Judgment Search Results Home > Cases Phrase: finance act 1983 preamble 1 finance act 1983 Page 10 of about 29,582 results (0.173 seconds)

Vikram Cotton Mills Ltd. and anr. Vs. Jwala Pd. Radha Krishna and ors.

Court : Allahabad

Reported in : AIR1956All14

..... not necessary for me to enter into all these grounds because, in the view that i take, the scheme must fail on two grounds, firstly, that it is ultra vires the finance corporation to lease out the assets of the company and, secondly, that, as a result of the conditions imposed by different groups, it has become impossible to evolve any workable scheme. ..... court will not exercise its power if it finds that by modifying the scheme the court will be permitting something which is not warranted by the industrial finance corporation act or which is something against the interest of the corporation. ..... ) 1 ch 41 (a) that a company has no power to enter into nor can the court sanction, any arrangement or compromise with its creditors under sections 153 and 154 of the companies act, 1913, which necessarily involves the doing of any act which is ultra vires the company, being in excess of its corporate powers as defined in its memorandum of association. ..... (hereinafter described, for brevity's sake, as the company) under section 153 of the indian companies act (vii of 1913) praying that this court may sanction a scheme put forward by it for payment of its ..... this object in view the indian finance corporation advanced the loan to the ..... as the preamble of the act indi-cates, the corporation has been created 'for the purpose of making medium and long-term credits more readily available to industrial concerns in india, particularly in circumstances where normal banking accommodation is inappropriate or to .....

The Gwalior Rayon Silk Mfg. (Wvg.) Co. Ltd., Birlakootam Mavoor, Kozhi ...

Court : Kerala

Reported in : AIR1973Ker36

..... character of the land and as to whether a prudent owner will undertake the processes of fanning in the widest sense on the land, we find it impossible to accept the categoric statement in the preamble of the act that 'the private forests in the state of kerala are agricultural lands which can be put to cultivation. ..... in the kannan devan hills produce company's case 1972 ker lt 377 = (air 1972 sc 2301) the preamble to the impugned act and the terms of the original lease by the pooniar chief whose rights were acquired by the government, show that the acquisition by the government was of an area ..... case 1972 ker lt 377 = (air 1972 sc 2301) the preamble to the act and the terms of the lease deed showed clearly that the lands dealt ..... learned advocate-general's argument as to the force to be given to the legislative declaration contained in the preamble to the act as to the character of forest lands is either well founded or of any assistance in this case. ..... affidavit the state has made a case that 'in kerala within cities and municipalities there are tracts of cultivated lands' and merely because the act was applied to the lands situate within cities and municipalities it did not detract from its essential character as a measure of agrarian reform ..... the provisions of the act are briefly these: the preamble states that private forests in kerala are agricultural lands and that the government consider that such agricultural lands should be so utilised as to increase the agricultural production in .....

Essar Steel Ltd. Vs. Union of India (Uoi)

Court : Gujarat

Reported in : [2010]24STT121

..... thereof is wholly unjustified.36.12 as stated above, chapter x-a in the customs act, 1962 containing sections 76a to 76n being special provision relating to special economic zone including the charging provision (section 76f) providing for levy of export duty on goods supplied from the domestic tariff area to the special economic zone has been omitted by the finance act, 2007 with effect from 11-5-2007 arid no corresponding provision akin to section ..... 76f has been enacted in the sez act, 2005 which categorically rules out reading in a purported intendment to levy duty ..... central government in this behalf, any goods removed from a special economic zone to the domestic tariff area shall be chargeable to duties of customs including anti-dumping, countervailing and safeguard duties under the customs tariff act, 1975, where applicable, as leviable on such goods when imported and the rate of duty and tariff valuation, if any, applicable to goods removed from a special economic zone shall be at the rate and ..... the preamble of the act of 2005 states that it is an act to provide for the establishment, development and management of the special economic zones for the promotion of exports and for matters connected therewith .....

M.R.S. Mani Vs. the District Magistrate and the Superintendent, Centra ...

Court : Chennai

Reported in : (1949)2MLJ310

..... another's property and threatens to assault persons who prevent his unlawful entry, and an order for detention is passed against him under section 2(1) on the ground that he is likely to act in a manner prejudicial to the maintenance of public order in the locality, this court cannot question the propriety of the order, merely because, in its opinion, the incident which ..... the power to legislate is for preventive detention for reasons connected with the maintenance of public order, and the preamble of the act (madras act 1 of 1947) states:whereas for the maintenance of public safety and to prevent and put down disorders involving menace to the ..... preamble to the act make it clear that the object of the legislature is preventive detention and the basis on which the order for detention is made is that a particular person is acting or about to act and after the amendment of 1948, or is likely to act, in a manner prejudicial to the public safety or the maintenance of public order and that therefore with a view to prevent him from so acting ..... it is the considered opinion of the legislature as expressed in the preamble to act 1 of 1947 that there is an urgent necessity for imposing, in the interests of public peace and ..... preamble to act 1 of 1947 and sections 2 and 3 of the act, make it clear that it is only preventive detention for a specified period and not an arbitrary detention or imprisonment for an indefinite time at the pleasure of the executive that has been authorised by act .....

M.R.S. Mani Vs. District Magistrate and anr.

Court : Chennai

Reported in : AIR1950Mad162

..... with the maintenance of public order; persons subject to such detention' (the italics are mine).the power to legislate is for preventive detention for reasons connected with the maintenance of public order and the preamble of the act (madras act i [1] of 1947) states:'whereas for the maintenance of public safety and to prevent and put down disorders involving menace to the peace and tranquillity of the province, it is necessary to provide for preventive detention, imposition of collective ..... , it is hereby enacted as follows':the power conferred on the legislature and the preamble to the act make it clear that the object of the legislature is preventive detention and the basis on which the order for detention is made is that a particular person in acting or about to act and after the amendment of 1948, or is likely to act, in a manner prejudicial to the public safety or the maintenance of public order and that therefore with a view to prevent him from so acting, it is necessary to make an order of detention. ..... it is the considered opinion of the legislature as expressed in the preamble to act i [1] of 1947 that there is an urgent necessity for imposing in the interests of public, peace and tranquillity, and for ensuring the continuance of services vital to the life of the community, restraints on individual liberty. .....

P. Dwaraknath Reddy Vs. New India Maritime Agencies and ors.

Court : Chennai

Reported in : (1991)2MLJ118

..... madras : [1962]2scr169 , while dealing with the power of exemption set forth in section 13 of the madras buildings (lease and rent control) act 25 of 1949, this is what was countenanced:enough guidance is afforded by the preamble and operative provisions of the madras buildings (lease and rent control) act, 1949, for the exercise of the discretionary power vested in government under section 13 to exempt any building or class of buildings from all or ..... purpose and that it is unnecessary to state in express terms in the statute, itself the precise purpose for which property is being taken, provided from the whole tenor and intendment of the act it could be gathered that the property was being acquired either for purposes of the state or for purposes of the public and that the intention was to benefit the community at large.in state of bombay ..... down by the highest court in the land in the above pronouncements for the purpose of the present case arising under the act can be summed up as follows : though it is desirable to disclose in express terms in the order itself that the policy and purpose of the act have weighed with the government, while granting the exemption, the order will not become illegal or ab initio void for ..... in the preamble to the act, which expresses the policy and the purpose of the act; and also in the provisions of the act and the ..... as we could fined from the preamble to the act, the act is to provide for planning the development and use of rural and urban land in the .....

Collector of Bombay Vs. Burjor Hormusji Poonegar and anr.

Court : Mumbai

Reported in : AIR1964Bom7; (1963)65BOMLR191; ILR1963Bom715

..... had nothing whatever to do with the sale of the lands by the central government in their favour.as we have already observed, on the creation of autonomous provinces in british india by the government of india act, 1935, sovereignty of the crown over the territories constituting such provinces was transferred to the provincial governments and all lands situated within the territories of the province began to be held by the respective owners thereof ..... as follows : -- 'it shall not be necessary in any deed relating to immovable property situate within the said territories (territories in the possession and under the government of the east india company) to be executed after the passing of this act, to add words of limitation to heirs, when the intention is to give the absolute interest to a person and his heirs general; but a gift, grant, or other conveyance of immoveable property to, or in favour of any person, ..... to the learned advocate-general, the preamble of the act as quoted above indicated that it was the english law of real property which applied to the lands situated within the port and island of bombay and that accordingly, when a conveyance was executed in relation to any such, land, by virtue of section 16 of the said act, such conveyance only conveyed an estate ..... the preamble of this act which was relied upon by the learned advocate-general in this behalf runs as follows:--'whe reason it is expedient in cases to which the english law applies, to abolish real actions and .....

His Highness Maharaja of Jaipur Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : 1972WLN186

..... in the light of the principles enunciated in the cases and the meanings assigned to the word 'entertainment' in the various books referred to above, and having regard to the preamble of the act, we have no hesitation in coming to the conclusion that to bring an exhibition into the definition of 'entertainment' a continuous process of performance may not be necessary but it is essential that the exhibition should be displayed with a view to provide amusement or gratification of ..... was held to be an entertainment in respect of which duty was payable under the act of 1916.it may be noticed here that the bench took into consideration the preamble of the act and the absence of any decision holding exhibition of fabrics & dresses as entertainment.10. ..... the course of arguments the counsel for the parties made reference to entry 62 in list ii of the seventh schedule as also some other entries in schedule i and ii of the constitution and some provisions or the sunday entertainment act, 1932, but we do not think it necessary of useful to make detailed references to them as they do not provide any assistance in the determination of the controversy before us.19. ..... there it has been stated 'an entertainment to come within the provisions of the finance (new duties) act, 1916 (repealed) must be some 'exhibition, performance, amusement, game or sport' provided, though not necessarily by the owner of the place of entertainment, for the purpose of entertaining those who pay to see or to hear it.'11 .....

Swedish Match Ab and Swedish Match Vs. Securities and Exchange Board o ...

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

..... background of the same, it is clear that it is a piece of beneficial legislation directed to protect the interests of in this context it is to be noted that as per the preamble to the act, it is "an act to provide for the establishment of a board to protect the interests of investors in securities and to promote the development of, and to regulate, the securities market and for matters connected therewith ..... acquiring or agreeing to acquire shares or voting rights in the target company or control over the target company, (2) without prejudice to the generality of this definition, the following persons will be deemed to be persons acting in concert with other persons in the same category, unless the contrary is established: (i) a company, its holding company, or subsidiary of such company or company under the same management either individually or together with each ..... voting rights may enable the holders thereof to significantly influence management control over the concerned company, that it is in this context that regulation appears to suggest that a person whether together with persons acting in concert with him or by himself, seeks to acquire shares and/or voting rights which represent more with reference to the applicability of regulation 11(1) learned counsel referred to the reply to the show ..... regulations assumes importance, as "a statute" as the hon'ble supreme court held in peerless general finance's case ( (1987) 1 scc 424) "is best interpreted when we know why it was ..... finance .....

Jackson Vs. the Magnolia

Court : US Supreme Court

..... with skill and courage;" "that the exclusion of all but native subjects of great britain from serving on juries afforded no corrective;" "that for the purpose of securing the execution of the acts of trade and navigation, the government proceeded to institute courts of admiralty, and to appoint persons to the office of attorney general in those plantations where such courts and such offices had never ..... efforts on my part to assert what are regarded both as the sacred authority of the constitution and the venerable dictates of the law were to be sought the incentive to this remonstrance, this act might appear to be without motive, for it cannot be denied that to earnest and successive remonstrances have succeeded still wider departures from restrictions previously recognized, until in the case before us every ..... 1640, to close the door upon all such attempts of the king and his privy council, the fifth section of the act "for the regulating of the privy council, and for taking away the court commonly called the star chamber," which i ..... the patriot leaders of that time, reviewing in the preamble to the act the various parliamentary enactments in regard to the legal institutions of england and reciting those declarations of the public liberties which had extended over a ..... the preamble of the act of 13 richard ii recites, "that complaints had arisen because admirals and their deputies hold their sessions within divers places of the realm, accroaching to them greater authority than .....