Court : Kerala
Reported in : 2008CriLJ4488; 2008(2)KLJ625
..... section 162 itself. the interdict under section 162 cr.p.c., therefore, does not apply to an investigation under section 202 which provision is located outside chapter xti cr.p.c. hence statements recorded during an investigation under section 202 cr.p.c. can be used to contradict the statement given under section 145 ..... power of dismissal is one which can be exercised only at the post-cognizance stage. (see raju puzhankara v. state of kerala 2008 (2) klt 467 - also see cref finance ltd. v. sree shanthi homes (p) ltd. : 2005crilj4524 , govind mehta v. state of bihar : 1971crilj1266 , nagraj v. state of mysore : 1964crilj161 )2) where ..... enquiry commissioner and special judge, thiruvananthapuram, (hereinafter referred to as 'the special judge') alleging offences punishable under sections 7 and 13 of the prevention of corruption act, 1988 read with section 120b i.p.c. challenges annexure xvii order dated 25-3-2008 passed by the special judge ordering investigation by the superintendent of .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2008Guj183
..... 13. the impugned order states that the same has been made in exercise of powers conferred by sub-section (1) of section 99 of the act. the said section appears in chapter viii relating to municipal taxation and dealing with part-(1) which talks about imposition of taxes. the relevant extract of the said provision reads as ..... addressed communication dated 26.10.1999 (annexure-e) to the state government. the petitioner-municipality had specifically pointed out how the impugned order would adversely affect the finances of the municipality. hence, no change or modification is called for in the judgment and order made yesterday i.e. 07.07.2008.19. accordingly, the ..... law. respondent no. 1- state government cannot be presumed to be oblivious of the fact that the direct result of the impugned order would affect the finances of the petitioner-municipality. in the circumstances, before making any order which on the face of it would operate adversely qua the petitioner-municipality it was incumbent .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)MhLj101
..... shri hazur apchalnagar sahib act, 1956' (act of 1956, for short) (hyderabad act no. xxxvii of 1956). it was published in the hyderabad government gazette dt. 20-9-1956. chapter ii provides for establishment of board and committee for control of gurudwara. chapter iii pertains to functions of the board, the committee and the superintendent. chapter iv contains provisions in respect of finance. chapter v pertains to the ..... provisions of appeals and revisions and it runs as under:chapter - vappeals and revisions1) an appeal shall lie to the board from an order passed by the committee or by the superintendent under the provisions of this act.2) an appeal shall not be admitted .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2008)218CTR(SC)433; [2008]305ITR1(SC); JT2008(10)SC17; 2008(11)SCALE540; (2008)9SCC434; 2008AIRSCW6285; 2008(6)Supreme520; 2008(11)SCALE540
..... exemption from income tax under section 10(20) of the 1961 act prior to its amendment by finance act, 2002 w.e.f. 1.4.03.10. prior to the amendment by finance act, 2002, section 10(20) of the income-tax act, 1961 provided as under:chapter iiiincome which do not form part of total incomeincomes not included ..... judgment of this court in the case of r.c. jain (supra) was misplaced.18. learned counsel further submitted that the explanation/definition clause inserted by finance act, 2002 is exhaustive as it uses the expression 'means' as contradistinction from the expression 'includes'. learned counsel submitted that borrowing definition from other statutes is not ..... even the explanatory note indicates that amc (s) is covered by the explanation and, therefore, amc(s) is entitled to the continuance of the benefit of exemption even after finance act, 2002. further, in the explanation to section 10(20) there are three items - item (i) refers to 'panchayat', item (ii) refers to 'municipalities' whereas .....
Tag this Judgment!Court : Supreme Court of India
Reported in : IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763
..... state towards securing the principles specified in clauses (b) and (c) of article 39 of the constitution. section 3 defines various terms used in the act. chapter ii relates to establishment of board and appellate authority, term of office, conditions of service of officials and working of the board and appellate authority. references ..... banks or state financial corporations different considerations would come into play. it must be realised that in the modern industrial environment large industries are generally financed by banks and statutory corporations created specially for that purpose and if they are permitted to resort to independent action in total disregard of the ..... development bank of india (hereinafter referred to as `idbi'), which was the predecessor of the stressed assets stabilisation fund (hereinafter referred to as `sasf'), financed the project undertaken by the company.4. as it appears from the records, the respondent no. 1- company was unable to repay the loan and idbi .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)1GLR59
..... to the policy of the state towards securing the principles specified in clauses (b) and (c) of article 39 of the constitution. section 3 defines various terms used in the act. chapter ii relates to establishment of board and appellate authority, term of office, conditions of service of officials and working of the board and appellate authority. references, inquiries and schemes have ..... submitted that special civil suit is filed by appellant against respondents, where, contention raised by respondent vide exh.44 that respondent being a sick unit declared by board of industrial finance and reconstruction (hereinafter referred to as 'bifr'), therefore, under section 22(1) of sica, present suit is not to be maintainable against respondents.4. this aspect has been examined by .....
Tag this Judgment!Court : Kerala
Reported in : 2008(3)KLJ699
..... is subjected to a laying procedure in terms of section 37.95. ker is made in exercise of the powers conferred under section 36 of the act. chapter v therein deals with opening and recognition of schools. the embargo in sub-section (5) of section 3 read with rule 1(3) of ..... are referred to, as numbered therein.facts encapsulated3. the kerala education act, 1958 and the kerala education rules, 1959; for short, the 'act' and the 'ker', respectively; contain provisions regulating grant of recognition, including approval to commence schools, chapter v in ker deals with recognition.4. acting on the opinion of a committee appointed as per a government order ..... . the grant of recognition is essentially a matter regulated by the act and ker. in this context, it needs to be noticed that it was attempted to be canvassed on behalf of the contesting respondents that theirs are 'existing schools' and therefore, the provision of chapter v would not apply because, according to them, those provisions relate .....
Tag this Judgment!Court : Delhi
Reported in : (2009)223CTR(Del)250; [2009]183TAXMAN495(Delhi)
..... to preliminary objection of the respondent5. the provisions for advance ruling are contained in chapter xix-b of the act, which was introduced in the act, by virtue of the finance act, 1993 w.e.f. 1st jan., 1993. the said chapter consists of sections commencing from section 245n, section 245v. section 245n deals with definitions ..... would have jurisdiction to entertain actions under article 226 of the constitution impugning the ruling given by the authority under section 245r of the act. [see : dhulabhai v. state of mp : [1968]3scr662 ) and gurbax singh v. financial commr. and anr. : air1991sc435 ]. the principles enunciated in the aforementioned judgments clearly point to ..... the fact that section 245s in chapter xix-b of the act cannot be construed as an ouster clause, ousting the jurisdiction of the courts.7. .....
Tag this Judgment!Court : Allahabad
Reported in : (2009)227CTR(All)388; [2010]186TAXMAN88(All)
..... ' under the income- tax act as the intention of the legislature by inserting chapter xiv-b in the statute book, which provides for special procedure for assessment of search cases only. search cases arise on the basis of ..... lucknow; mansarovar urban co-operative bank ltd., ground floor, a-969, indira nagar, lucknow; hotel mansarovar international- hardwar, moti bazar, hardwar; sh. p.k. pandey-g.m.(finance) of u.p. avas sangh ltd.; sri anil kumar and amita singh at meerut; and sri ajay kumar lucknow on 17/18.10.2001. during the search operation, seizure operation ..... documents seized during the course of search in pursuance to the warrant of authorization which is in the joint name and that too by invoking the provisions of chapter xiv-b in an individual capacity but she can be assessed jointly only as association of persons or body of individual as per the definition of word 'person .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2010(1)BomCR614; JT2010(1)SC259; 2010(I)OLR(SC)306; 2010(1)SCALE188; (2010)3SCC83; [2010]98SCL139(SC); 2010(1)LC454(SC)
..... magistrate of the first class shall try any such offence.11. the speech of the minister of finance on december 2, 1988 in course of the debate on the bill in the lok sabha tells us that chapter xvii was inserted in the act, in light of the report submitted in the year 1975 by the committee on banking laws ..... headed by dr. rajamannar. it appears that in course of the debate some members had expressed the view that the provisions of chapter xvii sought to be inserted in the act, contained very abnormal, rather very dangerous provisions, in that a kind of civil liability is supposed to be converted into a kind of criminal ..... sections 142 to 147 lay down a kind of a special code for the trial of offences under chapter xvii of the negotiable instruments act and sections 143 to 147 were inserted in the act by the negotiable instruments (amendment and miscellaneous provisions) act, 2002 to do away with all the stages and processes in a regular criminal trial that normally .....
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