Judgment Search Results Home > Cases Phrase: mulki rules act 1972 Page 90 of about 162,740 results (0.183 seconds)

Bank of China Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1986)19ITD26(Kol.)

..... liquidation proceedings were for the beneficial winding up of the company and the expenses were incurred by the official liquidator in the discharge of his statutory duties specified in the companies act, 1956 and the companies (court) rules, 1959 and under the supervision of the court, the same should have been allowed in computing the income of the company'.5 ..... cannot be sufficient cause under section 253(5).since we differ in opinion on the following point, the case be placed before the president for appropriate orders under section 255(4) of the act : whether, under the facts and circumstances of the case, there was sufficient cause for filing the appeal 67 days after expiry of the period of limitation 1 ..... in course of his arguments, the assessee's learned counsel refers to the provision of section 176(3a) of the act in which it is proved that wherein business is discontinued, any sum received after such discontinuance shall be deemed to be the income of the recipients and be taxed accordingly in the year of receipt, if such ..... ) of 1980] in which penalty was imposed under section 271(1)(a) of the income-tax act, 1961 ('the act') for the assessment year 1974-75 was not sustained by the tribunal keeping in view the facts of the case, which was not the case of an ordinary assessee and ..... claim of the assessee for the assessment years 1969-70 and 1972-73 were virtually allowed in full by the appellate authorities ..... . howrah municipality air 1972 sc 749, the hon'ble justice .....

Microland Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT

Reported in : (1998)67ITD446(Bang.)

..... in the interpretation tried to be forwarded on behalf of the assessee in as much as if the assessee's contention be accepted, then no search-assessment under chapter xiv-b of the act, can be made in case of an individual below the age of ten years or a firm or a company which has not yet completed ten years of its existence ..... assets by the assessee are clearly recorded in the books of the assessee, the claim of depreciation is also debited to its regular accounts although at lower rate as per the provisions of companies act and not at the higher rates as per the it rules, and the interest payments also stand debited to the regular accounts of the assessee ..... referred to certain other decisions, as discussed below to prove his point that while according an administrative approval with regard to certain matters, under the it act, an opportunity of hearing to the assessee is not necessary.firstly, he relied on a judgment of the lahore high court in the case of lachhman ..... person) to produce or cause to be produced, books of account or other documents which will be useful for or relevant to proceedings under the indian it act, 1922, or under the it act, 1961, he would not produce or cause to be produced, such books of account or other documents as required by such summons or notice ..... emphasised that audi alteram partem is a highly effective rule devised by the courts to ensure that a statutory authority arrives at a just decision and it is calculated to act as a healthy check on the abuse or misuse .....

Rondeau Vs. Mosinee Paper Corp.

Court : US Supreme Court

..... registered or certified mail, send to each exchange where the security is traded, and file with the commission, a statement containing such of the following information, and such additional information, as the commission may by rules and regulations prescribe as necessary or appropriate in the public interest or for the protection of investors -- " "(a) the background and identity of all persons by whom or on whose behalf the purchases have been or are to ..... which would have been required to be so registered except for the exemption contained in section 78 l (g)(2) (g) of this title, or any equity security issued by a closed-end investment company registered under the investment company act of 1940, is directly or indirectly the beneficial owner of more than 5 per centum of such class shall, within ten days after such acquisition, send to the issuer of the security at its principal executive office, by ..... (c) the district court was entirely correct in insisting that respondent satisfy the traditional prerequisites of extraordinary equitable relief by establishing irreparable harm, and its conclusions that petitioner acted in good faith and promptly filed a disclosure schedule when he became aware of his obligation to do so support the exercise of that court's sound judicial discretion to deny the application for an injunction, ..... of action when tested by the customary rules governing suits of such character, the securities act authorizes maintenance of the suit. . . .....

Santa Fe Industries, Inc. Vs. Green

Court : US Supreme Court

..... neither a business purpose for a short-form merger nor prior notice to the minority shareholders who the statute contemplated would be removed from the company, and that rule 10b-5 did not override these provisions of state corporate law by independently placing a duty on the majority not to merge without prior notice and without a justifiable business purpose. ..... prior notice to minority shareholders, and was solely to eliminate the minority from the company, and therefore lacked any justifiable business purpose, the court concluded that rule 10b-5 did not override the delaware corporation law provisions, which do not require a business purpose or prior notice for a short-form merger. ..... untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or" "(c) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person," "in connection with the purchase or sale of any security. ..... in this case involves the reach and coverage of 10(b) of the securities exchange act of 1934 and rule 10b-5 [ footnote 1 ] thereunder in the context of a delaware short-form ..... 453 f.2d 722, 733, 736, 737 (ca2 1972) (en banc) (rule 10b-5 violation alleged on facts found "indistinguishable" from ..... 128 (1972) (misstatements of material fact used by bank employees in position of marketmaker to acquire stock at less than ..... 1972 .....

Central Bank of Denver, N. A. Vs. First Interstate Bank of Denver, N. ...

Court : US Supreme Court

..... borrowed from tort law; in those cases, judges closer to the times and climate of the 73d congress than we concluded that holding aiders and abettors liable was consonant with the exchange act's purpose to strengthen the antifraud remedies of the common law.2 one described the aiding and abetting theory, grounded in "general principles of tort law," as a "logical and natural complement" ..... a statute enacted for the benefit of a particular class conferred on members of that class the right to sue violators of that statute.5 moreover, shortly before the exchange act was passed, this court instructed that such "remedial" legislation should receive "a broader and more liberal interpretation than that to be drawn from mere dictionary definitions of the words employed by congress. ..... fair dealing and efficiency in the securities markets would be furthered by the imposition of private aider and abettor liability, in light of the uncertainty and unpredictability of the rules for determining such liability, the potential for excessive litigation arising therefrom, and the resulting difficulties and costs that would be experienced by client companies and investors. pp. ..... its comprehensive revision of the exchange act in 1975, congress left untouched the sizable body of case law approving aiding and abetting liability in private actions under 10(b) and rule 10b-5.s the case for leaving aiding ..... 258 , 281-282 (1972), with pension benefit guaranty corporation, supra, at 650; compare ..... 1972 ..... 1972 ..... 1972 ..... 1972 .....

Nevada Dept. of Human Resources Vs. Hibbs

Court : US Supreme Court

..... argued january 15, 2003-decided may 27, 2003 respondent hibbs (hereinafter respondent), an employee of the nevada department of human resources (department), sought leave to care for his ailing wife under the family and medical leave act of 1993 (fmla), which entitles an eligible employee to take up to 12 work weeks of unpaid leave annually for the onset of a "serious health condition" in the employee's spouse and for other reasons, 29 u. s. ..... more proof needed to show that this is an entitlement program, not a remedial statute, it should suffice to note that the act does not even purport to bar discrimination in some leave programs the states do enact and administer. ..... for example, this court has 738 upheld certain prophylactic provisions of the voting rights act as valid exercises of congress' 5 power, including the literacy test ban and preclearance requirements for changes in states' ..... overall effects of gender-based discrimination at the workplace must not be ignored; but simply noting the problem is not a substitute for evidence which identifies some real discrimination the family leave rules are designed to prevent. ..... 708-1, rule 80.8 (2002); iowa code 216.6(2) (2000 ..... 708-1, rule 80.8 (2002); iowa code 216.6(2) (2000); ..... 708-1, rule 80.8 (2002 ..... 708-1, rule 80.8 (2002 ..... 708-1, rule 80.8 (2002 ..... 708-1, rule 80.8 (2002) (pregnancy disability leave only); iowa code 216.6(2) (2000) (former 601a.6(2)) (same ..... satisfied the clear statement rule of dellmuth. ..... satisfies the clear statement rule. .....

Madhu Sudan Sharma Vs. State of Bihar and ors.

Court : Patna

..... petitioner, mainly urged the following points to persuade us to invalidate the certificate and the certificate proceeding including the final order:(a) that the cane officer was not authorised under the provisions of the sugarcane act to submit a requisition on behalf of the cane growers or cane grower co-operative society for recovery of dues on account of nonpayment of sugarcane price or interest thereon;(b) the dues payable to a cane grower or co-operative ..... society is riot a dues payable to the cane officer, therefore, no certificate can be filed under sections 4 and 6 of the act;(c) in absence of any adjudication about actual dues or liability of the petitioner, it was not open to the cane officer to submit a requisition or even to the certificate officer to pass a final order for the realisation of such amount ..... sugarcane (regulation of supply and purchase) act, 1981, said ordinance has merged into the act but we are told that provisions of said rules have been adopted by the state government for the purpose of present act also.10. ..... rule 39 of the aforesaid rules dues recoverable under sections 4, 34, 44, 47 and 48 of 'the act' shall be recovered as public demand payable to the cane officer of the area on a written requisition to a certificate officer under section 5 of the act ..... act empowers the state government to frame rules to give effect to the purpose of the said act .....

The Commissioner of Income-tax Vs. Chunilal B. Mehta

Court : Mumbai

Reported in : AIR1935Bom423; (1935)37BOMLR753; 159Ind.Cas.413

..... assessee is that his right to profits arose in each case under the contract made with his broker, that that contract was made outside british india where the instructions were accepted and acted upon, that the -carrying out of the contract by the broker, including the contracts with third parties, which he entered into, took place outside british india, and that accordingly the ..... the case may be an authority for the proposition that profits may be said to accrue in a country although all the acts which result in such profits do not take place there, but to my mind the case has no bearing on the matter with ..... or where the assessee resides ; and this point to my mind renders authorities on the english act irrevalent, since the english act does not deal with the place where profits accrue or arise.7. ..... the section is in the following terms :-save as hereinafter provided, this act shall apply to all income, profits or gains, as described or comprised in section 6, from whatever source derived, accruing, or arising, or received in british india, or deemed under the provisions of this act to accrue or arise, or to be received in british india.it will be seen from the language of section 4 (j) that what it charges is the income in british india and that the ..... was any essential difference between the business conducted in new york and the business conducted in liverpool, and i think the commissioner has not correctly appreciated the rules of the liverpool cotton exchange to which he refers. .....

State Government Vs. Maganbhai

Court : Mumbai

Reported in : (1954)ILLJ480Bom

..... it was pointed out that it was sufficient in a prosecution under the factories act to prove that the accused has infringed the act or rules under the act, section 42 was as follows:no adult worker shall be allowed to work otherwise than in accordance with the notice of periods for work for adulta displayed under sub-section (1) of section 39 and the entries made beforehand against ..... subject to the provisions of section 93, if in or in respect of, any factory there is any contravention of any of the provisions of this act or of any rule made there under or of any order in writing given there-under, the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to three months or ..... if the contravention is continued after conviction with a further fine which may extend to seventy-five rupees for each day on which the contravention is so continued.an occupier will be liable for contravention of any of the provisions of the act or rules if the responsibility for observing the provisions has not been imposed on some other person. ..... is, therefore, sufficient in a prosecution under the act to prove that the accused has infringed the act or rules under the act and it is not necessary to show that the accused intended to infringe the act or the rules. ..... rudmal the prosecution was for contravention of sections 42 and 38, factories act, and of rule 48(i), central provinces factories rules, 1935, punishable under section 60. .....

Commissioner of Sales Tax Vs. Paper Process Works

Court : Mumbai

Reported in : [1986]62STC317(Bom)

..... the deputy commissioner, who disposed of the application, took the view that the said activity carried on by the assessee amounted to manufacture under section 2(17) of the said act and held that the sale effected by the assessee under the said invoice dated 16th october, 1975, was liable to be assessed to sales tax in the sum of rs. ..... in the aforesaid decision a division bench of this court held that the definition of the term 'manufacture' in section 2(17) of the said act is very wide and includes within its scope certain activities which, in ordinary parlance, may not be considered as manufacture. ..... jetly, learned counsel for the applicant-commissioner of sales tax, that clause (17) of section 2 of the said act gives an extended definition of the term 'manufacture' so as to include within its scope any activity which could be described as a process. ..... the tribunal took the view that the activity carried on by the assessee did not amount to manufacture within the meaning of the said expression under section 2(17) of the said act as that activity did not result in the production of a new commercial commodity. ..... rule 3 of the bombay sales tax rules, 1959, sets out the processes which are not included in 'manufacture'. ..... it would be sufficient to notice that the process of slitting larger reels of paper into smaller reels, such as was carried on the assessee, has not been excluded from the definition of 'manufacture' under this rule. .....