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Judgment Search Results Home > Cases Phrase: indian post office act 1898 chapter ix money orders Page 6 of about 1,126 results (0.078 seconds)

Apr 26 2017 (HC)

Sunair Hotels Limited vs.union of India and Anr.

Court : Delhi

..... limited (hereinafter referred to as petitioner company ) by way of the present writ petition: (a) issue a writ, order or direction in the nature of mandamus, certiorari or any other appropriate writ, order or directions for quashing of the order dated 29.02.2016 passed by the respondent, ordering an investigation into the affairs of the petitioner company, under section 212 (1) (c) of the companies act, 2013, to be carried out by the serious fraud investigation office, as being illegal, unjust, arbitrary, bad in law and in wp(c) no.3444/2016 page 2 of 44 ..... broadly, akin to the object of enactment of section 237 of the 1956 act, the aim and purpose of enactment of section 212 and other allied sections under chapter xiv of the 2013 act, is to prevent a company from acting in a manner prejudicial to the interests of the shareholders, and further, to enable the central government to assume power to step in where there is reason to suspect that a company may be conducting its affairs in a manner prejudicial to the public interest ..... chargesheet for the offences punishable under the provisions of sections 406, 409, 420, 467, 468, 471, 477a, 120b of the indian penal code, 1860 (hereinafter referred to as ipc ), has been filed before the concerned court. ..... petitioner company that the impugned order is tantamount to double jeopardy, cannot be countenanced, the opinion by the respondent no.1 was founded on fresh material received by them, post the year 2013, from other sources as well .....

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Feb 23 2015 (HC)

A.Perumal Vs. 1. State Rep. By

Court : Chennai

..... (1) any officer in charge of a police station may, without the order of a magistrate, investigate any cognizable case which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of chapter xiii. ..... learned amicus curiae would submit that though the contract in offering the money by the complainant for securing the job by unlawful method itself is illegal and when the act alleged would predominantly be a civil wrong, still constitute a criminal offence inasmuch as, the ingredients of sections 415, 420 ipc are made out, the respondent-police are duty bound to register the case and investigate ..... to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the superintendent of police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.?. ..... therefore, when the ingredients of the cognizable offences punishable under the indian penal code prima facie are made out, it is the bounden duty of the investigating officer to register the complaint and proceed with the investigation.16. .....

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Jul 09 2002 (HC)

Al-faihad Fincom Limited and anr. Vs. Central Economic Intelligence Bu ...

Court : Andhra Pradesh

Reported in : 2002(4)ALD830; [2003]114CompCas404(AP); [2004]50SCL354(AP)

..... i scc 567, in the said case the respondents invoked the jurisdiction of gujarat high court, at ahmedabad alleging that they carried on business of export and import from ahmedabad; orders for export and import are placed and accepted from ahmedabad; documents and payments for exports and imports were sent/made at ahmedabad; the credit of duty claimed is in respect ..... after noticing the facts disclosed by the respondents in paragraph 16 as summarised above the supreme court observed that mere fact that respondent-company is receiving export and import orders and making payments from ahmedabad has no connection whatsoever with the dispute that is involved in the case and therefore the same would not give rise to any cause ..... is governed by various provisions of the reserve bank of india act, 1934 (rbi act), be it noted chapter iiib of the rbi act contains provisions relating to non-banking institutions receiving deposits and financial- ..... order passed by the clb is appealable order under section 10f of the companies act before the high court within whose territorial jurisdiction the company has its registered office ..... invoke the doctrine of so called public interest is the fact that the company had borrowed moneys from public institutions this is no ground for not availing of the statutory remedies provided under the companies act before the appropriate statutory forums which are designed for (his very purpose. ..... 406, 409, 420 and 120b of indian penal code (ipc) in police station .....

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Jan 09 1958 (HC)

Babu Ram Upadhya Vs. Uttar Pradesh Government

Court : Allahabad

Reported in : AIR1958All584; 1958CriLJ994

..... only for the guidance of the officers and that an indication as to whether a particular rule has been framed under the provisions of some law has been given in the regulations themselves.paragraph 486 finds a place in chapter xxxii of the police regulations and paragraph 477 with which the chapter starts indicates that the rules in chapter xxxii have been made under section 7 of the police act and apply only to officers, appointed under section 2 of ..... court have made the above observation, yet they felt pressed by the fact that the order dismissing the respondent in that case having been made on 16-9-1954, an action to set aside that order would have been time-barred, and, therefore, they entered into the merits of the case.in the present case also, the order of dismissal was passed as far back as the 19th of october, 1954 and this ..... paragraph 493 of the police regulations is as follows :'it will not be permissible for the superintendent of police in the course of a departmental proceeding against a police officer who has been tried judicially to re-examine the truth of any facts in issue at his judicial trial and the finding of the court on these facts must be taken as final'.this provision clearly indicates ..... been contended on behalf of the opposite-parties that the misappropriation of a part of the money amounted in the present case, if at all, to an offence under section 403 of the indian penal code which is not a cognizable offence. ..... 1953, he happened to be posted at sitapur. .....

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Jul 22 2002 (SC)

Haridas Exports Vs. All India Float Glass Mfrs. Association and ors.

Court : Supreme Court of India

Reported in : AIR2002SC2728; [2002]111CompCas617(SC); II(2002)CPJ11(SC); 99(2002)DLT76(SC); 2002(82)ECC683; 2002LC14(SC); 2002(145)ELT241(SC); JT2002(5)SC253; 2002(5)SCALE253; (2002)6SC

..... in other words, can the mrtp commission pass orders against parties who are not in india and who do not carry on business here and where agreements are entered into outside india with no indian being a party to it.the preamble of the mrtp act reads as follows:'an act to provide that the operation of the economic system does not result in the concentration of economic power to the common detriment, for the control of monopolies, for the prohibition ..... - (1) every agreement falling within one or more of the following categories shall be deemed, for the purposes of this act, to be an agreement relating to restrictive trade practices and shall be subject to registration in accordance with the provisions of this chapter namely- (a) xxxxx (b) xxxxx (c) xxxxx (d) any agreement to purchase or sell goods or to tender for the sale or purchase of goods only at prices or on terms or conditions agreed upon between the sellers or purchasers; (e) xxxxx (f) xxxxx (h) xxxxx (i) xxxxx (j) any ..... . the mrtp commission, in such a case, may not be able to stop import but there can be order imposing post import restrictions such as, for example, not to sell imported goods in india in such a manner which will be regarded as a restrictive trade practice under section 37. ..... it is only in respect of floatglass, which is imported and thereafter if in respect to that a restrictive trade practice is indulged can the mrtp commission have jurisdiction qua post import indian end of the transaction.conclusions :60 .....

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Apr 08 1997 (HC)

Divyang R. Parikh Vs. State of Gujarat

Court : Gujarat

Reported in : (1997)3GLR2295

..... vivek barot, learned counsel, further, in order to show that offence under the act of 1885 and act of 1933 are non-cognizable, has referred to chapter viii of the wireless licensing manual, issued by the indian post and telegraph department, which provides for directions, enquiries and ..... twin contentions raised in this special criminal application is firstly, whether in view of section 20(2) of the act of 1885, the offence being non-cognizable, investigation by the police and proceedings thereof are illegal and void and secondly, whether in view of section 7 of the act of 1933, which gives power of search only to officer specially empowered by the central government, vitiates the entire proceedings conducted at the hands of the local police ..... it empowers the central government to authorise any officer for the purpose of the act of 1933 so far as the search of the unauthorised wireless sets are ..... it is contended that in view of section 7 of the act of 1933, the power of search only vests in officer specially empowered by the central government, and hence search made by the police is ..... power of search: any officer specially empowered by the central government in this behalf may search any building, vessel or place in which he has reason to believe that any wireless telegraphy apparatus, in respect of which an offence punishable under section 6 has been committed, is kept or concealed, and take possession thereof.section 11 is saving clause under the act of 1885, which reads as .....

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Oct 03 2001 (HC)

Mohanlal S. Doppa Vs. Commissioner of Income-tax

Court : Gujarat

Reported in : [2002]253ITR33(Guj)

..... of cases contained in chapter xix-a of the act that once the settlement commission decides to entertain under section 245d(1) of the act an application under section 245c for settlement of a case, it is for the settlement commission alone to pass any orders for tax, penalty and interest and that once any order is passed under section 245d(4) of the act, the assessing officer or any other authority cannot go beyond or behind that order, at least in the ..... , either in person or through a representative duly authorised in this behalf, and after examining such further evidence as may be placed before it or obtained by it, the settlement commission may, in accordance with the provisions of this act, pass such order as it thinks fit on the matters covered by the application and any other matter relating to the case not covered by the application, but referred to in the report of the commissioner under sub-section (1) or subsection (3) ..... in which such income has been derived, grant to such person, subject to such conditions as it may think fit to impose, immunity from prosecution for any offence under this act or under the indian penal code (45 of 1860) or under any other central act for the time being in force and also from the imposition of any penalty under this ..... to grant immunity from prosecution under the income-tax act or the indian penal code or any other central act and also from the impos-tion of any penalty under the act with respect to the case covered by the settlement .....

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Apr 09 1984 (HC)

24 Parganas Lawyers' Clerks Association and Ors. Vs. State of West Ben ...

Court : Kolkata

Reported in : AIR1986Cal205

..... here the supreme court held that sections 9 and 11 of the legal practitioners act, 1879 should be read together and that rule 2 in chapter iii, part vii of the general rules and circular orders of the high court of judicature at patna (civil) 1922 framed by the patna high court restricting the right of mukhtears to plead in civil courts is not in excess of the rule-making power of the high court and is not in ..... while rule 14 of the 1982 rules provides that any person whose name is not included in the list of licensed deed writers hung up in the registration office and entering such office or its compound except for the purpose of transacting business in connection with registration of his own documents or for making searches or application or applications for certified copies or doing any other transaction on his own behalf or under a ..... part xiiia containing sections 80a to 80f and part xiiib containing section 80g was incorporated in the indian registration act,1908 subsequently called the registration act, 1908 being the central act by the bengal touts act, 1942 (bengal act v of 1942) being the 1942 act. 18. ..... it was next submitted that section 57 of the indian registration act, 1908 merely provides for granting of inspection of certain indexes and of certified copies of certain documents. .....

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Feb 02 2012 (HC)

BipIn Bihari Panda and Another Vs. State of Orissa

Court : Orissa

Reported in : 2012CrLJ2160

..... of prima-facie evidence, have reasons to believe that any person, who held high public or political office has committed the offence, the state government may, whether or not the special court has taken cognizance of the offence, authorize the public prosecutor for making an application to the authorized officer for confiscation under this act of the money and other property, which the state government believe the said person to have procured by means ..... section 4 deals with application of the provisions of the code for investigation, enquiry and trial of cases involving offence under indian penal code and other laws and section 6 deals with classes of criminal courts under the code. ..... the third purpose of otherwise to secure the ends of justice cannot be held to be all pervasive to embrace any order beyond the code or to embrace any action pending or contemplated before any authority which cannot be brought under the meaning of any court as understood supra ..... further it is made clear by the aforesaid provisions that the proceeding before the authorised officer aims at confiscation of goods / properties and there are exhaustive procedures in chapter-iii itself as to the mode of making the application, notice, and the method for reaching at the decisions ..... no doubt, in view of section 2(a) of the act, the post of authorised officer is to be filled up by a judicial officer belonging to orissa superior judicial service (senior branch), who is or has been an additional sessions judge .....

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Jun 25 2018 (HC)

Pr Commissioner Of Vs. M/S Softbrands India

Court : Karnataka

..... the profits or the income from transactions declared by them is at arm s length which analysis is invariably put to test and inquiry by the authorities of the department and through the process of transfer pricing officer (tpo) and dispute resolution panel (drp) and the tribunal at various stages, the assessee has a cumbersome task of compliance and it has to satisfy the authorities that what has been declared by them ..... what we find from the aforesaid detailed reproduction from the order of the learned tribunal, is that while undertaking the exercise of arriving at the arm s length price which is essentially a matter of estimate of the fair value which the indian company has paid or has received from the associate enterprise (foreign company), the said exercise to be undertaken by the transfer pricing officer is based on the facts and figures relating to comparable cases ..... the indian income tax act, 1961 contains special provisions relating to avoidance of tax in chapter x of the act comprising of sections 92 to 94-b with regard to assessment to be done for computation of income from international transactions on the principles of arm s length price (alp) and the relevant rules for computation of such income under the aforesaid provisions of chapter x are enacted in the date of judgment 25-06-2018 ..... resolution, much has already been lost in the form of time, man-hours and money, besides giving an adverse picture of the sluggish dispute resolution process through these .....

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