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Finance Act 1994 Section 59 - Law Dictionary Search Results

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Arrangements between debtors and creditors

High Court, assented to by three-fourths in value of their creditors, and confirmed by the court, reorganize their finances. Under s. 153 of the Companies Act, 1929, a compromise or arrangement between any company liable to be … Arrangements between debtors and creditors. The 125th and 126th sections of the (English) Bankruptcy Act, 1869, which repealed an Act of 1861, allowed liquidation by arrangement and composition

High Court

read with s. 10(1) (a) of the Act, Strideuell Leathers (P) Ltd. v. Bhankepur Simbhaoli Beverages Ltd., AIR 1994 SC 158 (165): (1994) 1 SCC 34. (Companies Act, 1956, s. 10F) Every High Court shall be a … purposes of this Con-stitution. [Constitution of India, Article 366(14)] The High Court in s. 10F of the Companies Act means the High Court having jurisdiction in relation to the place at which the registered office of the … have the same meaning as assigned to it in clause (i) of section 2 of the Patents Act, 1970 (39 of 1970), the Designs Act,

Payable

invoice can therefore not have the attribute of having become 'payable' by him, Director, Enforcement Directorate, Ministry of Finance v. K.O. Krishnaswamy, AIR 1979 SC 1969 (1971): (1980) 1 SCC 280: (1980) 1 SCR 1092. [FERA. 1947, … and is held equivalent to 'due', J.K. Synthetics Ltd. v. C.T.O., AIR 1994 SC 2393: (1994) 4 SCC 276. The word payable must mean that … would mean merely the total amount which is due from the foreign buyer in respect of the goods actually exported; and what would be due from a foreign buyer has to be merely the price which he … become payable, Durga Prosad Khaitan v. Commercial Tax Officer, AIR 1956 Cal 596 (598). The word 'payable' may signify an obligation to pay at a

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Newly set up establishment

the (English) Statute Law Revision Act, 1887 (50 & 51 Vict. c. 59). As to spreading false reports during the Great War, see (English) Defence … Their Workmen, AIR 1975 SC 1639 (1644): (1975) 4 SCC 348: (1975) Supp SCR 443. [s. 3(d), I.T. Act] News. Spreading false news to make discord between the sovereign and nobility, or concerning any great man of … Newly set up establishment, the word 'establish-ment' is also found used in s. 3 and that section clearly indicates that an establishment may consist of different departments or undertakings and it is, therefore, not synonymous

Husband and wife

ill-treated wife under the Summary Jurisdiction (Married Women) Act, 1895 (58 & 59 Vict. c. 39), extended by 25 & 26Geo. 5, c. 46, s. … the wife; and the statute law has, by s. 1 of the Law Reform (Married Women and Tortfeasors Act), 1935 (25 & 26 Geo. 5, c. 30), almost completely abolished the property distinction between an unmarried and … husband and wife against each other in respect of property are regulated by the 12th, 16th, and 17th sections of the Married Women's Property Act, 1882. The 12th section, as amended, enacts that 'every married woman shall

May

SCR 124. The word 'may' confers discretion, N. Nagendra Rao & Co. v. State of Andhra Pradesh, AIR 1994 SC 2663. … its meaning and until the contrary is established the word 'may' in section 6 of the Criminal (Amendment) Act could be read to mean that 'It shall be lawful'. There is nothing in the provisions of the

Pension

the term 'pension' is used in contradistinction to gratuity, Jarnail Singh v. Secretary, Ministry of Home Affairs, AIR 1994 SC 1484: (1993) SCC (L&S) 119: (1993) 2 SCJ 43: (1993) 1 UJ (SC) 205. [See Central Civil … Local Government Officers' Superannua-tion Act, 1922 (12 & 13 Geo. 5, c. 59), and adoptive Act for local authorities and other public bodies. Pensions for … allowance made to any one, usually in consideration of past services. By the (English) Succession to the Crown Act, 1707, (6 Anne, c. 7) (c. 41 in the Revised Statutes), and 1 Geo. 1, st. 2, c.

Public servant

to it in s. 21 of the Indian Penal Code. [Protection of Human Rights Act, 1993 (10 of 1994), s. 2 ] The chairman of the managing committee of a muni-cipality is a 'public servant' within the … Public servant, has the same meaning as in s. 21 of the Indian Penal Code. [Arms Act, 1959 (54 of 1959), s. 2(1)(j)] Public servant has the same meaning as in s. 21 of the … (1979) 3 SCR 254. (vi) A perusal of the provisions of these sections would clearly reveal that once the respondent was transferred to the Auxiliary

Costs

s. 47, regulates the costs of actions of contact or tort (s. 59, Admiralty proceedings) commenced in the High Court which could have been commenced … to the officers of the Court, or to the counsel and solicitors, for their fees, etc. Costs in actions are either between solicitor and client, being what are payable in every case to the solicitor by his … to costs on such scale as may be prescribed by the rules of the Supreme Court. (5) This section applies only to the costs of the proceedings in the High Court, and shall have effect subject to

Shall

context in which the word shall occurs and the other circumstances, State of Madhya Pradesh v. Azad Bharat Finance Co., (1966) (Supp) SCR 473: (1967) 1 SCJ 815. Shall, in a statute, though generally taken in a … fatal, State of Punjab v. Shamlal Murari, (1976) 1 SCC 719. Shall, does not always mean that an act is obligatory or mandatory and it depends upon the context in which the word 'shall' occurs and the … connection with the action on an application by others in the same section compels the conclusion that on an application by anybody other than the

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