Judgment Search Results Home > Cases Phrase: negotiable instruments amendment and miscellaneous provisions act 2002 Page 100 of about 4,537 results (0.277 seconds)

Alpha and Omega Diagnostics India Ltd. Vs. Asset Reconstruction Compan ...

Court : Mumbai

..... and the area of its operation in india by notification, specify; after amendment, however, section 2(h)(ia) came to be inserted by the act 30 of 2004, which reads thus:-"(ia) the securitisation company or reconstruction company which has obtained a certificate of registration under sub-section (4) of section 3 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (54 of 2002)"18] the sub-clause (ia) came to be inserted by the act ..... pending by or against the bank or financial institution, save as provided in the third proviso to sub-section (1) of section 15 of the sick industrial companies (speial provisions) act, 1985 (1 of 196) the same shall not abate, or be discontinued or be, in any way, prejudicially affected by reason of the acquisition of financial asset by the ..... and other instruments of whatever nature which rrelate to the said financial asset and which are subsisting or having effect immediately before the acquisition of financial asset under sub-section (1) and to which the concerned bank or financial institution is a party or which are in favour of such bank or financial institution shall, after the acquisition of the financial assets, be of as full force and ..... amendment to the cause title of the original application by adding it as sole trustee at the end of its name and dismissed the application requesting dismissal of the original application.8] aggrieved by the said order, petitioners filed the above miscellaneous .....

Sagar Ratna Restaurants Pvt. Ltd. Vs.vto (Ward 205) and Ors.

Court : Delhi

..... entered into by them were devoid of any provision of transferring the exclusive right to use the goods to the respective franchisees, (this, apart from the fact that what was being transferred was more than just the trade mark, and constituted composite services; thereby not falling within the definition of goods ) and thus, how the applicability of vat under the delhi sales tax act, and the dstrtug act, 2002 would be incorrect. mr. ..... , i.e the appellate authority, rejected mcdonald s plea after undertaking an analysis of the provisions of the dstrtug act, 2002, and the relevant clauses of the master license agreement. ..... there, the entire infrastructure, instruments, appliances and exchange remained in the physical control and possession of the petitioner at all times and there was neither any physical transfer of such goods nor any transfer of the right to use such ..... miscellaneous (a) this franchise agreement between franchisee and franchiser is on nonexclusive basis in the sense that franchiser shall be free to enter into franchise or any other arrangement with any party anywhere on similar or any other ..... when the finance act, 1994 (as amended) excludes sale of goods/deemed sale from the purview of service tax, it is equally necessary that delhi vat is not interpreted so as to levy vat on a ..... composite contract, the dominant nature test has to be applied as held by bsnl (supra) in the context of deemed sale as are made taxable by the legal fiction created by the 46th amendment. .....

Ministry of Defence (Respondent) Vs. Ab and Others (Appellants)

Court : UK Supreme Court

..... (5) if the person injured dies before the expiration of the period mentioned in subsection (4) above, the period applicable as respects the cause of action surviving for the benefit of his estate by virtue of section 1 of the law reform (miscellaneous provisions) act 1934 shall be three years from (a) the date of death: or (b) the date of the personal representative's knowledge; whichever is the later. ..... . from the claimant's point of view, there may be some interest in being encouraged to get on with it while the evidence is still fresh, but in general the claimant will want as long as possible in which to "recognise and consider their cause of action, to take legal advice on their case, and to attempt to negotiate a settlement with defendants" (para 1.36) ..... . foskett j was prepared to contemplate the possibility that the supreme court would extend the principle in fairchild v glenhaven funeral services ltd [2002] ukhl 22; [2003] 1 ac 32 so as to equate causing an increase of risk with causing injury ..... . in their amended points of claim on limitation those veterans who commenced proceedings before the publication of the rowland report allege that their knowledge of the existence of scientific evidence that demonstrated that their injuries were attributable to the acts or omissions of the defendants did not arise until after the commencement of proceedings .....

McDonalds India Pvt. Ltd. Vs.commissioner of Trade and Taxes

Court : Delhi

..... entered into by them were devoid of any provision of transferring the exclusive right to use the goods to the respective franchisees, (this, apart from the fact that what was being transferred was more than just the trade mark, and constituted composite services; thereby not falling within the definition of goods ) and thus, how the applicability of vat under the delhi sales tax act, and the dstrtug act, 2002 would be incorrect. mr. ..... , i.e the appellate authority, rejected mcdonald s plea after undertaking an analysis of the provisions of the dstrtug act, 2002, and the relevant clauses of the master license agreement. ..... there, the entire infrastructure, instruments, appliances and exchange remained in the physical control and possession of the petitioner at all times and there was neither any physical transfer of such goods nor any transfer of the right to use such ..... miscellaneous (a) this franchise agreement between franchisee and franchiser is on nonexclusive basis in the sense that franchiser shall be free to enter into franchise or any other arrangement with any party anywhere on similar or any other ..... when the finance act, 1994 (as amended) excludes sale of goods/deemed sale from the purview of service tax, it is equally necessary that delhi vat is not interpreted so as to levy vat on a ..... composite contract, the dominant nature test has to be applied as held by bsnl (supra) in the context of deemed sale as are made taxable by the legal fiction created by the 46th amendment. .....

Bikanerwala Foods Pvt. Ltd. Vs.uoi and Ors.

Court : Delhi

..... entered into by them were devoid of any provision of transferring the exclusive right to use the goods to the respective franchisees, (this, apart from the fact that what was being transferred was more than just the trade mark, and constituted composite services; thereby not falling within the definition of goods ) and thus, how the applicability of vat under the delhi sales tax act, and the dstrtug act, 2002 would be incorrect. mr. ..... , i.e the appellate authority, rejected mcdonald s plea after undertaking an analysis of the provisions of the dstrtug act, 2002, and the relevant clauses of the master license agreement. ..... there, the entire infrastructure, instruments, appliances and exchange remained in the physical control and possession of the petitioner at all times and there was neither any physical transfer of such goods nor any transfer of the right to use such ..... miscellaneous (a) this franchise agreement between franchisee and franchiser is on nonexclusive basis in the sense that franchiser shall be free to enter into franchise or any other arrangement with any party anywhere on similar or any other ..... when the finance act, 1994 (as amended) excludes sale of goods/deemed sale from the purview of service tax, it is equally necessary that delhi vat is not interpreted so as to levy vat on a ..... composite contract, the dominant nature test has to be applied as held by bsnl (supra) in the context of deemed sale as are made taxable by the legal fiction created by the 46th amendment. .....

Fayaz Ahmad Kishtwari Vs. Ghulam Hassan Bhat

Court : Jammu and Kashmir

Reported in : 2006(2)JKJ34

..... sarkar reported in 2002 cr.lj 3001 has held that the limitation for filing the complaint under section 138 of negotiable instruments act is provided in section 142 of the negotiable instruments act and the limitation atarts to run from the 16th day from the date of receipt of notice of demand by drawer in terms of proviso (e) to section 138 of negotiable instruments act. ..... the learned magistrate, after hearing the learned counsel for the complainant and the accused, 'held that the complaint has been presented after the prescribed period of limitation but in terms of mandate of proviso to section 142(b) of negotiable instrument act the court can condone the delay and accordingly, held that complaint is maintainable. ..... it appears that respondent, ghulam hassan bhat, filed a complaint under sections 138 of the negotiable instruments act before the first class judicial magistrate, chadoora against the accused, petitioner herein, on 18th march, 2003. ..... tasaduq, learned counsel for the petitioner, further argued that proviso to sub-section (b) to section 142 of the negotiable instruments act can be pressed into service when cause of action accrues. ..... while going through this provision, the complaint is to be made within one month from the date when cause of action accrues in terms of the proviso to sub-clause (b) of section 142 of the negotiable instruments act. ..... by the amendment, the proviso has been incorporated to sub-clause (b) of section 142 of the negotiable instruments act. .....

Y. Vijayalakshmi @ Rambha Vs. Manickam Narayanan, Proprietor, Seventh ...

Court : Chennai

Reported in : 2006(1)ALD(Cri)33; IV(2005)BC482; 2005CriLJ3572; 2005(3)CTC480

..... it was held as follows: 'the eligibility criteria under the negotiable instruments act does not get disturbed, if a gpa duly constituted initiates private complaints, for, as i have stated earlier, the power of attorney agent, steps into the shoes of the payee or the holder in due course of the cheque. .... ... .. ..... it has been held as follows:-'it is thus crystal clear that anyone can set the criminal law in motion by filing a complaint of facts constituting an offence before a magistrate entitled to take cognizance under section 190 and unless any statutory provision prescribes any special qualification or eligibility criteria for putting the criminal law in motion, no court can decline to take cognizance on the sole ground that the complainant was not competent to file the complaint. ..... consequently, connected criminal miscellaneous petitions are closed. ..... kumar) and (iii) on 25.1.2002 (y ..... , before writing ujwal textiles case reported in 2004 (2) ban 380 on 10.6.2003, wrote another judgment on 11 .11.2002 reported in 2003 (1) ald (crl. ..... sreelatha @ roja's case 2002 (2) crimes 19 (cited supra) also, this view was confirmed in the following words;'there is no law which prohibits filing of complaint through power of attorney either on behalf of the individual or on behalf of the ..... , by citing all these judgments excepting : the andhra pradesh high court in 2004 (2) ban 380 (ujwal textiles case) preferred to follow the principles laid down in s.p.sampathy case (db-andhra) 2002 (1) alt (crl. .....

National Mineral Development Corporation Ltd Vs. State of Karnataka by ...

Court : Karnataka

..... the act deals with the following aspects namely: general restrictions on undertaking prospecting and mining operations; procedure for obtaining prospecting licences or mining leases in respect of lands in which the minerals vests in the government; rules for regulating the grant of prospecting licences and mining leases; special powers of central government to undertake mining operations in certain cases; development of minerals as envisaged under section 18 and 19 of the act and miscellaneous provisions. ..... in the said case, the provisions of act 65 of 1951 as amended by act 26 of 1953, act 10 of 1955 and the sugar control order, 1955 with those of the impugned act and the u.p. ..... when that section uses the expression a body notified , it would mean a body which is either a state owned corporation or an instrumentality of the state over which the state has control, it cannot include a new category or class such as holders of mining leases. ..... collector of customs, bombay [(2002) 4 scc297, it was held that the rule of ejusdem generis is applicable when particular words pertaining to a class, category or genus are followed by general words and in such a case, the general words are construed as limited to things of the same kind as those specified. ..... indian institute of chemical biology and others [(2002) 5 scc111, which is applicable in the instant case, although that judgment was rendered in the context of article 12 of indian constitution.-. .....

Goyal Mg Gases pvt.ltd. Vs.ind Syndergy Limited & Ors.

Court : Delhi

..... the petitioner is that during pendency of the slps before the supreme court while the stay was operating, the negotiable instruments (amendment) ordinance, 2015 and, subsequently, the negotiable instruments (amendment) act so as to amend the negotiable instruments act, came to be issued/ passed. ..... section (1) thereof leaves no room for any doubt, that insofar as the offence under section 138 of the negotiable instruments act is concerned, on the issue of jurisdiction, the provisions of the code of criminal procedure, 1973, would have to give way to the provisions of the instant enactment on account of the non obstante clause in sub-section (1) of section 142-a. ..... said stay order continued to operate continuously till all the criminal miscellaneous (main) petitions were disposed of by this court vide judgment ..... , in any event, would have to be treated as without prejudice since the petitioner assailed the common order dated 30.08.2014 by filing 37 criminal miscellaneous (main) petitions before this court, including in respect of the said 7 cases. ..... subsequently, the petitioner filed 35 similar criminal miscellaneous (main) petitions before this court, and vide order dated 01.10.2014 in each of these cases, the operation of the order dated 30.08.2014 passed in the ..... not returned the original complaints in respect of the 30 cases in question by the time this court, while entertaining the petitioner s criminal miscellaneous (main) petitions, stayed the operation of the order dated 30.08.2014. .....

Govt. Of Nct of Delhi Vs. Union of India

Court : Supreme Court of India

..... of constitutional provisions and parliamentary enactments with respect to the nctd clearly establishes that 69th amendment and 1991 act were passed aiming for giving the residents of the nctd proper participation an ever larger say in the governance of nctd, ..... delhi, revenue department in exercise of the powers conferred by sub section(3) of section 27 the indian stamp act, 1899 (2 of 1899) and rule 4 of the delhi stamp (prevention of under valuation of instruments) rules, 2007 revising the 8 minimum rates for the purpose of chargeability of stamp duty on the instruments related to sale/transfer of agriculture land is illegal since the said notification was issued ..... the democratic values survive and become successful where the people at large and the persons-in-charge of the institution are strictly guided by the constitutional parameters without paving the path of deviancy and reflecting in action the primary concern to maintain institutional integrity and the requisite constitutional restraints . it is only when political conflicts are regulated through negotiations and accommodation ..... important provision is section 49 of the 1991 act which falls under part v of the act titled 'miscellaneous and transitional provisions" and stipulates the relation of the 200 lieutenant governor ..... india deserves to be interpreted, language permitting, in a 39(2002) 9 scc2392 manner that it does not whittle down the powers of the state legislature and preserves federalism while also upholding the central supremacy .....