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Amarnath Baijnath Gupta and anr. Vs. Mohini Organics Pvt. Ltd. and anr ...

Court : Mumbai

Subject : BankingCriminal

Acts : Negotiable Instruments Act, 1881 - Sections 138, 141, 141(1), 142 and 145; Code of Criminal Procedure (CrPC) , 1973 - Sections 192, 200, 397 and 482; Constitution of India - Article 227

Reported in : 2009(3)BomCR258; 2009CriLJ995

also relied upon a decision of this Court in the case of Kapal Mehra v. Indusind Enterprises and Finance Ltd. : 2008(2)BomCR359 and submitted that the persons sought to be made criminally liable under Section 141 must … private complaint against the petitioners and four others alleging commission of an offence under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the said Act'). The complaint is based on

Pooja Ravinder Devidasani Vs. State of Maharashtra and Ors.

Court : Supreme Court of India

Subject : Land Acquisition

(hereinafter referred to as "the N.I. Act").3. The brief facts of these appeals are that Respondent No.2, a finance Company, filed seven complaints under the N.I. Act against the appellant and others viz., (1) Complaint No.3370/SS/2008 claiming … by the appellant seeking quashing of the complaints filed by the Respondent No.2 under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the N.I. Act").3. The brief facts of these

Delhi International Airport Private Limited vs.union of India, Departm ...

Court : Delhi

Subject : Service Tax

charging of fees for such storage or processing” Section 141 (2), - of the Customs Act, inserted by Finance Act 18 of 2008 provides as follows:"(2) The imported or export goods may be received, stored, delivered, dispatched or

High Court Bar Association Allahabad Vs. The State Of Uttar Pradesh

Court : Supreme Court of India

Subject : Land Acquisition

be no doubt that the third proviso to Section 254(2-A) of the Income Tax Act, introduced by the Finance Act, 2008, would be both arbitrary and discriminatory and, therefore, liable to be struck down as offending Article 14 of … India, and it can neither be shut out nor whittled down by the exercise of powers under Articles 141 and 142; c. The High Court is also a constitutional Court which is not judicially subordinate to this

V.S. Gupta Vs. Punjab National Bank

Court : Delhi

Subject : Banking

Acts : Negotiable Instrument Act - Sections 138, 141, 141(1) and 141(2); Companies Act - Sections 2, 2(24), 5, 209A(8) and 291; Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Indian Penal Code (IPC) - Sections 420

Reported in : [2010]154CompCas1(Delhi)

2007 (9) SCC 481, DCM Financial Services Ltd. v. J.N. Sareen : 2008 (2) JCC (NI) 233 : 2008 (8) SCC 1 and Ramraj Singh … carrying on the management and day to day affairs of Company and were responsible for everything related to finances of the company. It has been further alleged that accused No. 1 which had availed credit facilities from … proceedings including the proceeding dated 18.2.2005. It has been stated in the reply that to attract liability under Section 141(1) of Negotiable Instruments Act, the person concerned need not necessarily be a Director of the Company and any

Vodafone International Holdings B.V., a Company Incorporated Under the ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 1(2), 2, 2(17), 2(23A), 2(31), 2(37), 2(47), 4, 4(1), 4(2), 5(2), 9, 9(1), 23(1), 23(3), 24, 26, 64, 64(2), 173, 191, 192(1A), 194, 194C(1), 195, 195(1), 195(2), 195(3), 197, 199, 200, 201, 203A, 221, 221(1), 201(1A), 245S, 246A and 271C; Foreign Contribution Regulation Act; Indian Official Secrets Act; Constitution Act; Information Technology Act; Indian Passport Act; Indian Income Tax Act, 1922 - Sections 18, 19 and 42; Finance Act, 2008; Indian Telegraph Act, 1885; MRTP Act - Sections 33; Finance Act, 2002 - Sections 201; Companies Act; Income Tax (Amendment) Act, 2008 - Sections 191 and 201; Income Tax (Amendment) Act, 2002; Income Tax (Amendment) Act, 2003; Income Tax Rules - Rules 30 and 31A, 41E; Constitution of India - Articles 14, 19(1

Reported in : 2009(4)BomCR258; (2008)220CTR(Bom)649; [2009]311ITR46(Bom)

Matched in: Citation 2009(4)BomCR258; (2008)220CTR(Bom)649; [2009]311ITR46(Bom)

Ms. Madhushree Gupta Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Direct TaxationConstitution

Acts : Income Tax Act, 1961 - Sections 30(2), 80HHC, 90, 139, 143(1), 143(2), 144, 147, 148, 158B, 162, 164(2), 234A, 240, 256(1), 256(2), 260A, 269SS, 270, 271, 271(1), 271(1B), 271(5), 271D, 273, 273(2), 273B, 274, 275, 276C; Finance Act, 2008; Direct Tax Laws (Amendment) Act, 1987; Direct Tax Laws (Amendment) Act, 1989; Income Tax Act, 1922 - Sections 22(1), 22(2), 23, 28, 28(1), 28(2), 28(6) and 34; Finance Act, 1964; Taxation Laws (Amendment in Misc. Provisions) Act, 1986; Wealth Tax Act; Haryana Civil Services (Executive Branch) and Allied Services and Other Services, Common/ Combined Examination Act, 2002; Bombay Sales Tax Act, 1959; Maharashtra Tax Laws (Levy, Amendment and Repeal) Act, 1989 - Sections 26; Army Act, 1950; Bombay Sales Tax Rules; Army Rules; Constitution of Ind

Reported in : (2009)225CTR(Del)1; [2009]317ITR107(Delhi); [2009]183TAXMAN100(Delhi)

vires the Constitution of India. The impugned provision which was brought on to the statute book by the Finance Act, 2008 with retrospective effect from (w.r.e.f.) 01.04.1989, has resulted in a grievance in so far as the petitioners/assessees are … Court judgment in the case of CIT v. Dajibhai (1991) 189 ITR 141 came to the following conclusion.In our opinion, the legal position is well … Rajiv Shakdher, J1. The captioned writ petitions lay challenge to the provisions of Section 271(1B) of the Income Tax Act, 1961 (hereinafter referred to as the =Act) on the ground that it

Vodafone International Holdings B.V. Vs. Union of India (Uoi) and anr. Overruled

Court : Mumbai

Subject : Company Direct Taxation

Acts : Companies Act, 1956 - Section 211(3A), Companies Act, 1956 - Section 372; Income Tax Act, 1961 - Section 2, Income Tax Act, 1961 - Section 2(14), Income Tax Act, 1961 - Section 2(47), Income Tax Act, 1961 - Section 4, Income Tax Act, 1961 - Section 4(1), Income Tax Act, 1961 - Section 5, Income Tax Act, 1961 - Section 5(1), Income Tax Act, 1961 - Section 5(2), Income Tax Act, 1961 - Section 9, Income Tax Act, 1961 - Section 9(1), Income Tax Act, 1961 - Section 10(15), Income Tax Act, 1961 - Section 10(33), Income Tax Act, 1961 - Section 14A, Income Tax Act, 1961 - Section 45, Income Tax Act, 1961 - Section 47, Income Tax Act, 1961 - Section 90, Income Tax Act, 1961 - Section 94(7), Income Tax Act, 1961 - Section 133(6), Income Tax Act, 1961 - Section 163, Income Tax Act, 1961 - Section 192

not competent to treat the Petitioner as an assessee in default under Section 201, as amended by the Finance Act, 2008 and the amendment to Section 201 by the Finance Act, 2008 is unconstitutional. We have not considered it

Chandan @ Babar Vs. State Govt. of Nct of Delhi

Court : Delhi

Subject : Land Acquisition

a 27 year old man with an MBA degree. He claimed to have been working with Bajaj Auto Finance at the time when he was robbed. He had joined that job in June 2008. However, he could … this was contrary to Section 142 of the Evidence Act, 1872. Sections 141 and 142 thereof read as under:“141. Leading questions.-Any question suggesting the answer … 397 IPC while Afzal was acquitted of that offence. Chandan was convicted under Section 25/54/59 of the Arms Act. The three Appellants and Akash and Chandan were convicted for the offence under Section 391 IPC. One co-accused

Assistant Commissioner Of Income Tax (exemptions) Vs. Ahmedabad Urban ...

Court : Supreme Court of India

Subject : Land Acquisition

certain exemptions: Section 10 (20A) and Section 10 (23) ................................................... 20 G. Amendments to Section 2 (15) by Finance Act, 2008 (w.e.f. 01.04.2009) ................................................ 21 II. Submissions of parties ................................................................................................................................. 22 A. Arguments on behalf of the revenue.......................................................................................................... 22 … India ................................................................... 116 (v) State Cricket Associations.............................................................................................................. 122 (vi) Private trusts ................................................................................................................................... 135 IV. Summation of conclusions ........................................................................................................................ 141 A. General test under Section 2(15) ............................................................................................................ 141 B. Authorities, corporations, or bodies established by statute .................................................................... 142