Court : Chennai
..... which the operation is to be excluded. in this regard, we have to see the scheme of the special law which here in this case is the central excise act. the nature of the remedy provided therein is such that the legislature intended it to be a complete code by itself which alone should govern the several matters provided by ..... illegal, unconstitutionl and consequently direct the first respondent to take up appeal on record and dispose of the same in accordance with law. prayer in w.p.no.12970 of 2012:writ petition filed under article 226 of the constitution of india praying for issuance of a writ of certiorari calling for the records of the second respondent, the debts recovery ..... a writ of mandamus directing the appellate tribunal, chennai to dispose of i.a.no.1378 of 2009 in air 779 of 2009. prayer in w.p.no.8099 of 2012: writ petition filed under article 226 of the constitution of india praying for issuance of a writ of certiorari calling for the records relating to the first respondent in i .....
Tag this Judgment!Court : Chennai
..... is a banking company. it has to run his banking business strictly in accordance with the provisions of the banking regulation act, 1949. the rbi is one of the watchdogs of the finance and economy of the nation. it controls and regulates the credit policy of the country by issuing circulars, directives also as ..... had mentioned the rbi circular specifying the rate of interest, thus, the award is opposed to public policy. in this connection, the learned counsel also cited central bank of india vs. ravindra and others [air 2001 scc 3095]. 19. we have given our thoughtful consideration to the submissions of either counsel. perused ..... another [2011 (5) scc 758]. (v) chairman, guindy industrial estate infrastrcture upgradation co., chennai vs. gurumurthy engineering enterprises, civil engineering contractors, chennai and others [2012 (2) mlj 702]. 16. the learned counsel for the appellant also contended that the learned single judge reasoned his judgment on the ground that the arbitrator's award .....
Tag this Judgment!Court : Chennai
..... was authorised from ongc's fund. the amount of rs.80,77,317/- is due to ongc. (v)pw3-sampath is deputy manager, (finance)at assam. when he worked at madras during 1992 as central accounts officer, ongc, madras, he attended the conference along with his assistants isaac and dhayalan at dehradun. he received ex.p.3 to ex.p ..... , it is appropriate to consider the decisions relied upon by the learned counsel for r2/a2. (i) he relied upon the decision of the apex court reported in air 2012 sc 1973 (state of rajasthan v. darshan singh @ darshan lal) and submitted that appeal against acquittal can be interfered, only if judgment under appeal is perverse and interference ..... are not signatory of the confessional statements, which were recorded by p.w.34, inspector of police that too investigating officer. as per section 25 of the indian evidence act, exs.p.83 and 84 are not admissible in evidence. in such circumstances, i am of the view, the ground urged by the learned counsel for the appellant in .....
Tag this Judgment!Court : Chennai
..... ) deductions made with the written authorization of the employed person in furtherance of any savings scheme approved by the (state) government for the purchase of securities of the central or (state) government. 37. deductions for damage or loss:- (2) a deduction under clause (c) of sub-section (2) of section 34 shall not ..... is virtually lifted from the shops act and has been incorporated in the permanent status act. therefore, the provisions of clause(c) of sub section (1) of section 4 of the shops act which exempt the establishments under the central government is of no consequence and the permanent status act would continue to apply for such establishments ..... unless and until exemption has been obtained from the state government under section 9 of the permanent status act. in c.v. raman's case, .....
Tag this Judgment!Court : Chennai
(prayer: tax case appeal filed under section 260a of the income tax act, 1961, against the order of the income tax appellate tribunal, a bench, chennai, dated 29.07.2005 passed in it (ss) a.no.137/mds/ 1998 for the block period .....
Tag this Judgment!Court : Chennai
..... under the scheme, which itself was notified long after the import, we fail to understand how the assessee could possibly plead protection under the said act based on the budget speech of the finance minister. 12. in the circumstances, there being no satisfactory explanation, rightly, the tribunal rejected the assessee's plea and upheld the assessment. being ..... detailed proposal along those lines. 9. learned counsel appearing for the assessee relied on the budget speech of the finance minister as well as the scheme, which, under section 4 of the gold bonds (immunities and exemptions) act, 1993, granted immunity that no subscriber shall be required to disclose the nature and source of acquisition of the ..... gold bonds (immunities and exemptions) act, 1993 came into force on 31.1.1993. it is not denied by the assessee that the import of gold was made on 4th and 12th june, 1992 at a time when there was no such scheme. it is no doubt true that the finance minister proposed a scheme on gold bond .....
Tag this Judgment!Court : Chennai
..... "director", in relation to a firm, means a partner in the firm." this is in pari materia to section 141 of the negotiable instruments act. 44. similarly, in almost all the central statutes which also make the director of the companies liable for punishment for the offences committed by the companies, the term 'company' has been ..... mr.p.n.prakash, learned amicus curiae has brought to my notice all india council for technical education - approval process handbook (2011-2012). as per the all india council for technical education act, the all india council for technical education has been empowered to grant approval for setting up new institutions and improvement of existing ones. ..... view of the explanation appended thereto." 34. i had an occasion to deal with a similar question relating to huf in arpit jhanwar vs. kamalesh jain reported in 2012 (4) ctc 177. the question precisely before this court was as follows: "1. a "hindu undivided family - (huf)" is an "association of individuals"; so .....
Tag this Judgment!Court : Chennai
..... college for women, affect the latter's ability to attract students of the minority community and good academic staff and also adversely affect its ability to raise finances for the education of muslim girls. he requested that, if mrs. bader sayeed's letter was to be taken on record, then he would request ..... evidence. but in all cases, there should be a victim or an aggrieved person. 78. though the central vigilance commission's instructions are issued to various ministries of the central government or corporations established, under any central act, government companies, societies and local authorities owned or controlled by the government, it is worthwhile to consider the ..... from that alone it could not be assumed that scert is a state. it has to be noted that though finance is made available by the state, in the matter of administration of that finance, the council is supreme. the administration is also completely with the council. there is no governmental interference or control either .....
Tag this Judgment!Court : Chennai
..... jurisdiction cannot be permitted, whatever be the nomenclature of the prayer made in the writ petition. in m.balakrishna reddy vs. director, central bureau of investigation, hyderabad, and another, reported in 2001 (3) ald 611 (db) = 2002 (1) anwr 578, a ..... vs. chuhra mal, reported in air 1952 pepsu 5 and horsburg vs. chandroji, reported in air 1957 madhya bharat 90, indmark finance and investment co. pvt ltd, vs. the learned metropolitan magistrate 28th court, reported in 1992 (1) crimes 973 (cal), and ..... action, the court held that the offence under section 138 can be completed only with concatenation of a number of acts, acts being, drawing of cheque, presentation of cheque with bank, returning of cheque unpaid by drawee bank, giving notice in ..... in mohammed haneef v. sankarraj reported in 2011 (2) bankmann 243 = 2011 (3) mwn (cri.) dcc 39 = 2012 crl.l.j 99, respondent therein initiated proceedings under sec.138 and 142 of negotiable instruments before the learned judicial magistrate court, .....
Tag this Judgment!Court : Chennai
..... clearance board. further, the opinions given by the secretary of revenue department and the secretary of public works department, in the meeting, held on 07.06.2012, under the chairmanship of the secretary of revenue department, are not applicable to the madras urban development project and tamil nadu urban development project, implemented by the ..... that proposals have been sent to the secretary to the government, housing and urban development department, chennai, in r.c.no.e8/16016/2003, dated 21.06.2012, for passing appropriate orders, to effect necessary charges in the revenue records and that the said proposals have been acknowledged. therefore, this court has directed the secretary ..... or abstained from acting. the entire doctrine proceeds on the promise that it is reliance based and nothing more".12. at page 2420 again the supreme court quoted with approval the dictum laid down by lord denning in central newbury car autions ltd., vs. unity finance ltd reported in 1956-3 all.e.r.,905 and .....
Tag this Judgment!