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K. Satyanarayanan and ors. Vs. Union of India and ors.

Court : Delhi

Reported in : ILR1996Delhi34

..... '(9) section 41 of the state bank of india act, 1955 reads thus:- 'audit-(1)the affairs of the state bank shall be audited by two or more auditors duly qualified to act as auditors of companies under section 226 of the companies act, .1956 who shall be appointed by the reserve bank in consultation with the central government. ..... state bank of india is also subject to an audit in terms of section 41 of the state bank of india act. ..... the learned .counsel further submitted that there is no compulsory audit and even there is no provision for discretionary audit of public sector banks by the comptroller and auditor general under the banking regulation act and under the state bank of india act, 1959 and accordingly absence of such provisions for compulsory auditing by the comptroller and auditor general of the funds of such banks is contrary to the scheme of the constitution and its basic structure. ..... the petitioner also, in the alternative seek for a direction to the ministry of finance and the comptroller and auditor general of india to invoke the procedure of section 20(2) of the comptroller and auditor general (duties, powers and conditions of services) act, 1971, to bring under the financial and auditing scrutiny of the parliament through the comptroller and auditor general of india, the audit of the accounts by the reserve bank of india, the state bank of india and all other public sector banks and financial institutions. .....

State Bank of India Vs. Madhumita Construction (Pvt.) Ltd. and ors.

Court : Kolkata

Reported in : AIR2003Cal7,II(2003)BC610

..... had approached the drt relying on state bank of india act, 1955, (sections 39, 40 and 41). ..... state bank of india : [1978]3scr1009 , the apex court had held that an employer is not liable for the act of the servant if the cause of the loss, damages arose without his actual fault on duty and without any fault or neglect of his agents or servants in the course of their employment, (ii) for an employer to be liable, it is not enough that the employment merely afforded the servant or the agent an opportunity of committing the wrongful act of his servant or ..... he had also relied on state bank of india general regulation 55 and pointed out that nothing has been shown that the said officers did not have authority to sign ..... 44) referred to as mg 1, who are interrelated with each other, had been maintaining accounts with the state bank of india (sbi). ..... does not mention that the document has to be signed jointly by two of such officers when at least one of the officer in each document was mmgs2, who signed it (state bank of india v. ..... : air2000sc3166 , and state bank of india v. ..... presiding officer, : air2000delhi103 and contended that the delhi high court, following the decision of the supreme court in united bank of india, : [1999]2scr496 (supra), had held, in a case involving demand draft issued fraudulently, that the use of the words 'any liability' under the definition of debt is wide enough ..... the audit must have ..... an internal audit. ..... out that ignorance couldn't be pleaded by sbi even before audit. .....

Buddepu Khogayya Vs. Buddepu Kamalu and anr.

Court : Andhra Pradesh

Reported in : I(2007)DMC451

..... or the hindu marriage act, 1955. ..... scope of section 125 cannot be enlarged by introducing any artificial definition to include a woman not lawfully married in the expression 'wife'. ..... hence, she cannot be treated as wife as per the provisions of section 125, cr.p.c. ..... principle of estoppel cannot be pressed into service to defeat the provision of section 125.'6. ..... such woman is, therefore, not entitled to the benefit of section 125, cr.p.c. ..... state of gujarat and ors. .....

Rakhi Vs. Accountant General

Court : Kerala

Reported in : 2010(1)KLT50

..... 33) sc : (2000) 2 scc 431, in which the apex court has upheld the claim for family pension of a child born in a second marriage, which has also been held to be a void marriage in view of section 5 of hindu marriage act, 1955. ..... state of bihar and ors. ..... it is stated that the matter reached the accountant general and that thereupon, by ext. ..... it is stated that he had initially married smt. k.c. .....

M.P.Parthasarathy, and ors. Vs. the Chairman, State Bank of India, Cen ...

Court : Chennai

..... it was further stated that the sbi employees' pension fund rules were framed in exercise of power conferred by section 50 of the sbi act, 1955 by the central board after consultation with the reserve ban of india and after obtaining sanction of the central government and that the rules have been in force from 1.7.1955. ..... in the first two writ petitions, a group of persons who are ex-employees of the state bank of india have filed writ petitions, seeking for a direction to respondents 1 to 3 to revise the pension payable to the petitioners on the basis of last 12 months average salary drawn by them at the time of opting for retirement under sbi voluntary ..... admittedly, the sbi employees' pension fund rules were framed under section 50 of the sbi act by the central board of sbi after consultation with the reserve bank of india and with the previous sanction of the central government. ..... the state bank of india's service condition cannot be compared with government service ..... state bank of india (air 1999 sc 81)d)subrata sen and others v ..... state bank of india (1989 supp (1) scc 236) ..... state bank of india and others ..... the said batch of writ petitions came to be disposed of by an order dated 16.10.2008 directing the union of india to consider the proposals made by the state bank of india seeking for approval of draft amendment.6.in the counter affidavit filed by the state bank of india, it was stated that the writ petitioners are not entitled for pensionary benefits as per 6th bipartite settlement. .....

A.N. Parasuraman Etc. Vs. State of Tamil Nadu

Court : Supreme Court of India

Reported in : AIR1990SC40; [1989]Supp1SCR371

..... state of kerala and another, : [1961]3scr77 , where, under section 4 of the travancore-kochin land tax act, 1955, all lands were subjected to the burden of a tax and section 7 gave power to the government to grant exemption from the operation of the act ..... exempt any private educational institution or class of private educational institutions from all or any of the provisions of this act or from any rule made under this act.section 28, which has been declared invalid by the high court, states that if any difficulty arises in giving effect to the provisions of this act, the government may 'do anything which appears to them to be necessary for the purposes of removing the difficulty.'3. ..... other institution 'established and run with the object of preparing, training or guiding its students for any certificate, degree or diploma', and it can, therefore, be readily inferred that the purpose of the act is to see that such institutions do not exploit the students; and while they impart training and guidance to the students of a standard which may effectively improve their knowledge so as to do well ..... authority may grant or refuse to grant the permission after taking into consideration, the particulars contained in such application:provided that the permission shall not be refused under this section unless the applicant has been given an opportunity of making his representation:provided further that in case of refusal of permission the applicant shall be entitled to refund to one ..... india .....

State Bank of India Vs. The National Commission For Scheduled Castes T ...

Court : Delhi

..... it is his submission that the petitioner bank has violated section 43 (2) of state bank of india act, 1955 and failed to fulfil its social obligation under the said act which should be reported to the reserve bank of india to cancel the licence as happened in the case ..... contended that the respondent no.2 had rightly approached the respondent no.1 for redressing his grievances, which were caste based, pertaining to his service in the petitioner bank which were violative of section 43(2) of the state bank of india act, 1955. ..... and violates article 14 of the constitution of india, because other officers, who were similarly situated and who were guilty of the same charges, as framed against the respondent no.2 were not proceeded and penalized and that the rules have been selectively, differently, dissimilarly applied to the similarly situated officers of the bank and also the respondent no.2 has been negatively discriminated by the petitioner bank to the violation of section 43(2) of the state bank of india act. 8. ..... having not done, and the order dated november 15, 2011 having attained finality and also having acted upon by respondent no.2, the complaint dated august 19, 2013 of the state bank of india sc/st employees welfare association could not have been considered by the commission in view of rule ..... (ii) whether national commission for scheduled castes acted in excess of its legal authority while recommending to the state bank of india that it should consider the withdrawal of .....

State Bank of India Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1983)6ITD225(Kol.)

..... it would be relevant to quote sections 16(5), 36(1), 36(2)(a) and 36(4) of the state bank of india act, 1955 in order to appreciate the facts as well as the contentions of the parties: 16 ..... a copy of the extract dated 25-2-1976 has been filed and is reproduced below: extract of iac audit range iii's comments in respect of audit objection of united bank of india. ..... r-ii/8654/11-10/75-76 dated 3-3-1976 forwarding extracts from iac, audit range-iii's comments in the case of united bank of india p.a. no. ..... further, the assessee, in a covering letter, stated that according to the knowledge of the assessee no income has escaped assessment for the year 1972-73.the ito found that the assessee was allowed incorrect relief under section 80m of the act which was discovered in course of audit. ..... if it is correct that the action was taken on the basis of the audit note, the audit note is not an information according to the latest decision of the supreme court in indian & eastern newspaper society v ..... malhotra, ito [1971] 80 itr 188 the decision of the gujarat high court was in favour of the assessee in which it was held that the opinion of the audit about correct state of law was not an information. ..... kasturbhai lalbhai [1977] 109 itr 537 that a note received from the revenue audit would constitute 'information' within the meaning of section 147(b). ..... the audit only suggested that the assessment has not been correctly made by the ito and the ito only took into consideration the decision in cloth traders (p .....

L.P.Alaghappa Chettiar Vs. V.Janardhanan

Court : Chennai

..... under :- (1)the tamil nadu court-fees and suits valuation act, 1955 (section 12) enacted by the state legislature on a subject covered by the concurrent list, albeit inconsistent with the provisions of the code of civil procedure (order 14, rule 2) and being in compliance with the requirement of article 254 of the constitution of india, having been given assent by the president of india, shall prevail over the provisions of the code of civil procedure ..... 7 rules 10 and 11 of the code of civil procedure, praying for passing of an order by the court in directing the respondents/plaintiffs to pay necessary court fee under section 40 of tamil nadu court-fees and suits valuation act, 1955, in respect of sale value and upon payment of the fee to return the plaint, with a direction to present the case before the competent court possessing pecuniary jurisdiction or otherwise ..... an issue can also be framed (if not framed already) as to whether the respondents/plaintiffs are required to pay necessary court fee under section 40 of tamil nadu court-fees and suits valuation act, 1955, in respect of sale deed dated 15.07.2008, executed by the 1st petitioner/1st defendant in favour of the 2nd petitioner/2nd defendant about ..... /defendants is that the valuing the suit for the purpose of suit value jurisdiction at rs.2,000/- and payment of court fee at rs.151/- under sections 25(d) and 29(c) of tamil nadu court-fees and suits valuation act, 1955, by the respondents/plaintiffs, is an erroneous one. .....

S.Sandhya Vs. the Chief General Manager and ors.

Court : Chennai

..... initially an employee of imperial bank of india and after the creation of state bank of india act, 1955, the business of imperial bank of india was taken over by state bank of india, as per the provisions of the state bank of india act, 1955. ..... indian cases noticed by hon'ble justice sinha of the supreme court in the abovereferred judgment are to be considered and applied having regard to the context and object of the act, it would follow that the use of the word "vest" in section 10(2) of the act merely meant that the nominee is merely entitled to collect the amount for benefit of heirs of the deceased coupled with exemption thereof from attachment and subject to category of heirs ..... that payment under the tamil nadu government servant's family benefit fund scheme, as not to be equated to pension, governed by the provisions of the pension act and the rules and repelling the contention that section 8 of the hindu succession act provides for succession to the hindu, has been excluded by the service rules relating to gratuity, death cum retirement gratuity, and family pension, hon'ble mr.justice ..... [air 1957 mp 79], a division bench presided over by chief justice hidayatullah, as he then was, on a consideration of all the decisions rendered by various high courts including the division bench decisions above referred to, had held that section 5 of the act merely wipes off all personal and other laws thus creating right in the nominee to receive the money according to the nomination. .....