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Judgment Search Results Home > Cases Phrase: central provinces laws act 1875 section 3 certain enactments to be deemed to be in force Sorted by: recent Court: chennai Page 1 of about 14 results (0.205 seconds)

Apr 24 1959 (HC)

Shanmugha Oil Mill, Erode Vs. Coimbatore Market Committee and anr.

Court : Chennai

Reported in : AIR1960Mad160

..... section 80-a(3) enacted that the local legislature of any province might not, without the previous sanction of the governor general, make any law imposing any new tax unless the tax is a tax scheduled as exempted from this provision by rules made thereunder.section 45-a of the act enables provision being made by rules under the act for the classification of subjects, in relation to the function of government, as central ..... notified area at such rates as the state government may determine, and till such rates are determined the rates mentioned in the specified schedule to the act are to be adopted.section 12 enacts that all moneys received by a market committee shall be paid into a fund to be called "the market committee fund", that all expenditure incurred by the market committee under ..... court held that where an assessment consisted of a single undivided sum in respect of the totality of the property treated as assessable, the wrongful inclusion in it of certain items of property which by virtue of a provision of law were expressly exempted from taxation, rendered the assessment invalid in toto.in the present case it will not be possible to dissociate the portion of the fee collected for ..... act before it was amended by this act shall be deemed always to have been levied under the principal act as amended by this act as if this act was in force ..... black, (1875) 6 pc 272, a question arose as to whether the provincial legislature new brunswick had power to make law so as to impose taxes in .....

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Mar 01 2017 (HC)

M/s. JKM Graphics Solutions Private Limited, Rep. by S. Ravi, Director ...

Court : Chennai

..... refund shall be granted to any dealer in respect of any purchase made, unless the claimant dealer produces a tax invoice containing a certificate that the registration certificate of the selling dealer was in force on the date of sale by him and the due tax, if any, payable on the sale has been paid or shall be paid and unless such certificate is signed by the selling dealer ..... a fact by the tribunal that there was no inkling of evidence to show that the transactions related to sales or purchases, it was certainly for the department which relies on the slips for including the amounts mentioned therein in the taxable turnover to establish that the said transactions ..... such or used in the manufacture of other goods and sold in the course of inter-state trade or commerce falling under sub-section (2) of section 8 of the central sales tax act, 1956. ..... period of limitation for assessment or re-assessment under this section, the time during which any appeal or proceeding in respect of any assessment or re-assessment of the same or part of the turnover made under any other enactment was pending before any appellate or revisional authority or the ..... commercial taxes department - finalization of assessments representations received from large number of dealers citing violation of law and principles of natural justice - instructions - issued ref: principal secretary/commissioner of commercial taxes circular ..... that in terms of section 22(2) of the act, the assessment made is a deemed in which there .....

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Feb 01 2017 (HC)

K.N. Palaniappan, Sole Proprietor of M/s. Alenke PL Industries Vs. V. ...

Court : Chennai

..... the state of tamil nadu, represented by the secretary, home department (accommodation controller) and others1 held, on a consideration of the language employed in section 10 (3)(a)(iii) of the tamil nadu buildings (lease and rent control) act of 1960 that while literal construction placed by the honourable judges of this court does not commend itself to them the other view appears to be reasonable and that they think so because "carrying on a business" may consist of a ..... take a case where a landlord for some oblique reason wishes to get rid of his tenant from a non-residential building of the category mentioned in section 10(3)(a)(iii) and to achieve his aim fakes to start money-lending business (for which indeed no specified separate portion in a building may be needed) in a building not belonging to him and to create evidence even actually lends money to ..... that is the object of enacting clause (e) of section 10(3) of the act. ..... m/s.c.k.c.m.kader shah and brothers, it was held that in order to obtain possession under section 10(3)(a)(iii) of the act, the landlord must show that he is carrying on his business in a rented premises on the date of filing of the petition. ..... in the context of rent control law which is enacted for the purpose of giving protection to tenants against unreasonable evictions and for the purpose of making equitable distribution of buildings amongst persons who are in need of them in order to prove that his claim is bona fide a .....

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Feb 01 2017 (HC)

The Assistant Director, Directorate of Enforcement, Govt. of India, Mi ...

Court : Chennai

..... .56 of fera, 1973, deals with offences and prosecutions (1) without prejudice to any award of penalty by the adjudicating officer under this act, if any person contravenes any of the provisions of this act other than section 13, clause (a) of sub-section (1) of section 18, section 18a, clause (a) of sub-section (1) of section 19, sub-section (2)of section 44 and sections 57 and 58, or of any rule, direction or order made thereunder he shall, upon conviction by a court, be punishable-- (i) in the case of an offence the amount or value involved in which exceeds one lakh of rupees, with imprisonment for ..... (5) nothing in this section shall be deemed to prevent a person from buying from any post office, in accordance with any law or rules made thereunder for the time being in force, any foreign exchange in the form of postal orders or money orders. ..... director of enforcement; or (b) any officer authorized in writing in this behalf by the director of enforcement or the central government; or (c) any officer of the reserve bank authorised by the reserve bank by a general of special order: provided that where any such offence is the contravention of any of the provisions of this act or of any rule, direction or order made thereunder which prohibits the doing of an act without permission, no such complaint shall be made unless the person accused of the offence has ..... burden of proof in certain cases. ..... sec.72 of fera, 1973, deals with presumption as to documents in certain cases . .....

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Feb 01 2017 (HC)

The Assistant Director, Directorate of Enforcement, Govt. of India, Mi ...

Court : Chennai

..... .56 of fera, 1973, deals with offences and prosecutions (1) without prejudice to any award of penalty by the adjudicating officer under this act, if any person contravenes any of the provisions of this act other than section 13, clause (a) of sub-section (1) of section 18, section 18a, clause (a) of sub-section (1) of section 19, sub-section (2)of section 44 and sections 57 and 58, or of any rule, direction or order made thereunder he shall, upon conviction by a court, be punishable-- (i) in the case of an offence the amount or value involved in which exceeds one lakh of rupees, with imprisonment for ..... 5) nothing in this section shall be deemed to prevent a person from buying from any post office, in accordance with any law or rules made thereunder for the time being in force, any foreign exchange in the form of postal orders or money orders. ..... director of enforcement; or (b) any officer authorized in writing in this behalf by the director of enforcement or the central government; or (c) any officer of the reserve bank authorised by the reserve bank by a general of special order: provided that where any such offence is the contravention of any of the provisions of this act or of any rule, direction or order made thereunder which prohibits the doing of an act without permission, no such complaint shall be made unless the person accused of the offence has ..... burden of proof in certain cases. ..... sec.72 of fera, 1973, deals with presumption as to documents in certain cases . .....

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Feb 01 2017 (HC)

N. Sasikala Vs. The Assistant Director, Enforcement Directorate, Gover ...

Court : Chennai

..... (5) nothing in this section shall be deemed to prevent a person from buying from any post office, in accordance with any law or rules made thereunder for the time being in force, any foreign exchange in the form of postal ..... -the director of enforcement or any other officer of enforcement authorised in this behalf by the central government, by general or special order, may, during the course of any investigation or proceeding under this act, (a) require any person to produce or deliver any document relevant to the investigation or proceeding; (b) examine any person acquainted with the facts and circumstances of ..... complaint under sections 8(1), 9(1)(c) and 9(1)(a) of the foreign exchange regulation act, 1973, punishable under section 56(1)(i) of foreign exchange regulation act, 1973 before the additional chief metropolitan magistrate (e.o.i), egmore, chennai stating that the accused company, who were telecasting under logo j.j tv had hired transponder abroad for their telecast and payments made abroad for the same without getting permission of the rbi and during search, certain incriminating documents were ..... recovered and after examination of the witnesses, charges were framed against the accused and the present petitioner/a3 filed a petition under section 245(1) cr.p.c. .....

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Jan 31 2017 (HC)

M/s. ALM Enterprises No.134/63, Royapuram, Chennai, by its authorized ...

Court : Chennai

..... the learned senior counsel had contended that sub-section (1) of section 125 of the act has contained two distinct limbs, the first limb vests the adjudicating authority with a discretion to provide for redemption fine in case of importation of the goods which are prohibited under the act or any other law for the time being in force while the second limb sets out that in case of any other goods he shall provide an option ..... deal with these submissions it would be appropriate to notice various provisions of the customs act, 1962, which was enacted with a view to consolidate and amend the law relating to customs as the experience has shown that the provisions of sea customs act, though were substantially amended by the sea customs (amendment act) 1955 could not effectively provide for dealing with all aspects relating to imports of ..... case, if the person from whose custody the goods have been seized, if he is not issued with the show cause notice under section 124 of the act within the period of six months prescribed by sub-section (2) of section 110, such a person can seek release of such goods, but certainly not in cases where the goods have not yet been cleared for home consumption. ..... in the instant case, the goods are found imported without obtaining the registration certificate from the central drug standard control organization and therefore, it is found that the importer did not possess necessary permission/registration certificate from the competent authority under the drugs .....

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Jan 23 2017 (HC)

M/s. India Cements Investments Services Limited, Represented by its As ...

Court : Chennai

..... , notwithstanding the fact that on the side of the appellant, a plea is taken that clause 1.3.10 of risk disclosure document speaks of the signing of statement of accounts to the respondent/accused and not to the company law board, this court opines that since ex.p4 - statement of accounts does not contain the signature of the respondent/accused with date original account book to support the entries found therein and ought to have been ..... earlier, the trial court, in its judgment in s.t.c.no.823 of 2010 dated 27.12.2012, had, inter alia, observed that for the 'legally enforceable debt' as seen under section 138 of the negotiable instruments act, the respondent/accused had issued ex.p5 to p7 - cheques and when they were deposited in the bank account, the said cheques were dishonoured owing to insufficient funds and when a notice was issued ..... falls within any one of the forms of business covered by section 6(1) of the banking regulation act, 1949, it would certainly be a business activity undertaken by the bank. ..... or tried and otherwise dealt with the provisions of the code, subject to any other enactment which contemplates a different mode of trial for such offence. ..... contained in any other law for the time being in force, contracts in derivative shall be legal and valid if such contracts are- (a) traded on a recognised stock exchange; (b) settled on the clearing house of the recognised stock exchange, in accordance with the rules and bye-laws of such stock exchange.] ..... the central board .....

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Jan 12 2017 (HC)

M.s. Jaffar Sait, Formerly Additional Director General of Police Intel ...

Court : Chennai

..... tampering with evidence or influencing the process of enquiry or investigation and in spite of the remote chance of commencing the criminal proceedings in the near future, on account of the orders passed by the central government, declining sanction for prosecution and the pendency of related writ petitions filed by the state government challenging the correctness of those orders, besides the writ proceedings challenging the issuance of summons by the criminal ..... the government recommended for the continuation of suspension originally on the ground of pendency of investigation and subsequently on various grounds like pendency of the matter with the central government for sanction of prosecution, initiation of writ petitions by the state challenging denial of sanction to prosecute the petitioner and pendency of various original applications before the ..... according to the learned assistant solicitor general, the file relating to the petitioner was produced before the central government and it did not disclose criminality and as such, the request made by the state government for grant of sanction ..... that sanction for prosecution has to be obtained under section 19 of the prevention of corruption act from the competent authority, no such sanction was taken ..... central government in those orders denying sanction is therefore binding on the disciplinary authority, until the orders are set aside in the manner known to law ..... of criminal case is still in force and the writ petitions are pending .....

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Nov 22 2016 (HC)

Rajendran Vs. Vallimayil (Died) and Others

Court : Chennai Madurai

..... at the time of admitting the second appeals the only question of law framed is as follows: whether it is correct in law to exempt the plaintiffs' building from the provisions of the rent control act under section 30 (i) of the tamil nadu buildings (lease and rent control) act, 1960 without any pleading or proof as to the compliance of the condition of notifying to the local authority of the construction of the new building to claim such exemption? 4. ..... the relevant portion is as follows: it is a well settled rule of interpretation that where there are two expressions which might have been used to convey a certain intention, but one of those expressions will convey that intention more clearly than the other, it is proper to conclude that, if the legislature used that one of the two expressions which would convey the intention ..... it is not within the province or jurisdiction of the court to effect any change in the phraseology adopted by the legislature; and (e) finally, on the basis of his submission on the interpretation of section 30(i) of the act, the learned counsel for the appellant submitted that if the landlord does not notify the completion of the building, it means that he has impliedly waived his right to get the benefit of section 30(i) of the act. .....

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