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Feb 14 2001

Modern Syntax (i) Ltd. Vs. Debts Recovery Tribunal Jaipur and Others

Court : Rajasthan

Decided on : Feb-14-2001

Subject : Banking

Acts : Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 17A, 18, 18A, 19, 19(12) and (20), 20, 31, 34 and 34(1) and (2); Rajasthan Relief Undertakings Act, 1961 - Sections 1, 2, 3, 3(1), 4 and 4(1); Recovery of Debts Due to Banks and Financial Institutions (Amendment) Act, 2000; Constitution of India - Articles 226, 227, 246 and 254; Bombay Relief Undertakings (Special Provisions) Act, 1958 - Sections 4; Companies Act, 1958 - Sections 291, 442, 446 and 537; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951 - Sections 46-B; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Sic Industrial Companies (Special Provisions) Act, 1985; Small Industries Development Bank of India Act, 19

Reported in : AIR2001Raj170; [2001]106CompCas629(Raj); 2001(2)WLC79; 2003(1)WLN620

the drugs. The Bihar State Legislature then levied a surcharge in exercise of its powers under the Bihar Finance Act, 1981. Before the Supreme Court, it was argued that the provisions of Bihar Finance Act which provided for … the Industrial Reconstruction Bank of India Act, 1984 (62 of 1984), and (the Sic Industrial Companies (Special Provisions) Act, 1985 and the Small Industries Development Bank of India Act, 1989)' Section 4 of the RRU Act; '4. Power … clause therein would ordinarily prevail over the non obstante clause in Section 46-B of the 1951 Act unless it is found that the 1985 Act

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Apr 08 2011

Commissioner of Central Excise, Bangalore Vs. M/S. Stanzen Toyotetsu I ...

Court : Karnataka

Decided on : Apr-08-2011

Subject : Service Tax

Reported in : 2012ILR(Kar)55; 2012(1)KCCR468(DB)

of final products shall be allowed to take credit, the service tax leviable under Section 66 of the Finance Act and paid on any input service received by the manufacturer of a final product. Therefore under the scheme … are manufacturers of parts and accessories of motor vehicles falling under Chapter 87089900 of the Central Excise Tariff Act, 1985. They are also availing Cenvat credit of duty paid on inputs, capital goods and service tax paid on … context that when the assessee provides outdoor canteen facilities because of a statutory obligation imposed on him under Section 46 of the Factories Act, it becomes a condition of service as far as the employees are concerned. He

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Mar 14 2008

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

Court : Jharkhand

Decided on : Mar-14-2008

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

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Feb 14 2002

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

Court : Allahabad

Decided on : Feb-14-2002

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)

directed to submit rehabilitation proposal with 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 the same order of the BIFR … 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 … the surplus assets were shown to be of 23 crores. In para 46 he stated that as the three units of the company were not

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May 10 2010

State of Rajasthan Vs. Uka and ors.,

Court : Rajasthan

Decided on : May-10-2010

Subject : Tenancy

12. The Act of 1974 undergone certain important amendments under the Rajasthan Agricultural Credit Operations (Removal of Difficulties)(Amendment) Act, 1985 with additional statement of objects and reasons, as follows:In order to facilitate adequate flow of credit by commercial … shown that there are certain provisions therein which inhibit the entry of commercial Banks into the field of financing of agriculture. It will, therefore, be necessary to modify these laws for the purpose of enabling commercial banks … of the Act of 1955 is to safeguard the interest of weaker sections of the society. Sections 42, 46-A and 49-A of this Act restrict

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Mar 17 2003

Pnb Capital Services Ltd. Vs. Atul Glass Industries Ltd.

Court : Delhi

Decided on : Mar-17-2003

Subject : Commercial

Acts : Code of Civil Procedure (CPC) - Order 2, Rule 2 - Order 12, Rule 6; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 22, 22(1), 22(3) and 22A

Reported in : 105(2003)DLT767; 2003(70)DRJ80; (2003)135PLR39; [2004]51SCL122(Delhi)

business of merchant, banking and leasing of equipment, had been approached by the defendant for grant of Lease Finance Facility. The plaintiff granted Lease Finance Facility of Rs. 46.34 lacs approximately to the defendant, for the purchase … the bar and embargo by virtue of Section 22(1) and (3) of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as SICA). 2. Before I advert to the above, the relevant facts in brief may

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Jun 04 2001

Reliance Industrial Infrastructure Ltd. Vs. Jt. Cit

Court : Mumbai

Decided on : Jun-04-2001

Subject : Direct Taxation

Reported in : (2002)75TTJ(Mumbai)606

is only with effect from assessment year 1997-98 that the new provisions of section 145(2) substituted by the Finance Act, 1995, have come into operation which alone have empowered the Central Government to notify Accounting Standards to be … to the Maharashtra Sales Tax on the Transfer of the Right to use any Goods for any Purpose Act, 1985. It is pointed out that levy of lease tax is under section 4 of the above Act, which

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Mar 12 2008

Prof. V.S.S. Sastry Vs. the Ministry of Human Resource Development, Go ...

Court : Andhra Pradesh

Decided on : Mar-12-2008

Subject : Constitution

Acts : English and Foreign Languages University Act, 2006 - Sections 2, 3(2), 3(3), 4, 6, 9, 10, 11, 12(1), 12(2), 13, 13A, 21, 29(1), 46 and 47; Hyderabad Societies Registration Act, 1350 Fasli; University Grants Commission Act, 1956 - Sections 3, 3(1) and 3(3); Rajiv Gandhi University Act, 2006; General Clauses Act, 1897 - Sections 3, 4 and 22; Osmania University Act, 1959; Osmania University (Amendment) Act, 1966; Preventive Detention Act, 1950; Preventive Detention (Amendment) Act 1952; Preventive Detention (Second Amendment) Act, 1952; Rajasthan General Clauses Act, 1955 - Sections 24; Rajasthan Service Rules, 1951 - Rule 56; Constitution of India - Articles 14, 16, 19, 19(1), 21 and 371(E)

Reported in : 2008(4)ALD315; 2008(4)ALT240

Central Government to represent the Ministry of Education; Nominee of the Central Government to represent the Ministry of Finance; Representative of the Central Advisory Board of Education nominated by the Central Government; Vice-Chancellor of Osmania University, Hyderabad … attributed to the legislature.35. In K. Nagaraj v. State of Andhra Pradesh 1985(1) SCC 523 the Supreme Court held as under:The Legislature, as a body, … ORDERC.V. Nagarjuna Reddy, J.1. In this Writ Petition, the petitioner sought for invalidation of Section 46(a) of the English and Foreign Languages University Act, 2006 (for short 'the Act') as being arbitrary, illegal and

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Feb 03 2010

Grays Timber Products Ltd Vs. Revenue and Customs (Scotland)

Court : UK Supreme Court

Decided on : Feb-03-2010

Subject : Land Acquisition

the B shares; on the deceased's death they became 6% non-participating preference shares. This device was blocked by section 46 of the Finance Act 1940, but until then it avoided estate duty because the A shares had little … of Chapter 3D of the Income Tax (Earnings and Pensions) Act 2003 ("ITEPA 2003") as inserted by the Finance Act 2003, Schedule 22. Chapter 3D consists of only three sections which are, by comparison with other chapters in … Phillips Lord Hoffmann was addressing the equitable nature of the court's jurisdiction under section 459 of the Companies Act 1985 to counteract unfair treatment of minority shareholders. He was not addressing the subject of contractual share rights capable

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Aug 12 2014

Delhi High Court Legal Services Committee Vs. Uoi and anr.

Court : Delhi

Decided on : Aug-12-2014

Subject : MRTP

was inconsistency between two special laws, the Finance Corporation Act, 1951 and the Sick Industries Companies (Special Provisions) Act, 1985. The latter contained Section 32 which gave overriding effect to its provisions and was held to Crl Rev.No.443/2009 … 23, 24 as well as the directive principles of state policy enshrined in Articles 39(e) and (f) 45, 46 and 47.25. The rights constitutionally ensured to the child, the prohibitions recognised under the Constitution of India and

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