Court : Mumbai
..... the case made out in the petition is that the petitioner company has obtained certificate of authorization from the reserve bank of india under section 7 of the payment and settlement systems act, 2007 (for short the said act of 2007 ) to operate a payment system for issue of meal and gift vouchers in the form of 'paper based vouchers' and 'smart meal cards' with effect from 25th june 2009. ..... he urged that the said vouchers are payment instructions or payment instruments issued under a payment system operated under the said act of 2007 as per the authorization received from the reserve bank of ..... the word "goods" has been defined in section 2(22) of the customs act and it includes in sub-clause (c) "baggage" and sub-clause (e) "any other kind of movable property". ..... any media whether in the form of books or computer disks or cassettes which contain information technology or ideas would necessarily be regarded as goods under the aforesaid provisions of the customs act. ..... the terms and conditions provide that the petitioner shall redeem all the valid vouchers returned to it by the affiliated establishments by making a payment to the affiliated establishment the value of the vouchers after deducting therefrom the service ..... urged that no interference is called for in writ jurisdiction. 6. ..... issue which arose for consideration in the said decision was as regards the nature of transaction by which mobile phone calls are enjoyed. ..... customers give the said vouchers to its employees called as users. .....
Tag this Judgment!Court : Punjab and Haryana
..... the grouse of the petitioner is that he was convicted by the learned judicial magistrate 1st class, jalandhar, for commission of an offence punishable under section 25 of the payment and settlement systems act, 2007, and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of rs. ..... these circumstances, without issuing notice to the opposite party, the present petition is disposed of with a direction to the learned additional sessions judge, jalandhar, to decide the application of the petitioner for additional evidence before pronouncing the judgment in the main appeal. ..... 000/-, in default thereof, to further undergo rigorous imprisonment sanjiv kumar sharma 2016.01.28 12:05 i attest to the accuracy and authenticity of this document crm no. ..... of 2014, titled as atul sood versus cholamandalam investment and finance company limited, before deciding the main criminal appeal. ..... it is stated that if the application of the petitioner for additional evidence is not decided before the decision of main appeal, his valuable right of challenging the said order will be ..... m-2673 of 2016 (o/m) for one year, vide judgment of conviction and order of sentence dated 12.11.2014 (annexure ..... petition has been filed under section 482 cr.p.c. ..... , the learned additional sessions judge, jalandhar, has ordered the hearing of the application and main appeal on one date. ..... petitioner claims that before the first appellate court, he has filed an application for additional evidence (annexure-p-4). .....
Tag this Judgment!Court : Supreme Court of India
..... under section 2(1)(i) of the payment and settlement systems act, 2007, a 'payment system' is defined as a system that enables payment to be effected between a payer and a beneficiary, involving clearing, payment or settlement service or all of them but does not include a stock ..... transaction regulated by rbi guidelines: as already pointed out above, without the sanction/ authorisation of the rbi to operate such a payment system under the payment and settlement systems act, 2007, nobody can operate such a system, as the purpose of the said act is to regulate the payment and settlement thereof by means of 'paper based vouchers'. ..... section (2) of section 127, it shall make detailed provision in so far as such provision is not made by this act, in the form of rules, modifying, amplifying or adding to the rules at the time in force for the following matters, namely: (a) the nature of the tax, the rates thereof, the class of classes of persons, articles or properties liable thereto and the exemptions therefrom, if any, to be granted; (b) the system of assessment and method of recovery and the powers exercisable by the commissioner or other officers in the collection of the tax; (c) the information ..... pre- paid instruments can be issued as smart cards, magnetic stripe cards, internet accounts, internet wallets, mobile accounts, mobile wallets, paper vouchers and any such instrument which can be used to access the pre-paid amount (collectively called prepaid payment instruments hereafter). .....
Tag this Judgment!Court : Supreme Court of India
..... for amendments in the indian partnership act, 1932, the central excise act, 1944, customs act, 1962, the income tax act, 1961, the recovery of debts due to banks and financial institutions act, 1993, the finance act, 1994, the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, the sick industrial companies (special provisions) repeal act, 2003, the payment and settlement systems act, 2007, the limited liability partnership act, 2008, and the companies act ..... power to call for information ..... information relating to the assets, finances and operations of the corporate debtor for determining the corporate debtor, including information relating to financial position of the (i) business operations for the previous two years; (ii) financial and operational payments for the previous two years; (iii) list of assets and liabilities as on the initiation date; and (iv) such other matters as may be specified; 105 (b) receive and collate all the claims submitted by creditors to him, pursuant to the public announcement made under sections 13 and ..... instructions to financial institutions maintaining accounts of the corporate debtor for a debit from any such accounts in excess of the amount as may be decided by the committee of creditors in their meeting; (f) undertake any related party transaction; (g) amend any constitutional documents of the corporate debtor; (h) delegate its authority to any other person; (i) dispose of or permit the disposal of .....
Tag this Judgment!Court : Delhi
..... a business of such nature has to be assumed to be the person in charge of and responsible for the conduct of its business, she cannot escape the prosecution for the offence under section 25 of the payment and settlement systems act, 2007, it being a matter of logical inference that the instruments with instructions for crl. m.c ..... to honour the transfer instruction or that it exceeds the amount arranged to be paid from that account by an agreement made with a bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this act, be punished with imprisonment for a term which may crl. m.c. no.555/2016 page 3 of 11 extend to two years, or with fine which may extend to twice the amount of the electronic funds transfer, or with ..... demand for the payment of the said amount of money by giving a notice in writing to the person initiating the electronic funds transfer within thirty days of the receipt of information by him from the bank concerned regarding the dishonour of the electronic funds transfer; and ..... filed seeking quashing of the proceedings in the said criminal complaint case, invoking the inherent powers and jurisdiction of this court under section 482 of the code of criminal procedure, 1973 (cr.p.c.). ..... satisfied with the said grounds or the documents filed therewith ..... registered post to her were returned with the remarks refusal ..... . the summons to the petitioner had been issued calling her upon to appear as an accused in .....
Tag this Judgment!Court : Supreme Court of India
..... . payment for one or more pre-paid payment instruments, as defined in the policy guidelines for issuance and operation of pre-paid payment instruments issued by reserve bank of india under section 18 of the payment and settlement systems act, 2007 (51 of 2007), to a banking company or a co-operative bank to which the banking regulation act, 1949 (10 of 1949), applies (including any bank or banking institution referred to in section 51 of that act) or to any other company or institution ..... . penalty for breach of confidentiality and privacy save as otherwise provided in this act or any other law for the time being in force, if any person who, in pursuance of any of the powers conferred under this act, rules or regulations made thereunder, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may .....
Tag this Judgment!Court : Karnataka
..... it is contended that the reserve bank of india (rbi) has issued a certificate of authorization to the petitioner for operation of semi- closed prepaid payment instruments (mobile wallet) under the payment and settlement systems act, 2007 (pss act for short), which is valid till 30th september, 2021; licence under the food & safety standards act, 2006 (fss act for short) is said to have been granted to carry on food business. ..... under articles226& 227 of the constitution of india, praying to declare that the petitioner does not require any license or permission to conduct business of online order processing and delivery of indian and foreign liqour including beer, wine and low alcoholic beverages ("lab") carried out by the petitioner in the state of karnataka, issue a writ of certiorari to call for the records pertaining to the impugned letter of the respondent dated0311.2018 having reference no.ecd/50/rev/gen/2016-17 (annexure ..... law relating whereas, it is expedient to provide for a uniform the production, manufacture, possession, import, export transport, purchase and sale of liquor and intoxicating drugs and the levy of duties of excise thereon, in the state of karnataka, and for certain other matters hereinafter appearing; to 16. ..... we have found that there is no legal duty cast on the commissioner or the state government exercising powers under section 14 of the act read with rule 4 of the 1975 rules to grant the licence applied for. .....
Tag this Judgment!Court : Delhi
..... on the criminal complaint (no.2265/2017) of the second respondent (the complainant), the petitioner has been summoned as accused, by order dated 25.07.2018 of the metropolitan magistrate, to answer the accusations of offence under section 25 of the payment and settlement systems act, 2007. ..... the petitioner has come up with the petition at hand invoking the inherent powers of this court under section 482 of the code of criminal procedure, 1973 (cr.p.c) to assail the summoning order primarily on the grounds that he has been wrongly shown in the complaint as director of the company he having resigned way back; the electronic clearing system was not initiated by him or with his consent; and that the responsibility for the payment was of the company accused or of mr. ..... therefore, no case is made out for this court to intervene at this stage of the process under section 482 cr.p.c. ..... no.4667/2018 page 1 of 2 petitioner, as also one another (vivek kumar sharma), but no payment was made in response thereto.2. ..... the pleas of denial and resignation will have to be tested on the basis of evidence. ..... meenakshi dahiya, app for the state. ..... the petition and the applications filed therewith are dismissed.5. ..... it is the allegation of the complainant that notice of demand was issued on 02.01.2017 through speed post to the said company, and to the crl. m.c. ..... the questions of fact will have to be addressed in the inquiry or trial before the trial court [rajiv thapar and ors. vs. .....
Tag this Judgment!Court : Supreme Court of India
..... act, the banking regulation act, 1949 and the payment and settlement systems act, 2007, and also in view of the special place and role that the rbi has in the economy of the country, 50 the rbi had very wide and ample powers to take preventive and ..... and other banks on financial and banking matters, and for this purpose, the bank keeps itself informed of the activities and monetary position of scheduled and other banks and inspects the books and accounts of scheduled banks and advises the government after inspection of the said books and ..... in writ petition (civil) no.906 of 2016 and other connected petitions, observing therein that, in their opinion, following important questions fall for consideration: (i) whether the notification dated 8th november 2016 is ultra vires section 26(2) and sections 7, 17, 23, 24, 29 and 42 of the reserve bank of india act, 1934; (ii) does the notification contravene the provisions ..... called the specified bank notes (cessation of liabilities) ordinance, 2016 (hereinafter referred to as the 2016 ordinance for the sake of brevity) promulgated by the hon ble president of india, which was later made an act of the parliament, namely, the specified bank notes (cessation of liabilities) act, 2017 (hereinafter called 2017 act for the sake of brevity) and ..... (1) every banking company defined under the banking regulation act, 1949 (10 of 1949) and every government treasury shall complete and forward a return showing the details of specified bank notes held by it at the .....
Tag this Judgment!Court : Supreme Court of India
..... act, 1885, the bankers books evidence act, 1891, the credit information companies (regulation) act, 2005, the public financial institutions (obligation as to fidelity and secrecy) act, 1983, the payment and settlement systems act, 2007, the income 64 tax act, 1961, the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016, the census act, 1948, the collection of statistics act, 2008, the juvenile justice (care and protection of children) act, 2015, the protection of children from sexual offences act, 2012 and the information technology act ..... way of privilege of witnesses against self-incrimination, when called for giving oral testimony or for production of documents. ..... case of mental illness the court has adequate power to examine the party or get him examined by a qualified doctor, we are of the opinion that in an appropriate case the court may take recourse to such a procedure even at the instance of the party to the lis95 furthermore, the court must be held to have the requisite power even under section 151 of the code of civil procedure to issue ..... for the publication of private information by private persons which would not be available to the state - i have particularly in mind the position of the media, to which i shall return in a moment - but i can see no logical ground for saying that a person should have less protection against a private individual than he would have against the state for the 15 geoffrey robertson, qc and .....
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