Judgment Search Results Home > Cases Phrase: banking service commission act 1984 repealed Court: mumbai Page 1 of about 937 results (0.127 seconds)

Director of Income Tax (International Taxation Vs. M/s. Mahindra and M ...

Court : Mumbai

..... (d) the services rendered by the lead managers were in the nature of financial/ banking services and were not technical services. ..... referred to in subsection (1a) of section 192, being an employer, does not deduct, or does not pay, or after so deducting fails to pay, the whole or any part of the tax, as required by or under this act, then, such person, shall, without prejudice to any other consequences which he may incur, be deemed to be an assessee in default in respect of such tax: [provided that any person, including the principal officer of a company, who fails to ..... provides that in consideration of the agreement by the managers to manage the issue of, and to subscribe for, the notes, the company shall pay to goldman sachs (asia) llc a combined management and underwriting commission of 1% of the aggregate principal amount of notes and further 1.50% as selling concession. 4. ..... the lead manager had deducted and retained their commission from the subscription money and only the net amount was remitted to india. ..... it provides that management and underwriting commission was to be paid at 1.5% of the issue price and selling commission at 2% of the issue price ..... 5 of the subscription agreement with the lead managers deals with the commission payable to the lead managers. ..... such details the assessing officer, namely, deputy commissioner of income tax, tds circle, mumbai1, observed that m/s banque paribas was paid a sum of rs.8,21,00,838/- as marketing, underwriting commission and selling commission. .....

Hdfc Bank Ltd. and anr. Vs. Kishore K. Mehta and ors.

Court : Mumbai

Reported in : 2008(6)BomCR340

..... provides that the provisions of rd act or rules made thereunder shall be in addition to, and not in derogation of the industrial finance corporation act, 1948, the state financial corporations act, 1951, the unit trust of india act, 1963, the industrial reconstruction bank of india act, 1984, the sick industrial companies (special provisions) act, 1985 and the small industries development bank of india act, 1989.34. ..... to pay the same or to furnish security for the payment of such amount to the satisfaction of the creditor or his agent;(d) specify for its compliance a period of not less than one month after its service on the debtor or, if it is to be served on a debtor residing, whether permanently or temporarily, outside india, such period (being not less than one month) as may be specified by the order of the ..... the said items include issuance of summons, enforcing the attendance of any person before the tribunal, requiring the discovery and production of documents, receiving evidence on affidavits, issuance of commissions, setting aside of the order of dismissal for default, or order for ex parte proceedings and reviewing its decisions. ..... section 9(1) of the insolvency act enumerates the acts of insolvency on the part of a debtor and provides that on commission of such insolvency act or acts by a debtor, a notice in terms of sub-section (3) of section 9 can be issued and served upon him by his creditor provided that the latter is armed with a decree or order for payment of money .....

Deepak Cochhar and anr. Vs. Indusind Bank Ltd.

Court : Mumbai

Reported in : 2006(3)BomCR520; 2006(4)MhLj194

..... (2) the provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984) and the sick industrial companies (special provisions) act, 1985 (1 of 1986).the provisions of section 34(1) clearly state that the rdb act overrides other laws to the extent of ' ..... this aspect is fortified if a reference is made to sub-section (1) of section 9- a under which the debtor was entitled to move the court upon the service of the insolvency notice explaining that his counter claim or set off which was at least equal to the decretal amount could not be lawfully set up in the suit or proceeding in which the decree or order ..... 51 provides that the insolvency of a debtor shall be deemed to have relation back to and to commence at the time of the commission of the act of insolvency on which an order of adjudication is made against him.by relying upon each of the aforesaid judgments, the learned counsel for the judgment creditor has submitted that the nature of insolvency proceedings is totally different and ..... even so, a conscious departure was made while framing the language of the amendment in words which make a provision for the service of an insolvency notice 'in respect of a decree or an order for the payment of any amount due' to the .....

Hill Properties Ltd. the Companies Act, 1956 Vs. Union Bank of India U ...

Court : Mumbai

Reported in : 2009(111)BomLR4550

..... act or the rules made there under shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporation act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act,1984 (62 of 1984), the sick industrial companies (special provision) act, 1985 (1 of 1986) and the small industries development bank of india act ..... the correctness of the decision of the debt recovery tribunal.the learned counsel has also taken us through the statement of objects and reasons of the rdb act 1993 and the amendment act of 1991 and placed reliance on the judgment in allahabad bank (supra) to contend that the jurisdiction of the civil court is clearly excluded.it is next submitted that the arguments advanced on behalf of the plaintiffs ..... other court or authority much less the civil court or the company court can go into the said questions relating to the liability and the recovery except as provided in the act.thus the adjudication of liability and the recovery of the amount by execution of certificate are respectively within the exclusive jurisdiction of the tribunal and the recovery officer and no other court ..... (3) the claimant or objector must adduce evidence to show that(a) (in the case of immovable property) as the date of the service of the notice issued under this schedule to pay the arrears, or(b) (in the case of movable property) at the date of the attachment, he had some .....

Bank of India Vs. Harshadrai Odhavji Mody and Central Bank of India

Court : Mumbai

Reported in : AIR2002Bom449; 2002(3)ALLMR1; 2002(5)BomCR228; [2003]115CompCas86(Bom); 2002(3)MhLj723

..... this act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporation act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984) and the sick industrial companies (special provisions) act, 1985 (1 of 1986) and the small industries development bank of india act, 1989 ..... act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984) and the sick industrial companies (special provisions) act, 1985 (1 of 1986) and the small industrial development bank of india act, ..... recovery officer and no other court or authority much less the civil court or the company court can go into the said questions relating to the liability and the recovery except as provided in the act'the supreme court has further observed that all such applications including application for execution shall stand transferred to the tribunal and will have to be disposed of in the same manner as applications under section ..... producible as evidence; (iii) the reception of evidence on affidavits; (iv) the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source; (v) issuing of any commission for the examination of any witness; and (vi) any other matter which may be prescribed. ..... service ..... services .....

Indian Airports Employees Union Vs. Air India and ors.

Court : Mumbai

Reported in : [1996(73)FLR1763]; (1997)ILLJ1027Bom

..... banking service commission ..... formal notification dated march 2, 1993, reading thus, was issued :- 'in exercise of the powers conferred by sub-section (1) of section 10 of the contract labour (regulation and abolition) act, 1970 (37 of 1970), the central government, after consultation with the central advisory contract labour board, and after having due regard to the conditions of work and benefits provided for contract ..... was to study the working of contract labour system in the establishment in respect of which the central government has become the appropriate government after the amendment of the act in 1986, keeping in view the provisions of section 10 of the act and to make suitable recommendations as to whether employment of contract labour in sweeping, cleaning, dusting and watching of buildings, owned or occupied by the above establishments, ..... ) of the establishments of air india, indian airlines and international airport authority of india :- (i) after the receipt of the report of the committee constituted under section 5 of the act and the board decision, a direction was given to discuss the matter with the representatives of the international airport authority of india which also gave a note. ..... the decision of the high court was challenged before the apex court on the principal ground that after the commencement of the act, it is only the appropriate government which can abolish the contract labour system after consulting the central board or the state board as the case may .....

Indian Airports Employees Union Vs. Air India and ors.

Court : Mumbai

Reported in : 1996(3)BomCR612

..... banking service commission ..... formal notification dated march 2, 1993, reading thus, was issued :- 'in exercise of the powers conferred by sub-section (1) of section 10 of the contract labour (regulation and abolition) act, 1970 (37 of 1970), the central government, after consultation with the central advisory contract labour board, and after having due regard to the conditions of work and benefits provided for contract ..... was to study the working of contract labour system in the establishment in respect of which the central government has become the appropriate government after the amendments of the act in 1986, keeping in view the provisions of section 10 of the act and to make suitable recommendations as to whether employment of contract labour in sweeping, cleaning, dusting and watching of buildings, owned or occupied by the above establishments, ..... of the establishments of air india, indian airlines and international airport authority of india :- (i) after the receipt of the report of the committee constituted under section 5 of the act and the board decision, a direction was given to discuss the matter with the representatives of the international airport authority of india which also gave a note. ..... the decision of the high court was challenged before the apex court on the principal ground that after the commencement of the act, it is only the appropriate government which can abolish the contract labour system after consulting the central board or the state board, as the case may .....

Narendra Kantilal Shah Vs. Joint Registrar, Co-operative Societies (Ap ...

Court : Mumbai

Reported in : AIR2004Bom166; 2004(1)ALLMR798; II(2004)BC585; 2004(1)BomCR707; 2004(1)MhLj704

..... be a addition to, and nor in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporation act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984) (the sick industrial companies (special provisions) act, 1985 (1 of 1986) and the small industries development bank of india act, 1989 (39 of 1989).section 34, thus, gives over-riding effect to the provisions of the 1993 act on any other law for the time being in force. ..... advanced by it to any of its members on account of the financing of crop or seasonal finance (or for other agricultural purposes as aforesaid) or by a crop-protection society for the recovery of the arrears of the initial cost or of any contribution for obtaining services required for crop-protection which may be due from its members or other owners of lands included in the proposal (who may have refused to become members) or by a lift irrigation society for the recovery of arrears of any ..... (vi) that insofar as the provisions of section 74 of multi-state cooperative societies act, 1984 are concerned, they were stayed by this court and they were not in force till that act was repealed by 2002 act.6. .....

Shri Balasaheb Chandrarao More and ors. Vs. Shri Suresh Kisanrao Porje ...

Court : Mumbai

Reported in : 2009(1)BomCR795

..... it was further submitted that all the appointments of agricultural officers made between 1.5.1981 to 4.8.1983 and 5.8.1983 to 31.12.1984 are in violation of (i) maharashtra public service commission (exemption from consultation) regulation,1965; (ii) recruitment rules of 1980 and (iii) recruitment rules of 1983, and therefore, exercise of powers under article 162 of the constitution of india is bad in law, without authority and in violation of articles ..... 755 agricultural officers from the date of their initial appointment, therefore, had adverse effect on the interest of those agricultural officers who were recruited on the recommendations of the maharashtra public service commission because they became junior in the cadre of agricultural officer to those officers, because not only 755 agricultural officers were given seniority above them but 142 of them were even promoted to the higher ..... it is to be noted that at the relevant time, the legislature of maharashtra state had passed an act for constitution of selection board for recommending candidates for appointment in class iii post under the state government as also various other statutory authorities and local ..... further submitted that the government was required to recruit these agricultural officers in view of the extreme urgency and the administrative exigency, more particularly, in view of the projects undertaken with the world bank aid and at the relevant time the candidates selected from the commission were not available. .....

Lockwood Industrial and Transport Services Vs. Victoria Timber Supplyi ...

Court : Mumbai

Reported in : 2009(6)BomCR105; 2010(1)MhLj187

..... 447 has, after considering the provisions of section 3(26) of the bombay general clauses act, 1984 and number of judgments of the apex court and this court, categorically held that the board of trustees of the ..... court on the ground that defendants are trespassers and since defendants had raised a specific plea that they are protected tenants/licensees under the bombay rent act, upon evidence being produced by defendants to that effect, an observation had to be made by the city civil court that they are not trespassers but are tenants. ..... license were only for portion 20 x 20 of the suit premises as deposed by d.w.2 which was admittedly admeasuring 27 1/2 x 23 1/2 and in view of the bombay rent act, licensed premises not less than a room were protected by section 15a, (iv) defendants did not have exclusive possession of the suit premises and (v) defendants had not led cogent and ..... provisions in part ii it seems reasonably clear that the exclusive jurisdiction conferred by section 28 is really dependent on an existing or previous relationship of landlord and tenant and on claims arising under the act as between such parties.apex court also approved the observations made by the bombay high court in the case of govindram salamatrai v. ..... , section 4(4)(a) carves out an exception to this rule and lays down that under certain circumstances the provisions of bombay rent act would still apply in a case where the land belongs to government or local authority, however, a building on the said .....