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Judgment Search Results Home > Cases Phrase: debentures companies act Court: us supreme court Year: 2009 Page 1 of about 6 results (0.084 seconds)

Nov 24 2009 (SC)

Commissioner of Income Tax, Kanpur Vs. Sahara India Savings and Invest ...

Court : Supreme Court of India

Decided on : Nov-24-2009

Reported in : (2009)227CTR(SC)425; [2010]321ITR371(SC); 2009(14)SCALE188; [2010]186TAXMAN19(SC)

..... is: whether 'interest' which the assessee earned on bonds and debentures was chargeable to tax in view of the definition of the term 'interest' in section 2(7) of the interest tax act, 1974.2. respondent company is a company registered under the indian companies act, 1956. one of the objects for which the company was incorporated is to buy, sell, invest or otherwise deal in ..... -93? to answer the said question, we need to revisit section 2(5a) of the 1974 act which defined 'credit institution' to mean a banking company to which banking regulation act, 1949 applies or a public financial institution as defined in section 4a of the companies act, 1956 or a state financial corporation established under section 3 or section 3a or an institution notified ..... , the business of acceptance of deposits from its members and which is declared by the central government under section 620a of the companies act, 1956 (1 of 1956), to be a nidhi or mutual benefit society;(va) a residuary non-banking company other than a financial company referred to in sub-clause (i), (ii), (iii), (iv) or (v), that is to say, a ..... institution as defined in section 4a of the companies act, 1956 (1 of 1956);(iii) a state financial corporation established under section 3 or section 3a or an institution notified under section 46 of the state financial corporation act, 1951 (63 of 1951); and(iv) any other financial company.(5b) 'financial company' means a company, other than a company referred to in sub-clause (i), (ii) .....

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Apr 21 2009 (FN)

Shinseki Vs. Sanders

Court : US Supreme Court

Decided on : Apr-21-2009

..... not an ordinary agency. rather, the va has a statutory duty to help the veteran develop his or her benefits claim. see veterans claims assistance act of 2000, 38 u. s. c. 5103a. moreover, the adjudicatory process is not truly adversarial, and the veteran is often unrepresented during the ..... the courts in the review of lower court decisions as well as of administrative bodies. dept. of justice, attorney general s manual on the administrative procedure act 110 (1947) (emphasis added). and we have previously described 706 as an administrative law harmless error rule. national assn. of home builders v. ..... and type three. the veterans court held that these notice errors were harmless. it said that sanders had not explained how he would have acted differently, say, by identifying what different evidence he would have produced or asked the secretary to obtain for him, had he received proper notice ..... served on active duty in the united states military to receive benefits for disabilities caused or aggravated by their military service. the veterans claims assistance act of 2000 requires the va to help a veteran develop his or her benefits claim. 5103a. in doing so, the secretary of veterans ..... is ordinarily applied in civil cases is shown by the statutory words take due account and prejudicial error. congress used the same words in the administrative procedure act (apa), 5 u. s. c. 706, which is an administrative law harmless error rule, national assn. of home builders v. defenders of wildlife .....

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Feb 27 2009 (SC)

Central Bank of India Vs. State of Kerala and ors.

Court : Supreme Court of India

Decided on : Feb-27-2009

Reported in : [2010]153CompCas497(SC); JT2009(3)SC216; 2009(3)SCALE451; (2009)4SCC94; (2009)12VatReporter137; (2009)21VST505(SC); JT2009(1)SC216

..... creditors, in accordance with inter se agreement/arrangement between them and to the other persons entitled thereto in accordance with the priority in law.section 529a of the companies act no doubt contains a non obstante clause but in construing the provisions thereof, it is necessary to determine the purport and object for which the same was ..... rajasthan state financial corporation v. official liquidator : air2006sc755 and held:allahabad bank therefore, is not an authority for the proposition that in terms of section 529a of the companies act the distinction between two classes of secured creditors does no longer survive. the high court, thus, in our considered opinion, was not correct in that fact in ..... or financial institution or any consortium or group of banks or financial institutions and includes (i) debenture trustee appointed by any bank or financial institutions, or (ii) securitisation company or reconstruction company, whether acting as such or managing a trust set up by such securitization company or reconstruction company for the securitisation or reconstruction, as the case may be, or (iii) any other ..... company consequent upon acquisition by it of any right or interest of any bank or financial institution in relation to such financial assistance. section 2(ha) declares that 'debt' shall have the meaning assigned to it in clause (g) of section 2 of the drt act. section 2(k) defines 'financial assistance' to mean any loan or advance or any debentures .....

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Aug 07 2009 (SC)

Sudhir Shantilal Mehta Vs. C.B.i.

Court : Supreme Court of India

Decided on : Aug-07-2009

Reported in : JT2009(10)SC554; 2009(11)SCALE217; (2009)8SCC1; [2009]96SCL403(SC); 2009AIRSCW5709

..... no more than guidelines which were required to be followed by the bank and they were not mandatory in nature. elaborating this contention, mr. cooper submitted that the banking companies act contains provisions which enable the reserve bank of india to issue directions which were mandatory and also give advice to the banks. our attention was drawn to sections 21 and ..... be sanctioned by the board/committee of directors. suitable powers may be delegated to the chief executive and others for sanctioning advances for lesser amounts.107. advances against securities/shares/debentures in terms of explanatory note included all types of advances. the executive director of uco bank biswajit choudhari (pw-37) accepted that the discounting of bills is a method ..... 1991 and 6.6.1992. the alleged offence had been committed admittedly during the said period.38. section 2(c) of the 1992 act defines 'securities' to mean:(c) 'securities' includes-- (i) shares, scrips, stocks, bonds, debentures, debenture stock, units of the unit trust of india or any other mutual fund or other marketable securities of a like nature in or of ..... any incorporated company or other body corporate; (ii) government securities; and (iii) rights or interests in securities;39. sub-section (1) of section 3 .....

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Mar 03 2009 (FN)

Summers Vs. Earth Island Institute

Court : US Supreme Court

Decided on : Mar-03-2009

..... challenge the regulations in the absence of a live dispute over a concrete application of those regulations. i in 1992, congress enacted the forest service decisionmaking and appeals reform act (appeals reform act or act), pub. l. 102 381, tit. iii, 322, 106 stat. 1419, note following 16 u. s. c. 1612. among other things, this required the forest service to establish a ..... case on the ground of standing, we need not reach the government s contention that plaintiffs have not demonstrated that the regulations are ripe for review under the administrative procedure act. we likewise do not reach the question whether, if respondents prevailed, a nationwide injunction would be appropriate. and we do not disturb the dismissal of respondents challenge to the ..... that fire. pursuant to its categorical exclusion of salvage sales of less than 250 acres, the forest service did not provide notice in a form consistent with the appeals reform act, did not provide a period of public comment, and did not make an appeal process available. in december 2003, respondents filed a complaint in the eastern district of california, ..... challenging the failure of the forest service to apply to the burnt ridge project 215.4(a) of its regulations implementing the appeals reform act (requiring prior notice and comment), and 215.12(f) of the regulations (setting forth an appeal procedure). the complaint also challenged six other forest service regulations implementing the .....

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Jun 25 2009 (FN)

Horne Vs. Flores

Court : US Supreme Court

Decided on : Jun-25-2009

..... the continued receipt of funds on demonstrations of adequate yearly progress. ibid. as relevant here, title iii (the english language acquisition, language enhancement, and academic achievement act) requires states to ensure that ell students attain english proficiency, develop high levels of academic attainment in english, and meet the same challenging state academic content and ..... their constituents, they are constrained in their ability to fulfill their duties as democratically-elected officials. american legislative exchange council, resolution on the federal consent decree fairness act (2006), app. to brief for american legislative exchange council et al. as amici curiae 1a 4a. it goes without saying that federal courts must vigilantly enforce ..... further factual findings regarding whether nogales implementation of sei is a changed circumstance warranting relief. pp. 23 25. (ii) congress passed the no child left behind act of 2001 (nclb), which represents another potentially significant changed circumstance. although compliance with nclb will not necessarily constitute appropriate action under the eeoa, nclb is relevant to ..... education, and the superintendent of public instruction (defendants) were providing inadequate ell instruction in the nogales unified school district (nogales), in violation of the equal educational opportunities act of 1974 (eeoa), which requires states to take appropriate action to overcome language barriers in schools, 20 u. s. c. 1703(f). in 2000, the .....

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