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Maharashtra State Co-operative Bank Limited and anr. Vs. the State of ...

Court : Mumbai

Subject : Banking

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 9 - Order 1, Rule 1; Maharashtra Co-operative Societies Act, 1960 - Sections 2(2), 2(10), 60 and 70; National Bank for Agricultural and Rural Development Act, 1981 - Sections 2; Banking Regulation Act, 1949 - Sections 18, 24 and 56; Multi-State Co-operative Societies Act, 1984 - Sections 3 and 5; Constitution of India - Article 226

Reported in : 1997(3)BomCR4

Principal Co-operative Society must be carrying on the business of banking and its primary object must be to finance other Co-operative Societies in the State. Otherwise how can a society be recognized as the State Co-operative Bank … matter of Co-operative Societies inter alia viz., the decision dated 13th August 1985 in Writ Petition No. 2824 of 1985 and Writ Petition No. 2861 … be an eligible institution for the purpose of keeping Cash Reserve Ratio and Statutory Liquidity Ratio Deposits under section 18 and 24 of Bk. Reg. Act and further, that it not being a State Co-operative Bank would not

Dr Baliram Waman Hiray Vs. Justice B. LentIn and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Commissions of Inquiry Act, 1952 - Sections 3, 3(1), 4, 5(4), 5(5) and 6; Code of Criminal Procedure (CrPC) - Sections 195, 195(1), 195(2), 195(3) and 346; Constitution of India - Article 141; Indian Penal Code (IPC) - Sections 193 and 228; Workmen's Compensation Act - Sections 23; Payment of Wages Act - Sections 18; Indian Railways Act - Sections 40

Reported in : AIR1988SC2267; (1988)90BOMLR434; 1988(3)Crimes655(SC); [1989]176ITR1(SC); JT1988(4)SC265; 1988(2)SCALE688; (1988)4SCC419; [1988]Supp2SCR942; [1989]72STC384(SC)

the course of his submissions, he has brought to our notice the words in parenthesis added by the Finance Act, 1985 introducing the following change in Section 136 of the Income-tax Act, 1961 w.e.f. April 1,1974 from which the … to Section 40 of the Indian Railways Act, 1890, Section 23 of the Workmen's Compensation Act, 1923 and Section 18 of the Payment of Wages Act, 1936. These provisions which are almost similar provide that the Tribunal under

Commissioner of Central Excise, Delhi-i Vs. Joint Secretary(Revisionar ...

Court : Delhi

Subject : Excise

1957, Additional Duties of Excise (Textiles and Textiles Articles) Act, 1978 and special excise duty collected under the Finance Act. CVD was not specifically stipulated and treated as the duty paid under the notification No. 41/2001. It is … be decided is whether the Countervailing Duty (CVD) (Additional duty) leviable under Section 3 of the Customs Tariff Act, 1985 equivalent to the duty of excise paid on the imported inputs/materials used in the manufacture of exported goods … on the inputs utilized for manufacture. These applications were made under Rule 18 of the Central Excise Rules, 2002, read with notification No. 21/2004-CE(NT) dated

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 … of debts due to banks and financial institutions and it contains two crucial provisions. One of them is Section 18 which ousts the jurisdiction of all Courts or other authorities (except the Supreme Court and the High Court … 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

Burlingtons of Bombay Vs. Third Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (1992)40ITD384(Mum.)

Departmental Representative pointed out that the language of Section 80HHC, as it stood before its amendment by the Finance Act, 1985, with effect from 1-4-1986, was slightly different. Clause (1) of Section 80HHC which was first inserted by the … turnover of Rs. 40,28,057, out. of which direct exports by the assessee are to the tune of Rs. 18,13,604. The rest of the sales which are claimed as export sales were sales effected by the appellant in

Mr. S.M. Singhvi Vs. Bestavision Electronics Ltd.

Court : Delhi

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 15 to 19, 22, 22(1) and 25; Companies Act, 1956

Reported in : III(2003)BC124; [2004]118CompCas742(Delhi); 105(2003)DLT126; 2003(71)DRJ36; [2003]46SCL183(Delhi)

winding up petition is not maintainable by virtue of Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA for short). This question has already generated several decisions by the Apex court but the nodes appears … would come into play. It must be realised that in the modern industrial environment large industries are generally financed by banks and statutory corporations created specially for that purpose and if they are permitted to resort to … may also initiate steps to obtain permission of the Board under Section 18(3). An appeal has also been provided to the BIFR. When it is

J.K. Cotton Spinning and Weaving Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Excise

Reported in : (1989)(23)LC385Tri(Delhi)

or factory, liable to payment of Central Excise duty. The Court further held that Section 51 of the Finance Act, 1982, (which legislated the retrospective amendment) was subject to the provisions of Section HA of the Central Excises … the Tribunal's observations in the case of Bramac Suri (P) Ltd. Delhi v. Collector of Central Excise, Kanpur 1985 ECR 1880 (CEGAT) (para 6).8. Replying to the above submissions, G.V. Naik, Learned Departmental Representative, submitted at the … these notices before the Delhi High Court by another writ petition (No. 1858/81). By its interim order dated 12.8.1981, the High Court granted a stay

Wealth-tax Officer Vs. Nand Kumar Pd. Shah

Court : Income Tax Appellate Tribunal ITAT Patna

Subject : Direct Taxation

Reported in : (1992)41ITD406(Pat.)

of C.B.D.T. No. 439, dated 15-11-1985 relating to Amnesty Scheme under the Wealth-tax Act is as under: "The Finance Act, 1985 has rationalised the rates of personal income-tax and corporate tax and has also liberalised the provisions of the … 1976-77 to 1982-83 are directed against the consolidated order of CWT (Appeals) dated 18-3-1991 cancelling penalties levied under Section 18(1)(a) of the W.T. Act.2. It appears from the record that the assessee did not file returns of

Cement Corporation of India Ltd., New Delhi and Others Vs. B.B.V. Kris ...

Court : Andhra Pradesh

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 4, 3(1), 15, 16, 17 and 18; Industrial Disputes Act, 1947 - Sections 25-FF; Constitution of India - Articles 14, 16, 23, 226 and 311;

Reported in : 1999(6)ALD832; 1999(6)ALT341; (2000)ILLJ757AP

Provisions) Act, 1985 (hereinafter referred to as SICA). A reference was made to the Board for Industrial and Finance Reconstruction (BIFR) and the said reference was registered with BIFR and the BIFR declared the respondent-Corporation as a … all the writ appeals. SICA - transfer of employees - Section 18 of Sick Industrial Companies (Special Provisions) Act, 1985, Section 25-FF of Industrial Disputes Act, 1947 and Articles 14 and 23 of Constitution of India - writ appeal

Government of Andhra Pradesh and ors. Vs. V.S.R. Murthy and ors.

Court : Supreme Court of India

Subject : SICALabour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 12 and 25-F; Public Service Act, 1997; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 18(1) and 32

Reported in : 2001VIIIAD(SC)544; AIR2001SC3751; [2002]112CompCas112(SC); (2001)4CompLJ353(SC); 2001CriLJ353; JT2001(8)SC10; 2001LabIC3722; (2001)IILLJ1252SC; 2001(6)SCALE373; (2001)10SCC

that scheme would affect the rights of the other employees of the Government or likely to affect the finance of the Government is only the result of unimaginative narrow thinking on the part of the Government by … Senior Advocate appearing for the appellants, contended as follows:1. Section 32 of the Sick Industrial Companies (Special Provisions) Act, 1985 [hereinafter referred to as 'the SICA'] cannot override the provisions of the A.P. Prohibition of Absorption of Employees … 9(c) of the BIFR scheme has to be read subject to Section 18(1)(da) of the SICA. Therefore, the scheme cannot be understood to require the