Judgment Search Results Home > Cases Phrase: finance act 2011 central chapter vi miscellaneous Page 1 of about 6,985 results (0.111 seconds)

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

..... of this part. the aforesaid provisions stipulate that without prejudice to any other power to make rules contained elsewhere in the part xiv of the finance act, 2017, the central government may, by notification, makes rules generally to carry out the provisions of the said part.130. reading of the said provisions indicates that ..... majority of cases are petitions for special leave to appeal under article 136.208. although the rate of admission of cases peaked at about 20% in 2011 and has fallen since then, it is still far above the marginal rate of about 1% in other comparable jurisdictions such as the supreme court of ..... (qualifications, experience and other conditions of service of members) rules, 2017 suffer from various infirmities as observed earlier. these rules formulated by the central government under section 184 of the finance act, 2017 being contrary to the parent enactment and the principles envisaged in the constitution as interpreted by this court, are hereby struck down in .....

Assam Leather Industry Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... court pointed that entry 97 in list i of the seventh schedule to the constitution provides full legislative competence to parliament in relation to the central act inasmuch as it vests all residuary powers of legislation in parliament. 104. state of karnataka v. union of india : [1978]2scr1 ..... finance corporation ltd. 18. section 4 of the act of 1993 provides for composition of tribunal. section 4 is quoted below : '4. composition of tribunal--(1) a tribunal shall consist of one person only (hereinafter referred to as the presiding officer) to be appointed by notification, by the central government ..... financing its business as such manufacturer or trader shall not be deemed to transact the business of banking within the meaning of this clause.' 16. section 2(h) defines 'financial institution' as follows : '(h) 'financial institution' means- (i) a public financial institution within the meaning of section 4a of the companies act, 1956 (1 of 1956) ; (ii) such other institution as the central .....

SadruddIn Suleman Jhaveri Vs. J.H. Patwardhan and ors.

Court : Mumbai

Reported in : AIR1965Bom224; (1965)67BOMLR101; ILR1965Bom394; 1965MhLJ290

..... follows: (1) where the executive authority was permitted, at it discretion, to apply without modification (save incidental changes such as name and place), the whole of any central act already in existence in any part of india under the legislative sway of the centre to the new area:this was upheld by a majority of six to one. ( ..... and its general powers delineated. these powers even the state government cannot take away.(79) section 19, 20 and 21 give plenary powers in the matter of finance and section 40 indicates that the government has to enter into an agreement with the corporation before placing at its disposal lands vested in the state government. the ..... the statement:-'i say that the said land is to be acquired from the funds of the maharashtra industrial development corporation which is a government of maharashtra undertaking financed by the state government from public funds and are intended to be developed from the said funds and to be subsequently dealt with by lease or sale in .....

Pesticides Mfrs. and Formulators Ascn. of India Vs. Union of India (Uo ...

Court : Delhi

Reported in : 2000(115)ELT324(Del)

..... with penal consequences. hence this petition.16. the petitioners submit that the circular was manifestly incorrect and based on the misreading of the amendments of finance act of 1996 and 1997. prior to 1996 there was no dispute with the technical grade pesticides which are usually chemically defined compounds fall under heading 38 ..... 1997 is justified.18. we have heard the counsel for the parties and also examined the relevant provisions of the central excise act, 1944 and central excise tariff act, 1985.19. the clarification issued by the central board of excise and customs under section 37b in july, 1995 stipulated that both the technical grade pesticides and ..... are pesticidal preparations shows that the technical grade pesticides must fall under chapter 38.08.35. we have also examined chapter 29 of the central excise tariff act and we make it clear that certain other separate chemically defined organic products which were otherwise classified in chapter 29 may be excluded when put .....

Leaap International Pvt. Ltd. Vs. Commissioner of Service Tax

Court : Chennai

..... order of the commissioner, central excise (13.4.2011), assessee filed appeal before cestat in st/475/2011 on the ground that there is no question of any service tax and once the dispute is on legal ..... service under section 65(19((iv) read with section 65(105)(zzb) of finance act. assessee sent a detailed reply (03.01.2011) to the show cause notice (12.01.2010). objection of the assessee was rejected and by the order dated 13.04.2011, the commissioner of central excise confirmed the demand of service tax of rs.1,38,23,529/- being ..... the service tax on the business auxiliary service rendered during the period october 2004 to december 2008 and also imposed penalty of rs.1,38,23,529/- under section 78 of finance act.4. being aggrieved by the .....

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

Court : Gujarat

Reported in : (2005)1GLR24

..... 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 ..... respondent no.1.[4] that the board has its own regulation for which specific provisions have been incorporated in chapter v of the act.[5] chapter v of the act clearly provides for finance accounts and audit and, also, provides for budget and various other aspects. section 16 of chapter v empowers the state government ..... the payment of revised pensionary benefits, based on the revised pay scales, pursuant to the 5th pay commission report is under challenge. chapter i of the act deals with the preliminary contents, commencement and definition, which may not be very material for the present. in chapter ii, the provisions are made for the .....

Devi Constructions Vs. the Commissioner of Central Excise (Appeals)

Court : Chennai

Reported in : (2008)221CTR(Mad)72; 2008[12]STR691; [2009]19STT461; (2008)18VST415(Mad)

..... of penalty under section 78 of the finance act, 1994 apart from imposing penalty f rs. 1,000/- under section 77 of the finance act, 1994.6. assailing the said order of the original authority, the petitioner has approached the respondent being the appellate authority under section 35f of the central excise act, 1944 and it is, when the ..... , passed the interim order directing payment of the entire service tax along with 50% of the penalty levied under sections 76, 77 and 78 of the finance act, 1994, less the amount already paid by the petitioner.8. the learned counsel for the petitioner would vehemently contend that even though in the grounds of ..... v of finance act, 1994.4. the respondent/appellate authority has directed to make the payment within 30 days for the purpose of enabling the respondent to hear the appeal and the said order is made as requirement of pre-deposit as per the act. the original authority under the central excise act, viz., the additional commissioner of central excise, .....

Ksl and Industries Ltd. Vs. Arihant Threads Ltd. and ors.

Court : Supreme Court of India

Reported in : IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763

..... , and not in derogation of, the industrial finance corporation act, 1948, the state financial corporations act, 1951, the unit trust of india act, 1963, the industrial reconstruction bank of india act, 1984 and the sick industrial companies (special provisions) act, 1985 and the small industries development bank of india act, 1989.(emphasis supplied)24. according to the ..... him in case he was required to vacate any residential premises allotted to him by the central government or by a local authority. the conferment of the right was 'notwithstanding anything contained elsewhere in this act or in any other law for the time being in force'. section 25b laid down special ..... amalgamation of a sick industrial company with another company, the provisions of section 72a of the income-tax act, 1961 (43 of 1961), shall, subject to the modifications that the power of the central government under that section may be exercised by the board without any recommendation by the specified authority referred to .....

M.P. Electricity Board Vs. M.P. Madhyastham Adhikaran and anr.

Court : Madhya Pradesh

Reported in : 1996(0)MPLJ629

..... petitioner madhya pradesh electricity board (for short the 'board') is a statutory body corporate constituted and established under section 5 of the electricity (supply) act, 1948 (for short the 'act of 1948'). the respondent no. 2 is an engineering company who carries on civil construction work. an agreement of construction of 45 meter high masonry ..... government.'after substitution, the definition clause (g) reads thus :-'(g) 'public undertaking' means a government company within the meaning of section 617 of the companies' act, 1956 (no. 1 of 1956) and includes a corporation or other statutory body by whatever name called in each case, wholly or substantially owned or controlled by ..... the generating company. section 59 to section 69 of chapter vi deal with board's finances, accounts and audit. a reading of these sections shows that the board has to function in respect of audit, account and finance under the control of the state. there is a restrictive provision in section 62 on unbudgeted .....

Central Bank of India Vs. Coast West Ferro Alloys and 7 ors.

Court : Gujarat

Reported in : (2009)1GLR59

..... on behalf of appellant and learned advocate ms. sejal k. mandavia appearing on behalf of respondent nos.2 to 7 on caveat.2. the appellant central bank of india has filed present appeal challenging the order passed by civil court in special civil suit no. 153 of 2000 vide exh.44 dated 22nd ..... to, and not in derogation of, the industrial finance corporation act, 1948, the state financial corporations act, 1951, the unit trust of india act, 1963, the industrial reconstruction bank of india act, 1984 and the sick industrial companies (special provisions) act, 1985 and the small industries development bank of india act, 1989. (emphasis supplied)24. according to the ..... amalgamation of a sick industrial company with another company, the provisions of section 72a of the income-tax act, 1961 (43 of 1961), shall, subject to the modifications that the power of the central government under that section may be exercised by the board without any recommendation by the specified authority referred to .....