Court : Karnataka
Reported in : AIR1982Kant73; ILR1981KAR1363; 1981(2)KarLJ409
..... the learned advocate sri padubidri raghavendra rao, appearing for the appellants, strenuously urged before me that in view of the ambiguous wording of section 7 of the karnataka debt relief act, 1976, the judgment-debtors did not adduce any evidence before the executing court and that therefore, an opportunity should be given to them to adduce evidence by remanding the caw. ..... section 15 (1) of the said act reads:'nothing contained in this act shall affect or shall, be deemed to affect in any way the operation of the karnataka debt relief act, 1976 (karnataka act no. ..... 9 of 1980 regarding the karnataka debt relief act was introduced in the legislature, the statement of objects and reasons presented, states inter alia thus :'after issue of karnataka debt relief act, 1976, many representations were received from the people suggesting inter alia the following: (i) orders issued by sub-divisional magistrate should be made appealable to the judiciary. ..... the second act is the karnataka debt relief act, 1976, ss. ..... as stated above, the judgment-debtors raised two contentions- one based on prohibition of alienation under the karnataka agricultural lands prohibition of alienation act of 1973 and the other that they were 'debtors' under the karnataka debt relief act, 1976. ..... it is observed therein thus it is generally used in repealing statutes in order to prevent them from affecting rights accrued, penalties incurred, duties imposed, or proceedings started under the statute sought to be repealed. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1977MP21
..... 1976, section 5-a has been introduced, which provides for penalties, (1) no creditor shall refuse to return or re-deliver possession to the debtor of the property pledged or mortgaged by him, which stands released or redeemed in favour of such debtor under the act ..... the kerala agriculturists debt relief act was held to be within the purview of entry 30 of the statelist in ..... the reliefs, which the act affords to them, except to small farmers, are contained in section 4 of the act, which may be summed up thus:--(a) every debt advanced before the commencement of the act (including interest) payable by the persons of the above classes shall be deemed to ..... section 5 provides for reliefs to small farmers, which may be summed up as follows:--(i) recovery of every debt advanced before the commencement of the act shall stand suspended for a period of one year from the date ..... it is a provision of necessity because when such a law is made to give relief to the weaker sections of the society, there must be legislative sanction behind it and contravention of the provision must be made punishable, otherwise, creditor from whose exploitation protection is afforded, may not care to comply ..... there is nothing in the act which empowers either the collector or the sub-divisional officer to institute any proceeding before them to give relief under the act; for instance, either to declare that any debt is wholly discharged or to enforce the release of any property, movable or immovable, and to put the .....
Tag this Judgment!Court : Chennai
Reported in : [1984]56CompCas41(Mad)
..... made for 21 months as premium on the cessation of the conduct of the chit later, the principal defense raised was that the plaintiff had takes the chit and payment was also made a to him on november 18, 1976, and a promissory note was also executed for the balance of the installments payable in respect of the chit and, therefore, the amount was not recoverable. ..... avowed object of affording relief to indebted agriculturists nationalised banks and the debts due to them have not been in any manner touched upon and that also is an indication that nationalised banks were intended to be treated and are actually treated on a footing different from the other creditors and that would also justify the exclusions of the nationalised banks from the preview of the provisions of the usurious loans act regarding the rate of interest ..... section 46(4) of the banking regulation act, 1949, provides for punishment for a contravention of any of the provisions of the act or any default in complying with any requirements of this act or of any order rule or direction made or condition imposed thereunder. ..... rbi to the effect that banking institutions like the petitioner-nationalised bank should charge a particular rate of interest would be a special circumstances which obliges the petitioner to charge a rate of interest as it did on pain of the imposition of a penalty for the violation thereof. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1982Mad296; (1982)2MLJ238
..... the avowed object of affording relief to indebted agriculturists, nationalised banks and the debts due to them have not been in any manner touched upon and that also is an indication that nationalised banks were intended to be treated and actually treated on a footing different from the other creditors and that would also justify the exclusion of the nationalised banks from the purview of the provisions of the usurious loans act regarding the rate of interest ..... section 2 of the banking regulation act, 1949 states that the provisions of that act shall be in addition to, and not, save, as thereinafter expressly provided, in derogation of the companies act 1956 (1 of 1956), and any other law for the time being in force. s. ..... of india to the effect that banking institutions like the petitioner nationalised bank should charge a particular rate of interest would be a special circumstance which obliges the petitioner to charge a rate of interest as it did on pain of the imposition of a penalty -for the violation thereof. ..... at 12 per cent per annum from 25-5-1976 on the footing that this amount was recoverable in respect of payments made for 21 months as premium on the cessation of the conduct of the chit later, the principal defence raised was that the plaintiff had taken the chit and payment was also made to him on 18-11-1976, and a promissory note was also executed for the balance of the instalments payable in respect of the chit and, therefore, the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC398; [1992]73CompCas257(SC); JT1991(4)SC487; (1992)ILLJ313SC; 1991(2)SCALE1021; 1992Supp(2)SCC10; [1991]Supp2SCR338
..... judgment to be entered for the defendant or defender on such terms as to costs or otherwise as the judge may think proper.halsbury's laws of england (fourth edition) 7 (1) companies, para 652 on this aspect states as follows :'power of court to give relief against liability:if in any proceedings for negligence, default, breach of duty or breach of trust against an officer of a company or a person employed by the company as auditor (whether or not he is an officer of the company), it appears to the court ..... it is stated thus :under the statutory provision relief can be given against any of the criminal penalties imposed by the companies act, 1948 and 1976, but not, it would seem, against civil liability to anyone other than the company and so apparently no relief may be given in the rare cases where a member or auditor of a company has a personal right to sue ..... to apprehend that any claim will or might be made against him in respect of any negligence, default, breach of duty or breach of trust, he may apply to the court for relief; and the court on the application has the same power to relieve him as under this section it would have had if it had been a court before which proceedings against that person for negligence, default, breach of duty or breach of trust had been brought. ..... board of trade, private prosecutors including penal proceedings for the enforcement of the companies act, but not proceedings for the recovery of debts or the enforcement of civil liability to strangers.29. .....
Tag this Judgment!Court : Delhi
Reported in : 127(2006)DLT526; 2006(86)DRJ251
..... [1982]1scr338 the supreme court held that the words 'any debt due before the commencement of this act' as occurring in section 4(1) of the kerala agriculturists debt relief act, 1970, have to be interpreted to mean 'any debt due at and before the commencement of this act'. ..... the writ petitioner submitted that there could not be any retrospective extension of the term of the board in view of section 14(5) of the act which states:-'when the term of office of a board constituted under this section has expired or ceased, the board shall be replaced by the former board which, but for the declaration under sub-section (1), would have continued to hold office, or, if the term of office of such former board has expired, by ..... revenue, west bengal, : [1970]78itr74(sc) , the words 'be reckoned' had been inadvertently omitted in section 46(7)(iv) of the indian income-tax act, 1922, and were hence supplied by construction otherwise the provision would have become meaningless.31. ..... a writ petition in this court challenging the validity of the order of the central government retrospectively extending the term of the cantonment board, secunderabad under the first proviso to section 14(4) of the cantonments act, 1924 (hereinafter referred to as 'the act') after the expiry of the period for which the board was constituted. ..... : (1976)illj68sc , the words 'where any penalty is imposed' in rule 14(1) of the railway servants (discipline and appeal) rules,1968, were construed to mean where any 'penalty is .....
Tag this Judgment!Court : Karnataka
Reported in : (1981)23CTR(Kar)135; [1981]130ITR162(KAR); [1981]130ITR162(Karn)
..... therefore, the commissioner is required not to look into the reasonableness of the cause offered by the assessee but to the three factory mentioned in the section itself, that is, whether the assessee had made voluntarily a full disclosure of his net wealth in good faith and thereafter cooperated with the department in competing the assessment providing for the payment of tax ..... of an offence takes into consideration several factory apart from the fact that he has committed the offence in question, the commissioner should take into consideration all other relevant factory while reducing or waiving the penalty imposed or imposable under section 18(1)(a) of the act. ..... as made clear by the learned judge in shankara apaya swami's case : [1976]103itr649(kar) , the commissioner may take into consideration while exercising the discretion under s. ..... while determining whether the assessee is entitled to any relief under section 18(2a) the commissioner of wealth-tax, no doubt, has to satisfy himself that the pre-conditions mentioned in clauses (a), (b) and (c) of section 18(2a) are fulfilled by the assessee. ..... in shankara apaya swami's case : [1976]103itr649(kar) has been followed in more than one case by this high court and also by a division bench of the high court of andhra pradesh in the case of seetha mahalakshmi rice and groundnut oil mill ..... wto : [1976]103itr649(kar) , venkataramaiah j ..... wto : [1976]103itr649(kar) , a learned single judge of this court had occasion to examine the scope of s .....
Tag this Judgment!Court : Kolkata
Reported in : 1988(38)ELT20(Cal)
..... was served with a notice dated 27th november, 1976, asking the petitioner to show cause as to why action should not be taken against the petitioner and why penalties should not be imposed on the petitioner under section 116 of the customs act, 1962, in terms of the guarantee furnished by the petitioner under section 42 of the said act. ..... deputy collector of customs after considering the various contentions of the parties rejected them and he held that the party was liable to be penalised to pay penalties under section 116 of the act, on its failing to accept for the shortage to the satisfaction of the customs authority.4. mr. ..... has already been paid, the same may be appropriated towards the satisfaction of the penalty amount and no further demand is to be raised against the petitioner on account of penalty, and the further demand sought to be raised for the additional sum of rs. ..... on behalf of the petitioner firstly tried to urge before me that this order could not be made against the client, and that neither the impugned order or the earlier order dated 7th november 1976 could be made against his client, because according to him the proceedings were barred by limitation. ..... i think that under the circumstances the order for increase of penalty is without any basis or foundation, and in any event there are no reasons given in the impugned order for this increase, nor was the petitioner given any notice that there was any error in ..... a cargo which was shipped by lutheran world relief inc. .....
Tag this Judgment!Court : Chennai
Reported in : [1987]66STC386(Mad)
..... , in exercise of the suo motu power of revision under section 32 of the act, the deputy commissioner issued a notice to the assessee calling upon him to show cause why a penalty on an undisclosed turnover should not be levied against him. ..... however, on 4th december, 1976, the assessee filed a revision petition before the board of revenue invoking its suo motu powers under section 34 of the tamil nadu general sales tax act, 1959, hereinafter referred to as the act and to fix the rate of tax in respect of transistor leather covers at multi-point rate applicable to general goods treating the leather covers as accessories to the transistors as has been done by ..... the fact that the deputy commissioner has not dealt with the revision petition filed before him under section 32 of the act on merits, the tribunal had rightly rejected the appeal on the ground that unless the revisional order is passed on merits, it cannot exercise its power of appeal for granting relief to the assessee. ..... by the deputy commissioner is that when the assessee has moved a superior authority in revision and failed, it cannot move a subordinate authority for the same relief and on the same grounds. ..... for the same relief, the assessee has later filed a revision petition before the deputy commissioner, ..... the fact that the superior authority has considered the assessee's revision petition and rejected the same, it is not open to the subordinate authority to entertain the revision petition and grant relief to the assessee. .....
Tag this Judgment!Court : Rajasthan
Reported in : [1982]51STC60(Raj); 1980()WLN91
..... to the sale by the dealer and such sale is covered by a declaration as may be required under any provision of this act or the rules made thereunder:provided that where a dealer in goods which are exempted from tax unconditionally, sells any bardana, container or any other packing material received along with such goods ..... means that part of turnover which remains after deducting therefrom the aggregate amount of the proceeds of sale of goods,-(i) on which no tax is leviable under this act,(ii) which have already been subjected to tax under this act,(iii) which have been sold to persons outside the state for consumption outside the state and(iv) which are taxable at a point of sale within the state subsequent ..... filed an appeal before the deputy commissioner (appeals-i), commercial taxes, jaipur, who partly allowed the same and set aside the penalty imposed under section 16(l)(b) and also gave relief in respect of taxability of a turnover of rs. ..... section 15(3a) of the rajasthan sales tax act, 1954 (hereinafter referred to as 'the act'), for directing the board of revenue for rajasthan to state a case and refer the questions of law arising out of its order dated 15th january, 1976, ..... thereupon the assessee preferred a special appeal under section 14(4a) of the act before a division bench of the board and the learned members of the board by their judgment dated 15th january, 1976 (exhibit 4), allowed the special appeal and remanded the .....
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