Judgment Search Results Home > Cases Phrase: finance no 2 act 2004 Court: andhra pradesh Page 4 of about 644 results (0.098 seconds)

M. Chandrashekar Rao Vs. V. Kutamba Rao and anr.

Court : Andhra Pradesh

Reported in : 2006CriLJ1399

..... is clear that the object of the notice is to enable the drawer to comply with the amounts covered under the cheque in order to escape from the clutches ofsection 138 of the act and therefore the drawer must be in a position to know the actual demand covered under each cheque in the event of the consolidated notice issued in respect of several cheques. ..... the notice has to be in relation to 'said amount of money' as described in the provision and the drawer of the cheque stands absolved from his liability under section 138 of the act if he makes the payment of the amount covered by the cheque of which he was the drawer within 15 days from the date of receipt of notice or before the complaint is filed.7. ..... the complainant filed complaint before the v matropolitan magistrate, hyderabad against the accused alleging that the accused was running chit fund company in the name of swapna chits and finance private limited at ameerpet, hyderabad in the name of his brother sri v. ..... dated 13-1-2004 acquitting ..... indira's case 2004 cri lj 5 (supra) dealt with a consolidated demand notice and held that in a given case if the consolidated notice is found to provide sufficient information envisaged by the statutory provision and ..... g.adinarayana 2004 cri lj 5 wherein the division bench of the apex court held that consolidated demand notice issused after dishonour of four cheques would not invalidate the same and ..... 2004 ..... 2004 cri lj 3163 in a similar case and held that notice not issued for amount covered by .....

M/S Deccanchronicles Holdings Limited R Vs. the Union of Indiarep. by ...

Court : Andhra Pradesh

..... thereafter, ibfsl filed o.p.no.377 of 2013 against the petitioners in the court of ii additional chief judge, city civil court, hyderabad, under section 9 of the arbitration act, for the relief of injunction, to restrain the petitioners from alienating, encumbering, transferring or creating third party rights, vis--vis the properties that were offered as security and for a ..... the loan agreements provided for arbitration and by invoking the same, o.p.nos.377 and 378 of 2013 were filed, under section 9 of the arbitration act, and in that view of the matter, initiation of any other proceedings either by the original lender i.e.ibfsl or any successor thereof, are impermissible ..... the petitioners contend that ibfsl, from which they obtained loan; was not registered as a 'financial company', under section 3 of the sarfaesi act, and the mere fact that the said agency has merged with its sister concern, the 4th respondent; does not bring about any change in ..... with the hon'ble supreme court is that the amounts advanced as loan by banks and other agencies constitute public finance, and it is in the national interest that the procedure is streamlined for recovery of such amounts. ..... that the 4th respondent is a housing finance company, governed by the provisions of the national housing bank act, 1987 (for short 'the n.h.b act') and it cannot deviate from the procedure prescribed under that act. ..... ?.cases referred 1) (2004) 4 scc3112) air2008orissa 88 3) air2010allahabad 3 4) 2004(1) uc451the hon'ble .....

Mohd. Mustafa Ahmed Alvi and ors. Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Reported in : 2006(1)ALD749; [2007]137CompCas815(AP); [2006]68SCL462(AP)

..... this writ petition has been filed by the petitioners, who are five in number, with a prayer to call for the file of union of india represented by the secretary to government, department of revenue, ministry of finance and company affairs, new delhi-1st respondent in so 308(e), dated 20.3.2003 and the consequential proceedings issued by the commissioner of customs, custom house, chennai-3rd respondent in file nos.t-4/3-m/95/scn(1), t-4/3-m/95-scn-ii, t-4/4-m/95-scn-1, and ..... granted or any document or instrument executed or any direction given under the act hereby repealed shall, insofar as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act;(b) any appeal preferred to the appellate board under sub-section (2) of section 52 of the repealed act but not disposed of before the commencement of this act shall stand transferred to and shall be disposed of by the appellate tribunal ..... to conclude the adjudication proceedings, call notices were issued to the petitioners including the call notice dated 12.5.2004 for conduct of personal hearing before the adjudicating officer. ..... notices to the petitioners were issued on 22.2.1995 followed by call notices on various dates and the latest being 20.9.2004 requiring their appearance on 28.9.2004 for conduct of personal hearing. ..... the notice-dated 20.8.2004 is only a call letter intimating the date of personal hearing and it is only a sequel to the show-cause notice .....

Nagulapu Raju Vs. Tirupathi

Court : Andhra Pradesh

Reported in : 2009(6)ALT408

..... it is true that extension of period of limitation cannot be on equitable grounds and the provisions of the limitation act should be strictly followed, but in construing the truth or otherwise of the grounds raised in support of the request for condonation of delay, the court will not adopt a too rigid and technical approach, but will go by broad ..... it is also well settled that existence of sufficient cause under section 5 of the limitation act is always open to a liberal construction and if any inconvenience caused to the opposite party can be compensated by appropriate terms, such conditions should be imposed instead of refusing to determine the dispute on merits in accordance with law.9. ..... in the impugned order, the trial court following 2004 (4) alt 22.2 (dn ohc) holding that the court has no power to extend the period of limitation on equitable grounds, if no sufficient grounds were made out to condone the delay, observed that the defendant, who did not file ..... satya chits and finance : 2006(6)alt14 (supra), the petition, which was dismissed, was a petition to set aside the ex parte decree itself under order ix rule 13 c.p.c. ..... satya chits and finance : 2006(6)alt14 , a revision was held to be misconceived. ..... and not on a petition under section 5 of the limitation act, which is a prelude or precondition for entertaining an application under order ix rule 13 c.p.c. ..... kapil chit funds private limited : 2004(2)ald817 (supra) and not divisional engineer, apseb v. .....

Sun Techno Constructions (P) Ltd., Railway Contractors Vs. General Man ...

Court : Andhra Pradesh

Reported in : 2004(4)ALD200; 2004(3)ALT382

..... rightly considered the petitioner's demand made in letter dated 22-10-2003 as premature demand and as such they are justified in praying for rejecting the petitioner's application for appointment of an arbitrator under section 11(6) of the act and for that reason it will not be permissible to make appointment of a sole arbitrator in terms of the decisions of the supreme court in sohanlal puglia's case (supra).14. ..... petition accordingly is dismissed as not maintainable making it clear that it is open for the parties to proceed to act in accordance with the procedure laid down in clause 64(3)(a)(ii) of gcc for appointment of arbitrators.15. ..... is not in dispute that the petitioner approached the court alleging that under the procedure agreed to by the parties, the respondents have failed to act as required under the procedure, therefore, prayed for appointment of sole arbitrator.10. ..... request on 22-10-2003 for appointment of an arbitrator, the petitioner further alleged that the respondents with an ante letter dated 26-12-2003 intimated that the appointment of arbitral tribunal was under process, which panel of arbitrators sent to it on 4-2-2004 much later to the receipt of notice from this court. ..... the question required to be considered by me is, whether the respondents-railways have failed to act as required under the procedure agreed to by the parties for appointment of arbitrators so as to enable the petitioner to seek appointment of a sole arbitrator by this court ..... tata finance ltd .....

Regional Provident Fund Commissioner, Employees Provident Fund Organis ...

Court : Andhra Pradesh

Reported in : 2005(1)ALT645; [2005(105)FLR1184]; (2005)IILLJ11AP

..... the submission of the learned standing counsel is that the proviso, which inter-alia, provides that the attachment and sale of any property under section 8b(1) of the act shall first be effected against the properties of the establishment and the proceedings against the property of the employer for recovery of the whole or any part of the arrears can be initiated only after the sale of ..... learned standing counsel for the appellants, however, contended that the order passed by the division bench is not in conformity with section 8b(1) of the act, which reads as follows:'section - 8b(1):- issue of certificate to the recovery officer:- (1) where any amount is in arrear under section 8, the authorized officer may issue, to the recovery officer, a certificate under his signature specifying the amount of ..... it is for that reason, this court took the view that the arrest of the employer and his detention in prison cannot at all be made in view of the proviso to section 8b(1) of the act without exhausting the remedy of attachment and sale of properties of establishment for realization of amounts of arrears. ..... thereafter, the appellants issued a show cause notice-cum- levy order, dated 30-06-2004, imposing a penal damage under section 14-b of the employees provident funds and miscellaneous provisions act, 1952 (for short 'the act'). ..... that a panchanama was conducted on 13-11-2003 in the presence of the finance manager of the respondent-company.4. .....

B. Kiranmaye Vs. Prasoona Traders and anr.

Court : Andhra Pradesh

Reported in : II(2005)BC471

..... cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed on offence and shall, without prejudice to any other provision of this act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheque, or with both: provided that nothing contained in this section shall apply ..... wazir jaivir chand, : air1989sc630 the apex court had an occasion to consider section 27 of general clauses act, 1897, and clause (i) of section 11(1) read with proviso to section 12(b) of the j and k houses and shops rent control act (34 of 1966) which is similar to clause (b) of the proviso to section 138 of the act and observed as follows:'the proviso insists that before any amount of rent can be said to be in arrears, a notice has to be served through post. ..... ) 1 (ap), contends that since the notice was sent to the address known though the notice was returned unserved with an endorsement that the addressee was not found, in view of section 27 of general clauses act, 1897, it should be deemed that, the notice was duly served and so question of quashing the complaint does not arise.3. ..... sundaram's case (supra), in shashi finance corporation's case (supra) and in shakthi travel's case (supra) it is held that if the cover is returned with an endorsement as 'not found' or 'wrong address', etc. ..... , ii (2004) bc 172=2003(2) ald (crl). .....

S. Thrilochana Rao and Another Vs. Jonnala Naresh

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... procedure, 1973 (2 of 1974), the district forum or the state commission or the national commission, as the case may be, shall have the power of a judicial magistrate of the first class for the trial of offences under this act, and on such conferment of powers, the district forum or the state commission or the national commission, as the case may be, on whom the powers are so conferred, shall be deemed to be a judicial magistrate of the ..... by the chairman and managing director and a partner of sree raja rajeswara finance and investments, the opposite parties/jdrs, against the order of the dist. ..... they did not choose to contest an order was passed on 21.9.2004 directing them to pay the amount covered under the fdrs with ..... that the complainants invested the amounts covered under the fdrs in sree raja rajeshwara finance and investments, floated by the appellants. ..... complainants filed a petition under section 27 of the consumer protection act to convict and sentence the appellants for non-payment of the ..... that when the complainant had sought several reliefs, one against the company and another against the directors the leave which was mandatory under section 446 of the companies act need not be taken and the complaints were maintainable. ..... to be construed as against the company and nothing to do with the directors vis-a-vis personal liability and in this view of the matter the mandate contained in section 446 of the companies act acquires any amount of importance, and it cannot be ignored. 11. .....

Share Microfin Limit Vs. The Commissioner of Customs, Central Exc

Court : Andhra Pradesh

..... the brief averments in the appeal are that petitioner came to be assessed under finance act on account of service tax and was demanded with a sum of rs.6,76,27,578/- for the period 2004-09 by order dated 25.11.2010, a sum of rs.1,38,48,158/- for the period 2009-10 by order dated 24.08.2011 and a sum of rs.70,71,764/- for the period 2010-11 by order dated 31.08.2012. .....

Dr. Kuttan Pillai Bhaskaran and Another Vs. State Bank of India Rep. b ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... when it was becoming non-performing asset and before initiating recovery proceedings under securitization act it had intimated the complainants orally, and it had appropriated rs. ..... they had issued 25 post dated cheques (pdcs) however the pdcs submitted in december, 2004, july, august and september, 2005 were returned. ..... we do not think that the bank had acted negligently or acted against terms of the agreement or rules while transacting with the loan account of the complainants. ..... 7,885/- commencing from july, 2005, and would extinguish only when the outstanding loan amount become nil on payment of residual amount if any vide sanction advice-cum-arrangement letter of housing finance dt. ..... 6,50,000/- at 8% fixed rate of interest per annum on 16.12.2004 to construct a house. ..... 16.12.2004 duly signed by them. ..... account and pay whatever due to the complainants within three months from the date of receipt of this order, failing which the complainants are entitled to recover the same by invoking section 27 of the consumer protection act. ..... it cannot be said that this was against banking norms or an unauthorised act. ..... the relationship between them is one of the creditor and debtor and not that of banker and customer and therefore the complaints are not entitled to any relief under the provisions of the consumer protection act. .....