Court : Mumbai
..... 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. ..... 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 india. ..... the petitioner has obtained an authorization under section 7 of the said act of 2007. ..... for being totally 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. ..... side of the said form, the general terms and conditions for meal vouchers have been set ..... as per the directions of the apex court in special leave petition nos.3746 of 2014 and 3747 of 2014 passed on 19th september 2014, priority is given to the final hearing ..... the purchase of a railway ticket gives the right to a person to travel ..... that the possession of lottery tickets gives a right to participate in the draw ..... the customers give the said vouchers to its .....
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. ..... in 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. ..... for issuance of direction to the learned additional sessions judge, jalandhar, to decide the application for additional evidence, filed in cra no. ..... 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
..... the appellant is also required to adhere to the pre-paid issuance and operation of the payments instruments in india (reserve bank) directions, 2009 issued under the payment and settlement systems act, 2007 and revised consolidated guidelines, 2014. ..... , the certificate issued to the appellant contains the following terms and conditions: the payment system provider shall adhere to the provisions of the payment and settlement systems act, 2007, regulations issued thereunder and the directions/guidelines issued by the reserve bank of india. ..... of the taxes specified in sub-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 ..... the charges paid by the subscribers for procuring a sim card are generally processing charges for activating the cellular phone and consequently the same would necessarily be included in the value of the sim card ..... if the face value of the said vouchers is rps ?.50, by giving these vouchers to its customers, the appellant only takes specified service charges from its customers, which is normally ?.2 for ?.50 .....
Tag this Judgment!Court : Supreme Court of India
..... 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 ..... general for india, and shri tushar mehta, learned solicitor general for india, appearing for the union of india, and shri rakesh dwivedi, learned senior advocate, appearing for the reserve bank ..... directions of the liquidator shall have the following powers and duties, namely: the adjudicating authority, xxx xxx xxx to sell to section 52, the (f) subject immovable and movable property and actionable claims of the corporate debtor in liquidation by public auction or private contract, with power to transfer such property to any person or body corporate, or to sell the same in parcels in such manner as may be specified: provided that the liquidator shall not sell the immovable and ..... securities in case the corporate debtor is a company; the capital structure of 85 transaction (d) record any change in the ownership interest of the corporate debtor; (e) give 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 .....
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. ..... no.555/2016 page 5 of 11 act or any regulation, direction or order made thereunder is a company, every person who, at the contravention, was in-charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: time of the provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the contravention took place without ..... the petition at hand was 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.). ..... 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. .....
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 ..... section 57(1) of petroleum and natural gas regulatory board act, 2007 no court shall take cognizance of any offence punishable under chapter ix save on a complaint made by the board or by any investigating agency directed by the central government.6) section 47 of banking regulation act, 1949 no court shall take a cognizance of any offence punishable under sub section (5) of section 36aa or section 46 except upon complaint in writing made by an officer of the reserve bank or, as the case may be, the national bank generally or specially authorised in writing in this behalf by the reserve bank, or as the case may be, the national bank ..... fourthly, the amendment of article 352 by the 44th amendment gives the council of states a most the declaration of emergency, because a proclamation of emergency must be approved by each house separately by majorities required for an amendment of the constitution fifthly, the executive power of the union is vested in the president of india who is not directly elected by the people but is elected by an .....
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 ..... 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. ..... 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. ..... it was submitted by the learned additional solicitor general that these cases, namely, bhavani tea estate (supra) and vishnu agencies (supra) would have no application within the set up of the coffee act because the provisions of the statute expressly provided that there could be no sale or contract of sale, yet the high court had for purposes of sales tax assumed (notwithstanding the statutory prohibition) that the ..... further, the petitioner was compelled by the respondent to give an affidavit dated 15.11.2018 stating that it has disabled the online delivery of liquor, without prejudice to its .....
Tag this Judgment!Court : Delhi
..... 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. ..... 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. ..... 4667/2018 page 1 of 2 petitioner, as also one another (vivek kumar sharma), but no payment was made in response thereto.2. ..... , no case is made out for this court to intervene at this stage of the process under section 482 cr.p.c. ..... but it failed to give credit of the corresponding amount of ..... the petition gives rise to questions of ..... the pleas of denial and resignation will have to be tested on the basis of ..... 400/- in the account of the complainant company in december, 2016, intimation having been given by the concerned bank on 16.12.2016. ..... the petition and the applications filed therewith are ..... 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. .....
Tag this Judgment!Court : Supreme Court of India
..... submitted that, though this court 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. ..... that it is only on the perusal of the minutes of the meeting dated 8th november 2016, of the central board, 22 it could be seen as to whether the requisite quorum was there or not and as to whether one director from the category under section 8(1)(c) of the rbi act as required under the reserve bank of india (general) regulations, 1949 (hereinafter referred to as the 1949 regulations ) was present in the meeting or not.30. ..... examining the scope and effect of the impugned paragraphs (6) and (12) of the directions of 1987, it is also important to note that reserve bank of india which is bankers' bank is a creature ..... the court can only strike down some or entire directions issued by the reserve bank in case the court is satisfied that the directions were wholly unreasonable 168 or violative of any provisions of the constitution ..... if one party makes a proposal to the other, who has a counter-proposal in mind which is not communicated to the proposer, a direction issued to give effect to the counter-proposal without any further discussion with respect to such counter-proposal with the proposer cannot be said to have been issued .....
Tag this Judgment!Court : Supreme Court of India
..... general and shri tushar mehta, learned additional solicitor general, in particular, argued that our statutes are replete with a recognition of the right to privacy, and shri tushar mehta cited provisions of the right to information act, 2005, the indian easements act, 1882, the indian penal code, 1860, the indian telegraph 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, ..... 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 such ..... dignity of the individual and other cherished human values as a means to the full evolution and expression of his personality, and in delegating to the legislature, the executive and the judiciary their respective powers in the constitution, reserved to themselves certain ..... and worship" and "fraternity assuring the dignity of the individual and also emanating from article 19 (1)(a) which gives to every citizen "a freedom of speech and expression" and further emanating from article 19(1)(d) which gives to every citizen "a right to move freely throughout the territory of india" .....
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