Judgment Search Results Home > Cases Phrase: banking regulation act 1949 maharashtra section 6 forms of business in which banking companies may engage Court: kolkata Page 1 of about 9 results (0.175 seconds)

State Bank of India (Overseas Branch) and anr. Vs. Commercial Tax Offi ...

Court : Kolkata

Reported in : [2003]132STC234(Cal)

..... ghosh submitted that notwithstanding the provisions of section 6 thereof, which dealt with the forms of business in which banking companies may engage, section 8 prohibited a banking company from directly or indirectly dealing in the buying or selling or bartering of goods except in connection with the realisation of security given to or held by it, or engage in any trade, or buy or sell or barter goods for others, otherwise than in connection with bills of exchange received for collection or negotiation or with such part of its business as is referred to in clause (i) of sub-section (1) of section 6 of the said act.27. mr. ..... commercial tax officer, reported in : ilr1996kar810 , wherein the aforesaid provisions of the banking (regulation) act, 1949, fell for consideration along with the relevant provisions of the karnataka sales tax act, 1957. ..... ghosh urged that the court will have to consider whether a bank which is covered by the provisions of the banking (regulation) act, 1949, can at all be said to be a dealer for the purposes of the sales tax statute. ..... reference was also made to a decision of the bombay high court in commissioner of sales tax, maharashtra state, bombay v. .....

Ballygunge Siksha Samity and ors. Vs. Ms. Susmita Basu and ors.

Court : Kolkata

Reported in : (2000)2CALLT484(HC),2000(1)CHN635

..... wherein the multi-stale co-operative bank registered under the maharashtra co-operative societies act, 1960, was held not to be a 'state' within the meaning of article 12 of the constitution, though it was governed by the banking regulation act, 1949, and performed public functions. mr ..... it could be a statutory corporation created by a statute or it may be a government company or a company formed under the companies act or it may be a society registered under the societies registration act--whatever he its genetical origin it would be an 'authority' within the meaning of article 12 if it was an instrumentality or agency of the government with the government exercising deep and pervasive control over its ..... holding that the conditions imposed under section 10 was a permissible regulation which in no way detracted from the fundamental right guaranteed to minority institutions under article 30(1) of the constitution to administer their educational institution, the hon'ble supreme court was of the view that to the extent that section 12 made section 10 inapplicable to unaided minority institutions, it was clearly discriminatory ..... pal also referred to rule 8 of the said rules which empowers the executive committee constituted under clause (a) of section 18 of the west bengal board of secondary education act, 1963 to approve and/or supersede a managingcommittee of a school and to appoint an administrator or an ad-hoc committee to exercise the powers and perform the functions of the .....

income-tax Officer Vs. Kenaram Saha and Subhash Saha and

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2008)301ITR171(Kol.)

..... -for the purposes of this clause and clause (h), the term 'bank' means any bank, banking company or society referred to in sub-clauses (i) to (iv) of clause (a) and includes any bank [not being a banking company as defined in clause (c) of section 5 of the banking regulation act, 1949 (10 of 1949)], whether incorporated or not, which is established outside india ; (e) where the payment is made by way of adjustment against the amount of any liability incurred by the payee for any goods supplied or services rendered by the assessee to such payee ; (ii) the produce of animal ..... tulsiyan, the advocate and stated that the producer can be a small concern, it can be a big concern also which may engage in the business of producing as well as trading of hides and skins. ..... , trivandrum ; (xiii) the state industrial and investment corporation of maharashtra ltd. ..... but black's law dictionary, eighth edition gives the meaning of the word "profit" as under: it is needless to point out that bona fide business expenditure cannot but form part of the profits and gains of business or profession. .....

Asoke Kumar Mitra Vs. State of West Bengal and anr.

Court : Kolkata

Reported in : 1994CriLJ2682

..... state of maharashtra, 1987 cri lj 385, which held as follows :--section 46a, banking regulation act, 1949 lays down that a chairman, director, manager and other employees of a banking company 'shall be deemed to be a public servant for the purposes of chapter ix, penal code'. ..... :until the first board of directors is appointed by the central government under sub-section (3), the general superintendence, direction and management of the affairs and business of a corresponding new bank shall vest in a custodian, who shall be the chief executive officer of that bank and may exercise all powers and do all acts and things as may be exercised or done by that bank.the custodian of a corresponding new bank could clearly, therefore, function till the appointment of the first board of directors in terms of the ..... it would be pertinent in this context to refer to section 5 of the code of criminal procedure 1973 which provides that the special act overrides the general law, which runs as follows :nothing contained in this code shall in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.the special court .....

Chanda Engineers (India) Ltd. and anr. Vs. U.C.O. Bank

Court : Kolkata

Reported in : AIR2005Cal28,[2005]125CompCas708(Cal)

..... matter) the supreme court held that circular/direction issued by the reserve bank of india under sections 21 and 35 of the banking regulation act, 1949 regarding interest with periodical rates chargeable by the banks from the borrowers are based on a rational policy having statutory force and bank is bound to follow them unless declared to be illegal and unreasonable. ..... judges bench of the supreme court again categorically held that the circulars issued by the reserve bank of india under sections 21 or 35 of the banking regulation act, 1949 are statutory in nature and are required to be complied by the banks is not in any doubt. ..... in exercise of supervisory jurisdiction, the high court may not only quash or set aside the impugned proceedings, judgment or order but it may also make such directions as the facts and circumstances of the case may warrant, may be, by way of guiding the inferior court or tribunal as to the manner in which it would now proceed further or afresh as commended to or guided by ..... but since when various tribunals either by way of constitutional amendment or under the respective statutes are formed and also revisional jurisdictions are curtailed by way of amendment of the code of civil procedure particularly in respect of the interlocutory matters, number of applications under article 227 of the constitution of ..... bank of maharashtra) it was held that language of the guidelines covers those cases which are ' ..... bank proposed the properties could be sold to a company .....

Swapan Kumar Chakravorti Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 1995CriLJ3090

..... the accused persons therein were charged under section 341 of the ipc, read with section 35ad of the banking regulation act, 1949 for an offence allegedly committed by them on the 31st october ..... the above principle, the high court should have dismissed the appeal before it even if it disagreed with the view taken by the trial court with regard to the gist of the offence punishable under section 341, of l.p.c, having regard to the inordinate delay nearly six years that has ensured after the judgement of acquittal the nature and magnitude of the offences alleged to have been committed by the appellants ..... unequivocal and categorical observations :- (para 3)'we are of the view that having regard to the nature of the acts alleged to have been committed by the appellants and other attendant circumstances, this was a case in which the high court should have directed the dropping of the proceeding in exercise of its inherent power under section 482 criminal procedure code, even if for some reason it came to the conclusion that the acquittal was wrong. ..... uma shankar kothiwal, reported in : 1981crilj159 , reiterated :'it may well be that the respondents themselves were responsible in a large measure for the slow pace of the case inasmuch as quite a few orders made by the trial magistrate were challenged in higher courts, but then there has to be a limit to the period for which criminal litigiation is allowed to go on at the trial stage'.14. ..... the court in state of maharashtra v. ..... maharashtra v .....

Mihir Kumar Ghosh Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (1990)2CALLT48(HC)

..... read with section 35ad of the banking regulation act, 1949 for an offence allegedly committed by them on the 31st of october, 1977. ..... following the above principle the high court should have dismissed the appeal before it even if it disagreed with the view taken by the trial court with regard to the gist of the offence punishable under section 341, indian penal code, having regard to the inordinate delay of nearly six years that had ensued after the judgment of acquittal, the nature and magnitude of the offences alleged to have been committed by the ..... of united states provided as follows :-'in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favour, and ..... uma shankar kotriwal reported in : 1981crilj159 the supreme court reiterated:-'it may well be that the respondents themselves were responsible in a large measure for the slow pace of the case inasmuch as quite a few orders made by the trial magistrate were challenged in higher courts, but then there has to be a limit to the period for which criminal litigation is allowed to go on at the trial stage.'11. ..... speaking for the court in state of maharashtra v. .....

Yashdeep Trexim Vs. Board for Industrial and Financial Reconstruction ...

Court : Kolkata Appellate

..... company, appearing in the reserve bank of india act [section 45-i(aa)], the banking regulation act [section 5(d)], and the payment of bonus act [section ..... company', 'existing company', 'private company' and 'public company' shall, subject to the provisions of subsection (2), have the meanings specified below - (i) 'company' means a company formed and registered under this act or an existing company as defined in clause (ii); ii) "existing company" means a company formed and registered under any of the previous companies laws specified below (a) any act or acts relating to companies in force before the indian companies act, 1866 and repealed by that act; (b) the indian companies act, 1866; (c) the indian companies act, 1882; (d) the indian companies act ..... company which was carrying on business in india upon ceasing to carry on business would be liable to be wound up as an unregistered company under part x of the companies act, notwithstanding that such foreign company might have been dissolved or otherwise ceased to exist in terms of the laws of the country under which ..... relied on to contend that the decision of a tribunal which lacks inherent jurisdiction over the subject matter of dispute or reference is a nullity, going to the root of the matter and invalidity thereof may be set up whenever and wherever it is sought to ..... in section 64 of the maharashtra university of health sciences act, 1998 ..... bonus act, nothing therein shall apply to employees employed by an establishment engaged ..... 1949 .....

Reserve Bank of India and ors. Vs. R.N. Dutt and Sons and ors.

Court : Kolkata

Reported in : AIR1975Cal48

..... controversy, whether the impugned order is an order which is required to be passed quasi-judicially or is an order of administrative nature and whether it was open for the court to examine the grounds of the revocation of the licence or exercise of the power by the reserve bank of india under section 3 (2) (iii) of the foreign exchange regulation act, 1947, has been raised. ..... 1973]3scr22 the supreme court was dealing with a case under the industries (development and regulation) act, 1951 and the question was where a textile mill was taken over in exercise of the power under section 18-a of the industries (development and regulation) act, 1951, whether the company was entitled to get a hearing and be furnished with the report of the investigating ..... petitioner was that tokchas had been maintained for a long time and the reserve bank had never objected to this and furthermore since drawings were made for personal use out of the transactions standing to the credit of the petitioner's business at dum dum airport, the petitioner's account were also shown in the cash ..... his dealings in foreign exchange complywith such general or special directions or instructions as the reserve bank may from time to time think fit to give, and, except with the previous permission of the reserve bank, an authorised dealer shall not engage in any transaction involving any foreign exchange which is not in conformity with the terms of his authorisation under this section. ..... the case of (state of maharashtra v. .....

Shaik Md. Omer Vs. the Collector of Customs and ors.

Court : Kolkata

Reported in : AIR1967Cal16

..... kohli collector of excise, madhya pradesh, air 1962 sc 1569, the supreme court was consideringsection 8 of the foreign exchange regulation act 1947 read with sections 23 and 23a and section 167(8) of the sea customs act, 1878 which involved confiscation of gold imported without the permission of the reserve bank, or without conforming with the restrictions imposed by it. ..... mayer hans george : [1965]1scr123 the court was considering section 8(1) of the foreign exchange regulation act 1947 which prohibited the bringing of gold etc. ..... gorai argues that under section 8 of the foreign exchange regulation act, 1947 the central government may impose a restriction by notification and under section 23a such restrictions will be deemed to be imposed under section 11 of the said act, and so a notification under section 8 of the foreign exchange regulation act, 1947 would be deemed to be a notification under section 11(1) of the said act. ..... in the said order it was held that the importation was as a result of a business dealing and it was not the case of the importation of a 'pet animal' by a passenger which would be covered by the exemption granted by the baggage rules. ..... in the supreme court decision, state of maharashtra v. ..... he states that the said baggage declaration form was returned to the appellant with an endorsement dated january 12, 1965, as follows:'it is not a case of unaccompanied baggage. .....