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Tata Teleservices Vs. Union of India

Court : Gujarat

Subject : Education

3.1 The respective petitioners have also prayed to declare that section 201 of the Act as amended by Finance Act, 2014 (Act No.2 of 2014) is prospective and does not apply to the proceedings where period of passing … another v. Indian Oil Corpn. and others, reported in [2003] 2 SCC 107 (para 7) as well as another decision of the Hon'ble Supreme Court … upon the decision of the Hon'ble Supreme Court in the case of K.M. Sharma v. ITO, reported in 2002(4) SCC 339 (Para 14 and 21). 8.4 Mr.Mihir Joshi, learned Senior Advocate appearing on behalf of the petitioner

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

Subject : Land Acquisition

CJI1 Leave granted. BRIEF BACKGROUND:2. In the present batch of cases, the constitutionality of Part XIV of the Finance Act, 2017 and of the rules framed in consonance has been assailed. While it would be repetitious to reproduce … Section 13 (5- A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act, 2002 which permits secured creditors to participate in auction of immoveable property if it remained unsold for want of … passage without the assent of the Rajya Sabha as required under Article 107 renders it ultra vires the legislative scheme contemplated in the Constitution.64. Learned

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

under the Maharashtra Co-operative Societies Act, 1960 [for short 'the MCS Act, 1960']; The Multi-State Co- operative Societies Act, 2002 [for short ''the MSCS Act, 2002'']; and the Andhra Pradesh Co-operative Societies Act, 1964 [for short 'the APCS … any matter connected with the winding up or dissolution of a society under this Act is barred under Section 107. THE ANDHRA PRADESH CO-OPERATIVE SOCIETIES ACT, 1964 [THE APCS ACT, 1964]11. The Andhra Pradesh State Co-operative Bank Limited … 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

Commissioner of Income Tax Vs. Heartland Delhi Transcription Services ...

Court : Delhi

Subject : Direct Taxation

omitted, we would also like to reproduce sub section (9A) to Section 10B, which was inserted by the Finance Act, 2002 with effect from 1st April, 2003, but was deleted/omitted by the Finance Act, 2003 with effect from 1st … was construed by this Court in Textile Machinery Corporation Ltd. [(1977) 2 SCC368:1977. SCC (Tax) 282 : (1977) 107 ITR195 which approved a decision of Delhi High Court in CIT v. Ganga Sugar Corporation Ltd. [(1973) 92

P.S. Sathappan (Dead) by Lrs. Vs. Andhra Bank Ltd. and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(9), 3, 4, 4(1), 35A, 96 to 103, 104, 104(1), 104(2), 105, 105(2), 115, 117, 135, 217(1), 218D, 278 and 282 - Order 7, Rules 10 and 11 - Order 10, Rule 3 - Order 16, Rule 2 - Order 18, Rules 1, 5, 6, 8, 9, 10, 11, 13, 14, 15 and 16 - Order 20, Rules 1 and 8 - Order 21, Rules 72, 90 and 92 - Order 33, Rule 7 - Order 39, Rules 1 and 2 - Order 41, Rule 35 - Order 43, Rule 1 - Order 49, Rules 1, 2 and 3; Constitution of India - Articles 133, 136, 225, 329 and 372; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Code of Civil Procedure (CPC) (Amendment) Act, 2002; ;Indian High Courts Act, 1861; Legislative Act; Government of India Act, 1935 - Sections 223; India (Adaptation of Existing Laws) Order, 1949; Independence Act, 1947 - Section

Reported in : AIR2004SC5152; 2004(5)CTC209; JT2004(8)SC464; (2005)1MLJ105(SC); RLW2005(1)SC19; 2004(8)SCALE601; (2004)11SCC672

of this Court in New Kenilworth Hotel (P) Ltd. v. Orissa State Finance Corporation and Ors. : [1997]1SCR395 and a two Judge-Bench in Resham Singh … the Code by reason of Code of Civil Procedure amendment Act, 1976 or Code of Civil Procedure Amendment Act, 2002. In any event the provision of Section 100A of the Code being not retrospective in operation, the right … a sentence or order passed or made in exercise of the power of superintendence under the provisions of Section 107 of the Government of India Act, or in the exercise of criminal jurisdiction) of one Judge of the

Union Of India Vs. Rajeev Bansal

Court : Supreme Court of India

Subject : Education

to sub-section (2) of section 143, as it stood immediately before the amendment of said sub-section by the Finance Act, 2002 (20 of 2002) but before the expiry of the time limit for making the assessment, re-assessment or recomputation … ................................................................................ 99 a. Third proviso to Section 149 ....................................................................... 100 b. Interplay of Ashish Agarwal with TOLA ....................................................... 107 G. Conclusions ..................................................................................................... 110 Page 34 of 112 PART A1 The present batch of appeals involves the interplay

Jammu Dev. Authority Vs. Bhag DIn and ors.

Court : Jammu and Kashmir

Subject : CivilProperty

Acts : Writ Proceeding Rules, 1997 - Rule 15(1); ;Constitution of India - Articles 12 and 103; ; Constitution of Jammu and Kashmir - Section 103; ;Development Act, 1970 - Sections 3, 3(2), 17, 18, 18(1) and 18(4)

Reported in : 2004(1)JKJ1

Matched in: Advocate Adarsh Sharma, Adv.; Ganga Basotra, Adv. for private Respdts in LPA Nos. 03 and 107/2003 and; A.H. Naik, AG assisted by; A.H. Qazi, AAG

Basheer Vs. Remani Gopalan

Court : Kerala

Subject : Education

[2011 (2) KHC6772011 (2) KLT914, Jerry Joseph vs. Selvaraj [2002 (2) KLT129= 2002 KHC398 and M.Padmanabha Setty vs. K.P.Papiah Setty [1966 KHC711= AIR1966SC1824. 12) He … registration of the document will not affect the transaction and, therefore, in a case like this, provisions of Section 107 of the Transfer of Property Act, 1882 and Section 17 and 49 of the Registration Act, 1908 need … the property and the building in Kalathilparambil Road proceedings for recovery are pending at the instance of the Financing Bank and the Sales Tax Department, for recovery of loan arrears from the husband of the landlady, whose

One Stop Airline Mro Support Vs. Commissioner of Customs

Court : Authority for Advance Rulings

Subject : Service Tax

Reported in : (2008)(126)ECC216

Tariff Act - Sections 107 and 108; Indian Aircraft Rules - Rules 2(49), 30, 134(1) and 134(1)(1A); Bihar Finance Act, 1981 - Section 13(1)Hemraj Gordhandas v. H.H. Dave, Assistant Commissioner of Central Excise and Customs, Surat 1969 (2) … exempt from payment of Basic Customs Duty under Entry No. 348 of Notification No. 21/2002-Cus dated March 1, 2002 (as amended) Held, it is only the basic material that is associated with the manufacturing process or that

Prakash Chand Vij Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Subject : Direct Taxation

Reported in : (2005)95TTJ(Chd.)409

in place of "Act", the word used was "Chapter IV" and the amendment had been inserted by the Finance Act, 2002, with retrospective effect from 1st July, 1995. Therefore, combined reading of the entire Section 158BB definitely leads to … the case of Devang S. Desai v. Dy. CIT (2004) 84 TTJ (Mumbai) 117 : (2004) 90 ITD 107 (Mumbai).9. In his rival submissions, learned Departmental Representative for the Revenue supported the order of AO.10. We have