Court : Supreme Court of India
..... the said section was inserted by finance act no.2 of 1998 with effect from 1st april, ..... of jewellery, furniture or any other article as the board may, by notification in the official gazette, specify, for any period during the previous year otherwise than in any one or more of the forms or modes specified in sub-section (5) of section 11: provided also that where the fund or institution referred to in sub- clause (iv) or trust or institution referred to in sub-clause (v) is notified by the central government or any university or other educational institution referred to in sub-clause (vi) or any hospital ..... under the twelfth proviso, the pa is required to examine cases where an applicant does not apply its income during the year of receipt and accumulates it but makes payment therefrom to any trust or institution registered under section 12- aa or to any fund or trust or institution or university or other educational institution and to that extent the proviso states that such payment shall not be treated as application of income to the objects for which such trust or fund ..... now consider the effect of insertion of provisos to section 10(23-c)(vi) vide the finance (no.2) act, 1998. ..... (supra) and while applying the said judgment including the judgment which had been rendered by hon'ble the supreme court in the case of children book trust (supra), it lost sight of the amendment which had been carried out with effect from 1st april, 1999 leading to the introduction of the provisions .....
Tag this Judgment!Court : Supreme Court of India
..... depository receipts (gdrs) and/ or american depository receipts (adrs), provided the indian company issuing such shares (a) has an approval from the ministry of finance, government of india to issue such adrs and/or gdrs or is eligible to issue adrs/ gdrs in terms of the relevant scheme in force or notification issued by the ministry of finance, and (b) is not otherwise ineligible to issue shares to persons resident outside india in terms of these regulations, and (c) the adrs/gdrs are issued in ..... of securities, foreign institutional investor or credit rating agency immediately before the commencement of the securities laws (amendment) act, 1995, for which no certificate of registration was required prior to such commencement, may continue to buy or sell securities or otherwise deal with the securities market until such time regulations are made under clause (d) of sub-section (2) of section 30. ..... the counter affidavit filed on behalf of the first respondent, it is stated that the said respondent s name has been changed and is now known as global finance & capital limited, having its office international corporate house, monster house, 42 mincing lane, london and represented by its executive officer ms. ..... that (a) the restriction under this paragraph shall not apply i) in respect of shares held in such a company by international finance corporation (ifc), the deustche entwicklungs gescelschaft (deg), the commonwealth development corporation (cdc) and asian development bank (adb). .....
Tag this Judgment!Court : Supreme Court of India
..... memorandum 1993-94 and 1994-95 were to give effect to the budget proposals duly passed and legislated by the parliament and rectify the erroneous tariff rates prescribed by the tru department in the customs tariff act, finance bill and finance act for 1993-94 and 1994-95; budget proposals announced by the fm in the parliament are duly passed and/or approved by the parliament, no person, executive, bureaucrat or any authority or court of law has ..... the high court, we deem it appropriate to extract the same hereunder: (1) a writ of mandamus directing the first and second respondents to issue a notification under section 25(1) of the customs act, 1962, in order to exempt goods falling under tariff heading 2208.10 so as to give effect to the budget proposal announced by the finance minister in parliament for financial years l993-94 and 1994-95; (2) a direction to the chief commissioner of customs to finalize assessment of the eight bills of entry ..... per section 159 of the act, any notification issued under section 25 shall be placed before the parliament and the parliament may amend or ..... before this court, the appellant has amended the reliefs and sought for the following reliefs: (1) direct the respondents to perform their duty to issue suitable notification to rectify the erroneous rate of duty prescribed on sub-heading 2208.10 and ..... issued generally in the larger public interest, the legislature has given the power to exempt duty to the 2nd respondent subject to the amending power. .....
Tag this Judgment!Court : US Supreme Court
..... due de broglie, the french minister of foreign affairs, apprizing him of the contents of the dispatch from the state department, and informing him that the bill would probably be presented in a day or two at the department of finance, and assuring him that the assignee had full power from the president of the united states to give the necessary receipt and acquittance to the french government, according to the treaty. ..... and this i understand to have been the uniform mode of proceeding under the statute by the merchants of maryland under the 1st and 3d sections of the act, nor does it appear by the books of reports of that state that this interpretation by businessmen has ever been questioned in the courts of justice there ..... the answer of the cashier of the central money chest of the public treasury was "that having had the orders of the minister, secretary of state for the department of finance, he was instructed to say that diplomatic treaties, which impose engagements on the french treasury to be discharged, do not become obligatory upon it until the chambers have sanctioned the financial dispositions which are therein ..... on 7 february, 1833, the secretary of the treasury of the united states drew the following bill on the minister and secretary of state for the department of finance of the french government: "sir: i have the honor to request that at the sight of this my first bill of exchange (the second and third of the same tenor and date unpaid) you will be pleased to pay to .....
Tag this Judgment!Court : US Supreme Court
..... are used; (3) discriminating against dealers not using gmac by refusing to deliver cars when ordered, delaying shipment, and shipping cars of different number, model, color and style; (4) compelling dealers to disclose how they finance their wholesale purchases and retail sales, examining and inspecting dealers' books and accounts in order to procure this information, and requiring dealers to justify their using other ..... financing media; (5) giving special favors to dealers using the wholesale and retail facilities of gmac; (6) granting special favors to gmac which are denied to other discount companies; (7) giving dealers a rebate from the gmac finance charge paid by the retail purchaser in order to induce use of gmac financing facilities, and (8) compelling dealers to refrain from using other finance companies by all other necessary, appropriate or effective ..... the criminal appeal, the court of appeals thus reviewed his testimony: "fred emich was a chevrolet dealer at chicago, illinois, from 1932 to 1936, and he owned his own finance company to facilitate his purchases and sales, a course of business conduct which displeased gmac. ..... 35 states that the purpose of the defendants was to monopolize and control the business of financing the trade and commerce in new and used general motors automobiles. ..... it was not necessary for the government to prove all of the acts alleged in the separate sections of the indictment. . . . .....
Tag this Judgment!Court : US Supreme Court
..... association: provided, that such association does not, either in the united states or elsewhere, enter into any agreement, understanding, or conspiracy, or do any act which artificially or intentionally enhances or depresses prices within the united states of commodities of the class exported by such association, or which substantially lessens competition within the united states or otherwise restrains trade therein. ..... states that aid "may decline to finance any specific commodity or service when, in its judgment, such financing would be inconsistent with the purposes of this grant or of the foreign assistance act of 1961, as amended. ..... , the agency for international development (aid), the state department agency in charge of the foreign aid program, amended its regulations to preclude webb-pomerene associations from bidding on certain procurement contracts whenever procurement was limited to united states ..... [ footnote 2 ] "nothing contained in sections 1-7 of this title shall be construed as declaring to be illegal an association entered into for the sole purpose of engaging in export trade and actually engaged solely in such export trade, or an agreement made or act done in the course of export trade by such association, provided such association, agreement, or act is not in restraint of trade within the united states, and is not in restraint of the export trade of any domestic competitor of such ..... section 1 of the act .....
Tag this Judgment!Court : US Supreme Court
..... did not establish that the action could be maintained on behalf of natural persons with incomes over $10,000, but an action could be maintained for those who earn less than $10,000 and who signed consumer financing or lease contracts containing cognovit provisions; there was no intentional waiver of known rights by members of that class in executing confession of judgment clauses; and no judgment by confession might be entered after november 1, 1970, as to a member of the recognized ..... 191 appeal from the united states district court for the eastern district of pennsylvania syllabus appellants (hereafter plaintiffs), purporting to act on behalf of a class consisting of all pennsylvania residents who signed documents containing cognovit provisions leading, or that could lead, to confessed judgments in philadelphia, brought this action challenging the pennsylvania system as unconstitutional on its face as violative of ..... we refuse to let confessions of error conclusively govern the disposition of cases, acting only after our examination of the record. ..... it has been said that his power is derived from the instrument under which he acts, and not from his office, smith v. ..... 1970 (which, by the act of june 21, 1937, pa.laws 1982, have the effect of state statutes); act of apr. ..... the plaintiffs purport to act on behalf of a class consisting of all pennsylvania residents who have signed documents containing cognovit provisions leading, or that could lead, to a confessed judgment in philadelphia .....
Tag this Judgment!Court : US Supreme Court
..... money in the general account may be transferred to the administrative fund (the federally contributed money being specially set aside for this purpose, 550(3)) or used to finance refunds, the payment of benefits to certain employees who move into new york from out of state, and claims against "employer accounts" that show negative balances. ..... the question presented is whether the national labor relations act, as amended, implicitly prohibits the state of new york from paying unemployment compensation to ..... own extent of territory is so great, and our enterprises so dissimilar in far-flung sections, that we should, at least for a time, experiment in 48 separate laboratories. ..... the report's section entitled 'outline of federal act' concludes with the statement:" " the plan for unemployment compensation that we suggest contemplates that the states shall have broad freedom to set up the type of unemployment compensation they ..... " subsection(1) of that section, entitled "industrial controversy," provides: "the accumulation of benefit rights by a claimant shall be suspended during a period of seven consecutive weeks beginning with the day after he lost his employment because of a strike, lockout, or other industrial ..... [ footnote 3 ] section 592 (mckinney 1977) is entitled "suspension of accumulation of ..... section 591(1) is not a "state la[w] regulating the relations between employees, their union, and their employer," as to which the reasons underlying the preemption doctrine have their " .....
Tag this Judgment!Court : US Supreme Court
..... congress' intent to supersede state law altogether may be inferred ,because "[t]he scheme of federal regulation may be so pervasive as to make reasonable the inference that congress left no room for the states to supplement it," because "the act of congress may touch a field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject," or because "the object sought to be obtained ..... 141 appeal from the court of appeal of california, fourth appellate district syllabus section 5(a) of the home owners' loan act of 1933 (hola) empowers the federal home loan bank board (board), under such regulations as it may prescribe, to provide for the organization, operation, and regulation ..... . germain, chairman of the subcommittee on financial institutions supervision, regulation, and insurance of the house committee on banking, finance, and urban affairs and chief sponsor of the bill, agreed: "this restriction applies only to converted mutual savings banks, and congress in no way intends to interfere with the longstanding, ..... representative hanley introduced an amendment providing that those mutual savings banks opting to convert to federally chartered institutions would continue to be subject to state law pertaining to lending discrimination and to regulations imposed under the consumer credit protection act, 82 stat ..... . 3641, congress amended 5(a) of the hola to permit state ..... ..... ..... amended ..... as amended, 12 ..... amended .....
Tag this Judgment!Court : US Supreme Court
..... having concluded that the pacs' expenditures are entitled to full first amendment protection, we now look to see if there is a sufficiently strong governmental interest served by 9012(f)'s restriction on them, and whether the section is narrowly tailored to the evil that may legitimately be regulated. ..... (b)(1) -- which authorizes the fec, "the national committee of any political party, and individuals eligible to vote for president" to institute such actions "as may be appropriate to implement or con[s]true any provisions of [the fund act]" -- to seek the requested declaratory relief, but that the democrats and the fec were not entitled to a declaration that 9012(f) is constitutional. ..... 480 appeal from the united states district court for the eastern district of pennsylvania syllabus the presidential election campaign fund act (fund act) offers the presidential candidates of major political parties the option of receiving public financing for their general election campaigns. ..... the fund act provides major party candidates the option of accepting public financing, drawn from a fund composed of voluntary checkoffs from federal income tax payments, and forgoing all private ..... footnote 3 ] in these cases, we consider provisions of the fund act that make it a criminal offense for political committees such as ncpac and fcm to make independent expenditures in support of a candidate who has elected to accept public financing. ..... the candidate elects public financing, the act, in 26 u.s.c. .....
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