Court : Andhra Pradesh
..... a session judge, additional sessions judge/s and assistant sessions judge/s for every court of sessions and the definition of district judge in article 236 of constitution of india including the sessions judge is only for a limited purpose of chapter 6 of part vi of the constitution of india and cannot be taken in aid for interpreting the expression here in this context of the lis and reference to the then designation in the cadre of grade ii and grade i of the then ..... ultimately at para 13 that there is no manner of doubt that the special court, although called the special court of judicial magistrate of first class, is also a court of session, and as the court of session has all the powers to act under various provisions of chapter xxxiii of the code of criminal procedure including for entertaining the applications for anticipatory bail under section 438 of code of criminal procedure. ..... the companies act, 1956 12 ..... by the registry later speak that, it was addressed to the metropolitan sessions judge, hyderabad that money laundering act, 2002 - designation of xxi additional chief metropolitan magistrates court nampally, hyderabad as court of session as per the orders issued by the government of andhra pradesh pursuant to the notification issued by the government of india extraordinary part-ii, no.1028, dated 08.05.2013 as the special court for trial of offences in respect of all the cases connected with m/s.satyam computer ..... law (la & j home courts c) department, dated 02.04.2013. .....
Tag this Judgment!Court : Chennai
..... (iii) that no deduction in respect of any payment made to any financial institution shall be allowed unless the assessee furnishes an authorization, in the prescribed form, authorizing the board or any other income-tax authority acting on its behalf, to seek relevant information from the said financial institution; (iv) that no deduction in respect of any other expenditure or allowance (including depreciation) arising from the transaction with a person located in a ..... and in exercise of the powers conferred under section 90 of the income tax act, the central board of direct taxes issued a circular bearing no.682 dated 30.3.1994 clarifying that capital gains of any resident of mauritius by alienation of shares of an indian company shall be taxable only in mauritius according to the tax laws of that country ..... simultaneously, the petitioners have come up with the above writ petitions challenging the validity of section 94-a(1), the notification dated 1.11.2013 and the press release dated 1.11.2013, in view of the fact that so long as these are in force, their claim on the merits may ..... miscellaneous ..... in any other provisions of this act, where any person located in a notified jurisdictional area is entitled to receive any sum or income or amount on which tax is deductible under chapter xvii-b, the tax shall be deducted at the highest of the following rates, namely: (a) at the rate or rates in force; (b) at the rate specified in the relevant provisions of this act; (c) at the rate of thirty .....
Tag this Judgment!Court : Supreme Court of India
..... servant to use his lawful power to the injury or annoyance of a member of a scheduled caste or a scheduled tribe; 3(2)(vi): knowingly or having reason to believe that an offence has been committed under this chapter, causes any evidence of the commission of that offence to disappear with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to ..... itself readily available in the hands of the scheming complainant who on mere asking will get arrested accused on some false allegations of having committed non-bailable offence, under the atrocity act, meaning thereby the court rendering itself quite deaf, dumb and blind mortgaging its commonsense, ordinary prudence with no perception for justice, denying the rightful protection to the accused becoming ready ..... 2016-2017 of the ministry of social justice and empowerment and data compiled by the government of maharashtra for the years 1990 to 2013 (dated 30th april, 2013) in respect of offences registered under scheduled caste and scheduled tribe (prevention of atrocities) act, 1989 and protection of civil rights act, 1955 against maharashtra members of parliament, member of legislative assembly, zill parishad adhyaksha, gramsevak, talathi, b.d.o. ..... of the words used, but also take into consideration the antecedent history of the legislation, its purpose and the mischief it seeks to suppress [vide (1) bengal immunity company limited v. .....
Tag this Judgment!Court : Karnataka Dharwad
..... means, - (i) a financial corporation specified in section 4a of the companies act, 1956 (1 of 1956); (ii) a financial corporation which is a public sector company; (iii) a banking company; (iv) a co-operative bank other than a primary agricultural credit society or a primary co-operative agricultural and rural development bank; (v) a housing finance company; and 20 date of judgment:28. ..... section (2) shall also apply in relation to a case where an assessee claims that no expenditure has been incurred by him in relation to income which does not form part of the total income under this act: provided this section shall empower the assessing officer either to reassess under section 147 or pass an order enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee under section ..... per the direction of assessing authority in terms of rule 8d of the rules with a clear submission made by the assessee that no expenditure deserves to be disallowed in the hands of assessee bank under section 14a of the act r/w rule 8d of the rules but ignoring such factual submissions as well as the provisions of law, the assessing authority has disallowed the said sum and unfortunately the appellate authorities have also casually upheld the ..... the said provision of section 36 (1) (viii) of the act, provides for other deductions in chapter iv relating to computations of business income of the assessee, ..... for assessment years 2011-12 & 2013-14 will be relevant. .....
Tag this Judgment!Court : Supreme Court of India
..... the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub- section shall be deemed to be so released under the provisions of chapter xxxiii for the purposes of that chapter; (b) no magistrate shall authorise 55 detention in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused ..... under this section for a term exceeding fifteen days at a time: 11. ..since, however, even after cognizance is taken of an offence the police has a power to investigate into it further, which can be exercised only in accordance with chapter xii, we see no reason whatsoever why the provisions of section 167 thereof would not apply to a person who comes to be later arrested by the police in course of such investigation ..... , the central government has received information regarding registration of a case fir no.02/2016 dated 11.01.2016 at tandwa ps, district chatra, jharkhand u/s 414, 384, 386, 387, 120b of the indian penal code, sections 25(1-b)(a), 26, 35 of arms act and section 17(1)(2) of criminal law amendment act relating to incidents of extortion/levy collection/money laundering by the maoist cadres in the lwe affected states like jharkhand and bihar. ..... irshad ali alias deepak and others, (2013) 5 scc762 in which case after examining the provisions and elaborating the scheme as delineated by section ..... , (2013) 6 scc348 33. .....
Tag this Judgment!Court : Delhi
..... supra) takes the logic further and holds that notice issued under section 147 of the act in respect of an entity which ceases to exist by virtue of amalgamation order under section 394 of the companies act, would also be illegal and unsustainable. ..... issued by the cit(a)-xxxiii, new delhi, is enclosed by cit which according to him clearly indicated that these companies are bogus and fictitious and only providing accommodation these circumstances, the enhancement proposed under rule 9 report for the assessment year 2007-08 will increase by this sum of ` 3,00,00, ..... section 47 does not appear to fit into the general scheme of chapter xix-a, which has been held to be a self contained code by the supreme court in brij lal ..... post search enquiry by the investigation wing, such bogus companies did not comply with the summons issued to them. ..... of date- wise receipt of bogus share application money received by the assessee group from various 80 companies as appearing on page 22 to 25 of the appraisal report are enclosed. ..... the order in this case was passed on 07.02.2013 by the hon ble commission where in the returned income of the assessee was ..... promoters which had ceased to exist by virtue of order of this court dated 20.02.2013. ..... with effect from 01.04.2012 by order of this court dated 20.02.2013. ..... the submissions made and its appreciation, of other materials found during the cause of search (including the returns filed and its supporting documents), the itsc made its final order on 8th february, 2013. .....
Tag this Judgment!Court : Supreme Court of India
..... the introduction and statement of objects and reasons of the act of 2013 are extracted hereunder: introduction the land acquisition act, la was a general law relating to acquisition of land for public purposes and also for companies and for determining the amount of compensation to be made on account of ..... pradesh2, a two-judge bench, however doubted the decision in sree balaji nagar residents association v state of tamil nadu3 (which had followed pune municipal corporation (supra) and also held that section 24 (2) of the act of 2013 does not exclude any period during which the land acquisition proceeding might have remained stayed on account of stay or injunction granted by any court) and referred the issue to a larger bench. ..... section 2(2) of the act of 2013, provides that in the event of acquisition for private companies, consent of 80% of the affected families has to be obtained and for the public-private partnerships, consent of 70% of the affected families is required to ..... in terms of the agreement as contemplated in chapter vii of the act, the company had delivered possession subject to the terms and ..... position is that pursuant to the notification published under section 4(1) of the land acquisition act, la (for short the act ) in gor no.1392 industries dated 17-10-1962, total extent of 6 acres 41 cents of land in madhavaram village, saidapet taluk, chengalpattu district in tamil nadu was acquired under chapter vii of the act for the manufacture of synthetic rasina by tvl. .....
Tag this Judgment!Court : Supreme Court of India
..... singh case (supra) and in ksl & industries limited (supra), it is worthwhile to note that in the case on hand it was the industrial company (respondent herein) that approached the bifr under the provisions of sica and got it declared as sick company by filing case no.13 of 2010; that it is thereafter that the appellant filed miscellaneous application no.432/2013 thereon praying, inter-alia, to permit it under section 22 of sica to approach a civil court of appropriate jurisdiction for recovery of the above-mentioned ..... code is not to give a new lease of life to debts which are time-barred; (d) that the period of limitation for an application seeking initiation of cirp under section 7 of the code page 33 of 61 is governed by article 137 of the limitation act and is, therefore, three years from the date when right to apply accrues; (e) that the trigger for initiation of cirp by a financial creditor is default on the part of the corporate debtor, that is to say, that the right ..... section 8, which falls under chapter ii, deals with insolvency resolution by operational creditor. ..... section 6, ibc provides that where any corporate debtor commits a default, a financial creditor, an operational creditor or the corporate debtor itself may initiate cirp in respect of such corporate debtor in the manner provided under chapter ii of ibc. .....
Tag this Judgment!Court : Supreme Court of India
..... said provision is as under: section 363-compensation to be paid: (1) compensation shall be paid by the corporation to the owner of any building or land acquired for a public street, square, park or garden under the provisions of this chapter: provided that any increase or decrease in the value of the remainder of the property, of which building or the land so acquired formed part, likely to accrue from the setting back to the regular line of a public street, shall ..... (ii) sections 5a(1), 6, 11a, and 34 of the land acquisition act, 1894, sections 6(1a) and 9 of the requisitioning and acquisition of immovable property act, 1952, sections 4(2), 7(4), 7(5), 11(5), 14, 15(1), 16(1), 19(2), 25, 38(1), 60(4), 64 and 80 of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 and sections 3c(1), 3d(3) and 3e(1) of the national highways act, 1956, prescribe for statutory frameworks for the completion of individual steps in the process of acquisition of land ..... has referred to section 363 of the act provisioning compensation for acquisitions made under section 352 of the act and submitted that acquisition under this chapter is therefore complete and stands on its ..... the context in which section 352 is located in chapter xxi of part vi of the act relating to streets for public place , also makes the position clear that this provision relates to vesting of public street, squares, parks and gardens in the appellant-corporation but does not .....
Tag this Judgment!Court : Orissa
..... state of punjab and others, (2008) 1 supreme court cases 728 is concerned, on the fact situation that arose in the said case, it appears that m/s international tractors limited had made an application which is a company incorporated under the companies act, 1956 intended to set up a project named ganesha project . ..... or slum clearance scheme sponsored by government or by any authority established by government for carrying out any such scheme, or, with the prior approval of the appropriate government, by a local authority, or a society registered under the societies registration act, 1860, or under any corresponding law for the time being in force in a state, or a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any state; the ..... insofar as the date of publication of section 4(1) notification is concerned, the state have filed additional counter affidavit on 08.04.2013 annexing as annexure-j/3 indicating sections 4(1) and 6(1) notification of various revenue villages which is quoted hereinbelow: date wise information on 4(1), 6(1) & order u/s.7 notifications for acquisition of land in village-dalua, rahangol, kandarei & khanduali for idco name of village area ..... chapter ixa of the penal code which deals with offences relating to elections was introduced in the code by the indian election offences and inquiries act (xxxix of 1920 ..... main concern of the grievance was initiation of ceiling case under chapter 4 of the o.l.r. .....
Tag this Judgment!