Judgment Search Results Home > Cases Phrase: securities laws amendment act 2004 chapter iii amendments to the depositories act 1996 Page 2 of about 1,913 results (0.412 seconds)

Sahara India Financial Corporation Ltd. Lucknow vs.cit and Ors.

Court : Delhi

..... the objective of this amendment has been explained in the memorandum explaining the finance bill, 2013 as: the existing provisions contained in sub-section (2a) of section 142 of the income-tax act, inter alia, provide that if at any stage of the proceeding, the assessing officer having regard to the nature and complexity of the accounts of the assessee and the interests of the revenue, is of the opinion that it is necessary so to do, he may, with the approval of the chief commissioner or commissioner, direct the assessee to get his accounts audited by an accountant and to furnish a report of ..... held: in suitable, cases, giving retrospective effect to such validating law was permissible by legislative exercise of the power; this court accepted the retrospective validation in fiscal statutes and rarely in other laws relating to procedural facets in the respective legislative entries in lists i, ii and iii of the seventh schedule to the constitution and rarely in areas of divesting vested rights had under the judgment. w.p. ..... the absence of availability of depositor ledger, it was not the possible company s to provisions under chapter xvii-b of it act ..... followed in respect of broken period interest on securities.2. ..... state of kerala, (1996) 7 scc537in the following terms: field fundamentally altering or changing in exercising legislative power, the legislature by mere declaration, without anything more, cannot directly overrule, revise or override ..... cit (2004) 267 itr0345was cited in this .....

Regina Vs. Rimmington (Appellant) (on Appeal from the Court of Appeal ...

Court : House of Lords

..... law, 5th ed (1942), vol iii, p 11), "the novel disseisin was directed to secure an undisturbed possession: the assize of nuisance to secure ..... the criminal law (1877, chapter xix, p 108) sir james stephen defined a common nuisance as " an act not warranted by law or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise ..... and srivastava [2004] ewca crim 2375, [2005] 1 cr app r 328, paras 29-34, in a passage which i would respectfully adopt: "29 to develop his argument on uncertainty, mr gledhill [for dr misra] focussed our attention on art 7 of the convention, entitled 'no punishment without law' which provides: '7(1) no-one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it ..... the environmental protection act 1990, as amended, establishes nine categories of statutory nuisance (the state of premises, smoke emissions, fumes or gases from dwellings, effluvia from industrial trade or business premises, accumulations or deposits, animals, noise from premises, noise from vehicles or equipment in a street and other matters declared by other acts ..... the indictment preferred against him was challenged at the central criminal court before leveson j, who held a preparatory hearing under section 29 of the criminal procedure and investigations act 1996 to resolve the issues of law raised by the .....

The State Of Telangana Vs. M/s Tirumala Constructions

Court : Supreme Court of India

..... service tax as a subject matter was within the residuary power of the union; nevertheless, entry 92c was introduced into the union list by the constitution (88th amendment) act, 2004 clarifying that the union had exclusive authority to impose a service ..... the commencement of part iii of this act, were being lawfully levied by any provincial government, municipality or other local authority or body for the purposes of the province, municipality, district or other local area under a law in 41 force on the first day of january, nineteen hundred and thirty-five, may, not withstanding that those taxes, duties, cesses or fees are mentioned in the federal legislative list, continue to be levied and to be applied to the same purposes until provision to the contrary is made by the ..... the special category carved out is proviso to article 368, not only the special procedure to be resorted to but also super added to it is the requirement of amendment having to secure the ratification and the proviso of one half of the state legislature by the ..... the scheme of legislative relations between the union and the states by departing from the underlying theory of exclusivity of legislative fields between parliament and the state legislatures, in terms of the distribution of legislative powers carried out by chapter i of part xi of the ..... (1988) supp (2) scr43416 (2000) supp 3 scr18517 (2011) 4 scr73918 (2021) 15 scr9619 1964 (8) scr217 air1964sc172920 1963 (2) scr74721 (1996) supp (3) scr9822 1996 suppl. .....

Priya Indoria Vs. The State Of Karnataka

Court : Supreme Court of India

..... the code of criminal procedure (uttar pradesh amendment) act, 2022 makes the provision of anticipatory bail inapplicable (a) in case of offences arising out of, (i) the unlawful activities (prevention) act, 1967; (ii) the narcotic drugs and psychotropic substances act, 1985; (iii) the official secrets act, 1923; (iv) the uttar pradesh gangsters and anti-social activities (prevention) act, 1986; (v) the protection of children from sexual offences act, 2012; (b) to those offences in which the death sentence may be awarded; (c) to the ..... would be essential to keep the arrested person at the police station on the basis of the following criteria: (i) the person s unwillingness to identify himself so that a summons may be served upon him; (ii) the need to prevent the continuation or repetition of that offence; (iii) the need to protect the arrested person himself, or other persons or property; (iv) the need to secure or preserve evidence of or relating to that offence or to obtain such evidence from the suspect by questioning him; and 58 (v) the likelihood of the person failing to appear at ..... avoid the abuse of the process of the court as well as the law by the accused, it is necessary for the court before which the plea for anticipatory bail is made, to ascertain the territorial connection or proximity between the accused and the territorial jurisdiction of the ..... chapter xiii of the crpc and the existing/general criminal jurisprudence recognize that cognizance of an offence and not the .....

The Income-tax Officer Vs. Smt. Sukhini P. Modi, Smt. Radhika

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2008)112ITD1(Ahd.)

..... it was amended by taxation laws (amendment) act, 1970 with effect from 1-4-1971 to the following: (b) .. ..... in other words, if the statutory conditions are inserted simply for the security or benefit of the party to the proceeding and no public interests are involved, such conditions will not be considered as indispensable and either party may waive them without affecting the jurisdiction of the authority seized of the proceeding. ..... 1996-97 noted that the assessee having submitted to the jurisdiction of the ao and participated in the proceeding on each date of hearing, which lasted for more than one year, raising all possible pleas on merits of the case cannot challenge the validity of service of notice under section 143(2) for the first time before tribunal which is held it to be a clear case of waiver and/or abandoning the so-called ground, it being not a ground based on a pure question of law. ..... the contention of the department is that section 148 uses the phrase 'so far as may be and, therefore, the procedural set up in chapter xiv will apply to the extent it is practical or possible and consequently, the same is not applicable to the return filed in pursuance to notice under section ..... the scheme of the act broadly permits the assessment in three formats;(i) acceptance of the returned income; (ii) acceptance of returned income subject to permissible adjustments under section 143(1) of the act by issuance of intimation; and (iii) scrutiny assessment under section 143(3) of the act .....

The State of Maharashtra and Others Vs. Yuvraj and Others

Court : Mumbai Aurangabad

..... (5) where a person has accepted a tender of pardon made under sub-section (1) and has been examined under sub-section (4), the magistrate taking cognizance of the offence shall, without making any further inquiry in the case, (a) commit it for trial (i) to the court of session if the offence is triable exclusively by that court or if the magistrate taking cognizance is the chief judicial magistrate; (ii) to a court of special judge appointed under the criminal law amendment act, 1952, if the offence is triable exclusively by that court; (b) in any other case, make ..... court has consistently held that the following conditions must be fulfilled before the case against an accused can be said to be fully established on circumstantial evidence;- i) the circumstances from which the conclusion of guilt is to be drawn must or should be and not merely may be fully established, ii) the facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty, iii) the circumstances should be of a conclusive nature and ..... . the explanation of section 273 indicates that the accused includes a person in relation to whom any proceeding under chapter viii has been commenced under this code and chapter viii is about security for keeping a peace and for good ..... ramdev singh (2004 (1) scc 421), (15) mani kumar thapa ..... state of punjab (1996 air (sc) 3254), (7) shera singh .....

Shakti Yezdani Vs. Jayanand Jayant Salgaonkar

Court : Supreme Court of India

..... (ii)whether a nominee of a holder of shares or securities on the basis of the nomination made under the provisions of the companies act, 1956 read with the bye- laws under the depositories act, 1996 is entitled to all rights in respect of the shares or securities subject matter of nomination to the exclusion of all other persons or whether he continues to hold the securities in trust and in a capacity as a beneficiary for the legal representatives who are entitled to inherit securitie or shares under the law of inheritance?. ..... (iii) whether a bequest made in a will executed in accordance with the inidan succession act, 1925 in respect of shares or securities of the deceased supersedes the nomination made under the provisiosn of sections 109a and bye law no.9.11 framed under the depositories act, 1996?.11. ..... , (1987) 1 scc42421 (1992) 1 scc335page 36 of 43 act, 1956 vide the companies (amendment) act, 1999 wherein emphasis was laid on building investor confidence and bringing the company law in tune with policies of liberalisation & deregulation. ..... in this chapter occur sections 45 to 48 which provide for the vesting of certain properties in the trust. .....

Manish Kumar Vs. Union Of India

Court : Supreme Court of India

..... 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 custody of any asset over which the corporate debtor has ownership rights as recorded in the balance sheet of the corporate debtor, or with information utility or the depository of securities or any other registry that records the ownership of assets including (i) assets over ..... the high court that the scheme of the 1973 act does not manifest an intention contrary to, and inconsistent with, the saving of the repealed provisions of section 5(6-a) and chapter iii-b of 1955 act so far as pending cases are concerned and that the rights accrued and liabilities incurred under the old law ..... are of opinion that the acts interpretation act has no application and the rights of the dependants and the corresponding liability of the employer must be tested and ascertained at the date of the death; at that time there was an obligation upon the employer under and by virtue of the act of 1958 as amended by the amendment act to compensate the dependants in accordance with its ..... reliance is placed on judgments of this court in (2004) 1 scc663 (2019) 2 scc1 (2019) 4 scc17 (2015) 3 scc206 (2019) scconline sc1478 it is further contended that the mere right to take advantage of a statue is ..... 87 (1996) 9 scc516air1996sc1936376 in webster .....

Smt Krishnakumari Vs. Sri K Sureshkumar S/O Late Krishnaiah Shetty

Court : Karnataka

..... the said sub-section reads as follows: (1a) the documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53a of the transfer of property act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the registration and other related laws (amendment) act, 2001 and if such documents are not registered on or after such 7 commencement, then, they shall have no effect for the purposes of the ..... has been registered: provided that an unregistered document affecting, immovable property and required by this act, or the transfer of property act, 1882, to be registered may be received as evidence of a contract in a suit for specific performance under chapter ii of the specific relief act, 1877, (or as evidence of part performance of a contract for the purposes of section 53-a of the transfer of property act, 8 1882,) or as evidence of any collateral transaction not required to be effected by ..... the plaintiff tried to secure the katha in respect of the suit schedule property and had failed, there is no substance in the contention of the plaintiff that he had purchased the ..... rule 1 of the code of civil procedure, 1908, against the judgment and decree dated 27.08.2008 passed in o.s.no.4744/2004 on the file of the xvii additional city civil judge, bangalore, decreeing the suit for ..... iii) if the object in putting the document in evidence does not fall within the two purposes 13 mentioned in (ii) supra, the ..... 1996 .....

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201

..... (d) are issued before the date of commencementof the westbengal taxation laws (amendment) act, 1992, shall continue to bepayable in accordance with the provisions of this act as they stood beforethe coming into force of the said act as if the said act had not come intoforce;";(k) in clause (gh), for the words "coal mine", the words "coal-bearingland" shall be substituted;(l) in clause (gl), for the words "coal mine", the words "coal-bearingland" shall be substituted;(m) in clause (gj), for the words "coal mine", the words "coal-bearingland" ..... chapter ii of this act provides for the constitution of the central advisory council and development councils, chapter iii deals with the regulation of scheduled industries, chapter iiia provides for the direct management or control of industrial undertakings by central government in certain cases, and chapter iiib is concerned with the topic of control of ..... supplied]the constitution makers found the need for power sharing devicesbetween the central and the state having regard to the imperatives of thestate's security and stability and, thus, propelled the thrust towardscentralisation by using non obstante clause under article 246 so as to seethat the federal supremacy is achieved.a perusal of the provisions of entries in list ii would show thatthere are 17 entries in list ii (entries 1, 2, 12, 13, 17, 22, 23, 24, 26,27, 32, 33, 37, 50, 54, 57 & 64) which are one way or the other 'subjectto' either provisions of entries in list i and/ or list iii .....