Judgment Search Results Home > Cases Phrase: state bank of india subsidiary banks act 1959 chapter viii miscellaneous Page 9 of about 183 results (0.194 seconds)

Coffee Board, Bangalore Vs. Joint Commercial Tax Officer, Madras and a ...

Court : Supreme Court of India

Reported in : AIR1971SC870; (1969)3SCC349; [1970]3SCR147; [1970]25STC528(SC)

..... by the chief coffee marketing officer, within three months from the date of notice of tender issued by the agent and that it shall not under any circumstances be diverted to another destination, sold, or be disposed of, or otherwise released in india.the aforesaid period may, on application by the buyer, be extended by the chief coffee marketing officer in his descretion if he is satisfied that there is good ground to do so, subject nevertheless to the condition that as consideration for such ..... sarkar s.t.c.655 had interpreted section 3 of the act as follows:in our view, therefore, within clause (b) of section 3 are included sales in which property in the goods passes during the movement of the goods from one state to another by transfer of documents of title thereto: clause (a) of section 3 covers sales, other than those included in clause (b), in which the movement of goods from one state to another is the result of a covenant or incident of the contract of sale, and property in the ..... sale by the appellant brings about the export in an incidental or subsidiary manner it can be said to occasion the export. ..... if the law is void under that chapter, and property is seized to recover a tax which is void, i do not see why article 32 ..... may be in cash or by a guarantee from a bank or life insurance corporation of india. ..... have been made and demand for taxes held' due after allowing credit for taxes already paid, has been made by the respondents under the madras general sales tax act, 1959. .....

Sakharam Narayan Kherdekar Vs. City of Nagpur Corporation and ors.

Court : Mumbai

Reported in : AIR1964Bom200; (1963)65BOMLR627; ILR1963Bom478

..... there are other miscellaneous provisions in chapter xi, all intended for furtherance of the objective with which, the act has been made.9. ..... to read it as providing something by way of an addendum or dealing with a subject which is foreign to the main enactment'.to the same effect are the observations regarding a statutory rule in the decision of their lordships of the supreme court in central bank of india v. ..... a further power is given under section 5 of the act to the state government by notification in the official gazette to declare any establishment, or class of establishments to which or any person or class of persons to whom the act or any of the provisions thereof does not apply, to be a establishment or class of establishments or a person or class of persons to which or to whom the act or any of its provisions may apply either with modifications or adaptations as may be necessary in the opinion of the government. ..... subsidiary work which is purely of an incidental type and which is intended to assist the solicitor in doing his job has no direct relation to the professional work ultimately rendered by the -solicitor. ..... provisions regarding health and safety of the employees in 'every establishment are to be found in chapter viii. ..... : [1959]36itr1(sc) , where their lordships observed :'the proper function of a proviso is that it qualifies the generality of the main enactment by providing an exception and taking out as it were, from the main enactment, a portion which, but for .....

Renusagar Power Company Vs. General Electric Company

Court : Mumbai

Reported in : 1990(1)BomCR561; (1990)92BOMLR70

..... dollars as on 21st october, 1988 as ascertained by the state bank of india ..... by the documents specified in rule 801(b) and (c) the judge may allow, time to file such documents.in view of these rules it is urged by the appellants that since the original application under section 5 of the said act was not accompanied by a duly authenticated copy of the original award, the application must be now returned to the party presenting it and the learned judge erred in going ahead with the said application.98. it is not ..... there was also no prohibition from the reserve bank of india either on payment of regular interest or on payment of interest for delayed payment of the principle ..... albert jan van den berg while commenting on this provisions of the new york convention which is embodied in the foreign awards (recognition and enforcement) act has said at page 360 of his book 'the new york arbitration convention of 1958 towards a union judicial interpretation' as follows :'in general, public policy is a traditional ground for the refusal of enforcement of foreign arbitral awards ..... the area of statutory law it dealt with the provisions of the law refrom (miscellaneous provision) act, 1934.59. ..... 63rd report on the interest act, 1839 as a result of which the interest act, 1978 was enacted says in chapter vii that cases where on equitable consideration, interest was allowed, should be enacted in the interest act e.g. ..... it is a wholly owned subsidiary of hindustan aluminium corporation limited ('hindalco .....

Keshvlal Manordas Patel and anr. Vs. Atmram Dajibhai and ors.

Court : Gujarat

Reported in : AIR1967Guj101

..... the learned district judge who heard the appeals took the view that the miscellaneous applications being applications under section 36 of the act were governed by article 181 and not by article 164 of the limitation act and that the miscellaneous applications, having been filed within a period of three years from the date when the right to file the applications ..... court under section 17 was an order as that decision constituted the formal expression of a decision of a civil court on certain preliminary issues and an appeal did lie against such order under section 43 (1) (ii) of the act, but a mere failure of a party to appeal from such order did not preclude such party from challenging the correctness of that order when the matter came up before the district court in appeal against the ..... by the learned judge who held that the article of the limitation act which governed the miscellaneous applications was article 164 and since opponents 1 to 4 had filed the miscellaneous applications on 8th january 1960 which was more than thirty days after the date of the ex parte award namely, 6th march 1959, the miscellaneous applications were barred by limitation. ..... act states that save as otherwise expressly provided in the act, the provisions of the code of civil procedure, 1908, shall apply to all proceedings under chapter ii of the act. ..... but a subsidiary argument was also advanced on behalf of the petitioners and that argument was that an application to set aside an ex parte award could be .....

Commissioner of Income-tax Vs. Vasan Publications P. Ltd. and anr.

Court : Chennai

Reported in : (1986)52CTR(Mad)354; [1986]159ITR381(Mad)

..... , as purposeless, the collection of special definitions from such enactments as the working journalists (condition of service) and miscellaneous provisions act, 1955, the press council act, 1965, the press and registration of books act, 1867, the newspaper (price and page) act, 1956, and similar enactments, all of which are special legislative measures intended to meet special situations or confer special ..... have got news value and, as such, they will come within the expression "newspaper", that the said weeklies have also been registered as newspapers under the post offices act as also the press and registration of books act and, as such, the weeklies could be termed as "newspapers" and that, therefore, the assessees are entitled to claim depreciation on the said plant and machineries at ..... such as puzzles, comics, quizzes, fiction, cartoons, undated features, are purchased from syndicates in varying states of readiness for printing, ranging from raw text to already plated material that goes directly to the ..... court of appeal has been cited by maxwell in the chapter in which the view is expressed that "the utility of ..... jayaraman, the learned counsel for the income-tax department, government of india, submits that the meaning given in the dictionaries to the word "newspaper" as will as the definitions given in various enactments of our motherland do not help ..... consideration was also "newspaper" which has been excluded from the definition in section 2(13) of the bombay sales tax act, 1959. .....

Bar Council of Maharashtra Vs. Commissioner of Income-tax, Bombay City ...

Court : Mumbai

Reported in : (1979)12CTR(Bom)45; [1980]126ITR27(Bom)

..... lord keith of avonholm, with whom the two other law lords agreed, clearly stated in his judgment that the nurses act, 1957, was an act enacted for public benefit; but he felt that he was unable to accept public benefit as the test of social welfare, though social welfare may be a ..... that arose for consideration before the house of lords was whether a nursing council regulated by the nurses act, 1957, was entitled to the benefit of the rating relief afforded by the appropriate provisions of the rating and valuation (miscellaneous provisions) act, 1955. ..... our attention has been drawn to a number of cases on either side some of the courts in india and others of the english courts, wherein questions have arisen whether certain associations constituted for particular purposes can be regarded as bodies constituted wholly for charitable purposes ..... in short, his submission was, bearing in mind the functions and duties of the assessee under the act, it is wholly for charitable purpose and the entire income derived from its property was exempt from income-tax ..... decision does not assist us in deciding the question before us more so when the definition of the expression 'charitable purpose' in india is entirely distinct from that understood in england having regard to its historical origin. 14. ..... ought to be regarded as purely ancillary or subsidiary and not the primary, object. ..... confers power upon the bar council to make rules to carry out the purposes of this chapter. 8. ..... council [1959] ac 540 .....

Chikka Thimmegowda Vs. National Insurance Co. Ltd. and ors.

Court : Karnataka

Reported in : ILR1992KAR2836; 1992(3)KarLJ669; (1993)ILLJ709Kant

..... . it refers to the 1972 act which came into effect on january 1, 1973, and recites that as a result of the introduction of the act, a the state insurance department stopped transacting the liability insurance from january 1, 1973 and hence a major portion of the business formerly done by the department is carried out by the general insurance corporation of india and it subsidiaries as provided in the act, and consequently, 80 persons in the staff of ..... . bearing in mind that this is delegated legislation and keeping in mind that the authority to frame the scheme must be found within the object of the power given under chapter v of the act, and reading the entire connected provisions together, it appears to us that the only authority or power to frame scheme given was for the purpose of merger of one insurance company with another or ..... (c) 'general insurance business' means fire, marine or miscellaneous insurance business, whether carried on singly or in combination with one or more of them, but does not include capital redemption business ..... . central bank of india (1988) 72 fjr 336, wherein the supreme court, while considering rules 1, 2 and 3 of the central bank of india (officers) service regulations, 1979, held that rule 3 prescribing fifty-eight years of age for retirement of officers recruited ..... ., after the nationalisation of banks, and rules 1 and 2 prescribing sixty years of age for retirement of other officers are not unconstitutional and not violative of articles .....

industrial Development Bank of India Ltd. and Others Vs. the Deputy Co ...

Court : Andhra Pradesh

..... to refer to a three bench decision of the supreme court in central bank of india (2), which considered the validity of section 38c of the bombay sales tax act, 1959 and section 26b of the kerala general sales tax act, 1963. ..... 121 : (2009) 233 elt 433,central bank of india (2) v state of kerala (2009) 4 scc 94,ai champdany industries v official liquidator (2009) 4 scc 486andmaharashtra state co-operative bank ltd v provident fund commissioner (2009) 10 ..... observed that the common law principle which was existing on the date of coming into force of the constitution of india must yield to a statutory provision and to achieve the same, the parliament as well as the state legislatures may insert provisions in various statues providing that statutory dues shall be the first charge over the properties of ..... filed by hyderabad branch of the industrial development bank of india limited (idbi) and its subsidiary, namely, stressed assets stabilization fund. ..... to the contrary contained in any central act or state act, any amount of duty, penalty, interest or any other sum payable by an assessee or any other person under this act, shall, save as otherwise provided in section 529-a of the companies act, 1956 (1 of 1956), the recovery of debts due to banks and the financial institutions act, 1993 (51 of 1993), and the securitisation and reconstruction of financial assets and the enforcement of security interest act, 2002 (54 of 2002) be the ..... chapter xvii of the customs act deals with miscellaneous .....

Baldevdas R. Raheja Vs. the Union of India (Uoi)

Court : Mumbai

Reported in : (1977)79BOMLR581

..... petitioners, has, firstly, drawn my attention to the fact that these allegations and non-disclosure have not been denied by the company law board in its affidavit of menon, although the order specifically states that the public financial institutions which had made substantial investments had desired that there should not be any significant change in the board of directors of the company (or responsibility of individual members) which were ..... view of this scheme which is very apparent on a fair reading of the arrangement of chapters and the sections contained in each chapter which are all grouped under part vi of the act that the question will have to be answered as to whether the powers of court under chapter vi (which includes sections 397 and 398 and 402) should be read as subject to the provisions contained in the other chapters which deal with normal corporate management of a company and in our view, in the context ..... banerjee representing the unit trust of india had stated that the unit trust as well as other banking institutions who have got an interest in the company were in favour of retaining ..... was vitiated for the non-observance of the principles of natural justice, the supreme court observed as follows:in the past only two rules were recognised but in course of time many more subsidiary rules came to be added to these rules. ..... case inspite of the fact that rule 103 of the companies (court) rules, 1959, expressly provided for the issue of such a notice, no notice was given .....

Shri Ramkishan Srikishan Jhaver and ors. Vs. Commissioner of Commercia ...

Court : Chennai

Reported in : [1965]16STC708(Mad)

..... purpose for which the power of search can be exercised and there is no nexus between the two, (c) when and in what circumstances the power is to be exercised there is no indication, (d) in respect of which persons and whose premises is not stated, (e) no principle or policy is indicated to guide the exercise of the power, (f) no opportunity is provided for to contest the validity of the exercise of power, (g) no opportunity is given to the affected person to make representations against the proposed ..... act, 1959, which will hereafter be referred to as the act, repealed the madras general sales tax act, 1939, consolidated and amended the laws relating to the levy of a general tax on the sale or purchase of goods in the state of madras and came into force on 1st april, 1959 ..... an organic power or topic or field of legislation in the seventh schedule to the constitution should be read in its widest possible amplitude and as including also all ancillary, subsidiary, incidental and necessary powers to make the legislation under the particular topic as effective as possible with reference to its objective and purpose. ..... of the civil miscellaneous petitions in ..... , were of the view that those words by which the provisions of chapter xli of the code were made applicable to appeals from appellate decrees must be taken to mean 'as far as is consistent with the principles on which appeals ..... . union of india : [1957]31itr565(sc) held that section 5(7a) of the income-tax act did not offend ..... india .....