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Judgment Search Results Home > Cases Phrase: banking regulation act 1949 maharashtra schedule the fifth schedule Page 1 of about 1,771 results (0.452 seconds)

Feb 10 1970 (SC)

Rustom Cavasjee Cooper Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530

..... an 'existing bank' was denned by section 2(b) as meaning 'a banking company specified in column 1 of the first schedule, being a company the deposits of which, as shown in the return as on the last friday of june, 1969, furnished to the reserve bank under section 27 of the banking regulation act, 1949, were not less than rupees fifty crores'. ..... reference may be made to schedule vi of the companies act which refers to goodwill under fixed assets but the banking regulation act, 1949 does not contain goodwill under property and assets.226. ..... the rate works out at more than 10% in the case of the shares of bank of baroda, central bank of india, dena bank, indian bank, united bank and united commercial bank; and at more than 9% in the case of shares of bank of india, bank of maharashtra, canara bank, indian bank, indian overseas bank and united bank of india. ..... fifthly, there are provisions that suits, appeals, or other proceedings pending by or against the existing bank be continued, prosecuted and enforced by or against the corresponding new bank.148. ..... first, no time limit was mentioned with regard to payment of compensation in section 6(1); secondly, section 6(6) was an unreasonable restriction; thirdly, the four disputed businesses are not subject matter of acquisition for public purpose; fourthly, debentures cannot be subject matter of acquisition; fifthly, currency notes, cash, coins cannot be subject matter of acquisition. .....

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Jul 11 1997 (SC)

Samatha Vs. State of A.P. and ors.

Court : Supreme Court of India

Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305

..... sri sudhir chandra further contended that clause 2(a) of para 5 of the fifth schedule restricts transfer of land by or among members of the scheduled tribes; clause (b) regulates the allotment of land to members of the scheduled tribes in such area; and clause (c) regulates money-lending business by non-tribals to members of the scheduled tribes in scheduled area and para 5(3) gives power to the governor to regulate by law or to repeal or amend any act of parliament or of the legislature of the state or any existing law in relation to that area. ..... right to health has been declared to be a fundamental right in cerc case; right to education is a fundamental right under article 46 as held by this court in maharashtra state board of secondary and higher secondary education vs.k.s.gandhi [1991 (2) scc] and j.p.unni krishnan vs. ..... the only exception engrafted is the transfer to co-operative societies composed solely of tribals or mortgage of the land to a co-operative land mortgage bank registered as an instrumentality of the state or any government approved lending agency to improve the agricultural lands or sale to an agent to the government etc. ..... joachim arissol (1949) act 127, it was held that the power of the president to make regulations under art 240 was very wide and the president could make regulations with respect to a union territory occupying the same field on which parliament could also make laws. .....

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Feb 23 2005 (HC)

A.K. Lakshmipathy (Died) by Lr and ors. Vs. Rai Saheb Pannalal Hiralal ...

Court : Andhra Pradesh

Reported in : 2005(5)ALD658; 2005(6)ALT238

..... under the suit agreement, the vendees agreed to secure permission and/or exemption from the competent authority under the provisions of the urban land (ceiling and regulation) act, 1976 (hereinafter called, ulc act) and on its part, the vendor agreed to assist in every way by signing all necessary papers and documents from time to time and also to execute sale deed in favour of the first plaintiff or his nominee/ nominees ..... pradesh and hence it shall be difficult and inconvenient for the trust or for the trustees to pursue the matter before the urban ceiling authority and as the vendees have agreed to do the needful, vendor shall on his part assist in every way, and shall sign all necessary papers and documents to secure permission and/or exemption for transfer of the scheduled property from vendor to vendee's name from time to time at the cost of the vendees including signing a vakalat for appointing an advocate for ..... endowments department, that second defendant should give irrevocable bank guarantee for repayment of money paid by them in case endowments department refuses permission and that second defendant should enter into agreement with plaintiffs incorporating those conditions ..... the trust known as rai saheb pannalal hiralal lahoti charitable trust, the first defendant herein, owned properties in hyderabad and hingoli in maharashtra ..... death of bhima bai, her daughter, the third defendant and adopted son suresh chandra lahoti (fifth defendant) stepped into the shoes of bhima bai. .....

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Nov 18 2009 (HC)

Nikhil Shamrao Parandkar and Pradeepkishor Dhondiram Dhavale Vs. the S ...

Court : Mumbai

..... petitioner relies on section 4 of the maharashtra employees of private schools (conditions of service) regulation act, 1977 and more specifically section 4 thereof which reads as under:4(1) : subject to the provisions of this section, the state government may make rules providing for the minimum qualification for recruitment (including its procedure), duties, pay, allowances, post retirement of other benefits and other conditions of service of employees of private schools and for reservation of adequate number of posts for members of the backward classes:provided that ..... , neither the pay nor the rights in respect ..... pursuant to recommendations of the fifth pay commission, the government of maharashtra in terms of the recommendations of the a.i.c.t.e. .....

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Mar 31 1980 (HC)

Commissioner of Wealth-tax, Andhra Pradesh Vs. Narendra Ranjalker

Court : Andhra Pradesh

Reported in : [1981]129ITR203(AP)

..... 5(1)(xxvi) is deposits with a banking company to which the banking regulation act, 1949, applies (including any bank or banking institution referred to in s. ..... 2(m) as the amount by which the aggregate value computed in accordance with the provisions of the act of all the assets, wherever located, belonging to the assessee on the valuation date, including assets required to be included in his net wealth as on that date under the act, is in excess of the aggregate value of all the debts owed by the assessee on the valuation date other than the debts and certain other amounts mentioned in the said provision. ..... butchi krishna : [1979]119itr8(orissa) where the orissa high court took the view that deduction has to be made from out of the share of the individual in the deposits held by the firm; whereas the wto in that case held that the exemption should be effected in the hands of the firm and the net wealth of the firm should thereafter be calculated. ..... act is the charging section and provides that subject to the other provisions contained in the act, there shall be charged for every assessment year, a tax (hereinafter referred to as 'the wealth-tax') in respect of the net wealth on the corresponding valuation date of every individual, huf and company at the rate or rates specified in in the schedule. ..... 4,654 with the bank of maharashtra. .....

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Jul 21 1971 (HC)

Mudiam Oil Co. and ors. Vs. Income-tax Officer and ors.

Court : Andhra Pradesh

Reported in : [1973]92ITR519(AP)

..... hundred rupees is made otherwise than by a crossed cheque drawn on a bank or by a crossed bank draft in the cases and circumstances specified hereunder, namely :-- (a) where the payment is made to- (i) the reserve bank of india or any banking company as defined in clause (c) of section 5 of the banking regulation act, 1949 (10 of 1949); (ii) the state bank of india or any subsidiary bank as defined in section 2 of the state bank of india (subsidiary banks) act, 1959 (38 of 1959); (iii) any co-operative bank or land mortgage bank; (iv) any primary agricultural credit society as defined in clause (cii) of section 2 of the reserve bank of india act, 1934 (2 of 1934), or any primary credit society as defined ..... in these two writ petitions, the constitutional validity of section 40a(3) and (4) of the income-tax act, 1961 (hereinafterreferred to as 'the act'), has been questioned on two grounds: (1) that it is ultra vires the powers of parliament under entry 82, list i of the seventh schedule to the constitution ; and (2) that it violates the fundamental right guaranteed under article 19(1)(g) of the constitution. ..... , trivandrum; '(xiii) the state industrial and investment corporation of maharashtra ltd. .....

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Apr 18 2002 (HC)

American Express International Banking Corpn. Vs. I.S. Nigam

Court : Mumbai

Reported in : [2002]123TAXMAN255(Bom)

..... the facts leading to this petition are as follows :the petitioner is a company having a licence to carry on banking business in india under section 22 of the banking regulation act, 1949. ..... sub-section (1), the appellate tribunal refuses to state the case on the ground that no question of law arises, the assessee or the commissioner, as the case may be, may, within six months from the date on which he is served with notice of such refusal, apply to the high court, and the high court may, if it is not satisfied with the correctness of the decision of the appellate tribunal, require the appellate tribunal to state the case and to refer it, and on receipt of any such requisition, the appellate tribunal shall state the case and ..... whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the past assessments having been made on the footing that the interest accruing on securities upto the date of purchase, having been allowed as revenue expenditure, this should be continued notwithstanding that the karnataka high court in the case of vijaya bank ltd. ..... that apart as held by the apex court in state of maharashtra v. .....

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Oct 15 2015 (HC)

Coimbatore District Central Co-operative Bank Ltd. Vs. Income-tax Offi ...

Court : Chennai

..... by a branch of the banking company or the co-operative society or the public company, as the case may be; [provided further that the amount referred to in the first proviso shall be computed with reference to the income credited or paid by the banking company or the co-operative society or the public company, as the case may be, where such banking company or the co-operative society or the public company has adopted core banking solutions;] (ii)** ** **; (ii) to such income credited or paid to (a) any banking company to which the banking regulation act, 1949 (10 of 1949), applies, or any co-operative society engaged in carrying on the business of banking (including a co-operative land mortgage bank), or (b) any financial ..... . (iv) the reason perhaps as to why the benefit was sought to be extended to the deposits made in co-operative societies carrying on the business of banking was that the colonial acts, namely, the co-operative societies act, 1912 and the multi-unit co-operative societies act, 1942 were debated after india attained independence and a co-operative movement was already at the dawn in the state of maharashtra where sugarcane was grown to a large extent .....

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Mar 31 2016 (HC)

The Chief Controlling Revenue Authority and Another Vs. M/s. Reliance ...

Court : Mumbai

..... , (iv) every order made by the high court under section 394 of the companies act, 1956 (in respect of amalgamation or reconstruction of companies, and every order made by the reserve bank of india under section 44a of the banking regulation act, 1949 in respect of amalgamation or reconstruction of banking companies); by which property, whether movable or immovable, or any estate or interest in any property is transferred to, or vested in, any other person, inter vivos, and which is not otherwise specifically provided for by schedule i, note : sub section 2(g)(iv) was introduced by maharashtra act 17 of 1993 with effect from ..... 1.4.1003 section 2(i) : executed and execution used with reference to instruments mean signed and signature , [explanation - the terms signed .....

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Oct 20 1976 (HC)

Sudarshan Finance Corporation and ors. Vs. the State of Madh. Pradesh

Court : Madhya Pradesh

Reported in : AIR1977MP74; 1977MPLJ74

..... this concept is followed in section 5(b) of the banking regulation act, 1949, where 'banking' has been defined thus:--' 'banking' means accepting, for the purpose of lending or investment, of deposits of money from the public, repayable on demand or otherwise, and withdrawable by cheque, draft, order or otherwise.'11. ..... it was contended for the petitioner that since chit fund schemes have not been directly and explicitly covered under any of the entries in the three lists in the 7th schedule to the constitution, the residuary entry 97 of the union list is attracted, so that the legislative power lies in the union legislature exclusively. ..... it was pointed out that in other states, the enactments have only 'regulated' chit fund business; for instance, madras chit funds act, 1961, andhra pradesh chit funds act, 1971; goa, daman and diu chit funds act, 1973; maharashtra chit funds act, 1974; kerala chitties act, 1975; and u. p. ..... it is at once remark-worthy that, on the one hand, the petitioners allege want of legislative competence in the state legislature, on the other hand, in the same breath, they rely on madras, kerala, maharashtra and u. p. .....

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