Judgment Search Results Home > Cases Phrase: finance act 1987 section 91 amendment of section 42 Sorted by: recent Court: chennai Page 6 of about 410 results (0.200 seconds)

Agarwal Finance Co. Vs. Income-tax Officer.

Court : Chennai

Reported in : [1990]33ITD228(Mad)

..... further clarified beyond the pale of any controversy, by reason the amendment made by finance act, 1989, with retrospective effect from 1-6-88. ..... 1.6.1988 by finance act, 1988 also is of no avail as that amendment also comes into ..... the learned departmental representative, on the other hand, brings to our notice that the provisions for section 263 have been amended by inserting explanation (b) which runs as follows :'explanation : for the removal of doubts, it is hereby declared that, for the purpose of this sub-section an order passed by the assessing officer (on or before or after the 1st day of june, 1988) ..... the claim of the assessee that the amendment made to section 263 by insertion of clause (b) defining the word 'record' which came into effect from 1-6-1988, will not be available to the revenue, ..... 'since the word 'record' includes and shall be deemed always to have included all records relating to any proceeding under the act available at the time of examination by the commissioner, the results of survey undertaken by the department should also be taken as ..... the relevant information and material was available before the ito while completing the assessment under section 143(3), the ito could not be said to have committed any error in making ..... not rely on record, which came into the possession of the department after completion of the assessment, it is contended that he had no jurisdiction to act under section 263 by taking into account the results of the survey. ..... : [1987]164itr639(patna .....

Rathinammal Vs. Manickam

Court : Chennai

..... the complainant being not present, it is not necessary in all cases that the accused shall be acquitted for the absence of parties either on a single day or for two or three occasions, especially, (in a case under section 138 of n.i.act) and the complaint should not be dismissed in the interest of delivering substantial justice. ..... be known that, once again on 01.06.2016, the appellant/complainant and the respondent/accused remained absent and a petition under section 317 was filed before the trial court and the same was allowed. ..... be noted that the appellant/complainant filed a complaint in s.t.c.no.14 of 2007, on the file of the trial court on 08.01.2007 (for an offence under sections 138 and 142 of negotiable instruments act, 1881) and was disposed on 22.08.2016. 7. ..... in this regard, the trial court can exercise its sound judicial discretion, and shall act as it deems fit and proper, based on the facts and circumstances of a given case, which float ..... be borne in mind that, a 'court of law' has to exercise its discretion, as per section 256 of the criminal procedure code (in short, cr.p.c. ..... (prayer: criminal appeal, filed under section 378 of criminal procedure code to set aside the order of dismissal, dated 22.08.2016, passed in s.t.c.no.14 of 2007, on the file of the judicial magistrate no.ii, mettur ..... sides, petitions under sections 256 and 317 cr.p.c ..... , both the parties are directed to appear without absenting themselves and file a petition (s) either under section 256 or 317 cr.p.c. .....

K.M. Raju Vs. Javed Sait

Court : Chennai

..... while it is true that the defendant has examined one mani as dw2 with a view to establish the alleged finance transaction, the said mani has admitted that he worked as driver under the defendant, i find that his oral testimony is interested testimony and is unsafe to rely upon the same. 12. ..... in the written statement, the defendant would claim that the plaintiff had agreed to pay a sum of rs.2,35,000/- to nagar finance and an agreement was entered into to that effect on 5.5.2002. 5. ..... .b1 to b4, the learned counsel would contend that the fact that the parties had financial transaction between them has been established and the plaintiff as pw1 has admitted that he introduced the defendant to nagar finance to enable him to purchase vehicles on hire. ..... whether the plaintiff has been ready and willing to perform the part of the contract as required under section 16 of the specific relief act? 3. ..... whether the plaintiff has to release the vehicle from nahar finance as stated by the defendant? 4. ..... she also relied upon certain admissions made by the plaintiff as pw1 in his oral evidence, wherein he says that he had introduced the defendant to nagar finance and he would also admit his relationship with nagar finance. ..... (prayer: this appeal is filed under section 96 of c.p.c. .....

The Secretary to Government School Education Department, Fort St. Geor ...

Court : Chennai

..... thereafter, he made an application to amend the prayer and the amended prayer is to quash the impugned government letter dated 07.03.2007 rejecting the proposal of the second appellant to regularize his services and for a consequential direction to the first appellant to regularize his services with all consequential ..... (md)no.10915 of 2007 was allowed on 03.12.2012 by this court holding that the act of the first appellant in rejecting the claim of the writ petitioner therein amounts to discrimination, since the regularization of other similarly placed persons was done in g.o. ..... (1d).no.46, education department, dated 08.02.2000 read with g.o.ms.no.52, finance (fr-ii) department, dated 14.01.1997, with all attendant benefits. .....

M.K. Stalin, Leader of Opposition and Member of Legislative Assembly V ...

Court : Chennai

..... asterisk mark; another letter from the university grants commission was also exhibited in this regard in letter no.f.2-2/91 (mpc) pt.1 of march 2012, which stated that bspu, is not an established university / institution, by either state act or central act or provincial act or an empowered institution by an act of parliament to confer or grant degrees; in this regard, a letter has been sent to the bar council of india and the university grants commission; in view of the investigation pending against the fifth respondent, he was ..... counsel for both sides, the following questions emerge for consideration in this writ petition and this court is of the view that answering the same would suffice as substantive pronouncements on the subject:- (i) whether the act of the first respondent, in passing the impugned order, reverting the fifth respondent back to the parental department, without the consent of the petitioner, is legally sustainable? ..... public orders made by public authorities are meant to have public effect and are intended to affect the actings and conduct of those to whom they are addressed and must be construed objectively with reference to the language used in the order itself. ..... further, the materials available on record would show that the upgradation and appointment of the fifth respondent were cleared by three departments, namely, the personnel and administrative reforms department, legislative assembly secretariat and finance department. .....

K. Muralidharan Vs. The Chief Manager Repco Home Finance Ltd. and Anot ...

Court : Chennai

..... , reported in 2013 (6) mlj 641, that the district magistrate, thanjavur alone is the competent authority to pass orders under section 14 of the sarfaesi act, 2002 and not the chief judicial magistrate and the innocuous reply of the respondent bank, not touching upon the jurisdictional aspect and further inviting the attention of this court to the ..... has not explained as to how the judgment of the hon'ble full bench is not applicable to the facts of the case, but, has filed a counter affidavit stating that the petition under section 14 of the sarfaesi act, 2002 was filed in october 2012, and that therefore the judgment cited supra, is not applicable to this case. ..... counsel for the bank fairly submitted that the chief judicial magistrate, thanjavur has no jurisdiction to pass an order under section 14 of the sarfaesi act, 2002, when the property is situated within the jurisdiction of the district collector, thanjavur. ..... passed by the 2nd respondent and also the order of the learned chief judicial magistrate, thanjavur at kumbakonam dated 10.09.2013 made in cmp no.825 of 2013, under section 14 of the sarfaesi act, 2002. ..... the tribunal has failed to consider the above judgments in proper perspective, to the case on hand, and erroneously confirmed the order passed under section 14 of the act. 5. ..... is challenge-able by way of an appeal, in as much as, a prima facie case of a jurisdictional error has been made out, we are inclined to order notice to the chief manager, repco home finance ltd. .....

Shanmugam Vs. M/s. Sundaram Engineering Works, Rep. by its Partner Jus ...

Court : Chennai

..... relied on the admission made by the respondent/accused with the signatures and seals affixed upon ex.p1 cheque and ex.p6 pronote are that of the accused and relied on section 139 of the negotiable instruments act and drawn presumption against the respondent and convicted the accused against which, the aggrieved party/respondent/accused herein filed appeal before the district and sessions court. ..... two signed unfilled pronotes one being ex.p6 and ex.p1 signed unfilled cheque and other cheque in cheque no.254973 as evidenced in ex.d4 counterfoil, as the proof required to tilt the presumption u/s.139 of the negotiable instruments act 1981 is only preponderance of probability, the accused have proved their case on preponderance of probability that the disputed cheque leaf marked under ex.p1 should have been given to the chit fund company when it was blank ..... the trial court after considering oral and documentary evidence, came to the conclusion that the complainant has proved the case and the second accused was found guilty u/s.138 of negotiable instruments act and the trial court has convicted the accused and passed sentence to undergo simple imprisonment for one year and to pay a fine of rs.10,000/- and in default, the second accused has to ..... the burden of proof on the complainant which is contrary to the statutory provisions in favour of the complainant especially when the accused had not produced any document to show that the alleged finance availed from the sivakrisha chit (p) ltd. .....

M/s. Veesons Energy Systems Pvt., Ltd. Rep. By its Managing Director T ...

Court : Chennai Madurai

..... , in the case of a sick industrial company having more than one secured creditor or being jointly financed by secured creditors representing 60 percent or more in value of the amount outstanding as on a record date wish to exercise their rights to enforce their security under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, section 22 of the sick industrial companies (special provisions) act, 1985, being inconsistent with the exercise of such rights, will have no play." 9. ..... article 226 of the constitution of india to issue a writ of certiorari calling for the records of the second respondent in the impugned notice dated 04.08.2015 and to quash the same, being in derogation of the provisions of the sarfaesi act, the classification of npa being contrary to the reserve bank of india guidelines, arbitrary exercise and failure to consider corporate debt restructuring (cdr) in terms of the guidelines of reserve bank of india, by forbearing the respondents from in any ..... interestingly, section 41 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 makes amendments in three acts the companies act, the securities contracts (regulation) act, 1956, and the sick industrial companies (special provisions) act, 1985. .....

The Commissioner, Corporation of Chennai Vs. The State of Tamil Nadu, ...

Court : Chennai

..... in the light of the above discussion, when the officials of the appellant corporation have failed to discharge their duties enjoined on them, by chennai city municipal corporation act, 1919, in section 259 of the act, which mandates the corporation to cut and remove dangerous trees, even if they were standing in a private place and when one of them fell on a car, resulting in ..... contending that there was no complaint in respect of the tree under which the petitioner's husband got crushed and suffered the fatal accident and died cannot entitle them to raise a plea of vis major (act of god) and, therefore, in absence of any defence, there can be no hesitation on the part of the respondents to arrive at a conclusion that the falling of the tree was due to ..... fixed on the electricity board and that writ petition cannot be entertained, as there was dispute regarding negligence on the part of the board and that the accident was an act of god, beyond the control of electricity board, upon consideration of the medical evidence, which proved that the death was due to electrocution, at paragraphs 11 to 14, hon'ble mr.justice ..... it is generally understood in a civil action for damages under the private law but in the broader sense of providing relief by an order of making 'monetary amends' under the public law for the wrong done due to breach of public duty, of not protecting the fundamental rights of the citizen. ..... 1987 ker 62, hon'ble mr.justice k.t.thomas, has dealt with the plea of "act ..... air 1987 .....

M. Palaniappan and Another Vs. Nachimuthu

Court : Chennai

..... /98 and after it was vehemently contested, it has come to be dismissed and it was held that the first defendant is not entitled to put forth fresh pleas, which are not in answer to the fresh matter introduced by the amendment of the plaint and be inconsistent with the pleas previously put forth by him in the written statement and the first defendant, threw a challenge to the above order passed by the high court in the above mentioned ..... , the first defendant signed the above said empty stamp papers, pro-notes, white sheets and as arumuga gounder had not paid the loan amount, it appears that the partners of the above said finance company had created the suit sale agreement fraudulently by misusing the stamp papers and white sheets, wherein, the first defendant had signed and put his signature and ltis. ..... not send any further reply and also, did not come forward to perform his part of the contract and therefore, the plaintiff sent another notice dated 03.07.1987 to the first defendant and even on receipt of the same, the first defendant failed to act, as per the terms of the agreement of sale and even though the plaintiff was ready and willing to perform his part of the contract and had also purchased ..... a perusal of the above said decisions would go to show that when the son inherits the property, as per section 8 of the hindu succession act, 1956, he does not take it as kartha of his own undivided family, but take it in his individual capacity. .....