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Commissioner of Income-tax, Gujarat-iii Vs. Kurji Jinabhai Kotecha
Supreme Court of India
Feb-18-1977
Direct Taxation
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
Tag this Judgment! AI Brief & AskSri Bayyanna Bhimayya and ors. Vs. Government of Andhra
Andhra Pradesh
Nov-23-1956
Sales Tax
Sales of Goods Act - Sections 2(4), 6(3), 7 and 11; Sales Tax Act - Sections 2; Forward Contracts (Regulation) Act, 1952 - Sections 2
[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
Tag this Judgment! AI Brief & AskMotilal Vijbhukhandas Vs. M.R. Pillai
Mumbai
Apr-24-1969
Criminal
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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Mohan Lal Chandumall and ors. Vs. Punjab Company Ltd., Bhatinda and or ...
Punjab and Haryana
Mar-21-1961
Company
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
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
Tag this Judgment! AI Brief & AskNational Commodity and Derivatives Exchange Limited, a Company Incorpo ...
Mumbai
Feb-05-2009
Company
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)
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
Tag this Judgment! AI Brief & AskH. Puttappa and ors. Vs. the State of Karnataka and ors.
Karnataka
Feb-03-1978
Trusts and SocietiesConstitution
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
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
Tag this Judgment! AI Brief & AskJaikishan Dass Mull Vs. LuchhiminaraIn Kanoria and Co.
Supreme Court of India
May-03-1974
Commercial
Forward Contracts (Regulation) Act, 1952 - Sections 15(3A)
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
Tag this Judgment! AI Brief & AskDharam Dutt and ors. Vs. Union of India (Uoi) and ors.
Supreme Court of India
Nov-24-2003
Constitution
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
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
Tag this Judgment! AI Brief & AskRaghubar Dayal Jai Prakash Vs. the Union of India (Uoi) and ors.
Supreme Court of India
Sep-12-1961
Constitution
Constitution of India - Article 32; Forward Contracts (Regulation) Act, 1952 - Sections 15
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
Tag this Judgment! AI Brief & AskHirji Bharmal Vs. Bombay Cotton Ltd.
Mumbai
Oct-01-1956
Contract
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
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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