Judgment Search Results Home > Cases Phrase: special economic zones act 2005 section 25 offences by companies Page 1 of about 912 results (0.156 seconds)

Prashant J. Metha Vs. Senior Intelligence Officer

Court : Kerala

..... opposing the application learned counsel for dri referring to the definition of 'smuggling' under section 2(39) of the customs act submitted that a special economic zone shall be deemed to be a territory outside a customs territory of india for the purpose of undertaking the authorised operations under section 53 of the special economic zones act, 2005. ..... been smuggled out from the unit of the company in the special economic zone on four occasions together exceeded one crore, is the case of dri to proceed against the accused, and where only one transaction, that too in respect of 900 gms of gold, allegedly, seized from the third accused on 10.5.2013 alone can be reckoned as having taken place after amendment of section 104 of the customs act, it is submitted, invoking of section 104(6)(c) of that act is impermissible, and further it is violative since the ..... to light, and the continuous transactions carried out by the accused over the period of time have been rightly reckoned together to proceed against them as per the law in force and a clear case of non-bailable offence as under section 104(6)(c) has been made out on the materials gathered by dri, is the submission of counsel to contend that petitioner is not entitled to the discretionary relief of pre-arrest bail. .....

Regional Director, Southern Region, Mini Vs. Minoo R.Shroff,chairman, ...

Court : Andhra Pradesh

..... section 58a (9) for deferment of repayment of fixed deposit and on that application, company law board passed scheme order dated 29-2-2000 with certain directions and the company and its directors failed to comply the scheme order dated 29-2-2000 then the company law board directed the registrar of companies to prosecute the company, its officers and directors for violation of scheme order dated 29-2-2000, on the basis of which, registrar of companies filed a complaint before the special judge for economic offences ..... brief facts of the case leading to this revision are as follows: registrar of companies, andhra pradesh filed complaint against 35 accused persons for offences under section 58 a (9), 58 a (10) of the companies act and the said complaint is registered as c.c.no.14 of 2005.3. ..... he further submitted that one of the depositors filed company petition no.162 of 2004 against the company represented by its managing director 6th respondent (a.9 and petitioner in crl.m.p.no.1000 of 2005), to sentence him under section 58a(10) of company act for violation and disobedience of the orders of the company law board and a division bench of this court through a common order dated 13-3-2010 has dealt with that relief and held the promoters and erstwhile directors have ceased their interest .....

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

..... special courts (trial of offences relating to transactions in securities) act, 1992 (27 of 1992); (xi) section 15z of the securities and exchange board of india act, 1992 (15 of 1992); (xii) section 18 of the telecom regulatory authority of india act, 1997 (24 of 1997); (xiii) section 53t of the competition act, 2002 (12 of 2003); (xiv) section 125 of the electricity act, 2003 (36 of 2003); (xv) section 24 of the national tax tribunal act, 2005 (49 of 2005); (xvi) section 30 of the armed forces tribunal act, 2007 (55 of 2007); (xvii) section 37 of the petroleum and natural gas regulatory board act, 2006 (19 of 2006); (xviii) section 31 of the airports economic ..... regulatory authority of india act, 2008 (27 of 2008); (xix) section 22 of the national green tribunal act, 2010 (19 of 2010); (xx) section 423 of the companies act .....

i.B. Rao Vs. Registrar of Companies

Court : Andhra Pradesh

Reported in : [2007]77SCL182(AP)

..... 61 of 1998 on the file of special judge for economic offences, andhra pradesh, hyderabad, as the averments made in the complaint do not constitute an offence under section 205a(8) of the act and it is barred by limitation.10. ..... in a way he would submit that the offences under sections 63 and 628 of the companies act, 1956, are punishable with imprisonment for a term which may extend to two years and thus the complaints ought to have been filed within three years and since the complaints as such are filed after eight years of the offences, the same are barred by limitation under section 468 of the criminal procedure code. ..... the offences alleged against the petitioner are under sections 63, 68 and 628 of the companies act ('the act'). ..... three separate complaints came to be presented by the registrar of companies for the offences under sections 68, 63(1) and 628 of the companies act. ..... directors;(c) the manager;(d) the secretary;(e) any person in accordance with whose directions or instructions the board of directors of the company is accustomed to act;(f) any person charged by the board with the responsibility of complying with that provisions:provided that the person so charged has given his consent in this behalf to the board;(g) where any company does not have any of the officers specified in clauses (a) to (c), any director or directors who may be specified by the board ..... registrar of companies [2005] 128 comp. .....

Commissioner of Prohibition and Excise and ors. Vs. Balaji Traders

Court : Andhra Pradesh

Reported in : 2006(6)ALD63

..... in the court of special judge, economic offences at hyderabad with the allegation that accused persons by making false, deceptive and misleading statements and by suppressing facts induced various persons to pay them money for purchase of shares of the power company; raised millions of dollars from non-resident indians (nris); siphoned of the money into bogus companies exclusively owned by them and purchased shares of the power company in india in the names of bogus offshore companies owned and controlled ..... extend upto three years and with fine which shall not be less than rupees five thousand but which may extend upto rupees twenty thousand;(ii) where the intoxicant involved in the offence is not less than the quantity notified as aforesaid with imprisonment for a term which shall not be less than one year and which may extend upto five years and with ..... is not permissible when there is prima facie material to show that black jaggery is not fit for human consumption and was intended for manufacture of id liquor;(d) if the fir shows that ingredients of offence under section 34(e) read with section 13(f) of the excise act, a person cannot be heard to say in high court that he is carrying on business or transporting black jaggery either because he is an agriculturist or businessman. ..... regional transport authority, hyderabad, west zone on dated 4-9-2002 in favour ..... saroj kumar sahoo : (2005)13scc540 , the supreme court reviewed various judicial precedents on the subject and laid .....

V. Ranga Rao and ors. Vs. P. Jaya Prasad Raja and ors.

Court : Andhra Pradesh

Reported in : 2007(1)ALT172; [2007]138CompCas198(AP); [2007]75SCL563(AP)

..... the office of a director shall become vacant if-(a) he fails to obtain within the time specified in sub-section (1) of section 270, or at any time thereafter ceases to hold, the share qualification, if any, required of him by the articles of the company;(b) he is found to be of unsound mind by a court of competent jurisdiction;(c) he applies to be adjudicated an insolvent;(d) he is adjudged an insolvent;(e) he is convicted by a court of any offence involving moralturpitude and sentenced in respect thereof to imprisonment for not less than six months;(clauses (f) to (i) omitted ..... petitioners, submits that section 274(1)(d) of the act is clear in its purport and since the 1st respondent was convicted for an offence, involving moral turpitude and was sentenced to undergo imprisonment for six months and was fined, he can no longer be continued as a director, nor associated with the management of the company. ..... by the court of special judge for economic offences at hyderabad. ..... of special judge for economic offices at hyderabad,through judgment dated 8-8-2005. ..... through a common order, dated 19-7-2005, this court disposed of the revisions, directing inter alia, that pending the disposal of the suit, the affairs of the company shall be run and conducted, with participation of the petitioners 1 and 2 and respondents 1 and 2, as directors, and that the day-to-day affairs shall be attended ..... application, with a prayer to review the order, dated 19-7-2005, to the effect that the respondent no. .....

Parke-davis Employees Union, Rep. by Its General Secretary, K. Bucha R ...

Court : Andhra Pradesh

Reported in : 2009(2)ALT290

..... of india has been approached by the 4th respondent and the fact that the government of india had considered the entire proposals and studied the same before according necessary permission under sub-section (1) of section 4 of special economic zone act, 2005, de facto recognizes that the land is being put to industrial use but not for commercial use as is apprehended by the petitioners.12. ..... units in international financial service center in special economic zone, including fiscal regime governing the operation of such units;(iii) the fiscal regime for developers of special economic zones and units set up therein;(iv) single window clearance mechanism at the zone level(v) establishment of an authority for each special economic zone set up by the central government to impart greater administrative autonomy; and(vi) designation of special courts and single enforcement agency to ensure speedy trial and investigation of notified offences committed in special economic zones.thus act 28 of 2005 is essentially intended to bring in an ..... the petitioners have further pointed out that the grant itself is subject to certain conditions, principal amongst them being that the company will use the land exclusively for industrial purposes including establishment of housing colonies for the staff and workers and that importantly if the land is no longer required by the company, it shall forthwith relinquish and restore the same in favour of the government and that if in the event of breach of the .....

Ms.Advait Steel Rolling Mills Vs. Union of India and ors.

Court : Chennai

..... it has been further stated that in instruction no.6/2006, dated 3.8.2006, issued by the ministry of commerce and industry, it had been clarified that, by virtue of section 51 of the special economic zones act, 2005, read with the provisions of the special economic zones rules, 2006, the provisions of the special economic zones act, 2005, would have overriding effect over the provisions contained in any other act. ..... section 30 of the present special economic zones act, 2005, which is equivalent to the erstwhile section 76f of the customs act, 1962, specifically omits the levy of duties of customs, being export duties, on goods received in the special economic zones, from any manufacturer situated in india, outside the special economic zone. ..... section 30 of the special economic zones act, 2005, which is equivalent to section 76f of the customs act, 1962, had specifically omitted the levy of duty of customs on goods received in the special economic zones, from a manufacturer in india located outside the special economic zones. ..... it had also been stated that section 7 of the special economic zones act, 2005, read with section 26 of the said act, would make it clear that the goods or services procured by a developer or a special economic zone unit, from the domestic market, shall be exempted from taxes, subject to the fulfillment of certain conditions. .....

Ms India Exports Vs. State of U.P. and ors.

Court : Allahabad

..... the petitioner is an industrial unit established in the noida special economic zone (in short sez), manufacturing furniture, which is cleared for sale to domestic tariff area units (in short dta units) under section 2 (i) of the special economic zone act and which means whole of india under the special economic zone act, 2005 (sez act of 2005) but does not include areas of the special economic zones. ..... setting up of off-shore banking units and units in international financial service center in special economic zone, including fiscal regime governing the operation of such units; (iii) the fiscal regime for developers of special economic zones and units set up therein; (iv) single window clearance mechanism at the zone level; (v) establishment of an authority for each special economic zone set up by the central government to impart greater administrative autonomy; and (vi) designation of special courts and single enforcement agency to ensure speedy trial and investigation of notified offences committed in special economic zones. ..... parliament may by law specify." 7. the arguments of shri bharat ji agrawal may be summarised as follows:- (i) sale from sez to dta are sales in the course of import on which central sales tax is not leviable under art.286 and section 5 (2) of the central sales tax act and for which no exemption notification is required, vide associated cement companies ltd. .....

Dharmala Venkata Reddy and ors. Vs. Government of A.P. and ors.

Court : Andhra Pradesh

Reported in : 2008(3)ALD161

..... , discloses that in order to establish a special economic zone to integrate the same with gangavaram port, the state government proposed to acquire ac.200-00 of land adjacent to the proposed port ..... 2 and 3 that proposals for withdrawing the notification under section 48(1) of the act were submitted to the government through the chief commissioner of land administration, a.p ..... , hyderabad vide letter dated 22.1.2005 for approval and that the special chief secretary and ccla has also recommended vide his letter dated 26.7.2005 to the secretary to the government, industries and commerce (inf) department for withdrawal of the lands from acquisition and that orders in this regard are awaited from the ..... the petitioners have obtained blp in the year 2001, they are denied the benefit of getting the approval of the final layout at least, since the year 2005 only on account of lack of reasonable dispatch on the part of respondent no. ..... to pass an award, which ought to have been passed before 9.1.2005, the land acquisition proceedings lapsed by operation of law. ..... ought to have approved the proposals sent by the district collector, visakhapatnam, on 22.1.2005 and there is no conceivable reason why respondent no. ..... further shows that as per the provisions of the act, an award ought to have been passed before 9.1.2005 and a sum of rs. ..... a perusal of letter dated 22.1.2005 submitted by the district collector, visakhapatnam to the secretary to the government, industries and commerce (inf) department, .....