Judgment Search Results Home > Cases Phrase: air corporations act 1953 repealed section 15 accounts and audit Page 5 of about 4,956 results (0.270 seconds)

Surprise Hotel Private Limited Vs. the U.P. Financial Corporation and ...

Court : Allahabad

Reported in : [1996]86CompCas340(All)

..... in other words the corporation formed its own judgment and in the facts and circumstances of the case after inviting objections the corporation then decides to initiate proceedings under section 29 of the state financial corporation act to realise the amount when the possibility of realising'the amount become zero. ..... he further submitted that every criteria laid down in mahesh chandra's judgment has been followed, as appeared from the notice under section 29 of the state financial corporation act, 1951 and the corporation got the best possible price. ..... ultimately the upfc issued a notice under section 29 of the state financial corporation act, 1954 regarding the sale of the hotel and also an advertisement was issued in vernacular newspaper i.e. ..... it is alleged that the business of the hotel proved to be in loss on account of terrorist activities and ultarakhand agitation and mushroom growth of dharamshalas, in the hardwar. ..... financial corporation reported in air 1993 sc 935 : (1992 all lj 1202) the hon'ble supreme court laid down the following criteria at page 945 (of air) :-- 'the guidelines/directions which are necessary to be issued to be observed by the corporation while exercising power under section 29 are as under:-- every endeavour should be made, to make the unit viable and be put on working condition. .....

Karnataka State Road Transport Corporation and Etc. Etc. Vs. Karnataka ...

Court : Karnataka

Reported in : AIR2005Kant205

..... further it is stated that the state legislature has no power to enact the impugned provision of section 3 of the amended act 9/2003 to repeal the kcca act without providing an alternative law by saving the vested rights upon the corporations and its employees as held by the apex court in catena of cases which will be referred to in the reasoning portion of this order while answering the relevant points that are framed in these cases. ..... lands, buildings, workshops and other places and all stores, instruments, machinery tools, plants, apparatus and other equipments used for the maintenance, repair of, or otherwise in connection with the service of the contract carriage as the state government may specify in that behalf and all books of accounts, registers, records and all other documents of whatever nature relating to the contract carriages vested in the state government absolutely and free from all encumbrances, and all the said property ..... by repealing the kcca act by the state legislature upon whom the decisions of the apex court viz ranganatha reddy (air 1978 sc 215) & vijay sharma's (air 1990 sc 2072) in upholding the act are binding under article 141 of the constitution of india and without taking away the effect of the judgment it should not repeal the act, without providing alternative enactment in that place by providing the vested statutory rights both to the ksrtc and its employees. .....

Maharashtra Chamber of Housing Industry and Others Vs. State of Mahara ...

Court : Mumbai

..... without prejudice to any other remedy that may be available to it under the rajasthan tenancy act, 1955 (rajasthan act 3 of 1955), if the state government, after calling for the record or otherwise, is satisfied that any final order passed in any matter arising under the provisions repealed by section is in contravention of such repealed provisions and that such order is prejudicial to the state government or that on account of the discovery of new and important matter or evidence which has since come to its notice, such ..... order is required to be reopened, it may, at any time within five years of the commencement of this act, direct any officer subordinate to it to reopen such decided ..... corporation of the city of victoria v/s bishop of vancouver island, reported in air 1921 pc 240. 7.t.r. ..... (see: state of bombay v/s united motors (india) limited air 1953 sc 252). .....

The Housing Commissioner, Karnataka Housing Board and Another Vs. The ...

Court : Karnataka

..... on behalf of the corporation that the subject land acquisition proceedings have been concluded in all respects under the 1894 act and that they are not affected at al in view of section 114(2) of the 2013 act, has no merit at all, and is noted to be ..... notwithstanding anything contained in this act, in any case of land acquisition proceedings initiated under the land acquisition act, 1894: (a) where no award under section 11 of the said land acquisition act has been made, then, all provisions of this act relating to the determination of compensation shall apply; or (b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said land acquisition act, as if the said act has not been repealed. ..... his submission, he has relied upon the following citations: i) air 2014 sc 982 pune municipal corporation and another vs. ..... proceedings shall be deemed to have lapsed and the appropriate government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this act: provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said land acquisition act, shall be entitled to compensation in ..... shiv raj and others reported in air 2014 sc 2242 and connected cases, wherein it has held as .....

Hemant Sudhakar Madane and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2005(3)ALLMR841; 2006(2)BomCR307

..... 3 corporation, in order to levy and collect octroi could resort to the provisions of clause (5) read with clause (23) of appendix iv read with section 493 of the corporation act and adopt the procedure prescribed under octroi rules, 1969, which were framed under the municipality act and which stood repealed since the year 1999, ignoring the provisions of law comprised under section 149 of the corporation act.16. ..... 3, however, is that though the provisions empowering the municipal council to levy and collect octroi under the municipality act were repealed and even if it is assumed that the rules framed for the purpose of following the procedure for levy and collection of octroi would consequently stand repealed, nevertheless resort to those rules can be taken by the corporation in view of the provisions comprised under clause 5(a) of appendix iv to the corporation act. ..... on account of abolition of said powers of the municipal council to levy and collect the octroi, the government had formulated a policy to provide financial assistance for a certain period and consequently, under the government resolution dated 10-10-2001 the municipalities were assured of certain compensation in lieu of octroi duty.7. .....

K.N. Nagaraj Vs. Corporation of the City of Bangalore

Court : Karnataka

Reported in : ILR1992KAR1240; 1992(3)KarLJ501

..... they governed the service conditions of the officers and servants of the corporation before that act was repealed by the karnataka municipal corporations act, 1976 (for short 'the 1976 act'). ..... in that event, the 1971 regulations, which were made under the city of bangalore municipal corporation act, 1949 (for short 'the 1949 act') must be regarded as operative in respect of promotions which were effected and which are to be effected to the posts of deputy revenue officers. ..... narayan by way of reply to the contentions raised on behalf of respondent-2, are these:the 1971 regulations made under the 1949 act continued to operate only till, under the successor karnataka municipal corporations act, 1976, the 1977 rules were made and not thereafter. ..... even otherwise, we are unable to see how such contention could be sustained when all that is said in section 506 of that act is that the conditions of service of officers and the employees of the corporation, which were operative under the 1949 act, will continue to operate till the new rules are made under the new act (the 1976 act) as would govern their service conditions. ..... these rules could be regarded as being under suspended animation till they were validated by act 40/1981, in that, this court, in some of its decisions, has taken the view that on account of the fact that they had been promulgated without inviting prior objections from the public and considering them as required under law they wer6 unenforceable. .....

income-tax Officer Vs. Sakthi Finance Ltd. and ors.

Court : Chennai

Reported in : [2001]247ITR593(Mad)

..... the learned judge after referring to the decisions including rayala corporation's case, air 1970 sc 494, has held thus (headnote of 197 itr) :'the principle enacted in section 6 that, unless a contrary intention appears, the repeal of an act would not affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed, would apply to a repeal of one of the sections of the income-tax act, 1961. ..... section 269t of the act states thus :'no company (including a banking company), co-operative society or firm shall repay to any person any deposit otherwise than by an account payee cheque or account payee bank draft where the amount of the deposit, or where the amount of the deposit is to be repaid together with any interest, the aggregate of the amount of the deposit and such interest, is ten thousand rupees or more.'14. ..... it is the case of the appellant/complainant that the first accused violated section 269t by repayment of loan otherwise than by an account payee cheque and that they violated section 269ss by accepting deposits of rs. ..... they issue him a temporary receipt of the amount and it is only after getting payment realised in the company's account, they would issue the deposit receipt and that in the case of the customers who are elderly, sick and illiterate they use to send their staff along with them to the bank to help them to get necessary pay orders. .....

Managing Director, Apsrtc and anr. Vs. A. Annaiah

Court : Andhra Pradesh

Reported in : 2010(1)ALT37

..... 9 of 1994 in the court of the additional district judge, hindupur, under section 20 of the arbitration act, 1940 to direct the corporation to file the agreement dated 31.8.1991 into court and make an order of reference to the arbitrator appointed by the court for decision of his claim against the corporation. ..... on the other hand, the learned counsel for the respondent vehemently contended that since the arbitral proceedings had actually commenced on 1.8.2006 the provisions of the arbitration and conciliation act, 1996, are applicable and as per section 36 of the said act the award dated 8.12.2008 is enforceable in the same manner as if it were a decree of the court.9. ..... the learned counsel for the petitioner/corporation contended that as the award dated 8.12.2008 was passed under the arbitration act, 1940 unless the same is made a rule of the court as provided under section 17 of the arbitration act, 1940, no execution proceedings can be maintained. ..... having entertained the said execution petition, the learned senior civil judge, hindupur, by order dated 12.2.2009 while directing notice to the corporation returnable by 12.03.2009, ordered attachment of the amount lying in the account of the corporation. ..... 11 of 2009 in the court of the senior civil judge, hindupur, seeking attachment of the amounts lying in the current account of the corporation in the state bank of india, hindupur, under order 21 rule 46 of c.p.c. ..... sarbeswar rout : air 1989 sc 2259 arising under the repealed act no. .....

Torrent Laboratories Pvt. Ltd. Vs. Union of Incia

Court : Gujarat

Reported in : 1991(55)ELT25(Guj); (1990)2GLR1017

..... in that case, the legality and validity of provisions of section 33(6) of the bombay sales tax act, 1959 [corresponding to section 14(6) of bombay sales tax act, 1953] came up for consideration before the supreme court. ..... paid on '(1)(i) where credit of duty paid inputs has been taken wrongly, on inputs has been taken on the credit so taken may be account of an error, omission or disallowed by the proper officer misconstruction, on the part of and the amount so disallowed an officer or a manufacturer, or shall be adjusted in the credit an assessee the proper officer account or the account-current may, within six months from the maintained by the manufacturer date of such credit, serve notice or if such adjustments are not ..... if such is the basis upon which repeals and implied repeals are brought about it appears to us to be both logical as well as in accordance with the principles upon which the rule as to implied repeal rests to attribute to that legislation which effects a repeal by necessary implication the same intention as that which would attend the case of an express repeal, where an intention to effect a repeal is attributed to a legislature then the same would, in our opinion attract the incident of the saving found in s. ..... mohar singh, (1955) 1 scr 893, 'the new act expressly keeps alive old rights and liabilities under the repealed ordinance but whether it manifests an intention to destroy them'. ..... corporation, reported in air 1980 sc 77. .....

Shri Shankaranarayana Construction Company Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : AIR2008MP5; 2008(1)ARBLR296(MP); 2007(4)MPHT444; 2008(1)MPLJ78; AIR2008MP5; 2008(1)AIRKarR319(FB); 2008AIHC390(MP)(FB

..... hence, the provisions of the 1983 adhiniyam are not repugnant to the provisions of the 1996 act and are not void and do not stand impliedly repealed by the 1996 act.the application made under section 11(6) of the 1996 act is therefore not maintainable and the writ petition has no merit. ..... we are of the considered opinion that the view taken in the two division bench decisions of this court in spedra engineering corporation and bhanu kumar jain and associates (supra), that the 1983 adhiniyam provides for statutory arbitration is correct in law because it provides for arbitration of disputes by the arbitration tribunal even without an arbitration agreement. ..... than five years, or he is or has been chief engineer1 in the service of the state government in public works, irrigation or public health engineering department, or a chief engineer in the service of the madhya pradesh electricity board, or a senior deputy accountant general of the office of the accountant general, madhya pradesh for a period of not less than five years. ..... air 1983 sc 150, in which the supreme court similarly held that after the parliament enacted the central amendment act in 1976, amending the provisions of prevention of food adulteration act, 1954, the state amendment made in the prevention of food adulteration act, 1954 by the state legislature of west bengal by the west bengal amendment act of 1973 with respect to the same matter, stood impliedly repealed under article 254(1) of the constitution.7. mr. .....