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The Peddanaickenpalayam Co-operative Agricultural Bank Ltd. Vs. Govern ...

Court : Chennai

Reported in : AIR1979Mad241

..... played by the apex societies in the implementation of the various development plans undertaken by the state, and as the government is sanctioning loans and grants and also giving guarantee for the loans taken by them from financing agencies, as the state government is also participating in the share capital of the apex societies in a large way, and as ultimately such activities might involve the state government's liability to provide for the guarantee ..... reference is made to the text of the provisions challenged and it is averred that, as the government have an obligation to safeguard the interests of the investing public and also the financing bank, certain safeguards were thought of, and that, if, in order to achieve this object an amendment to the act was brought on the anvil and a managing director was sought to be a appointed by the government to the board, that would not, in the absence of any allegation that the ..... to achieve these objects, as also the main objective which is reflected in the preamble to the act, which is to facilitate the formation and working of co-operative societies for the promotion of thrift, self-help and mutual aid among the persons with common economic needs, so as to bring about improvements in agriculture ..... to the above and the preamble of the act, the complainant is against the introduction of chapter ix-b of the act by the tamil nadu co-operative societies (amendment) act 1970. ..... have already referred to the preamble to which learned counsel also .....

Standard Literature Co. Private Ltd. and ors. Vs. Union of India (Uoi)

Court : Kolkata

Reported in : AIR1968Cal1,71CWN719

..... were obtained at the expense of governments, to distribute the amount recovered among them in proportion to the loss caused to them by the offence the legislative purpose is indicated clearly not only in the preamble to the act but also in section 9 which provides for special compensatory fines equal in value to the amount procured by the offender by means of the offence and. ..... down because the power of selection given to government was arbitrary and ungulded, whereas in the latter case the provisions were upheld because there was a schedule to the act of offences which were governed by it and regard being had to the background in which the act came into existence it was held that the power of selection was not unguided similar is the case in : [1957]1scr605 (supra) in the present case, ..... conceivably be (a) between government property and private property and (b) between the occupiers of government property and occupiers of other property if this classification is arbitrary and has no nexus to the objects of the act and dues not lav down an intelligible differentia, then it would fail to pass the test of article 14 and would be void, as was the case in air 1962 s. c. 75, : [1954]1scr803 , air ..... in the customs act, 1962 (section 110(1) read with section 124), in the public demand recovery act, (section 4 read with sections 9 and 10) in the bengal finance sales tax act, 1941 (section 14(3)) and in the land acquisition act (sections 4, 5a and 6), thika tenancy act (w. b. .....

K.S. Diesels Ltd. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1983)LC1383DTri(Delhi)

..... time the matter came up for hearing before me, the goods covered by each of the three consignments had been in the warehouse for over three years; and by virtue of the recent amendment to section 61 by the finance act, 1983, the maximum warehousing period which it is within the power of the collector to allow now stands reduced to one year and six months.accordingly, there was no further relief which the collector as an adjudicating authority could ..... shri gagrat fairly admitted that, in view of the recent amendments to section 61, customs act, through the finance act, 1983, the maximum period for which non-consumable stores could ordinarily remain warehoused was only one year, which could be extended by the collector by a period not ..... board's unlimited power to extend the period, subject to the payment of interest as newly provided through, the finance act, 1983, remained unaffected. ..... in the circumstances, it would be proper to go by the plain indication given by the department itself, in the shape of the preamble to the collector's order dated 24-9-82 and to treat that as the basic order against which an appeal would lie, the appropriate appellate authority being ..... government of india and the financial institutions and these had not come up to their expectations.on the question whether or not an appeal lay against the collector's order dated 24-9-82, shri gagrat referred to the preamble to that order, which was in the usual form, indicating that an appeal would lie to the tribunal. .....

G. Unnikrishnan Nair Vs. The State of Kerala

Court : Kerala

..... (3) notwithstanding anything contained in sub section (1) or sub-section (2) it shall not be necessary to give an opportunity to the committee to state its objections and to consult the unions and financing banks, in cases where the registrar is of the opinion that it is not reasonably practicable to do so, subject however to the condition that in such cases the period of supersession shall generally be for six months and in case a new committee, ..... as the impugned order results in the supersession of a body elected to achieve social and economic democracy with emphasis on weaker section of the society, as the preamble of he act itself depicts, a close look at the powers of the functionaries instrumental in over-turning an elected body is of paramount importance. ..... in paragraph 5 of the judgment, this court found that a copy of the notice issued under sub section 1 of section 32 of the act was sent to the financing bank and secretary of the co-operative union and apart from sending a copy of the notice, no further request or direction was made. ..... shall from the date of order of such supersession stand disqualified to contest in the election to or to be nominated to the committee of any society or to be appointed as an administrator in any society for two consecutive terms] (2) the registrar shall consult the financing bank and circle co-operative union or state co- operative union as the case may be before passing an order under sub-sec.(1). .....

Ram Manorath, Vs. Surya Pal S/O Bodal and ors.

Court : Allahabad

Reported in : 2007(3)AWC2396

..... there advantages resulting from consolidation of holdings are intended to encourage the development of agriculture and larger production of food grains, which is the necessity of the day.the preamble of the act reads:an act to provide for the consolidation of agricultural holdings in uttar pradesh for the development of agriculture.whereas it is expedient to provide for the consolidation of agricultural holding in uttar pradesh for the development of ..... a perusal of the statement of objects and reasons and the preamble will clearly establish that the intention of the legislature was to provide for consolidation of agricultural holdings for the development of ..... state : air1963all29 , that a preamble is a key to the interpretation of an act and can be used to know the aims and objects of the ..... considering the preamble, object of the act and other relevant provisions of ..... consolidation of holding act was enacted as mentioned in the preamble is to provide consolidation of agricultural holdings in uttar pradesh for the development of ..... statement of objects and reasons can be referred to for the limited purpose of ascertaining the conditions prevailing at the time which actuated an act to be passed and the extent and urgency of the evil which it sought to remedy. ..... : air1959sc564 , the supreme court made the following observations:the object of the act is to allot a compact area in lieu of scattered plots to tenure-holders so that large scale cultivation may be possible with all its attendant .....

Parekh Prints Vs. Union of India

Court : Delhi

Reported in : 45(1991)DLT456; 1992(37)ECC78; 1991LC167(Delhi); 1992(62)ELT253(Del); ILR1992Delhi304

..... the additional excise duties like auxiliary excise duty and special excise duty were being levied by parliament under different finance acts and not by way of amendments to the central excises and salt act, 1944. 42. ..... question of merger of the additional duties of excise with basic duties of excise, the finance commission recorded the objections of the states : (1) the proceeds from the additional duties of excise did not attain the level of 10.8% which it was to reach within a stipulated period though the central government expanded the coverage of the goods under the act by resorting to definitional changes; (2) many commodities were also subject to 'nil' rate ..... preamble of the act shows that distribution of the additional duties of excise is to be as per the recommendations made by the finance commission appointed under ..... resolution of the national development council passed in december 1956, the objects and reasons of the act, first (for 1989-90) and second (for 1990-95) reports of the ninth finance commission, and principles of distribution of additional duties among the states which are different than those of the basic duties of excise under the central excises and salt act, 1944 as provided there by the union duties of excise (distribution ..... of excise are not the same as those of the basic duties of excise, but those basic duties of excise are also distributed under the union duties of excise (distribution) act, 1979, on the recommendations of the finance commission. 36. .....

In Re: Ipo Investigations - Karvy

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

..... purport as they had in the ad-interim order dated april 27, 2006.4.1 the noticees contended that the whole time member of sebi, does not have powers to exercise jurisdiction under section 19 of the depositories act, as that act does not contain any enabling provision for delegating any of the power conferred by it on sebi to a whole time member.4.2 the source of power as quoted in the para 17.1 of the ad-interim ..... ad-interim order, kcpl was the rti in some of the ipos in which irregularities were brought out.as will be noted from the broad conspectus of facts, it prima facie appears that kcpl did not act in accordance with such limited role envisaged for them in the rules, but went far beyond in order to facilitate allotments to the fictitious accounts, as part of karvy group activities in the gamut of ..... refund orders.5.4 ksbl not only arranged for finance for the key operators from bhob, ahmedabad, goregaon and worli branches, but also itself provided funds through its group concern, kcl, which had financial transactions with ksbl.5.5 it was also prima facie found in para 13.153 that karvy group of companies which were acting in various capacities in the ipos joined ..... besides being an act of good faith, it is the discharging of a responsibility to protect the investors as mandated in the preamble to sebi act.4.18 as regards the objections relating to quality of evidence relied upon, such as third party statements and reports, i find that evidence is record based and inspection of .....

Smt. Asharfunisa Begum Vs. Dy. Director of Consolidation Camp at Hardo ...

Court : Allahabad

Reported in : AIR1971All87

..... the purposes of this petition, reads thus:--'5 (1) -- upon the publication of the notification under sub-section (2) of section 4 in the official gazette, the consequences, as hereinafter set forth shall, subject to the provisions of this act, from the date specified thereunder till the publication of notification under section 52 or sub-section (1) of section 6, as the case may be, ensue in the area to which the notification under sub-section (2) of section 4 relates ..... gift insofar as it concerned the bhumidhari' khatas, was void as it was not made with the previously obtained permission in writing of the settlement officer, consolidation, as required by section 5 (1) (c) (ii) of the act, and therefore, the petitioner had no title to any of the said four khatas and he accordingly dismissed her objection on october 25, 1966.the petitioner filed an appeal before the settlement officer, consolidation, who confirmed the ..... srivastava, learned counsel for the petitioner, however, urged before us that no such contingency would arise as under the meaning given to the expression 'holding in the act the whole land held by a tenure-holder as a bhumidhar even though recorded in the khitauni under different khatas would be one holding and therefore, if one khata only is transferred it would be a ..... air 1963 all 29, that a preamble is a key to the interpretation of an act and can be used to know ..... 'the preamble of the act reads:--'an act to provide for the consolidation of agricultural holdings .....

The Government of Tamil Nadu, Represented by Its Secretary to Governme ...

Court : Chennai

Reported in : (2001)1MLJ508

..... sivagnanam, learned counsel for the petitioners, submitted with particular reference to the preamble of the act and section 12(2) and 55(1) that the members of the first petitioner/sangam are government servants and therefore they are entitled to have a direction for grant of pension. ..... the commissioner, hindu religious and charitable endowments (administration) department, was to apply for the advance in the prescribed pro forma by the finance (budget-i) department, for the sanction of advance from contingency fund. ..... -section (1), the joint commissioner or the deputy commissioner may supersede the trustee.under section 27, it is stated that the trustee of a religious institution shall be bound to obey all lawful orders issued under the provisions of this act by the government, the commissioner, the joint commissioner, the deputy commissioner or the assistant commissioner.under section 28, the trustee is bound to administer the affair of the temple and to apply its fund and properties in accordance ..... of the institution concerned or by his authorised agent and submitted by him to the commissioner directly in the case of a math, and through the assistant commissioner in other cases within three months from the date of commencement of this act of from the founding of theinstitution, as the case may be, or within such further period as may be allowed by the commissioner or the assistant commissioner.under section 32, the trustee is required to furnish accounts, returns, reports, etc .....

G.S. Industrial Gases Private Limited Vs. Managing Director, A.P. Stat ...

Court : Andhra Pradesh

Reported in : 2001(5)ALD319; [2003]115CompCas787(AP)

..... preamble of the act lays down that, in order to provide medium and long time credit to industrial undertakings which fall outside the normal activities of commercial banks a central industrial finance corporation had been set up under the industrial finance corporation act ..... 'in the light of these provisions the argument of the learned counsel for the petitioners and also of the respondents is that, since the board has the general power to act on business principles with due regard to the interests of the industry, commerce and general public, therefore, whatever policy decisions they take on business principles after having due regard to the ..... therefore, we hold that the 'one time settlement' scheme promulgated by the state finance corporation is constitutionally valid and do not in any way come under mischief of article 14 of the ..... general duty of the board :--the board in discharging its functions under this act, shall act on business principles, due regard being had by it to the interestsof industry, ..... managing director of the petitioner-company was called by the respondent, he failed to appear, therefore after exercising all options the respondents passed an order under section 29 of the state financial corporations act on 10-12-1999 with a view to safeguard the interests of the petitioner and the respondent-corporation.10. ..... the petitioner contended that they installed a factory at industrial development area, pattancheru in the year 1983 and established a small scale industry. .....