Judgment Search Results Home > Cases Phrase: the kerala finance act 2003 Sorted by: recent Court: gujarat Page 1 of about 848 results (0.054 seconds)

ionik Metallics and Others Vs. Union of India and Others

Court : Gujarat

..... means [i] a public financial institution within the meaning of section 4a of the companies act, 1956; [ii] any institution specified by the central government under sub-clause [ii] of clause [h] of section 2 of the recovery of debts due to banks and financial institutions act, 1993; [iii] the international finance corporation established under the international finance corporation [status, immunities and privileges] act, 1958; [iv] any other institution or non-banking financial company as defined in clause [f] of section 45-i of the reserve bank of india act, 1934, which the central government may, by notification, specify as financial institution ..... up awas awam vikas parishad reported in (2003) 6 scc 255, it was held that although article 14 of the constitution of india does not apply in the matter of enforcement of state legislation via-a-vis a parliamentary legislation, having regard to the similar provisions in the two acts relating to acquisition of land, the acquiring authority and public purposes are the same, the denial of compensation under the land acquisition act to the land owner would be violative under article 14 of the constitution of india. ..... of karnataka 33.kerala financial corporationstate govt. ..... of kerala 34.madhya pradesh financial corporationstate govt. .....

Bagmar Finance Ltd. and anr. Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : (2009)2GLR1528

..... the amount standing to his credit in the fund in accordance with the rules of the fund;(d2) a loan to or by an insurance company as defined in the insurance act, 1938 (vi of 1938));(e) a loan to, or by bank;(f) an advance made on the basis of a negotiable instrument as defined in the negotiable instruments act, 1881 (xxvi of 1881), other than a promissory note;[(g) except for the purposes of sections 23 and 25:(i) a loan to a trader;(ii) a loan to a money-lender who holds, a valid licence; or(iii) a loan, by a landlord to his tenant for financing of crops or seasonal finance ..... , a statement in any recognized language showing in clear arid distinct terms the amount and date of the loan and of its maturity the nature of the security, if any, for the loan, the name and address of the debtor and of the money-lender and the rate of interest charged; (ii) to the assistant registrar, within the said period (a statement containing the particulars referred to in clause (a) (i))(3) no money-lender shall receive any ..... or other property in a government post office bank or in any other bank or in a company or with a co-operative society;(b) a loan to, or by, or a deposit with any society or association registered under the societies registration act, 1860, (xxi of 1860) or any other enactment relating to a public, religious or charitable object;(c) a loan advanced by government or by any local authority authorised by government;*((cc) a loan advanced to a government servant from ..... kerala ..... kerala .....

Manibhai and Brothers (Sleeper) Vs. Union of India (Uoi) and 2 ors.

Court : Gujarat

Reported in : AIR2007Guj100; 2007(3)ARBLR495(Gujarat)

..... : (2000)8scc151 as well as the following decisions of the allahabad high court and the kerala high court, wherein the courts have reiterated the principle enunciated by the apex court, in the cases of universal construction and trading company, lucknow v. ..... 56 of 2005 vide order dated 22/12/2006 this court has also followed and applied the ratio laid down by the apex court in the following terms:in so far as the claim of the respondent authorities that they have the exclusive right to appoint an arbitrator, suffice it to state that once the petitioner had called upon the respondent authorities to exercise the said right, it was incumbent upon the respondent authorities to act in that regard within a period of 30 days. ..... in the circumstances, the case at hand shows the basic fallacy in the procedure prescribed by way of conditions of contract whereunder a gazetted officer of railways who is appointed as a sole arbitrator, on the ground that he is well versed with the functioning of the railways including the terminology employed by the railways and the contractors working with railways, does not yield any tangible result for the simple reason that the officer gets transferred, as contended on behalf of the railways in normal course of service. ..... on 3/2/2003 the general manager of respondent-railways appointed one shri viswash choubey as the arbitrator with a condition to finalize the case within four months. ..... tata finance ltd. ..... tata finance ltd. ..... tata finance ltd. .....

Commissioner of Customs Vs. O.L. of Gil Hospitals Ltd. and ors.

Court : Gujarat

Reported in : [2008]145CompCas217(Guj)

..... it is further contended that once the provisional liquidator is appointed under section 450(3) of the companies act, 1956, the provisional liquidator can exercise all the powers available to him under section 457 of the companies act and by virtue of section 456(1) of the companies act, 1956, all the assets and properties of the company remain in the custody, possession and control of the official liquidator. ..... in view of the above, the claim of the applicant that on passing the order of confiscation of 13 medical equipments, the same vests in the central government by virtue of section 126 of the customs act, 1962, cannot be accepted and action of the official liquidator in taking custody, possession and control of the assets and properties including the above 13 medical equipments is held to be valid and legal.the application of the applicant stands rejected. ..... lastly, shri amin, learned advocate for the applicant has submitted that by virtue of provisions of section 126 of the customs act, 1962, the properties vest in the central government once the order of confiscation is passed and in the present case, on october 30, 1999, the order of confiscation was already passed and thus, the property, particularly, 13 medical equipments have vested in the central government and the order may be passed, as prayed for.18. ..... in support of his argument, he has relied on the decision of the kerala high court in the case of a.m. ..... punjab finance p. .....

Hitesh K. Shah Financial Services Ltd. and anr. Vs. Union of India (Uo ...

Court : Gujarat

Reported in : [2006]71SCL469(Guj)

..... immediately and such implementation was required to be communicated to sebi, which has necessitated the petitioners to pray for a relief of direction to the nse and bse to implement the model byelaws as per the directions of sebi.according to the petitioners, the circular dated 28-10-2003 is a circular in exercise of powers conferred upon sebi under section 11(1) of the securities and exchange board of india act, 1992 read with section 10 of the act, 1956 and the same has, till date, never been withdrawn and/or modified in any manner whatsoever ..... responsible towards such clients; and to insulate the client from the defaults of the sub-broker and the consequences of their acts of omission and commission and the main changes brought about by amendment regulations 2003 are already reproduced hereinabove and on going through the same, it appears to the court that they are in the interest of the investors as now by virtue of the same, tripartite agreement is required to be entered into between the stock broker, sub broker and client of the sub broker to establish privity of contract between ..... relying upon the judgments of the hon'ble supreme court in the case of peerless general finance and invst. co. ..... of kerala and ors. .....

Suraiya Mohammed Ikbal GulamhussaIn Vs. Assistant Collector of Customs

Court : Gujarat

Reported in : (2005)2GLR1033

..... for an offence under this act, the truth of the facts which it contains :- (a) when the person who made the statement is dead or cannot be found or is incapable of giving evidence, or is kept out of the way by the adverse party or who presence cannot be obtained without an amount of delay or expenses, which under the circumstances of the case, the court considers unreasonable, or (b) when the person who made statement is examined as a witness in the case before the court and the court is of the opinion that, having regard to the circumstances of the case, the statement should be admitted ..... 21, the kerala high court has held that:'true, section 138-b states that a statement made and signed by a person before any gazetted officer of customs is relevant to prove the truth of the fact it contains in any proceeding under the act. ..... 1357/1984 and the judgment and order dated 9th june, 2003 passed by the learned sessions judge, kutch at bhuj in criminal appeal no. ..... government of india, ministry of finance and ors. .....

Official Liquidator of Piramal Financial Services Ltd. Vs. Reserve Ban ...

Court : Gujarat

Reported in : [2004]118CompCas27(Guj)

..... with one another, for their combined effect is to render it unnecessary to inquire whether the debtor acted in contemplation of bankruptcy ; this question is now irrelevant, at any rate so far as its determination in the affirmative would be a condition precedent to the avoidance of a transaction as a fraudulent preference ; the test which these two conditions create is sufficient.although the term 'fraudulent' preference is currently used, the term 'fraudulent' is used in the section, fraud in the strict common law sense need never be proved, although it may often be present.'38. ..... learned counsel has also referred to the judgment of the kerala high court in the case of smt. ..... the business of the company was to give finance for the various purposes and not to purchase and sell immovable properties. ..... 13 and 17 were filed with the registrar of companies for satisfying the charge created by pfsl in favour of housing development finance corporation. ..... the official liquidator, thereafter, in his report dated october 25, 2001, stated that while examining the said papers/documents it is seen from the certificate issued by the housing development finance corporation ltd. ..... , (hdfc for short) that piramal finance services ltd. ..... official liquidator, navjivan trading finance pvt. ..... official liquidator, navjivan trading finance pvt. ..... official liquidator, navjivan trading finance pvt. .....

Urban Co-op. Credit Society Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : II(2004)BC24; 2003CriLJ3292; (2003)3GLR2207

..... or within the period of its validity, whichever is earlier;(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, within fifteen days of the receipt of information by him from the bank regarding the return of the cheque as unpaid, and(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or as the case may be, to the holder in due course of the cheque within fifteen days of the receipt of the said notice ..... considering the facts and circumstances of the case on hand and considering the facts in the aforesaid decision, it has to be accepted that the said decision will squarely apply to the facts of the case on hand and then on this solitary ground that the respondent was not responsible for the act of the company on the date on which the offence is said to have been committed, and the revision application can be dismissed, following the principles enunciated in the aforesaid case. ..... state of kerala, air 1992 sc 2206, hon'ble the supreme court has observed that when any private complaint is filed and process was also issued, then there was no bar to stop the proceedings against any of the accused persons, if the complaint does not prima facie, disclose any offence against. ..... we may also take into account a decision of hon'ble high court of karnataka in the case of deepa finance corporation v. a.k. .....

Shatrushailya Digvijaysingh Jadeja Vs. Commissioner of Income-tax

Court : Gujarat

Reported in : [2003]259ITR149(Guj)

..... the kerala high court held that an order can be said to be the 'subject of an appeal' within the meaning of section 264(4) of the income-tax act, 1961, only if the appeal was considered and disposed of on the merits ; an appeal which was dismissed as withdrawn at the instance of the assessee or where an appeal was dismissed on the ground that the same was incompetent or where an appeal was dismissed as barred by limitation or where the appeal was dismissed for nonpayment of undisputed tax as a condition precedent for entertaining the appeal cannot be said to have ..... the rate of interest for this purpose would obviously be the rate of interest which the assessee would have been liable to pay under the provisions of the income-tax/wealth-tax act, as the case may be, if the liability of the assessee to pay the amounts in question under the relevant acts arose on march 9, 1999, that is, the 30th day after the passing of the order of the designated authority as contemplated by sub-section (2) of section 90 of the finance (no. ..... the intention of parliament in enacting the statute provisions can be gleaned from the memorandum explaining the provisions of the finance bill which sets out the object behind the clause. ..... naik has relied on the following paragraph from the speech of the finance minister while introducing the scheme (see [1998] 231 itr 45) :'litigation has been the bane of both direct and indirect taxes. .....

Shatrushailya Digvijaysingh Jadeja Vs. Cit

Court : Gujarat

Reported in : (2002)177CTR(Guj)508

..... . the kerala high court held that an order can be said to be the 'subject of an appeal' within the meaning of section 264(4) of the income tax act, 1961, only if the appeal was considered and disposed of on merits; an appeal which was dismissed as withdrawn at the instance of the assessee or where an appeal was dismissed on the ground that the same was incompetent or where an appeal was dismissed as barred by limitation or where the appeal was dismissed for non-payment of undisputed tax as a condition precedent for entertaining the appeal cannot be ..... . the rate of interest for this purpose would obviously be the rate of interest which the assessee would have been liable to pay under the provisions of the income tax/wealth tax act, as the case may be, if the liability of the assessee to pay the amounts in question under the relevant acts arose on 9-3-1999, that is, the 30th day after the passing of the order of the designated authority as contemplated by sub-section (2) of section 90 of the finance (no ..... . the intention of the parliament in enacting the statute provisions can be gleaned from the memorandum explaining the provisions of the finance bill which sets out the object behind the clause ..... . naik has relied on the following paragraph from the speech of the finance minister while introducing the scheme :'litigation has been in the bane of both direct and indirect taxes .....