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Standard Chartered Bank and ors. Etc. Vs. Directorate of Enforcement a ...

Court : Supreme Court of India

Subject : CompanyCriminal

Acts : Income Tax Act, 1961 - Sections 232(3), 232(3)(1), 276B, 276C, 277, 278 and 278B; Indian Penal Code (Amendment) Bill, 1972; Finance (No. 2) Act, 2004 - Sections 35HA(3); Wealth Tax Act, 1957; Indian Penal Code (IPC) - Sections 7, 11, 62, 417 and 420; Foreign Exchange Regulation Act, 1973 - Sections 56(1); Monopolies and Restricted Trade Practices Act, 1969 - Sections 48A; Code of Criminal Procedure (CrPC) , 1973 - Sections 235; Monopolies and Restricted Trade Practices (Amendment) Act, 1984 ; Foreign Exchange Regulation Act, 1973 - Sections 13, 19(1), 44(2), 18(1), 18A, 50, 51, 56, 57 and 58; Companies Act, 1956; Suppression of Immoral Traffic in Women & Girls Act, 1956 - Sections 3(1); Prevention of Food Adulteration (Amendment) Act No. 34 of 1976; Employees Provident Fund Act; Genera

Reported in : AIR2005SC2622; 2005(4)ALD10(SC); III(2005)BC119(SC); [2005]125CompCas513(SC); (2005)4CompLJ464(SC); 2005(3)CTC39; (2005)195CTR(SC)465; 119(2005)DLT687(SC); 2005(100)ECC457; (2005) 4 SCC 530

2003. Section 278B was promptly amended by Parliament by insertion of sub-section (3) by the Finance (No. 2) Act, 2004 w.e.f. 1.10.2004. The inserted sub-section (3) reads as under:'278B (3) Where an offence under this Act has been … as the sentence of imprisonment provided under that section after its amendment by the Prevention of Food Adulteration (Amendment) Act No. 34 of 1976 which is mandatory cannot be awarded to it. In paragraph 7, the Full Bench … issued to them under Section 50 read with Section 51 of the Foreign Exchange Regulation Act, 1973 (for short, the FERA Act) and contended that

Satish Nambiar Vs. Union of India (Uoi), Through Ministry of Home Affa ...

Court : Mumbai

Subject : Constitution

Acts : Citizenship Act, 1955 - Sections 7A, 7B, 7A(1), 7D, 9 and 11; Foreigners Act, 1946 - Sections 2; Citizenship Rules, 1956 - Rules 20(1), 21 and 25E; Illegal Migrants (Determination by Tribunals) Act; Foreigners (Tribunal) Order, 1964; Punjab Gram Panchayat Act (1952) - Sections 3 and 4; Constitution of India - Articles 9, 14, 19, 21, 22(1), 22(2) and 226; Custom House Agent Licence Regulations, 2004 - Regulations 20(1), 20(2) and 22; Citizenship (Amendment) Act, 2003; Citizenship (Amendment) Act, 2004

Reported in : AIR2008Bom158; 2007(5)ALLMR259; 2007(5)BomCR247

and the provisions such as Section 7D were inserted therein. The Statement of Objects and Reasons of the Amendment Act 6 of 2004 mentions that it was intended to grant dual citizenship to persons of Indian origin belonging … behalf of the respondents-Union of India, it is stated that the petitioner is a foreigner governed by the Foreigners Act, 1946; and grant of OCI registration does not amount to granting Indian Citizenship. In terms of Article … A 0202250 and life long Visa Sticker No. U-020250 dated 18th May, 2006 to the petitioner under the provisions of Section 7A(1) of the Citizenship

In Re Section 6a Of The Citizenship Act 1955

Court : Supreme Court of India

Subject : Right to Information

of the Citizenship (Amendment) Act 200369 which was notified on 7 January 2004. The 2003 65 Ibid, p. 1089; See Haimanti Roy, Partitioned Lives: Migrants, … detected to be a foreigner in accordance with the provisions of the Foreigners Act, 1946 (31 of 1946) and the Foreigners (Tribunals) Order, 1964 by … counsel with sufficient clarity. To avoid prolixity, I will briefly advert to the background.4. In 1985, the Citizenship (Amendment) Act 1985 was enacted to include Section 6A to the Citizenship Act3. The provision grants citizenship to persons of … a foreigner. (6) Without prejudice to the provisions of section 8― (a) if any person referred to in sub-section (2) submits in the prescribed manner and form and to the prescribed authority within sixty days from the date

Union of India Vs. Maliakkal Industrial Enterprises

Court : Kerala

Subject : Education

of import permit is what remained under import policy for the years 2004 - 2009 and the learned Single Judge has not considered the distinction … appellants Sri. John Varghese would submit that boric acid can be regulated . Learned counsel drew support from Section 2 of the Act. He would contend that Section 2 of the Act makes it clear that Act is … FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110001.2. THE DIRECTOR GENERAL OF FOREIGN TRADE, DEPARTMENT OF COMMERCE, MINISTRY OF COMMERCE AND INDUSTRY, GOVERNMENT OF INDIA, … at any time after such expiry but within a period of one year from the commencement of the Insecticides(Amendment) Act, 1977: Provided that nothing contained in this sub-section shall be deemed to make any contravention before the commencement

Asian Food Industries Vs. Union of India (Uoi) and ors.

Court : Gujarat

Subject : Customs

Acts : General Clauses Act, 1897; Foreign Trade (Development and Regulation) Act, 1992 - Sections 5; Customs Act, 1962 - Sections 50 and 51; Constitution of India - Articles 14 and 226

Reported in : 2008(223)ELT565(Guj); (2007)2GLR1744

or direction, quashing and setting aside the impugned Notification No. 19 (RE-2006) 2004-2009 dated 4-7-2006 passed by respondent No. 2 giving retrospective effect to the … General Licence (O.G.L.) after receiving confirmed orders. In the course of such business, the petitioner-firm received orders from foreign importers from middle-east for export of 20,331 M.Ts. of various kinds of pulses and grains equivalent to 107 … Notification dated 4-7-2006 (impugned Notification) the earlier Notification dated 27-6-2006 has been amended so as to give retrospective effect with effect from 22-6-2006 on the … accordingly allowed. Rule made absolute. There shall be no order as to costs. - INDUSTRIAL DISPUTES ACT, 1947. Section 2(s): [M.S. Shah, Sharad D. Dave & K.S. Jhaveri,JJ] Workman Part time employees Held, Part time employees are not

Atul Commodities Pvt. Ltd. and ors. Vs. Commissioner of Customs, Cochi ...

Court : Supreme Court of India

Subject : Customs

Acts : Foreign Trade (Development and Regulation) Act, 1992 - Sections 3, 5, 6, 6(3), 15, 16 and 19; Customs Act, 1962 - Sections 111 and 124

Reported in : 2009(168)LC1(SC); 2009(7)LC3189(SC); 2009AIRSCW2072; 2009(5)SCC46; 2009(3)Scale242; 2009(4)JT23.

para 5.1 of FTP because the said machines are not capital goods. According to the learned Counsel, the amendment to para 2.17 via Notification dated 19.10.2005 re- affirms the Circular No. 20/05, which in turn refers to … lie within a very narrow compass. 4. In exercise of the powers conferred under Section 5 of the Foreign Trade (Development and Regulation) Act, 1992, the Central Government notified Foreign Trade Policy ('FTP' for short) for the … Central Government notified Foreign Trade Policy ('FTP' for short) for the period 2004-09 incorporating the Exim Policy for the period 2002-07 as modified. The Policy

Agri Trade India Services Pvt. Ltd. and anr. Vs. Union of India (Uoi) ...

Court : Delhi

Subject : FERA

Acts : Foreign Trade (Development and Regulation) Act, 1992 - Sections 3, 3(2), 5, 8, 8(1) and 23(1A); Custom Act, 1962 - Sections 11, 25 and 25(1); Foreign Exchange Regulation Act, 1947 - Sections 8; Constitution of India - Articles 14, 226 and 300A

Reported in : 132(2006)DLT500; 2006(204)ELT161(Del)

or under the order, the import and export of goods;(3) All goods to which any order under Sub Section (2) applies shall be deemed to be goods the import of export of which has been prohibited under Section … S. Muralidhar, J.Introduction1. Important questions of law concerning the interpretation of Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 (hereinafter `the Act') and certain notifications issued there under arise for consideration … The Central Government reserves the right in public interest to make any amendments to this Policy in exercise of the powers conferred by Section 5 … read with Para 1.3 and Para 2.1 of the Foreign Trade Policy, 2004-2009, the Central Government hereby makes the following amendments in the ITC(HS) Classifications

Rajesh Exports Limited Vs. Union of India (Uoi) Represented by Its Sec ...

Court : Karnataka

Subject : ConstitutionCustoms

Acts : Foreign Trade (Development and Regulation) Act, 1992 - Sections 5; Evidence Act - Sections 115; Constitution of India - Articles 14 and 226

Reported in : ILR2005KAR5754

the guidelines would be applicable to the exports made on or after 1-4-2003. Petitioner contends that the aforesaid amendment and the clarification making it retrospective would altogether change the basic nature and fundamental features of the scheme. … trading house and is a 'status holder' under the Export Import Policy (2002-2007).3. Under the provisions of the Foreign Trade (Development and Regulation) Act, 1992 (for short 'the Act') the Government has issued an Export and Import … per Annexure-A purported to be in exercise of the powers conferred under Section 5 of the Act read with para 1.1 of the policy, amending … the Government has issued an Export and Import Policy for the period 2002-07 (for short 'the policy'). The policy is also accompanied by the Hand

Abu-dhabi Commercial Bank Ltd. Vs. Jt. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

and 1997-98. It is also noted by the Tribunal that there is amendment in the provisions of Section 44C with effect form 1-4-1993 i.e., with … as the one that existed in the explanation to Section 90 prior to its deletion by the Finance Act, 2004; and, therefore, the ratio of the rulings in the case of Decca Survey Overseas Ltd., IT Appeal No. … [40 per cent tax and 7.5 per cent surcharge] and not55 per cent being the rate applicable to foreign companies for assessment year 1997-98. As per the assessee in assessment years 1995-96 and 1996-97, tax rate applicable … rendered in the case of Deutsche Bank AG as per order dated 24-7-2003 in Income Tax reference No. 139 of 1997. The assessing officer was

State of Gujarat Vs. Jaman Haji Mamad Jat and 3 ors.

Court : Gujarat

Subject : CriminalMedia and Communication

Acts : Indian Arms Act - Sections 25, 25(1)(AA) and 25(1)(B)(C)(F); Explosive Substances Act, 1908 - Sections 4, 5, and 6; Criminal Law Amendment Act - Sections 3; Foreigners Act - Sections 13(2); Indian Wireless and Telegraphic Act - Sections 6(1A) and 14; Customs Act - Sections 108; Indian Penal Code (IPC) - Sections Sections 34, 120B, 121, 121(A), 122, 123 and 124(A) and 489A; Code of Criminal Procedure (CrPC) , 1973 - Sections 313 and 366(1)

Reported in : 2007CriLJ1584; (2007)2GLR1165

Matched in: Advocate R.C. Kodekar, APP in Confirmation Cases Nos. 3 and 4 of 2004 and; Hashim Qureshi, Adv. for Appellant Hashim Qureshi, Adv. for Respondents 1-4 in Confirmation Cases Nos. 3 and 4 of 2004 and; R.C. Kodekar