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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 … oath. The expression 'Court' is not defined either by the Cr.P.C., though 'Court of Justice' is defined by Section 20 of the latter Code as denoting a Judge who is empowered by law to act judicially alone, or

M/S. Allied International Products Ltd. Vs. Appellate Authority for In ...

Court : Delhi

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 20(1); Industrial Finance Corporation of India, 1993 - Sections 30; Constitution of India - Article 226

Reported in : 2001IIAD(Delhi)407; [2001]104CompCas481(Delhi); 89(2001)DLT414

BIFR) dated 30th November, 1998. By the impugned orders the Authorities under the Sick Industrial Companies (special Provisions) Act, 1985 (for short SICA) directed that the sick company, namely, M/s.Allied International Products Limited (for short AIPL) be wound … the project was originally estimated at Rs.110 lacs which was to be financed by equity share capital amounting to Rs.75 lacs and term loan of … SICA) directed that the sick company, namely, M/s.Allied International Products Limited (for short AIPL) be wound up under section 20(1) of the SICA.2. To give a brief background, AIPL was promoted in the year 1962 for setting up

Salarpuria Housing (P.) Ltd. Vs. Ngef Ltd.

Court : Karnataka

Subject : Company

Acts : Companies (Court) Rules, 1959 - Rules 6, 7 and 9; Companies (Court) Act - Sections 9; Sick Industrial Companies (Special) Provisions Act, 1985 - Sections 20(1)

Reported in : [2004]56SCL321(Kar)

increased substantially for the last 16 months subsequent to the date of agreement; that the Board for Industrial Finance and Reconstruction has already made a recommendation to this court for passing an order to wind up the … to be wound up in terms of provisions of Section 20(1) of the Sick Industrial Companies (Special) Provisions Act, 1985, any properties belonging to the company cannot be ordered to be sold, without there being an order for

Vinod Trading Co. Vs. State of Assam and ors.

Court : Guwahati

Subject : Sales Tax

Acts : Assam General Sales Tax Act, 1993 - Sections 2, 2(34), 5A, 17, 17(2), 17(4), 17(5), 18 and 18(1); Central Sales Tax Act, 1956 - Sections 21; Assam General Sales Tax Rules, 1993 - Rule 2; Andhra Pradesh General Sales Tax (Amendment) Act, 1985 - Sections 14; Assam Finance (Sales Tax) Act, 1956 - Sections 20; Haryana General Sales Tax Act, 1973 - Sections 31; Income Tax Act, 1922 - Sections 34; Income Tax (Amendment) Act, 1961 - Sections 147

additional tax can imposed.27. In Baijnath Biswanath , dwelling on the scope of power of the Commissioner under Section 20 of the Assam Finance (Sales Tax) Act, 1956 to effect a suo motu revision of any order of … while dealing with the scope and ambit of Section 14 of the Andhra Pradesh General Sales Tax (Amendment) Act, 1985 for reopening of assessment holding that in the exercise of such power, the authority concerned has to have

In Re: U.P. Cement Corporation Ltd. (In Liquidation)

Court : Allahabad

Subject : Company

Acts : Companies Act, 1956 - Sections 443, 446, 457, 457(1), 466, 643(1) and 643(2); Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 20 and 20(1); Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Companies (Court) Rules, 1959 - Rules 272 to 274

Reported in : [2002]112CompCas562(All)

the help of Tata Consultants within two months indicating the means of finance. No proposal was received by the Board within the time indicated. By … of India, Allahabad Bank and IDBI were directed under Section 21 of the Sick Industrial Companies (Special Provisions) Act 1985, to prepare a complete inventory of all assets and liabilities and lists of registers/records/documents of shareholders and creditors … and that it was thus just equitable, and in public interest that it should be wound up under Section 20(1) of the Act. A show-cause notice was issued on 18-11-1996, 2. On 6-2-1997 the Board found that H.B.

In Re: Tannery and Footwear Corporation of India Limited

Court : Allahabad

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 20

Reported in : [2003]115CompCas332(All)

Footwear Corporation of India Limited ('TAFCO' in short) under Section 20 of the Sick Industrial Companies (Special Provisions) Act, 1985 ('SICA' in short), and forwarded the aforesaid opinion to this court for action in accordance with law. The … agency has also failed to do its part or to draw up a rehabilitation package as the necessary finance was not provided to it by the promoters of the company, namely, the Government of India. Fourthly, it

Jones (Respondent) Vs. Garnett (Her Majesty's Inspector of Taxes) (App ...

Court : House of Lords

Subject : Land Acquisition

Corporation Taxes Act 1988 as amended by the Finance Act 1995. 42. The very first of these enactments, section 20 of the Finance Act 1922, was aimed at revocable and short-term dispositions of income, and primarily (though not … this case only became of practical importance when separate taxation of husband and wife was introduced by the Finance Act 1989. That did not mean, however, that Parliament was necessarily willing to allow one spouse to reduce his … assets on a winding up, to block a special resolution, to complain under section 459 of the Companies Act 1985. These are all rights over and above the right to income. The ordinary share is different from the

The Assistant Commissioner, Assessment-ii, Bangalore and ors. Vs. Vell ... Overruled

Court : Supreme Court of India

Subject : CriminalCompany

Acts : Income Tax Act - Sections 2(31), 266B, 276B, 276C, 276F, 277, 278, 278A, 278B, 278B(1), 279, 279(1) and 279(2); Code of Criminal Procedure (CrPC) - Sections 190(1), 197, 235(2), 360 and 482 - Order 21, Rules 32 and 33; Indian Penal Code (IPC) - Sections 62 and 326; Taxation Laws (Amendment) Act, 1975; Commonwealth Criminal Code Act, 1995; Crimes Act, 1914 - Sections 4B(3); Prevention of Corruption Act, 1947 - Sections 6 and 19; Prevention of Food Adulteration Act - Sections 17 and 20; General Clauses Act - Sections 3(42); Wealth Tax Act - Sections 35H; Employees Provident Fund and Miscellaneous Provisions Act - Sections 14A; Negotiable Instruments Act - Sections 141; Drugs and Cosmetics Act - Sections 34 and 35; Essential Commodities Act - Sections 7, 10 and 10B; Indian Merchandise Act -

Reported in : AIR2004SC86; (2004)1CompLJ21(SC); 2004CriLJ1221; (2003)184CTR(SC)193; 2003(157)ELT369(SC); [2003]263ITR550(SC); JT2003(Suppl2)SC99; 2003(7)SCALE530; (2003)11SCC405; [2003]4

the Taxation Laws (Amendment) Act, 1975. In fact, at the time of introduction of the amendment bill, the Finance Minister Shri C. Subramaniam stated:'To those who make a lot of money through infringement of laws, monetary penalties … provided in the Statute like Section 197 Code of Criminal Procedure, Section 19 Prevention of Corruption Act or Section 20 Prevention of Food Adulteration Act. The basic idea behind such provision is to save persons from frivolous or … No. 2 Shri C. Velliappa is its Managing Director. For the A.Y. 1985-86 the company filed its return of income tax for the period ending

Madhu Fabrics Ltd. Vs. State Bank of India

Court : Gujarat

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1986 - Sections 15, 20 and 20(1); Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 20(1); Companies Act, 1956 - Sections 391, 391(1) and 433; Industrial Disputes Act - Sections 25

Reported in : [2001]107CompCas487(Guj); (2002)4GLR3688

and Financial Reconstruction ('BIFR') Annexure A and order dated 4-5-2000 passed by the Appellate Authority for Industrial and Finance Reconstruction ('AAIFR') Annexure B. The BIFR, after considering the facts, opined that the petitioner-company is not likely to … public interest that it should be wound up under Section 20(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 ('SICA'). The AAIFR, in appeal, confirmed the said order.2. Company petition No. 31 of 2000 is for consideration

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

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 … 'decree' or 'order'. In the present case, the order has been passed under the provisions of section 19 section 20 of the RDDB Act. It is not in dispute that the said order adjudicates the liability of the