Judgment Search Results Home > Cases Phrase: finance act 1995 chapter i preliminary Page 4 of about 1,614 results (0.081 seconds)

M. Kanagasabapathy Vs. the Special Officer,

Court : Chennai

Reported in : (2008)1MLJ270; 2007(5)CTC392

..... chapter i is preliminary of the act containing two sections containing short title and commencement, its application and coming into force of the act apart from the ..... while the finance act empowers the state to levy all commercial taxes generally, the sugarcane act empowers the levy of purchase tax only ..... , there can be no doubt that the legislature intended to enact a special enactment for the purpose of levy of purchase tax with reference to sugarcane under the sugarcane act to the exclusion of such levy under the finance act. ..... had intended to accord the levy on sugarcane a special treatment vis-a-vis the levy of purchase tax on other items, and a further endeavour will have to be made to find out whether section 49 of the sugarcane act excludes the applicability of the levy under section 4 of the finance act. ..... mind this basic principle, we will have to examine the provisions of the two acts to find out whether it is possible to construe harmoniously the provisions of section 4 of the finance act and section 49 of the sugarcane act. ..... this chapter starts from the address of societies, finance management of the funds of the society, its shares, recovery of moneys due to the society as arrears of land revenue, exemption from compulsory registration of the instruments, stamp duty and ..... investment corporation of india : [1993]1scr340 where there was inconsistency between two special laws, the finance corporation act, 1951 and the sick industries companies (special provisions) act, 1985. .....

Amitava Bhattacharya and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

..... refuse to enter into relationship with anyone, yet if it does so, it cannot arbitrarily choose any person it likes for entering into such relationship and discriminate between persons similaily circumstanced, but it must act in conformity with some standard or principle which meets the test of reasonableness and non-discrimination and any departure from such standard or principle would be invalid unless it can be supported or justified ..... shall, as soon as may be after it is made, be sent by the central government to the concerned indian insurance company who shall, on receipt of such copy, and notwithstanding anything contained in the companies act or in its articles of association, forthwith rectify its register of members by including therein the persons mentioned in the notification as the holders of the shares specified therein;(5) for the removal of doubts it is hereby ..... , proceeded to examine whether the life insurance corporation and the industrial finance corporation would come within the ambit of ' state ' and held as follows:the relevant provisions of the life insurance corporation act have been very clearly analysed in the judgment of my lord the ..... the other respondents raised some preliminary objections as to the maintainability ..... of an acquiring company shall be deemed to be a public servant for the purpose of chapter ix of the indian penal code.section 32. ..... .the respondent-company shall be deemed to be public servant for the purpose of chapter ix of the indian penal code. .....

Madan Mohan Samantray Vs. Union of India (Uoi) and ors.

Court : Orissa

Reported in : [1991]188ITR306(Orissa)

..... there is no doubt that section 293, as it stood prior to its amendment by the finance act of 1988, did not bar the jurisdiction of the civil court expressly in respect of an order passed under chapter xxa of the income-tax act and that is why the legislature brought in the expression 'any proceeding taken or order made' ..... since section 293 of the income-tax act, as it stood prior to its amendment by the finance act of 1988, did not specifically bar the jurisdiction of the civil court to examine the validity of an order in the acquisition proceedings under chapter xxa of the income-tax act, the civil court will have the jurisdiction to decide the question as to whether the collateral fact for conferring jurisdiction on ..... that the tribunal cannot give themselves jurisdiction by wrongly deciding certain facts to exist, because the legislature gave them jurisdiction to determine all the facts, including the existence of the preliminary facts on which the further exercise of their jurisdiction depends ; and if they were given jurisdiction so to decide, without any appeal being given, there is no appeal from such exercise of their jurisdiction.'14. ..... legislature may entrust the tribunal or body with a jurisdiction, which includes the jurisdiction to determine whether the preliminary state of facts exists as well as the jurisdiction, on finding that it does exist, to proceed further ..... was filed on august 19, 1980, that the preliminary issue regarding jurisdiction for trying the suit should .....

Gujarat State Khadi Gramodyog Board Vs. Gujarat State Khadi Gramodyog ...

Court : Gujarat

Reported in : (2005)1GLR24

..... the revision of pay scales and pensionary benefits, on the basis of revision of pay scales and pensionary benefits, on the basis of the recommendations of 5th central pay commission respectively, under the resolution, finance department, dated 20th november, 1997, and, upon acceptance of the recommendations of the said committee, which had issued the state government to follow the government of india's orders in respect of the provisions ..... examines the record on hand, it becomes, factually, very evident that the respondent no.1 board, in so far as the employees's working terms and conditions are concerned, the 100% finance is by the government till 1996-97, the entire financial burden emanated out and borne by it for the establishment creations, maintenance and up keeping remained with the government, as per the ..... or more board to carry on such objects, the legislative enactment came to be made in exercise of the powers conferred by sub section (1) read with clause (b) of sub section (2) of section 30 of the act and with previous approval and sanction of the state of government, under letter dated 12th november,1973, the rules and regulations came to be notified known as, gujarat rajya khadi gramodyog board officers and servants ..... chapter i of the act deals with the preliminary contents, commencement and definition ..... those who have retired from service of the board, got pensionary benefits but not in terms of the recommendations made by the 5th pay commission report until 31.12.1995. .....

Mr. Rajesh Bhalchandra Chalke Vs. M/S Emco Dynatorq Pvt. Ltd.

Court : Mumbai

..... it is not difficult to see that 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 cause inordinate delay in its conclusion and to make the trial procedure ..... code of criminal procedure, 1973, it is open to the magistrate to rely upon the verification in the form of affidavit filed by the complainant in support of the complaint under section 138 of the negotiable instruments act, 1881 and the magistrate is not obliged to call upon the complainant to remain present before the court, nor to examine the complainant or his witnesses upon oath for taking the decision whether or not to issue ..... that is why the legislature prescribed procedure for dispensing with the stage of preliminary evidence in the form of examination of complainant under section 200 crpc and achieved this object by providing at the commencement of section 145(1) of ni act, "notwithstanding anything contained in the code of criminal procedure, 1973", which would include section 200 ..... recommendations of the standing committee on finance and other representations, it has been decided to bring out, inter alia, the following amendments in the negotiable instruments act, 1881, namely :-..... ........ ...... ..... finance ltd ..... finance ltd .....

J. Venkatesh Reddy and Others Vs. The State of Karnataka, Represented ...

Court : Karnataka

..... the office of karnataka industrial areas development board in the matter of land acquisition proceedings vide notification under section 28[1] dated 13.03.2012 and notification dated 04.12.2012 and quash the preliminary notification dated 13.3.2012 under section 28[1] of karnataka industrial areas development board act 1966 at annexure-c and final notification dated 4.12.2012 under section 28[4] at annexure-d duly gazetted and published form the office of respondent no.1 in respect of petitioners lands being fertile agricultural garden ..... as an industrial area, by the state government under the karnataka industrial areas development act, 1966 (karnataka act no.18/1996) and also the provisions of sections 28 to 31 in chapter vii in the said act relating to acquisition and disposal of land for the purpose of development of industries in such industrial areas notified under section 3 of the act, is questioned as the said provisions are repugnant to the provisions of the 2013 act (central act no.30/2013), which provides for acquisition of land for infrastructure projects, which ..... the central government would create the enabling policy frame work, provide incentives for infrastructure development on a public private partnership (ppp) basis through appropriate financing instruments, and state governments would be encouraged to adopt the instrumentalities provided in the policy. ..... state of andhra pradesh, air 1995 sc 807 in this respect. .....

J Venkatesh Reddy Vs. The State of Karnataka

Court : Karnataka

..... the office of karnataka industrial areas development board in the matter of land acquisition proceedings vide notification dated 13.03.2012 and 04.12.2012; quash the preliminary notification dated 13.3.2012 under section 28(1) of the karnataka industrial areas development board act 1966 at annexure-c and final notification dated 4.12.2012 under section 28(4) at annexure-d duly gazette and published from the office of first ..... writ petition is filed under articles 226 and 227 of the constitution of india praying to call for the records which ultimately resulted issuing both preliminary and final notifications vide annexure-a & b respectively; quash the impugned preliminary notification dated 13.03.2012 vide annexure a and final notification dated 04.12.2012 vide annexure b as illegal and quash the same in so far ..... government under the karnataka industrial areas development act, 1966 (karnataka act no.18/1996) and also the provisions of sections 28 to 31 in chapter vii in the said act relating to acquisition and disposal of land for the purpose of 60 development of industries in such industrial areas notified under section 3 of the act, is questioned as the said provisions are repugnant to the provisions of the 2013 act (central act no.30/2013), which provides for acquisition ..... incentives for infrastructure development on a public private partnership (ppp) basis through appropriate financing instruments, and state governments would be encouraged to adopt the instrumentalities provided in .....

Forum For Peoples Collective Efforts (fpce) Vs. The State Of West Beng ...

Court : Supreme Court of India

..... , the division is as follows: chapter i preliminary chapter ii registration of real estate projects and registration of 14 part d real estate agents chapter iii functions and duties of promoters chapter iv rights and duties of allottees chapter v the real estate regulatory authority chapter vi central advisory council chapter vi the real estate appellate tribunal chapter vii offences, penalties and adjudication chapter ix finance, accounts, audits and reports chapter x miscellaneous (iv) rera mandates the registration ..... part g management and transfer) act, 1963 karnataka ownership flat (regulation of the 29.06.1973 promotion of construction, sale, management and transfer) act, 1972 gujarat ownership flats act, 1973 28.06.1973 andhra pradesh apartments (promotion of 15.05.1987 construction and ownership) act, 1987 west bengal (regulation of promotion of 09.03.1994 construction and transfer by promoters) act, 1993 punjab apartment and property regulation 02.08.1995 act, 1995 the above state laws covered certain ..... estate agent; (b) creation of a single window system for ensuring time bound project approvals and clearances for timely completion of the project; (c) creation of a transparent and robust grievance redressal mechanism against acts of ommission and commission of competent authorities and their officials; (d) measures to encourage investment in the real estate sector including measures to increase financial assistance to affordable housing segment; (e) measures to encourage .....

Wood Craft Products Ltd. Vs. Collector of C.Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1989)(22)ECC86

..... shri d.n.mehta, learned advocate for the appellant-applicants wanted to argue on the preliminary objection and the matters were adjourned to 13.1.1989.on 13.1.1989, when the matters were called, shri mehta made a request for adjournment on the ground that he wanted time to rectify the defect ..... irregularity in presenting the appeal, namely, that the appeal was accompanied by only one set of the three items mentioned in rule 3 of chapter 2-c of the civil procedure code which requires that three sets should be filed. ..... fresh appeals have now been filed duly signed by the vice-president (finance) of the appellant-company.the learned advocate for the appellant-applicants has made an oral prayer during the hearing before us that rectification of the defect sought to be done by the appellant ..... that the appellant-applicants had rectified the defect by filing fresh appeals duly signed by the vice-president (finance) of the company and the same were presented in the registry on 9.2.1989. ..... he would like to contest the preliminary objec- tion of the learned ..... shri gupta raised a preliminary objection stating that earlier, appeals filed by the appellant-applicants being defective, should be dismissed and the present appeals should be taken on record after condoning the delay, if there is ..... that sub-section (6) of section 35-b of the central excises and salt act is a procedural provision. ..... an authorised person on those appeals as required under section 35-b(6) of the central excises and salt act. .....

The State of Maharashtra Vs. Iqbal Mohammed Memon and Others

Court : Mumbai

Reported in : 1999(5)BomCR752

..... that amongst several officers, who are empowered and required to assist the administrator appointed under section 68-g for managing the properties which are seized or forfeited under the said chapter, one of the officers could be an officer of the state government as specified by the central government by a notification in the official gazette as provided by clause ..... of the properties which are forfeited in accordance with the provisions of chapter v-a of the act vest in the central government which has to credit the proceeds to ..... information supplied byone tek chand dolwani to the additional custodian of evacueeproperty, the latter started proceedings under the bombay evacuees (administration of property] act, 1949 against one aboobaker.the additional custodian, after recording the statement ofaboobaker and examining the evidence produced by tek chanddolwani, held that the ..... however, since the order of detention could not be executed, a proclamation was issued by the chief metropolitan magistrate, esplanade, bombay, on 12th january 1995 under section 82 of the code of criminal procedure, 1973 to the effect that the state of maharashtra had reason to believe that the detenu had absconded or was concealing ..... by the state of maharashtra, we must deal with the preliminary objection raised by shri shirodkar on behalf of respondents no. ..... end of each financial year, to cause to be published in the official gazette a report giving an account of the activities financed under section 7-a.10. .....