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Aug 25 2008

Ksl and Industries Ltd. Vs. Arihant Threads Ltd. and ors.

Court : Supreme Court of India

Decided on : Aug-25-2008

Subject : SICABanking

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 2, 3, 15 to 19, 19A, 20, 21, 22, 22(1), 22A, 25, 29, 32 and 32(1); Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 25, 28, 29, 30, 34, 34(1) and 34(2); Income Tax Act, 1961 - Sections 72A; Companies Act, 1956 - Sections 529(1) and 529A; Foreign Exchange Regulation Act, 1973; Urban Land (Ceiling and Regulation) Act, 1976; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951 - Sections 29 and 46B; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Small Industries Development Bank of India Act, 1989; Code of Civil Procedure (CPC) , 1908 - Sections 9; Recovery of Debts Due to Banks and Financial Institutions (Amendment) Act, 2000;

Reported in : IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763

follow procedure laid down in Chapter IV. Chapter V relates to `Recovery of debt determined by the Tribunal'. Section 29 declares that the provisions of the Second and Third Schedules of the Income Tax Act, 1961 will apply … of India (`IDBI' for short) which was the predecessor of the Stressed Assets Stabilisation Fund (`SASF' for short), financed the project undertaken by the Company by way of foreign currency loan and also working capital of Rs. … Provisions) Act, 1985 and the Small Industries Development Bank of India Act, 1989.(emphasis supplied)24. According to the Company, there is a bar against initiation or

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Jan 02 2006

Amritha Cyber Park (P) Ltd. Vs. Kerala Financial Corporation

Court : Kerala

Decided on : Jan-02-2006

Subject : Property

Acts : Kerala Revenue Recovery Act, 1968 - Sections 69, 69(2) and 71; Recovery of Debts due to Banks and Financial Institutions Act, 1999 - Sections 19 and 34(2); UP Public Monies (Recovery of Dues) Act, 1972; State Financial Corporations Act, 1951 - Sections 29, 31 and 32G; 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;Small Industries Development Bank of India Act, 1989

Reported in : [2007]136CompCas446(Ker); 2006(2)KLT394

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 … (Special Provisions) Act, 1985 (1 of 1986) and the Small Industries Development Bank of India Act, 1989(39 of 1989). Section 32 G of the SFC Act. 32G. Recovery of amounts due to the Financial Corporation as an arrear … only refer to recoveries provided under the SFC Act, that is Sections 29 and 31 of the SFC Act, I do not find any such

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Sep 26 1994

industrial Packers and Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Decided on : Sep-26-1994

Subject : Direct Taxation

Reported in : (1995)52ITD1(Pat.)

is satisfactorily payable. It has been provided in the Act itself that the amendment, although made by the Finance Act, 1989, will take effect retrospectively from 1-4-1984. Thus, both the language and the intention are clear and there is … Thereafter Section 28 enumerates income chargeable to income-tax under the head "Profits and gains of business or profession". Section 29 lays down how such income shall be computed and is reproduced below for the sake of convenience, as

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Mar 12 2001

East India Hotels Ltd. and Another Vs. the State of Rajasthan and Othe ...

Court : Rajasthan

Decided on : Mar-12-2001

Subject : Other Taxes

Acts : Rajasthan Land and Building Tax Act, 1984 - Sections 2(10), 3(1B), 6, 13, 15, 19, 21, 37, 42 and 50; Constitution of India - Articles 14, 141, 245, 265 and 299; The Finance Act, 1989 - Sections 3(1B) and 16A (1); Companies Act, 1956; Finance Act, 1997 - Sections 14; Wealth Tax Act, 1957; Rajasthan Lands and Buildings Tax (Amendment) Act, 1995; Rajasthan Urban Land Tax (Amendment) Act, 1973 - Sections 8 and 12; Code of Civil Procedure (CPC), 1908 - Sections 58

Reported in : 2001(3)WLC62

in the matter of one lime tax scheme introduced by way of insertion of Section 3(1B) of the Finance Act, 1989 (Act No. 6 of 1989)(2). The questions for our consideration are that:-(1) Whether, fresh assessment is permissible under … petitioner company at all. The Assistant Director, Land and Building Tax Department, Udaipur issued a notice dated August 29, 1997 under Section 11(1) of the Act for appearance on September, 3, 1997 and for provisionally determining the

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May 25 2004

Karnataka State Financial Corporation and ors. Vs. Smt. Jaya Menon and ...

Court : Karnataka

Decided on : May-25-2004

Subject : CivilLimitation

Acts : State Financial Corporation Act, 1951 - Sections 29, 30, 31, 31(1) and 32; Limitation Act, 1963 - Schedule - Articles 112, 136 and 137

Reported in : AIR2004Kant370; IV(2004)BC259; [2005]124CompCas289(Kar); ILR2004KAR2735; 2004(4)KarLJ366

: AMAR COLD STORAGE & ICE FACTORY v. PUNJAB FINANCIAL CORPORATION,. and O.K. GAUR & CO., v. RAJASTHAN FINANCE CORPORATION, .7. Sri K. Gopala Hegde, learned Counsel for KSFC also submits that the only question to be … considered the definition of the word 'suit' under Section 2(1) of the Act and the savings Clause under Section 29 of the Act, Article 137 is applicable and the period of limitation is 3 years. He also submits

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Jan 31 2001

Wealth Tax Officer Vs. Banerji Memorial Club

Court : Income Tax Appellate Tribunal ITAT Cochin

Decided on : Jan-31-2001

Subject : Direct Taxation

Reported in : (2002)83ITD1(Coch.)

w.e.f. 1st April, 1989, and will, accordingly, apply in relation to the asst. yr. 1989-90 and subsequent years. (Section 29 of the Finance Act, 1989)." It may be observed that the amendment excluding the societies registered under the … Andhra Pradesh High Court to the assessee-club.10. We may also mention that Section 21AA has been amended by Finance Act, 1989, w.e.f. 1st April, 1989, by making the section not applicable to a "society registered under the Societies Registration

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Jun 30 2008

Hdfc Bank Ltd. and anr. Vs. Kishore K. Mehta and ors.

Court : Mumbai

Decided on : Jun-30-2008

Subject : Civil

Acts : Presidency-Towns Insolvency Act, 1909 - Sections 9, 9(1), 9(2), 9(3) and 9(5); Recovery of Debts Due to Banks and Financial Institutions Act, 1994 - Sections 17, 17A, 17(1), 18, 19, 19(1), 19(4), 19(7), 19(12), 19(13), 19(17), 19(18), 19(19), 19(22), 20, 21, 22, 22(2), 23, 24, 25 to 30, 31A, 34, 34(1) and 34(2); Companies Act, 1956 - Sections 529A; Limitation Act; Income Tax Act, 1961; 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; Small Industries Development Bank of India Act, 1989; Uttar Pradesh Public Monies (Recovery of Dues) Act, 1972; Rajasthan Relief Undertakings (Special Provisions) Act, 1961; Ren

Reported in : 2008(6)BomCR340

shall be in addition to, and not in derogation of the Industrial Finance Corporation Act, 1948, the State Financial Corporations Act, 1951, the Unit Trust … property in the manner laid down in the Third Schedule of the Income-tax Act, 1961 (43 of 1961). Section 29 provides for application of certain provisions of the Income-tax Act and it states that the provisions of the … Act, 1984, the Sick Industrial Companies (Special Provisions) Act, 1985 and the Small Industries Development Bank of India Act, 1989.34. The Debts Recovery Tribunal (Procedure) Rules, 1993 prescribes elaborate procedure for processing the application as well as presentation

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Apr 16 1991

N. Parthasarathy Vs. Controller of Capital Issues and anr.

Court : Supreme Court of India

Decided on : Apr-16-1991

Subject : Company

Acts : Capital Issues (Control) Act, 1947 - Sections 3; Companies Act, 1956 - Sections 3(6), 55A, 61, 62, 63, 72 and 81(1A); Constitution of India - Articles 14, 39, 136, 226 and 298; Monopolies and Restrictive Trade Practices Act, 1969 - Sections 2

Reported in : AIR1991SC140; [1991]72CompCas651(SC); (1991)2CompLJ1(SC); JT1991(2)SC218; 1991(1)SCALE675; (1991)3SCC153; [1991]2SCR329

Bombay by its judgment and order dated September 29, 1989 dismissed the writ petition at the preliminary … only at Rs. 65/- per share. Thus, as against 35.5% holding of Ambani - Reliance Group, the public finance bodies, which held 40% shares before they diluted their holdings in favour of the Ambani group, would have … & Toubro from UTI, LIC GIC and its subsidiaries. Later, in January, 1989 it acquired a further 6 lakh shares from the LIC.5. Within weeks … and Leasing Ltd., which is a satellite company of the house of Ambanis.11. Thus, BOB Fiscal Services merely acted as a conduit for funneling shares from the public financial institutions to the Ambani group and this interpolation … agreeing to such reduction and to pass on their vested rights Under Section 81 of the Companies Act to preemptive allotment of shares in Larsen

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Aug 06 1991

Jana Jagruthi Samithi Vs. Union of India (Uoi)

Court : Karnataka

Decided on : Aug-06-1991

Subject : Constitution

Acts : Constitution of India - Article 226; Forest (Conservation) Act, 1990; Indian Electricity (Supply) Act, 1948 - Sections 29; Land Acquisition Act, 1894

Reported in : ILR1991KAR2939; 1991(2)KarLJ524

& Environment.(e) Administrative Ministry, Department of Power, Government of India.(f) Ministry of Environment, Government of India.(g) Ministry of Finance, Government of India.(h) Public Investment Board.(i) Cabinet Committee on Economic Affairs.The above Authorities, except (f) and (i), have … Report for the location of this Project was prepared in the year 1989 itself, and that was subject to Government clearance and financing tie-up. It … the above background of law, we now propose to analyse the factual situation in this case.8. Originally under Section 29 of the Indian Electricity (Supply) Act, 1948, the proposal to locate the Project in question was published, and

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Jul 06 2011

Scottish Widows plc (Appellant) Vs. Commissioners for Her Majesty's Re ...

Court : UK Supreme Court

Decided on : Jul-06-2011

Subject : MRTP

40 must be taken as falling within the scope of either section 83(2) or section 83(3) of the Finance Act 1989, as substituted by paragraph 16 of Schedule 8 to the Finance Act 1995 and paragraph 4 of Schedule … for the care which they took to examine it, I would like to make these few brief comments. 29. The exercise to which section 83(3) is directed proceeds in two stages which are, as Lord Reed said

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