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Judgment Search Results Home > Cases Phrase: debentures companies act Court: andhra pradesh Page 9 of about 110 results (0.061 seconds)

Jan 22 1999 (HC)

A. Amarender Rao and Others Vs. A.P.S.E.B., Hyderabad and Others

Court : Andhra Pradesh

Reported in : 1999(1)ALD638; 1999(1)ALT746

..... account shall, after meeting all expenses properly chargeable to revenues, including operating, maintenance and management expenses, taxes (if any) on income and profits, depreciation and interest payable on all debentures, bonds and loans, leave such surplus as is not less than three percent or such higher percentage, as the state government may, by notification in the official gazette, specify in ..... generally for promoting the use of electricity within the state. clause (f) mandates that the board should operate the generating stations under its control in coordination with the generating company or companies, if any, operating in the state. under section 28, the board shall prepare and sanction any scheme or schemes for the purpose of establishment or acquisition of any generating ..... with electricity. sufficient surplus has to be generated for this purpose.'thus, if the board is to continue healthily, it should have firm background on financial front, for a company without financial stability cannot last long. therefore, section 59 is introduced making it obligatory on the part of the board to leave some amount-out of the revenues of the ..... same to the central electricity authority (for short 'authority') for its concurrence. thus, as per the scheme of the act, the board is empowered either to generate the energy by itself or to purchase the same from any generating company and supply it to its consumers. in case of purchase of energy by the board, the board is entitled under section .....

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Aug 14 1958 (HC)

Sree Rama Varaprasada Rice Mill and anr. Vs. Takurdas Topandas and ors ...

Court : Andhra Pradesh

Reported in : AIR1960AP155

..... of members of such class, are chargeable, and (b) provide for the composition or consolidation of duties in the case of issues, by any incorporated company or other body corporate, of debentures bonds or other marketable securities.' under section 9, the central government has issued certain notifications. in amendment of the notification issued and published in the gazette ..... india. 6. even if the schedule to the notification comprehends the areas in the hyderabad state over which the crown representative exercises the jurisdiction, after the indian independence act which came into force on 15th august, 1947, the notification must be deemed to be inoperative. the argument that the notification cannot be issued by the central government, ..... to stamp duty in respect of billsof exchange, cheques, promissory notes, bills oflading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts andin relation to any other stamp duty chargeableunder this act and falling within entry 96 in list iin the seventh schedule to the constitution, thecentral government: (b) save as aforesaid, the state ..... india have been regulated by treaties, engagements and sanads, and by various precedents and conventions, by reason of acts done and acts suffered through a long course of historic evolution. various treaties were made between the east india company and the native rulers containing covenants and stipulations as to their mutual relations. when the crown of england took .....

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Aug 12 2004 (HC)

Hind Re-rolling Industries Vs. Apseb and ors.

Court : Andhra Pradesh

Reported in : 2004(6)ALD722

..... distribution and generally for promoting the use of electricity within the state; and(f) to operate the generating stations under its control in co-ordination with the generating company or generating companies, if any, operating in the state and with the government or any other board or agency having control over a power system.7. the duties of the ..... elt8(sc) , hyderabad engineering works ltd v. a.p. state electricity board, : [1988]3scr159 , bihar state electricity board v. m/s. green rubber industries, : [1989]2scr275 , sri seetharam sugar company ltd v. union of india, : [1990]1scr909 , hindustan zinc ltd. v. a.p. state electricity board, : [1991]2scr643 , bihar state electricity board v. usha martin industries, : air1997sc2489 , and ..... charge is levied, the same would be ultra vires the powers of the board under sections 49 and 59 of the electricity supply act. the court referred to various decisions of the supreme court in bisra lime stone company limited v. orissa state electricity board, : [1976]2scr307 , jagadamba paper industries (p) ltd. v. haryana state electricity board, : [1984]1scr165 , ..... as under:it appears to us that the electricity (supply) act prescribes its own special principles of accounting to be followed by the board. to begin with section 59(1) specifies 'operating maintenance and management 'expenses, taxes (if any) on income and profits,' 'depreciation and interest payable on all debentures, bonds and loans, as included in 'expenses properly chargeable to .....

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Feb 07 1979 (HC)

Kistna Cement Works, Tadepalli Vs. the Secretary, Apseb, Vidyut Soudha ...

Court : Andhra Pradesh

Reported in : AIR1979AP291

..... the allegation of undue enrichment of the electricity board at the cost of the consumer by insisting or cash deposits. he points out that the electricity board itself had floated debentures offering interest at 12% per annum. now, according to the conditions, it pays only per annum on such deposits. a bank guarantee would be giving ample safeguard to ..... consumers of electrical power. the appellant is the andhra paper mills ltd., rajahmundry and the petitioner in writ petition no. 2224/76 is kistna cement works, the associated cement companies ltd., tadepalli. both these industries paid the initial consumption deposits the amount paid by the writ appellant towards that deposit was rupees 10,94,000/-. the electricity board, however ..... unbridled and uncontrolled power on the board to fix any security deposit which it wanted without any reference to the justifiability of such demand. neither the indian electricity act nor the electricity (supply) act conferred any such uncontrolled power on the board. what the board, according to the learned counsel condemned is only sufficient security. 'sufficient security' need not ..... altered, is this previously the board was insisting upon paying two months' average consumption charges and that has now been raised to three months. under the indian electricity act, the board is under an obligation to supply electrical energy when a requisition is made by the owner or occupier of any premises......................the indian electricity rules empower the .....

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Oct 20 2009 (HC)

Omeshwar Baldwa, Proprietor, Star Function Palace Vs. Vasavi Co-operat ...

Court : Andhra Pradesh

Reported in : AIR2010AP25; 2009(6)ALT733

..... such borrower is classified as non-performing asset in the books of account of the secured creditor;(k) 'financial assistance' means any loan or advance granted or any debentures or bonds subscribed or any guarantees given or letters of credit established or any other credit facility extended by any bank or financial institution;(l) 'financial asset' means ..... created any mortgage or pledge as security for the financial assistance granted by any bank or financial institution and includes a person who becomes borrower of a securitisation company or reconstruction company consequent upon acquisition by it of any rights or interest of any bank or financial institution in relation to such financial assistance;(j) 'default' means non-payment ..... upon property, created in favour of any secured creditor and includes any mortgage, charge, hypothecation, assignment other than those specified in section 31;9. chapter iii of the act dealt with the enforcement of the security interest. section 13 listed out the detailed procedure for enforcement of the 'security interest'. notwithstanding anything contained in sections 69 and ..... are also needed in that sector. thus, the central government after a thorough and proper consideration of various aspects relating to banking sector specific reforms, has enacted serefasi act, 2002 duly taking into account the internationally prevailing practice of securitisation of the debts. further, the fact that the other measures taken by enacting the recovery of debts .....

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Jul 25 1969 (HC)

The Commissioner of Income-tax, Andhra Pradesh, Hyderabad Vs. H.E.H. O ...

Court : Andhra Pradesh

Reported in : [1970]76ITR383(AP)

..... of the interest receivable by him on any security of the central government or of state government, or on debentures or other securities for money issued by or on behalf of a local authority or a company: (3) provided further that the income-tax payable on the interest receivable on any security of a state ..... necessary power to recast the question so as to bring out the whole of the dispute between the parties into consideration section 66(5) of the act which is the relevant provision reads thus:'the high court upon the hearing of any such case shall decide the question of law raised thereby and ..... exemption under both the heads and gave its decision. even in the present assessment, it is stated, tat the third proviso to section 8 of the act, in addition to item 8 of the notification dated 21-3-1922, was sought to be pressed into service by the assessee. our attention has been ..... item 8.........................' or by adding to the question the following passage:'or by virtue of the third proviso to section 8 of the indian income-tax act, 1922.'the reason for the request is this should the question remain as it is, the assessee would be entitled to seek exemption only under item ..... assessee is that by virtue of the notification dated 21-3-1922 (item no. 8) issued under section 60 of the indian income-tax act, 1922 (hereinafter called the act) the interest received by him was totally exempt from tax. an identical question arose in the prior assessment years and a reference in respect .....

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Apr 27 1993 (HC)

Branch Manager, State Bank of Hyderabad Vs. Gadiraju Rama Bhaskara Vis ...

Court : Andhra Pradesh

Reported in : AIR1993AP337; 1993(2)ALT274

..... respect of a debt or a security. interpreting s. 370 of the indian succession act, which defines security as any pronote, debenture, stock or other security of central or state government, any bond, any stock or debenture or share in a company etc., the court held that articles pledged do not come within any of the categories mentioned above and as such, gold articles ..... certificate as the question as to who is entitled to those articles cannot be decided by the bank.3. it is relevant to note s. 214 of the indian succession act, which reads thus :'(1) no court shall- (a) pass a decree against a debtor of a deceased person for payment of his debt to a person claiming on succession to ..... administration evidencing the grant to him of administration to the estate of the deceased, or (ii) a certificate granted under s. 31 or s. 32 of the administrator-general's act, 1913, and having the debt mentioned therein, or (iii) a succession certificate granted underpart x and having the debt specified therein, (iv) a certificate granted under the succession certificate ..... act, 1989, or (v) a certificate granted under bombayregulation no. viii of 1827, and, if granted,after the first day of may, 1889, having thedebt specified therein. (2) the word 'debt' .....

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Jan 20 1955 (HC)

Jaldu Manikyala Rao Vs. Commissioner of Income-tax, Madras

Court : Andhra Pradesh

Reported in : AIR1955AP116; [1955]28ITR220(AP)

..... money laid out in buying a thing expected to fetch a regular periodical return a lawyer may buy a share certificate or a debenture in a company. there would be no presumption in such a case that the share or debenture was purchased with the sole object of re-selling at a profit. on the other hand, if a person regularly dealing in ..... were in embarrassed circumstances, that they were under pressure to meet the demands of their creditors, that the execution of the decree was stayed under the provisions of the madras act 4 of 1938 pending an application for scaling down of the decretal debts, and that as there was no immediate prospect of realising their share of the decretal amount, they ..... : 'whether the sum of rs. 75,040/- is a receipt not from business but only of a casual and non-recurring nature exempt under s. 4(3)(vii), income-tax act ?'(2) having regard to the nature of the question, it is necessary to state the material facts which have a bearing on the character of the transaction leading to the .....

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Nov 10 1989 (HC)

Vazir Sultan Tobacco Co. Ltd. Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Reported in : [1990]184ITR70(AP)

..... of exactly the same character whether the capital is raised at the flotation of the company or thereafter and observed (at p. 61 of 60 itr) : 'obtaining capital by issue of shares is different from obtaining loan by debentures.' 18. the view taken by our high court in vazir sultan tobacco co.' ..... [1988]171itr224(ap) . he says that, by issuing bonus shares, no additional amount is received by the company and, therefore, different consideration should govern. 8. section 37 of the income-tax act provides, inter alia, that any expenditure not being in the nature of capital expenditure or personal expenses of the assessee ..... and in the circumstances of the case, the assessee is entitled to deduction of surtax payable under the companies (profits) surtax act, 1964, as business expenditure under section 37 of the income-tax act or alternatively as expenditure incidental to the carrying on of the business deductible under section 28 of the ..... pronouncement of the judgment, sri ratnakar, learned counsel for the assessee, requested that a certificate be issued under section 261 of the income-tax act in regard to questions 1 and 2 for preferring an appeal to the supreme court. on the first question, we are unable to certify that ..... : [1988]171itr224(ap) , the income-tax appellate tribunal referred the following two questions among others to the high court under section 256(1) of the act (at p. 227) : 'whether, on the facts and in the circumstances of the case, the sum of rs. 18,000 paid by way of .....

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Feb 28 1979 (HC)

Fatima Fauzia and anr. Vs. Syed Ui-mulk and ors.

Court : Andhra Pradesh

Reported in : AIR1979AP229

..... within six months in (i) securities of the central government or state government (ii) savings certificates (iii) units of the unit trust of india (iv) debentures specified by the central government (v) shares in any indian company which are issued to the public (v-a) equity shares; and (vi) deposits for a period of not less than 3 years with state bank ..... therein have specifically been made. this power of control is conferred on the court by the sovereign parliament with a view to safeguard the interests of the beneficiaries from the acts of omission or commission on the part the trustees, which results in injustice to them although, fraud, collusion, corrupt motives. gross-negligence or malafides have been neither alleged nor proved ..... the best price: and that in the execution of their trust they will pay equal and fair attention to the interests of all persons concerned. if trustees or those who act by their authority, fail in reasonable diligence -- if they contract under circumstances of haste and improvidence................ a court of equity will not enforce the specific performance of the contract, ..... his beneficiaries, and in the case of several successive beneficiaries, with a fair and impartial attention to the interests of all the parties concerned. trustees, if they or those who act by their authority fail in reasonable diligence in inviting competition, or in the management of the sale, or if they contract under circumstances of haste and improvidence, or contrive to .....

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