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Feb 18 1977

Commissioner of Income-tax, Gujarat-iii Vs. Kurji Jinabhai Kotecha

Court : Supreme Court of India

Decided on : Feb-18-1977

Subject : Direct Taxation

Reported in : AIR1977SC1142a; [1977]107ITR101(SC); (1977)2SCC719; [1977]3SCR26

it arose out of illegal contracts on account of the same being banned under Section 15(4) of the Forward Contracts (Regulation) Act, 1952.4. It will appear that the break-up of losses in the business of illegal forward contracts is as follows:(1) … assessee sustains a loss of profits or gains in any year under any of the heads mentioned in Section 6, he shall be entitled to have the amount of the loss set off against his income, profits or

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Nov 23 1956

Sri Bayyanna Bhimayya and ors. Vs. Government of Andhra

Court : Andhra Pradesh

Decided on : Nov-23-1956

Subject : Sales Tax

Acts : Sales of Goods Act - Sections 2(4), 6(3), 7 and 11; Sales Tax Act - Sections 2; Forward Contracts (Regulation) Act, 1952 - Sections 2

Reported in : [1957]8STC167(AP)

of Goods Act, section 2(b), (c), (h) and (i) of the Sales Tax Act, section 2(c) of the Forward Contracts (Regulation) Act, 1952, and placed reliance on State of Bombay v. United Motors (India) Ltd. (1953 4 S.T.C. 133) and Sales … it does not become a sale. The learned counsel in this connection drew our attention to section 2(4), 6(3), 7 and 11 of the Sales of Goods Act, section 2(b), (c), (h) and (i) of the Sales

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Apr 24 1969

Motilal Vijbhukhandas Vs. M.R. Pillai

Court : Mumbai

Decided on : Apr-24-1969

Subject : Criminal

Reported in : 1969MhLJ875

accused was illegal because the police had not applied for a search warrant under Section 22A of the Forward Contracts (Regulation) Act, 1952. The learned Presidency Magistrate overruled this contention following an unreported judgment by Mr. Justice Chitale and Mr. Justice … a decision of this Court in Emperor v. Fernad I.L.R. (1907) Bom. 438 : 9 . Bom. L.R. 695, supported his construction that Section 22A excluded the operation of Section 165 of the Criminal Procedure Code.8. Now,

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Mar 21 1961

Mohan Lal Chandumall and ors. Vs. Punjab Company Ltd., Bhatinda and or ...

Court : Punjab and Haryana

Decided on : Mar-21-1961

Subject : Company

Acts : Forward Contracts (Regulation) Act, 1952 - Sections 6(3) and 9A; Forward Contracts (Regulation) (Amendment) Act, 1957; Companies Act, 1956 - Sections 181, 182, 397, 398 and 402; Evidence Act, 1872 - Sections 115

Reported in : AIR1961P& H485; [1962]32CompCas937(P& H)

to bring the Articles of Association in conformity with the amended memorandum of Association of the Company and Forward Contracts (Regulation) Act, 1952 and suggestions of the Forward Markets Commission and to make the Articles more comprehensive for the benefit of … the surrounding moffussil areas.Lastly four directors are to be nominated by the Government of India in accordance with Section 6(2)(b) of the Forward Contracts (Regulation) Act of 1952. Thus the non-trading shareholders have no representation at all On

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Feb 05 2009

National Commodity and Derivatives Exchange Limited, a Company Incorpo ...

Court : Mumbai

Decided on : Feb-05-2009

Subject : Company

Acts : Companies Act, 1956 - Sections 9A, 11 and 28; Forward Contracts (Regulation) Act, 1952 - Sections 3, 6, 6(2), 6(3), 8(2), 10, 11, 12, 14 and 26; Constitution of India - Articles 14, 19(1), 21 and 226; Forward Contracts (Regulation) Rules, 1954 - Rule 7 and 7(2)

Reported in : 2009(3)BomCR803; 2009(111)BomLR1238; 2009BusLR351(Bom)

registered under the provisions of the Companies Act, 1956 and a recognised association under the provisions of the Forward Contracts (Regulation) Act, 1952 and claims to carry on business as a Commodities' exchange by providing a trading platform for dealing in … Markets Commission.9. A bare reading of the above provision shows that recognition of an Association in terms of Section 6 is vested in the Respondents and they have the jurisdiction to withdraw the recognition. Recognition is subject to

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Feb 03 1978

H. Puttappa and ors. Vs. the State of Karnataka and ors.

Court : Karnataka

Decided on : Feb-03-1978

Subject : Trusts and SocietiesConstitution

Acts : Constitution of India - Articles 13, 14, 17, 19, 23, 24, 31(1), 31(2), 31A(1) and 32; Karnataka Co-operative Societies Act, 1959 - Sections 4, 6, 7, 9, 10, 11, 12, 13, 14A, 14A(1), 14A(2), 14A(4), 14A(5), 14A(6), 15, 16, 16(3), 17, 26, 30, 30A, 30B and 105A; Karnataka Co-operative Societies (Amendment) Act, 1976; Karnataka Co-operative Societies Ordinance, 1977; Transfer of Property Act, 1882; Registration Act, 1908; Code of Civil Procedure (CPC), 1908 - Sections 60(1); Co-operative Societies Act, 1912 - Sections 39, 47, 72, 112; Bombay Government Premises (Eviction) Act, 1955; Forward Contracts (Regulation) Act, 1952 - Sections 5, 6, 6(2) and 10; Companies Act, 1956 - Sections 326; The Hindi Sahitya Sammelan Act, 1962; Andhra Pradesh Co-operative Societies Act

Reported in : AIR1978Kant148; ILR1978KAR605; 1978(1)KarLJ302

Union of India, : [1962]3SCR547 considered almost similar questions. In that case, Sections 5, 6 and 10 of Forward Contracts (Regulation) Act (1952) were challenged on the ground that they were violative of Article 19(1)(c). Section 6 of the said Act

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May 03 1974

Jaikishan Dass Mull Vs. LuchhiminaraIn Kanoria and Co.

Court : Supreme Court of India

Decided on : May-03-1974

Subject : Commercial

Acts : Forward Contracts (Regulation) Act, 1952 - Sections 15(3A)

Reported in : AIR1974SC1579; (1974)2SCC521

to be invalid on the ground that the contracts were illegal under Section 15, Sub-section (3A) of the Forward Contracts (Regulation) Act, 1952 (hereinafter referred to as the Forward Contracts Act).2. The appellants and the respondents were both at all material … of certain matters relating to forward contracts, the prohibition of options in goods and for matters connected therewith. Section 6 deals with the subject of grant of recognition to an association and provides that where the Central Government

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Nov 24 2003

Dharam Dutt and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Nov-24-2003

Subject : Constitution

Acts : Indian Council of World Affairs Ordinance, 2001; Constitution of India - Articles 13, 14, 19, 19(1), 19(2) to 19(6), 25, 26, 29, 30, 31, 31(2), 32, 123, 245, 300A and 371E; Societies Registration Act, 1860 - Sections 5; Public Premises Act; State Government of Bihar promulgated Ordinance, 1986; Forward Contracts (Regulation) Act, 1952; Auroville (Emergency Provisions) Ordinance, 1980; Tibbia College Act, 1952; Indian Council of World Affairs Act, 2001 - Sections 2, 4 and 5

Reported in : AIR2004SC1295; 2003(10)SCALE14; (2004)1SCC712

Parkash and Anr. v. The Union of India and Anr., : [1962]3SCR547 , the issue related to the Forward Contracts (Regulation) Act, 1952, which imposed restrictions on the recognition of associations by the Government. Provisions were made for certain enquiries to … Interests of morality, The Constitution Bench discarded the argument as without force and held -'the restriction imposed by Section 6 of the Act is for the purpose of recognition and no association is compelled to apply to the

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Sep 12 1961

Raghubar Dayal Jai Prakash Vs. the Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Sep-12-1961

Subject : Constitution

Acts : Constitution of India - Article 32; Forward Contracts (Regulation) Act, 1952 - Sections 15

Reported in : AIR1962SC263; [1962]3SCR547

Supplies (Temporary Powers) Act, 1946. This ban was however removed by a notification dated January 7, 1954. The Forward Contracts (Regulation) Act, 1952, was not-applied to gur with the result that for January, 1954, all contracts in relation to gur remained … established in due course at Hapur, Meerut, Agra, Muzzafarnagar and Delhi, and that recognition should be granted under section 6 of the said Act.............. '. 9. In accordance with what was stated here existing associations in the places

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Oct 01 1956

Hirji Bharmal Vs. Bombay Cotton Ltd.

Court : Mumbai

Decided on : Oct-01-1956

Subject : Contract

Acts : Bombay Forward Contracts Control Act, 1947 - Sections 1(3), 3, 6, 6(2), 6(3), 7, 8, 8(1), 10, 11 and 15; Forward Contracts (Regulation) Act, 1952 - Sections 11(3), 15(2) and 15(4); Code of Criminal Procedure (CrPC) , 1898; Sale of Goods Act, 1930 - Sections 42, 54(2) and 56; Defence of India Rules, 1922; Defence of India Act - Sections 5

Reported in : AIR1958Bom411; (1957)59BOMLR4; ILR1957Bom163

Cotton Contracts Act (Bom. XIV of 1922), Section 5--Bombay Cotton Contracts Act (Bom. IV of 1932), Section 8--Forward Contracts (Regulation) Act (LXXIV of 1952), Sections 11(3)(a), 12(2) & (4)--Forward delivery contracts, within by-law of Association, in requisite form but … it is not entered into, made or to be performed (a) in accordance with such by-laws, made under Section 6 or 7 relating to the entering into, making or performance of such contracts, as may be specified in

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