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Commissioner of Income Tax Vs. Shree Pipes Limited

Court : Rajasthan

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4(1), 37, 41(1) and 148; Sick Industrial Companies (Special Provision) Act, 1985; Finance Act 1996; Companies Act; Limitation Act

Reported in : (2008)219CTR(Raj)465; [2008]301ITR240(Raj); RLW2006(4)Raj2692

Act.17. At this juncture, we may notice that Explanation (1) to Section 41(1) was inserted vide amendment through Finance Act No. 2 of 1996 with effect from 1.4.97 which made it permissible to add such sum in the … case was pending before the Board of Industrial Financial Construction (BIFR) under the Sick Industrial Companies (Special Provision) Act, 1985. Under the Scheme for its rehabilitation framed by BIFR vide order passed on 27.5.93, interest liability in respect

Poonam Verma and ors. Vs. Delhi Development Authority

Court : Supreme Court of India

Subject : Property

Acts : Delhi Development Act, 1957 - Sections 41, 56 and 56(2); Consumer Protection Act, 1985; Electricity (Supply) Act; General Clauses Act - Sections 21; Constitution of India - Articles 12, 14, 166 and 309

Reported in : AIR2008SC870; 2007(14)SCALE485; 2008AIRSCW199; 2008(1)LH(SC)327; AIR2008SC870; 2008(1)LH(SC)327.

Disputes Redressal Commission. During pendency of the said application, they approached the Finance Member and Chairman of the respondent to place their case before the … accrued in their favour in terms of the said letter dated 24.08.2000.(ii) The Central Government, having regard to Section 41 read with Section 56(2)(r) of the Act, could direct allotment of flats from 'out of turn quota' keeping … permitted to claim an equitable right despite their unsuccessful attempt before the Forums created under the Consumer Protection Act, 1985.10. Indisputably, the Scheme was an independent one. It was a Self Financing Housing Registration Scheme. Other similar schemes

Salem Textiles Limited Vs. Authorized Officer of Phoenix Arc Private L ...

Court : Chennai

Subject : Land Acquisition

(Regulation) Act, 1956, and (iii) The Sick Industrial Companies (Special Provisions) Act, 1985. It is, by virtue of Section 41 of the Securitisation Act, 2002, read with the Schedule thereto that two provisos were inserted under the already … before BIFR, in view of the third proviso to section 15(1) of the Sick Industrial Companies (Special Provisions) Act, 1985, inserted by way of amendment under Act 54 of 2002 (ii) Whether the secured creditors are obliged to … time, the Parliament was conscious of the fact that recovery of amounts financed by State Financial Corporations to industries, may pose difficulties, if the Financial

M/S Madras Petrochem Ltd. and Anr. Vs. Bifr and Ors.

Court : Supreme Court of India

Subject : Company

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 … Of Debts Due To Banks And Financial Institutions Act, 1993, refers to the Sick Industrial Companies (Special Provisions) Act, 1985, Section 37 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 should also … and Financial Institutions Act, 1993 (51 of 1993) or any other law for the time being in force. Section 41. Amendments of certain enactments The enactments specified in the Schedule shall be amended in the manner specified therein.”

Ved Prakash Agarwal Vs. Rama Petrochemicals Ltd.

Court : Mumbai

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 22 and 22(1); Sick Industrial Companies (Special Provisions) (Amendment) Act, 1994

Reported in : 2004(3)ALLMR5; IV(2004)BC232; 2004(4)BomCR578; [2004]122CompCas8(Bom); 2005(1)MhLj599; [2004]56SCL116(Bom)

the guarantor (appellant) in view of the provisions of Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as 'SICA'). However, in this appeal, it has been additionally argued that the lease finance … an advance and which was guaranted by the Appellant. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 41: [ Swatanter Kumar, CJ, Smt Ranjana Desai & D.B. Bhosale, JJ] Arrest of accused - Held, A Police

State of Punjab Vs. Kulwant Singh

Court : Punjab and Haryana

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2, 4, 5, 6, 15, 16, 17, 18, 19, 20, 21, 22, 23, 28, 29, 30, 41, 42, 46, 47, 48, 49, 50, 52, 55 and 57; Code of Criminal Procedure (CrPC) , 1950 - Sections 50, 100, 103, 165 and 378(3); Bengal Finance (Sales Tax) Act, 1941 - Sections 6

Reported in : 1995CriLJ744

of the provisions of Sub-section (2), of Section 6, of the Bengal Finance (Sales Tax) Act, 1941:--The primary key to the problem whether a statutory … by different trial Courts for offence under 15, 18 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') in Criminal Miscellaneous No. 6116-M-A of 1991, Criminal Miscellaneous No. 6205-M-A of 1991, Criminal … may furnish evidence for such offences. The provisions of Sections 41 and 42 of the Act read as under.--Section 41. Power to issue warrant and authorisation (1) A metropolitan Magistrate or a Magistrate of the first class or

Ms. the Windsor Castle, Kodimatha, Kottayam, Represented by M.O. Asram ...

Court : Kerala

Subject : Service Tax

and the scope of the statute was clarified by introducing a ‘proviso’ to Section 4(2) as per the Finance Act, 2007 w.e.f. 01.04.2007, making it clear that no luxury tax shall be payable for such charges received in … to the roots, as per the law declared by the Apex Court in S.Sundaram vs. V.R. Pattabhiraman (AIR 1985 SC 582). It is contended that Section 4 of the Act is unconstitutional, also for the reason that … ie., Section 6(5), having been brought about only as per the Act 41 of 2005 w.e.f. 28.08.2005, the same could not have been pressed into

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 … case before a Special Tribunal and recover various amounts from the erstwhile life insurance companies in certain respects. Section 41 of the LIC Act conferred exclusive jurisdiction on the said Tribunal just like Section 18 of the RDB

State Bank of India Vs. V. Ramakrishnan

Court : Supreme Court of India

Subject : Land Acquisition

to cover the entire field with regard to the conduct of the chits and further that the State Finance Act 7 of 2002, introducing Section 4(1)(a) into the State 1975 Act, was void as the State Legislature was … had not been repaid. In particular, he pointed out Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985, and stated that as a result of the said Section applying to guarantors as well, creditors could not … are accordingly allowed. New Delhi; August 14, 2018. ……………………………..J.(R.F. Nariman) ……………………………..J.(Indu Malhotra) 41

Kesoram Industries and Cotton Mills Ltd. Vs. Commissioner of Income-ta ...

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 37(4), 45, 80J, 80K and 80M; ;Finance Act, 1970

Reported in : [1991]191ITR518(Cal)

place an effective check on lavish expenditure on maintenance of guest houses, Section 37(4) was inserted by the Finance Act, 1970, for disallowance altogether of expenditure incurred after February 28, 1970, on the maintenance of guest houses other … being the liability of the year in question. Whether or not this amount will be assessed under Section 41(1) will fall for consideration in the assessment year 1973-74.17. In view of the decision of this court in