by Circular No.421, dated 12-6-1985 (1956 ITR 138), hi spite of this legislative history, an attempt was made … appreciate this argument, we have to go into the history of the legislation in this regard.Statutory Provisions :13. Section 15 charges, salaries to income-tax. Section 17 defines salary as including any fees, commissions, perquisites or profits in lieu

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

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 … Company Court and adjudicated in that Court. It was held that the said proceedings could not be transferred. Section 15 of the Life Insurance Corporation Act, 1956 - which we may say, roughly corresponds to Section 17 of … Industrial Reconstruction Bank of India Act, 1984 (62 of 1984) and the Sick Industrial Companies (Special Provisions ) Act, 1985(1 of 1986).The provisions of Section 34(1) clearly state that the RDB Act overrides other laws to the extent

Mittal Steels Ltd. and anr. Vs. Appellate Authority for Industrial and ...

Court : Karnataka

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(1), 15, 17(3) and 18; Constitution of India - Article 227

Reported in : IV(2004)BC497; [2004]118CompCas661(Kar); [2004]56SCL92(Kar)

respect of the reference made by the petitioner-company under Section 15 of the Sick Industrial Companies (Special Provisions) Act, 1985. The petitioners complain that the proposal placed before the Board in the form of reference by the board … also submit, if they so wish, a fully tied up comprehensive rehabilitation proposal indicating clearly the means of finance in response to the advertisement with or without induction of a resourceful co-promoter. In case the proposal is

Deepak Cochhar and anr. Vs. Indusind Bank Ltd.

Court : Mumbai

Subject : Civil

Acts : Presidency-Towns Insolvency Act, 1909 - Sections 9, 9(2); Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 19, 19(22), 20, 25 to 30, 34 and 34(1); Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 2(14), 36 and 144 - Order 21 - Order 45, Rule 1; Consolidation of Holdings Act, 1954; 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; Court fees Act, 1870 - Schedule II - Article 11; Arbitration Act; Companies Act; Displaced Persons (Debts Adjustment) Act, 1951

Reported in : 2006(3)BomCR520; 2006(4)MhLj194

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 Industrial Reconstruction Bank of India Act, 1984 (62 of 1984) and the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986).The provisions of section 34(1) clearly state that the RDB Act overrides other laws to the

Atiq Malik Vs. State of Uttaranchal and ors.

Court : Uttaranchal

Subject : Property

Reported in : AIR2007Utr78; I(2008)BC345; [2007]139CompCas355(Uttaranchal); [2008]88SCL267(NULL)

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 Industrial Reconstruction Bank of India Act, 1984 (62 of 1984), and the Sick Industrial Companies (Special Provisions) Act, 1985 and the Small Industries Development Bank of India Act, 1989.The above provision clearly makes it evident that the … by Dena Bank and another for winding up of the company under Sections 433, 434 and 439 of the Company Act, 1956, before High Court

Official Liquidator, Spark Plugs (i) Ltd. Vs. Bank of India and ors.

Court : Rajasthan

Subject : CompanyBanking

Reported in : [2007]135CompCas495(Raj); [2007]77SCL28(Raj); 2006(3)WLC565

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 Industrial Reconstruction Bank of India Act, 1984 (62 of 1984) and the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986).The provisions of Section 34(1) clearly state that the RDB Act overrides other laws to the

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

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 … the Industrial Reconstruction Bank of India Act, 1984 (62 of 1984) and the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986).The provisions of Section 34(1) clearly state that the RDB Act overrides other laws to the … Company Court and adjudicated in that Court. It was held that the said proceedings could not be transferred. Section 15 of the Life Insurance Corporation Act, 1956 'which we may say, roughly corresponds to Section 17 of the

Commissioner of Customs and Vs. Saibaba Ship Breaking

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Service Tax

Reported in : (2003)(90)ECC447

judgment referred to by Mr.A.D. Maru were concerned with interpretation of the word 'raw material' occurring in Bihar Finance Act, 1981. In paragraph 4 of the judgment the Court relied upon its own judgment in Collector v. Jay … of manufacture by virtue of Note 7 in Section XV of the Schedule to the Central Excise Tariff Act, 1985. Consequent to these two questions arose: (i) Whether the items emerging during the course of ship breaking falling … as an activity of manufacture by virtue of Note 7 in Section XV of the Schedule to the Central Excise Tariff Act, 1985. Consequent to

Gopal Chandra Sao and ors., Vs. Chief Engineer and BasIn Manager, Bait ...

Court : Orissa

Subject : Labour and Industrial

Acts : Industrial Dispute Act, 1947 - Sections 2; Constitution of India - Articles 226 and 227; Orissa Administrative Tribunals Act, 1985 - Sections 15

Reported in : 96(2003)CLT315; 2003(II)OLR244

the Industrial Tribunal and to invoke the writ jurisdiction by this Court.7. Section 15 of the Administrative Tribunals Act, 1985, reads as hereunder :'15. Jurisdiction, powers and authority of State Administrative Tribunals :(1) Save as otherwise expressly provided … of the cases. Similarly, Commissioner-cum-Secretary to Government of Orissa, in the Water Resources Department and Secretary, Department of Finance, are the opposite party members in some of the above noted writ applications.3. Since the cases and contention