Court : Mumbai
..... 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. ..... 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 ..... obtained an authorization under section 7 of the said act of 2007. ..... used up so that it ceases to exist within the municipal limits or it was to be used for an indefinite period within the municipal limits so that it ultimately rests within the municipal limits and does not go out subsequently, or the commodity concerned must be shown to have been brought within the municipal limits for the purpose of sale within the said limits. 14. ..... 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 said decision held thus: 30.....similarly, the expression "goods" had a very wide and comprehensive meaning and assuming delivery is necessary would include the entire telephone system as well as telephone appliances, instruments, materials, towers, exchanges, etc. ..... has contracts with various affiliates such as restaurants, departmental stores, shops, etc. .....
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. ..... 608 of 2014, titled as atul sood versus cholamandalam investment and finance company limited, before deciding the main criminal appeal. ..... m-2673 of 2016 (o/m) for one year, vide judgment of conviction and order of sentence dated 12.11.2014 (annexure-p-2). ..... this petition has been filed under section 482 cr.p.c. ..... however, the learned additional sessions judge, jalandhar, has ordered the hearing of the application and main appeal on one date. ..... 10,000/-, 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. .....
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 exchange. ..... 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 required to be given of liability to the tax; (d) the penalties to which persons evading liability or furnishing incorrect or misleading information or failing to furnish information may be subjected; (e) such other matters, not inconsistent with the provisions of this act, as may be deemed expedient by the corporation: provided ..... we are concerned with rule 3(7)(iii), which deals with the value of free food, etc. ..... this arrangement is made to help the customers by simply facilitating the provision for making available food items, etc. ..... for utilisation of these vouchers by such employees, the appellant has made arrangements with various restaurants, departmental stores, shops, etc. .....
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, 2013.5. ..... 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 15; (c) constitute a committee of creditors; (d) monitor the assets of the corporate debtor and manage its operations until a resolution professional is appointed by the committee of creditors; (e) file information collected with the information utility, if necessary; and (f) take control and ..... states have power to legislate against what are found to be injurious practices in their internal commercial and business affairs, so long as their laws do not run afoul of some specific federal constitutional prohibition, or of some valid federal law [lincoln federal labor union, etc. v. ..... conform to norms which are rational, informed with reason and guided by public interest, etc. .....
Tag this Judgment!Court : Delhi
..... since the proprietor of 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. ..... pertinent to note here that by virtue of section 25 (5) of the payment and settlement systems act, 2007, the provisions of chapter xvii of the negotiable instruments act, 1881, apply to the dishonor of electronic funds transfer. ..... section 27 of payment and settlement systems act, 2007 is a provision similar to the one contained in section 141 of negotiable instruments act, 1881, on the subject of offences by companies, and reads thus:-" 27 ..... on the criminal complaint (cc no.1047/2015) of the second respondent, she and her said firm (shown in the array as second and first accused respectively) were summoned by the metropolitan magistrate by order dated 19.05.2015, on the accusations of offence punishable under section 25 read with section 27 of the payment and settlement systems act, 2007. ..... the beneficiary makes a 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 d. ..... dishonour of electronic insufficiency, etc. .....
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 ..... information and information processing facilities; (b) implementing controls to prevent and detect any loss, damage, theft or compromise of the assets; (c) allowing only controlled access to confidential information; (d) implementing controls to detect and protect against virus/malwares; (e) a change management process to ensure information security is maintained during changes; (f) a patch management process to protect information systems from vulnerabilities and security risks; (g) a robust monitoring process to identify unusual events and patterns that could impact security and performance of information systems and a proper reporting and ..... offences, tax purposes, etc.172) there are numerous case laws both american and european presented by the petitioners and the respondents with respect to 70 regulation (eu) 2016/679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/ec ( .....
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. ..... the learned counsel inviting the attention of the court to the object of the pss act submitted that the said act was enacted, inter alia to empower the rbi to issue directions and guidelines to system providers and regulate the various payment and settlement systems in the country. ..... the arguments advanced on behalf of the petitioner that the first part of the petitioners business is regulated by the rbi under the pss act and the rbi has issued the authorization to provide a payment system in respect of liquor in terms of sections 6 and 7 of the pss act cannot be a ground to escape from the restrictions / regulations to which the liquor trade is subjected to, by the state. ..... before issuing a writ of mandamus, the high court should have, at the back of its mind, the legislative scheme, its object and purpose, the subject matter, the evil sought to be remedied, states exclusive privilege etc. .....
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. ..... 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. vivek kumar sharma also ..... no.4667/2018 page 1 of 2 petitioner, as also one another (vivek kumar sharma), but no payment was made in response thereto.2. ..... . therefore, no case is made out for this court to intervene at this stage of the process under section 482 cr.p.c ..... . the pleas of denial and resignation will have to be tested on the basis of evidence ..... . 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
..... held that, in view of the provisions contained in the rbi 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 curable measures. ..... whether the i) the power available i) the central power available to the to the central government government possesses central government under sub section (2) of the power to initiate under sub section (2) of section 26 of the rbi act and carry out the section 26 of the rbi cannot be restricted to process of act can be restricted to mean that it can be demonetisation of all mean that it can be exercised only for one or 5 question, as reframed his lordship s ..... the implementation of the recommendation.2) that the consultations between the central government and the bank began in february, 2016; however, the 104 process of consolidation and decision making were kept confidential.3) that the bank and the central government were together engaged in the finalization of new designs, development of security inks and printing plates for the new designs, change in specifications of printing machines and other critical aspects ..... factors: a) the letter of the central government dated 7th november 2016; b) the agenda note dated 8th november 2016, if any, placed before the central board of rbi and the relevant research papers, background notes, information, data, report, etc. .....
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 ..... and intimate nature of an individual s health information, unlike other forms of documentation, reflects delicate decisions and choices relating to issues pertaining to bodily and psychological integrity and personal autonomy individuals value the privacy of confidential medical information because of the vast number of people who could have access to the information ..... must be held to have the requisite power even under section 151 of the code of civil procedure to issue such direction either suo motu or otherwise which, according to him, would lead to the truth ..... specific data information, subject without the use of additional provided is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person; that such additional the information (f) the tax etc: the regulatory framework of tax and working of .....
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