Court : Gujarat
Reported in : (2004)2GLR1211
..... convict in any other law where other applicable independent provisions are existing as the offence punishable under section 138 of the n.i. act is distinctly different from the normal offences made punishable under chapter xvii of i.p.c. (i.e. the offences qua property).31. in the circumstances, it is hereby declared that the ..... alia the following amendment in the negotiable instruments act, 1881, namely-(i) xxx xxx xxx(ii) xxx xxx xxx(iii) xxx xxx xxx(iv) to ..... working group was constituted to review section 138 of the negotiable instruments act, 1881 and make recommendations as to what changes were needed to effectively achieve the purpose of that section.3 xxx xxx xxx4. keeping in view the recommendations of the standing committee on finance and other representations, it has been decided to bring out, inter .....
Tag this Judgment!Court : Gujarat
Reported in : 2004CriLJ3786
..... any convict in any other law where other applicable independent provisions are existing as the offence punishable under section 138 of the ni act is distinctly different from the normal offences made punishable under chapter xvii of ipc (i.e. the offences qua property).31. in the circumstances, it is hereby declared that the compromise ..... inter alia the following amendments in the negotiable instruments act, 1881, namely.(i) xxxxx(ii) xxxxx(iii) xxxxx(iv) to prescribe procedure for dispensing with ..... group was constituted to review section 138 of the negotiable instruments act, 181 and make recommendations as to what changes were needed to effectively achieve the purpose of that section.3...4. keeping in view the recommendations of the standing committee on finance and other representations, it has been decided to bring out, .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)1GLR24
..... .1.[4] that the board has its own regulation for which specific provisions have been incorporated in chapter v of the act.[5] chapter v of the act clearly provides for finance accounts and audit and, also, provides for budget and various other aspects. section 16 of chapter v empowers the state government to transfer to the board immovable and movable properties for the effective and ..... material for the adjudication of the dispute involved, as it only pertains to the preparation and submissions of programme. whereas in chapter v of the act, various provisions are made for finances, accounts, audit and debts of the board. miscellaneous provisions are made in chapter vi for the purpose of running the of business and to carry on the aims and objects of the .....
Tag this Judgment!Court : Karnataka
Reported in : [2006]146STC513(Kar)
..... any retrospective effect. therefore, he specifically submitted that, as per the expression used for amendments introduced to section 9 of the cst act by the finance act, 2000 (central act no. 10 of 2000) all the amendments are only with prospective effect and not retrospective. to substantiate his submission, he placed ..... i-preliminary (2), were given retrospective effect from april 1, 2000. further, he submitted that, the expressions used for amendments to section 9 in the finance act, 2000, are also that 'shall be substituted', 'shall be inserted' ..... finance act, 2000 receives the assent of the president. the said amendment act received the assent of the president of india on may 12, 2000. the amendments to section 9 of the cst act were introduced by section 119 of the amendment act. section 119 of the amendment act has not been given any retrospective effect. only sections 2 to 77 according to chapter .....
Tag this Judgment!Court : Karnataka
Reported in : 2005(1)ALD(Cri)13; IV(2005)BC497; 2004CriLJ4566; ILR2005KAR2890; 2004(7)KarLJ535
..... sections 143 to 147 are as under :'the existing provisions in the negotiable instruments act, 1881. namely, sections 138 to 142 in chapter xvii have been found deficient in dealing with dishonour of cheques. not only the punishment provided in the act has provided to be inadequate, the procedure prescribed for the courts to deal ..... the courts are unable to dispose of such cases expeditiously in a time bound manner in view of the procedure contained in the act. keeping in view the recommendations of the standing committee on finance and other representations, it has been decided to bring out, inter alia, the following amendments in the negotiable instruments ..... act, 1881, namely :-- (i) to increase the punishment as prescribed under the act from one year to two years; (ii) to increase the period for .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(2)ALLMR271; (2005)107BOMLR685
..... of town planning officers and the board of appeal and their powers. chapter vi deals with splitting up of the schemes into sections and preliminary schemes. chapter vii deals with joint town planning schemes and chap. viii deals with finance under the b.t.p. act, after a draft development plan is sanctioned, the local authority makes ..... planning scheme was regulated by the provisions contained in the bombay town planning act, 1954. the said act provided for preparation of development plan, so also, town planning schemes. the present act is an improvement over the bombay town planning act and includes, few more chapters, dealing with the regional plans and development, of new towns. it is ..... form part of a single cohesive pattern for development of the entire area, over which the local authority had the jurisdiction. chapter ii of the b.t.p. act, relates to the making of the town planning scheme. chapter iv deals with the declaration of intention to make a scheme and making of a draft scheme .....
Tag this Judgment!Court : Sikkim
Reported in : [2005]276ITR456(Sikkim)
..... business of lotteries of the state of nagaland in which m/s m.s. associates had acted as sole distributor.6. chapter xiv-b consisting of sections 158b to 158bh were inserted by the finance act, 1995. relevant portion of section 158ba of the act reads as follows :'158ba(1)--notwithstanding anything contained in any other provisions of this ..... , the documents, property, etc. seized has to be returned. reliance was placed on commr. of commercial taxes and ors. v. ramkishan shrikishan jhaver and ors. : [1968]1scr148 (constitution bench)--para 19. the decision reported in pooran mal v. director of inspection : [1974]93itr505(sc) was sought to be distinguished.18. apart from the ..... 840 and 843 as follows :'the principles that were enunciated by the supreme court in the case of commr. of commercial taxes v. ramkrishna shrikishan jhaver : [1968]1scr148 , which were followed by this court in some cases, have not been overruled by the supreme court in any subsequent decision....(p. 840).i am entirely .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2006)99ITD417(Delhi)
..... computation of undisclosed income of the assessee for the block period. as regards the reliance placed by the assessee on the amendment made subsequently by the finance act, 2002 in the said provisions with retrospective effect from 1-7-1995, he contended that application of such amended provisions, which were not in the ..... requisitioned under section 132a in the case of any person, then, the assessing officer shall proceed to assess the undisclosed income in accordance with the provisions of this chapter. "132a, (1) where the [director general or director] or the [chief commissioner or commissioner], in consequence of information in his possession, has reason to ..... same was a subject-matter of regular assessment. explaining further, hon'ble calcutta high court observed that a composite reading of the relevant provisions contained in chapter xiv-b makes it crystal clear that the legislature thought it fit to make a distinction between the block assessment and the regular assessment and the .....
Tag this Judgment!Court : Mumbai
Reported in : IV(2006)BC302; 2006(5)MhLj162
..... senior counsel.13. for considering the questions involved in these writ petitions it would be relevant to look at the circumstances under which chapter xvii of the act was introduced, the provisions of section 143 to 149 were inserted and the problems which legislature intended to tackle. the banking, public ..... namely:-to increase the punishment as prescribed under the act from one year to two years; to increase the ..... the standing committee on finance which made certain recommendations in its report submitted to lok sabha in november, 2001. keeping the recommendations of the standing committee on finance in view the parliament decided to bring out, inter alia, the following amendments insofar as chapter xvii of the negotiable instruments act, 1881, is concerned .....
Tag this Judgment!Court : Allahabad
Reported in : 2(2007)BC127
..... he cannot be said to have taken cognizance of any offence. devarapalli lakshminarayana reddy and ors. v. narayana reddy and ors. : 1976crilj1361 .10. in the case of cref finance ltd. v. shree .shanthi homes (p) ltd. and anr. : 2005crilj4524 , the hon'ble apex court while considering the import of the word cognizance taken by the magistrate ..... magistrate. broadly speaking, when on receiving a complaint, the magistrate applies his mind for the purposes of proceeding under section 200 and the succeeding sections in chapter xv of the code of 1973, he is said to have taken cognizance of the offence within the meaning of section 190(1)(a). if instead of ..... of criminal procedure code (hereinafter referred as code) to quash the complaint case no. 6533 of 2004. rajesh arora v. sunt kumar khera under section 138, negotiable instruments act (hereinafter referred as act) pending in the court of a.c.j.m., court no. 46, agra.2. heard mr. ajay rajendra, learned counsel for the applicant. mr. m .....
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