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Tangerine Electronics Systems Pvt. Ltd. Vs. Indian Chemicals and ors. ...

Court : Mumbai

Subject : TenancyCivil

Acts : Maharashtra Rent Control Act, 1999 - Sections 26; Code of Civil Procedure (CPC) - Sections 60(1)

Reported in : AIR2004Bom198; 2004(2)ALLMR551; 2004(5)BomCR673; 2004(2)MhLj305

of another learned Single Judge in the case of Veetrag Investments and Finance Co. v. Premier Brass and Metal Works Pvt. Ltd., Mumbai, 2002 (3) … this decision, the Court has mainly adverted to the provisions of Section 26 of the Maharashtra Rent Control Act, 1999, to conclude that the tenant has no right to sublet or transfer the premises held by him, whether … basis, found that the leasehold rights cannot be put to sale.In my opinion, prima facie, by virtue of Section 56 of the Act, which is a non-obstante provision, the limitation or restriction imposed in Section 26 of the

ipur Gram Panchayat, Guntur District Vs. Government of Andhra Pradesh ...

Court : Andhra Pradesh

Subject : ConstitutionTrusts and Societies

Acts : Andhra Pradesh Gram Panchayat Act, 1994 - Sections 56(1), 65(1) and 80(1); Andhra Pradesh Gram Panchayat Act, 1964 - Sections 217; Constitution of India - Article 162; Andhra Pradesh (Andhra Area) Compulsory Labour Act, 1858; Andhra Pradesh Farmers Management of Irrigation Systems Act, 1977 - Sections 17 and 22

Reported in : 2000(5)ALD24; 2000(4)ALT678

of Demand Draft is not supported by any authority of law.19. The respondents referred to G.O. Ms. No.879, Finance (PWD) Department, dated 19-4-1964 in their counter in support of their contention. I have gone through the said … Questioning the said proceedings, the Gram Panchayat filed WP No. 15825 of 1999 on 22-7-1999 and no interim order seemed to have been granted by … situated within the local limits of Ipur Gram Panchayat and this tank vested in the Gram Panchayat under Section 56(l)(b) of Gram Panchayat Raj Act, 1994 (hereinafter referred as 'Act 1994') corresponding section being Section 65(1)(b) of the

Greater Bombay Co-op. Bank Ltd. Vs. United Yarn Tex. Pvt. Ltd. and ors ...

Court : Supreme Court of India

Subject : BankingConstitution

Acts : Recovery of Debts due to Banks and Financial Institutions Act, 1993 - Sections 2, 3, 17, 18, 31 and 34; Recovery of Debts due to Banks and Financial Institutions (Amendment) Act, 1965 - Sections 56; Maharashtra Co-operative Societies Act, 1960 - Sections 2(6), 2(10), 2(20), 18A, 36, 43, 44, 50, 55, 64, 72, 73, 78, 81, 83, 84, 88, 91, 91(1), 92, 94, 95, 97, 98, 101, 101(1), 102, 103, 104, 105, 107, 156 and 161; The Multi-State Co-operative Societies Act, 2002 - Sections 3, 22, 39, 40, 74, 83, 84, 99 and 101; Andhra Pradesh Co-operative Societies Act, 1964 - Sections 2, 9, 19, 30A, 31, 31A, 35, 47, 47(2), 50, 51, 52, 61, 61(1), 62, 63, 64, 65, 70, 70(2), 71, 71(1), 71(2), 72, 73, 75, 76 and 77; Banking Regulation Act, 1949 - Sections 2, 3, 5, 6, 20(2), 56 and 56(1); Banking Regulation (

Reported in : AIR2007SC1584; 2007(3)ALT1(SC); [2007]137CompCas63(SC); JT2007(5)SC201; 2007(3)KLT302(SC); 2007(3)MhLj434; 2007(5)SCALE366; (2007)6SCC236; 2007AIRSCW2325; 2007(3)AIRKarR406

have been deprived of their remedies under the A. P. (Protection of Interests of Depositors and Financial Establishments) Act, 1999; and fourthly, while claims over Rs. 10 lakhs by co-operative banks will have to go to the Debt … by a co-operative bank for recovery of its debts. The Division Bench on consideration of the provisions of Section 56 of the Banking Regulation Act, 1949 [ for short 'the BR Act'] came to the conclusion that 'Co- … context of enactment of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Under the Co- operative Societies Acts, there is a

Smt. Sharda Mahajan Vs. Maple Leaf Trading International (P) Ltd.

Court : Delhi

Subject : CompanyContract

Acts : Companies Act, 1956 - Sections 433, 433, 434(1) and 439; Prize Chits and Money Circulation Scheme (Banning) Act, 1978; Foreign Exchange Regulation Act, 1973; Contract Act - Sections 32, 56 and 65; Code of Civil Procedure (CPC) - Sections 60 - Order 37

Reported in : [2007]139CompCas718(Delhi); (2007)2CompLJ455(Del); [2007]78SCL367(Delhi)

becomes impracticable or useless having regard to the object and purpose the parties had in mind. In Industrial Finance Corporation of India Ltd. v. Cannanore Spinning and Weaving Mills Ltd. reported in : [2002]2SCR1093 , the Supreme … each under four separate contracts) to the respondent company on 5th May, 1999. These payments have been made under a document called agreement for contract … period after service of notice. 26. I need not dwell further on this aspect as in view of Section 56 read with Section 65 of the Contract Act, a debt is due and payable by the respondent company

Deputy Commissioner of Income Tax Vs. Ram Kumar Giri

Court : Income Tax Appellate Tribunal ITAT Chennai

Subject : Direct Taxation

Reported in : (2006)103TTJ(Chennai)352

above clauses are outside the purview of the non-compete agreement entered by the assessee.11. The amendment in the Finance Act, 2002 proves that the above clauses are not applicable to the assessee's case and Section 28(va) is applicable … The learned GIT(A) should have appreciated that the agreement dt. 16th April, 1999 or thereabouts was in substance only a cloak to cover the payment … In this regard we find that apex Court in CIT v.D.P. Sandu Bros. Chembur (P) Ltd. held that Section 56 provides for the chargeability of income of every kind only if it is not chargeable to income-tax under

R (on the application of Davies and another) (Appellants) Vs. the Comm ...

Court : UK Supreme Court

Subject : Land Acquisition

made a distinct break in the pattern of his life in the UK. By section 11 of the Finance Act 1956 the position of the full-time employee or other worker abroad was strengthened by a provision (now in … LORD WILSON A. Introduction In 1999 the Inland Revenue, as it was then known and to which I will refer as the "Revenue", published … of State for Defence [2003] EWCA Civ 473, [2003] QB 1397, para 56, that "the question is how on a fair reading of the promise

Vijay Kumar Mallik Vs. Union of India (Uoi) and ors.

Court : Jharkhand

Subject : FERA

Acts : Constitution of India - Article 226; Foreign Exchange Regulation Act, 1973 - Sections 56; Foreign Exchange Management Act, 1999 - Sections 49(3)(4)

Reported in : [2003(2)JCR362(Jhr)]

56 of the Foreign Exchange Regulation Act, 1973 r/w Sections 49(3) and (4) of the Foreign Exchange Management Act, 1999 in connection With Case No. FEMA 2 of 2002.2. One Complaint case has been filed against the accused … 50715 E dated 24.9.1993 issued by the Government of India, Ministry of Finance, Department of Revenue and in pursuant to Sub-clause (2) of Sub-section (2) … order dated 31st May, 2002, whereby and whereunder the. learned Special Judge took cognizance for the offences under Section 56 of the Foreign Exchange Regulation Act, 1973 r/w Sections 49(3) and (4) of the Foreign Exchange Management Act,

LupIn Agrochemical (i) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Mumbai

Subject : Direct Taxation

Reported in : [2001]75ITD278(Mum)

of the assessee on the basis of the retrospective amendment to section 28 of the Act by the Finance Act of 1990 making such receipts taxable as business profits. On appeal to the Supreme Court their Lordships held, … according to the principles of law and not in accordance with the accountancy practice. Accounting practice cannot override section 56 or any other provision of the Income Tax Act.11. It was further held by their Lordships of the

LupIn Agrochemical (i) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2000)75ITD278(Mum.)

of the assessee on the basis of the retrospective amendment to section 28 of the Act by the Finance Act of 1990 making such receipts taxable as business profits. On appeal to the Supreme Court their Lordships held, … according to the principles of law and not in accordance with the accountancy practice. Accounting practice cannot override section 56 or any other provision of the Income-tax Act.11. It was further held by their Lordships of the Supreme

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (2007)288ITR226(Hyd.)

clear, and they mandated the levy of surcharge. In this context, he referred to the provisions of annual Finance Act, 1999, Schedule-I, which clearly mandated that the income-tax levied in terms of Section 113 shall be increased by a … Indore [1964] 54 ITR 461 and Mathurdas Govinddas v. G.N. Gadgil, Income-tax Officer, Special Investigation Office, Ahmedabad [1965] 56 ITR 621. Before we advert to the said arguments, it will be convenient to notice the relevant rules