Court : Supreme Court of India
Reported in : JT2009(10)SC554; 2009(11)SCALE217; (2009)8SCC1; [2009]96SCL403(SC); 2009AIRSCW5709
..... , is regulated under the provisions of the reserve bank of india act, 1934 as also the banking regulation act, 1949 (for short, 'the 1949 act') its directions are statutory in character.56. ..... , deal with contention of learned counsel for the appellant that having regard to the definition of `securities' as contained in section 2(c) of the 1992 act which does not involve `bill discounting and rediscounting', the special court had no jurisdiction to try the accused for the offences alleged against them.41. ..... state of maharashtra : (2001) 8 scc 257, this court held:the use of different words in sections 6 and 7 of the act as already noticed earlier also show that the words in section 7 that the prosecution for any offence shall be instituted only in special court deserve a ..... air 1960 sc 610 this court while interpreting the definition of 'industry' as contained in section 2(j) of the industrial disputes act, 1947 held as under:it is obvious that the words used is an inclusive definition denote extension and cannot be treated as ..... . thus, it is manifest that the meeting of minds of two or more persons for doing an illegal act or an act by illegal means is sine qua non of the criminal conspiracy but it may not be possible to prove the agreement ..... . to constitute a conspiracy, meeting of mind of two or more persons for doing an illegal act or an act by illegal means is the first and primary condition and it is not necessary that all the conspirators must know each ..... governed by sound practice .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC2599; 2007(6)ALLMR(SC)447; 2007(2)BLJR2218; JT2007(7)SC127; 2007(7)SCALE278; (2007)10SCC306
..... a qualification not entered in the schedule are such as to secure the possession by persons obtaining such qualification of the requisite knowledge and skill for the efficient practice of their profession, it shall be lawful for the state government from time to time by notification in the official gazette, to direct that the possession of any qualification ..... of that schedule with their abbreviations specified in column 3 thereof are not such as to secure the possession by persons obtaining such qualifications of the requisite knowledge and skill for the efficient practice of their profession, or if it shall appear to the state government, on the report of the council or otherwise, that the course of study and examinations prescribed by any institution conferring ..... the state of maharashtra and some other states they could not have been divested of their right to practice by reason of the central act on the premise that they having the requisite qualification had a fundamental right in terms of article 19(1)(g) of the constitution to carry on veterinary practice or continue to be in the service of the state and any restriction placed on such rights should ..... the voids/hakims who had been registered under the east punjab ayurvedic and unani practitioners act, 1949 and the pepsu ayurvedic and unani practitioners act, 2008 bk and the punjab ayurvedic and unani practitioners act, 1963 as persons practising modern system of medicine for purposes of the drugs .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2007)211CTR(SC)292; [2007]293ITR194(SC); JT2007(10)SC106; 2007(9)SCALE691; (2007)7SCC262
..... ) to such income credited or paid in respect of deposits (other than time deposits made on or after the 1st day of july, 1995) with a banking company 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);(vii) to such income credited or paid in respect of,-(a) deposits with a primary agricultural credit society or a primary credit society or a co-operative land mortgage bank or a cooperative land development bank ..... to, the payee, [does not exceed five thousand rupees:]provided that in respect of the income credited or paid in respect of-(a) time deposits with a banking company 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(b) time deposits with a co-operative society engaged in carrying on the business of banking;(c) deposits with a public company which is formed and registered in india with the main object of carrying ..... or paid by a branch of the banking company or the cooperative society or the public company, as the case may be;](ii) [***](iii) to such income credited or paid to-(a) any banking company to which the banking regulation act, 1949 (10 of 1949), applies, or any co-operative society engaged in carrying on the business of banking (including a co-operative land mortgage bank), or(b) any financial corporation established by or under a central, state or provincial ..... such practice.9. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1205; (1986)2GLR1239; 1986(1)SCALE1180; (1986)3SCC20; [1986]2SCR700
..... rise to the present appeal sought to challenge two standing orders made by the municipal commissioner of the municipal corporation of the city of ahmedabad in exercise of his powers under section 466(1)(d)(b) of the bombay provincial municipal corporation act 1949 directing that the municipal ?laughter houses should be kept open for use on all days except on seven days mentioned in the two standing orders. 8. ..... janmohammed usmanbhai challenged the validity of the aforesaid two standing orders framed under section 466(1)(d)(b) of the bombay provincial municipal corporation act, 1949 directing the closure of slaughter houses on seven days named in the standing orders being violative of articles 14 and 19(1)(g) of the constitution inasmuch as the closure of the slaughter house adversely effected his trade as animals could not be ..... fundamental rights of the citizens affected thereby and the larger public interest sought to be ensured in the light of the object sought to be achieved, the necessity to restrict the citizen's freedom, the inherent pernicious nature of the act prohibited or its capacity or tendency to be harmful to the general public, the possibility of achieving the object by imposing a less drastic restraint, and in the absence of exceptional situations such as the prevalence of a state of emergency, national or local, or the ..... sheep and goat give very little milk compared to the cows and the female buffaloes, and have practically no utility as draught animals. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC1389; (1975)2SCC302; [1975]SuppSCR151
..... a demand form higher levy put forward by the state which had been armed by the amendment of the land reforms law and the rules under section 15 of the central act, mineral prospectors and quarriers moved petitions under article 226 of die constitution in the patna high court, although those petitions were dismissed, appeals were carried to this court which ..... of rule 20(2) framed by the bihar government under section 15 of the mines and minerals (regulation and development) act, 1957 (act lxvii of 1957)(for short, the central act) and the second proviso to section 10(2) of the bihar land reforms act, 1950 (for brevity, the bihar act) has been challenged on various grounds in the petitions, a validating statute by parliament transforming them into central legislation, ..... that the terms and conditions of the said lease in regard to minor minerals as defined in the mines and minerals (regulation and development) act, 1957 (act lxvii of 1957) shall, in so far as they are inconsistent with the rules of that act, stand substituted by the corresponding terms and condition by those rules and if further ascertainment and settlement of the terms will become necessary then necessary ..... the new act to the extent to which it purported to validate acts done under the earlier act of 1949 which had ..... electricity supply undertakings act, 1949 clothed the state ..... act 29/54 which incorporated the impugned provisions of the earlier act of 1949 and purported to validate the action taken under the earlier act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC4278; JT2003(Suppl2)SC52; 2003(6)SCALE802; (2003)10SCC533
..... due on account of consolidated rate on any land or building from the person primarily liable therefore under section 193, [the municipal commissioner shall, notwithstanding anything contained in the west bengal premises tenancy act, 1956 or in any other law for the time being in force, recover] from every occupier of such land or building , by attachment of the rent payable by such occupier , ..... disputed tax as contemplated by section 406(2)(e) as a condition for entertaining the appeal; since the landlord can pass on the enhanced burden to the tenant according to the bombay rent act and also where there is a stipulation between him and the tenant where under the liability to pay the property taxes is exclusively placed upon the tenant, the landlord would ..... tenant as also on all the occupants of such buildings and give them opportunity of hearing at every stage would not only be a marathon exercise involving insurmountable practical difficulties and bottlenecks but would make the whole process highly cumbersome, if not, impossible in finalising the assessment within a reasonable time ..... . somewhat similar provisions in bombay provincial municipal corporation act, 1949, were examined and similar challenges made to them, on behalf of tenants and occupants, were rejected by this ..... . taking into consideration, however, the practical difficulties particularly concerning multi-storeyed buildings occupied by several tenants, sub-tenants and occupants, a mere non-issuance and/or service of public .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1999(10)SC178; 1999(7)SCALE594; (2000)2SCC185; [1999]Supp5SCR371
..... similarly, the madras aliyasanthana act, 1949 (chapter iv) has altered the law of intestate succession among hindus, other than jains, governed by the aliyasanthana law of inheritance.33. ..... the judgment as available on record contains a detailed analysis of the practice and procedure also as regards the entitlement of the parties. ..... it is not the practice of this court to re-appreciate the evidence for the purpose of examining whether the finding of fact arrived at by the high court and the subordinate court is correct or not. ..... reversionary interest could be considered if that reversioner is in the line of succession and not an ousted reversioner or otherwise briefly put an ousted co-sharer cannot act and be termed to be a reversioner in interest. ..... the madras marumakkattayam act has altered the law as laid down by the full bench decisions in ,-, govindan nair v. ..... properties were given to them not because they had any right to pandambeli properties, but only as an act of charity. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC3208; 1(1996)BC488(SC); JT1996(3)SC203; 1996(2)SCALE734; (1996)8SCC407; [1996]3SCR322; (1996)3UPLBEC2083
..... the shephard's case (supra) when some private banks were amalgamated with punjab national bank, canara bank and state bank of india in terms of separate schemes drawn under section 45 of the banking regulation act, 1949, some of the employees of the amalgamated banks were excluded from employment in the transferee banks and such exclusion was made without giving the employees an opportunity of being heard. ..... in the aforesaid case the question for consideration was, when some private banks are amalgamated with the nationalised bank under the provisions of banking regulation act 1949 can the employees of the private banks claim to be governed by an age of superannuation of the transferor bank or they would be governed by the terms and conditions of service applicable to the employees of corresponding ranks or status of the transferee ..... solicitor general replying to the contentions raised by the learned counsel for the appellants submitted that the framing of the amalgamation scheme framed by the central government in exercise of powers under section 9 of the acquisition act had not brought in a total fusion and was in a transitory stage and clause 5(4) of the said amalgamation scheme authorised the central government to make a scheme of placement in consultation with the reserve bank of ..... court further observed :counsel for the respondents explain that when equated groups from different sources are brought together quota-rota expedients are practical devices familiar in the field. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC1952; 1997(4)ALLMR(SC)450; [1997]89CompCas74(SC); JT1997(4)SC15; 1996(5)SCALE17; (1997)10SCC488; [1997]3SCR51
..... government enter into any contract for the sale or purchase of securities other than such spot delivery contract or contract for cash or hand delivery or special delivery in any securities as is permissible under the said act and the rules, bye-laws and regulations of a recognised stock exchange:provided that a contract other than a spot delivery contact or contract for cash or hand delivery or special delivery in any securities on the ..... the appellant banks had, inter alia, contended that the transactions in question were not illegal and did not contravene the provisions of banking regulation act, 1949 and the circulars issued by the reserve bank of india thereunder and nor were they contrary to the provisions of the securities contract regulation act, 1956 and the notification issued under section 16 thereof. ..... as is evident from the above the intention of framing the aforesaid act was to protect the interest of the banks and financial institutions from irregularities and mal-practices which had been committed by some brokers in collusion with employees of various banks ..... that the act has been passed because of the diversion of funds from the banks and financial institutions to the individual accounts of certain brokers, the implication of section 11(2)(b) clearly is that after the discharge of the liabilities under section 11(2)(a), the amounts which are paid to the banks would probably be those funds which were diverted from the banks by reason of mal-practices in the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2008)216CTR(SC)303; 2008(226)ELT22(SC); [2008]300ITR403(SC); JT2008(6)SC83; 2008(6)SCALE733; 2008AIRSCW3665
..... additional solicitor general of india appearing on behalf of the respondent/revenue, on the other hand, has contended that the power under the said provision, which is found in chapter xiv of the act, prescribing procedure for assessment, relates to the inquiry before the assessment and the special audit is to facilitate the assessment to protect the interests of the revenue, which is of paramount consideration and ..... question arose whether in the absence of a provision for giving the concerned parties an opportunity of being heard before an order is passed under the provisions of section 269ud of the act, for purchase by the central government of an immovable property agreed to be sold on an agreement to sell, an opportunity of being heard before such an order could be passed ..... express provision is laid down in this behalf, compliance with the principles of natural justice would be implicit, the learned judges held that by virtue of an order under section 142(2a) of the act, the assessee suffers civil consequences and the order passed would be prejudicial to him and, therefore, principles of natural justice must be held to be implicit. ..... to learned counsel for the petitioner, before any direction can be issued under section 142(2a) of the income tax act, 1961 (in short 'the act') for special audit of the accounts of the assessee, there has to be a pre-decisional hearing and an opportunity ..... be proceeded against by a statutory authority under the chartered accountants act, 1949. .....
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