Court : Mumbai
Reported in : AIR1928Bom436; (1928)30BOMLR1225
..... like to mention, what i intended to mention yesterday evening, viz., that under the indian securities act, 1920, which applies to government securities such as those which mr. justice russell had to deal with, it is provided by section 16 as follows :-(1) when a renewed government promissory note has been issued under section 12, or a new government promissory note has been issued upon conversion, consolidation or ..... ? in my opinion they have no such right. it was argued by mr. lalji on their behalf that this document was pledged by fernandes with the mercantile bank together with other securities, and he asked us to treat the mercantile bank as if they stood in the shoes of fernandes. i think that there is a fallacy underlying that argument. the mercantile ..... party must bear his own coats of this suit and of this appeal.49. then as regards the actual form of the order, the learned judge's decree of april 14, 1927, will have to be varied by declaring the right of the plaintiffs to the three debentures to which we have held they are entitled, and that they are not ..... matter he came to the conclusion that forgery was an exception both in india and in england, and that accordingly the original owners could recover the documents then in question.14. in our court, there is also the judgment of mr. justice mulla in thorappa v. umedmalji (1923) 25 bom. h. r. 604. s. o. 1 bom. h. r. 734. to .....Tag this Judgment!
Court : Allahabad
Reported in : (1992)102CTR(All)18; 192ITR229(All); 59TAXMAN206(All)
..... ) for any assessment year unless the assets are owned by him. the word 'security' occurring in clause (xxii) of section 5(1) of the act, has not been defined in the act. the indian securites act, 1920, defines the expression 'government security' to mean promissory notes (including treasury bills), stock certificates, bearer bonds and all other securities issued by the central government at any time or by the government of ..... the form prescribed under rule 3 of the public debt (compensation bonds) rules, 1954.14. before we advert to examine the provisions of the u. p. zamindari abolition and land reforms act, 1950 (u. p. act no. 1 of 1951), for the purposes of ascertaining the true meaning of 'security' vis-a-vis compensation bond and rehabilitation bond, we consider it useful to refer ..... part of this judgment, we hold that the bonds in question are government securities within the meaning of clause (xxii), section 5(1) of the wealth-tax act, read with section 2(2) of the public debt act, 1944. it would be pertinent to mention here that until 1946, the indian securities act, 1920, governed the securities issued by both the central and the provincial governments. the working of the .....Tag this Judgment!
Court : Chennai
..... public auction by a civil or revenue court or collector or any other revenue officer. the bank officials are not revenue officers as envisaged under article 18 of the indian stamp act. one of the foremost object of the sarfaesi act is to take possession of the securities and sell them. section 2(h) of the sarfaesi act empowers the bank to take possession of the property and sell ..... following questions fall for consideration- whether the petitioner is liable to pay 2% surcharge along with 5% stamp duty? 8. originally, surcharge was claimed under section 116a of the tamil nadu district municipalities act, 1920. in the said section, specific transactions were mentioned which would attract surcharge. the transaction and the instruments of conveyance mentioned therein are as follows_ 1) sale of immovable property ..... article 23 of the indian stamp act, 1899 and stamp duty at 5% + 2% surcharge on the market value has to be levied. the 2nd ..... not require registration. but, if it is presented for registration, it has to be duly stamped under article 23 of the indian stamp act, 1899. the 1st respondent has in unequivocal terms concluded in his proc.no.25052/c2/2011, dated 14.09.2011 and 52070/c2/2011, dated 27.10.2011 that such certificate of sale should be classified as sale under .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1961All574
..... go into the question whether they can be treated as interest on government securities. section 2(a) of the indian securities act, 1920 (no. x of 1920) reads as follows:'in this act, unless there is anything repugnant in the subject or context, 'government security' means promissory notes (including treasury bills), stock-certificates, bearer bonds and all other securities issued by the central government at any time or by the government ..... . ballantine, (1924) 8 tax cas 595, and simpson v. maurice's executors, (1929) 14 tax cas 580. in order to find out the real pith and substance of the additional payments we have to look into the scheme of the act. under the provisions of section 28 of the act compensation was due to she petitioner from the date of vesting.in as much ..... held to be liable to be assessed to income-tax. as we have already said above the provisions of our act (z. a. act) are peculiar and it is not possible to find any close parallel in any of the decided cases.14. learned counsel for the petitioner has placed reliance upon the case of behari lal bhargava v. commissioner of income-tax ..... , c. p. and u. p. : 9itr9(all) . in that case what happened was that two houses belonging to ramji das bhargava, father of behari lal bhargava, were acquired by the improvement trust under the land acquisition act and .....Tag this Judgment!
Court : Allahabad
Reported in : 50ITR678(All)
..... security means promissory notes (including treasury bills), stock-certificates, bearer bonds and all other securities issued by the central government at any time or by the government ..... statute.the next question to consider is whether these amounts can be considered as interest on securities or income from other sources. we will first go into the question whether they can be treated as interest on government securities. section 2(a) of the indian securities act, 1920 (no. x of 1920), reads as follows :'in this act, unless there is anything repugnant in the subject or context, - (a) government ..... upon to decide as to whether the amounts paid as interest are additional compensation or are interest on securities or income from other sources as is claimed by the respondents.section 6 of the indian income-tax act reads as follows :'save as otherwise provided by this act, the following heads of income, profits and gains, shall be chargeable to income-tax in the manner hereinafter .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1980Cal292
..... the common law indemnity could not be implied under the indian securities act, 1920 because of section 21 thereof which excluded an implied indemnity because it gave a right to demand an express indemnity and to refuse to give renewed note unless an express indemnity was given. in other words, the express provision of section 21 of the said act provided a statutory right and that was inconsistent with ..... showing that the principles decided in dugdale v. lovering and lord mayor of sheffield corporation v. barclay bank were applied in india. in that case under the provisions of section 21 of the indian securities act, 1920, the prescribed officer while renewing the government promissory note at the request of the holder gave an express indemnity against the claims of all persons claiming under the original ..... of negligence. it is to be considered how far the case of conversion and negligence were pleaded in the plaint or were raised in the issues before the learned judge.14. the next argument of mr. gupta which was accepted by the learned judge was that the bank invited mitter to take delivery of the shares against their bills by payment ..... said shares although it was not competent to do so; that the bank obtained payment of money from mitter on the basis or condition as alleged in paragraphs 12, 13, 14, 15 and 16 of the plaint. it is further to be noted that there is no discussion whatsoever in the judgment regarding this finding. in paragraph 17 of the plaint .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 2009(2)MPHT95
..... that it was in the sole name of ram bai. this is, obviously, beyond the scope of part x of the indian succession act. sub-section (3) of section 373 of the said act, clearly lays down that if a judge cannot decide the right to the certificate without determining questions of law or fact ..... 18-1 -2003. appellants are the daughters of ram bai. section 372 of the indian succession act, 1925, enables a person to submit application for grant of succession certificate in respect of debt or security of the deceased who dies intestate. clause (d) of sub-section (1) requires the applicant to specify the right in which ..... whether the deceased was entitled to dispose of the property mentioned in the will. thus, in an application for issuance of succession certificate whether debt/security in respect of which the certificate is applied for belonged to the deceased or not is irrelevant and cannot be gone into because it would ..... certificate in question. however, it is made clear that the respondents in no manner would be precluded from instituting a civil suit for declaration and other reliefs on the ground that the money deposited in the fdr in the sole name of ram bai was not gifted to her and rather it ..... respect of the rights, it may nevertheless grant a certificate to the* applicant if he appears to be the person havingprima facie the best title thereto.14. shri a.k. pathak, learned counsel for respondents placing reliance on the decision of the apex court in the case of prabha dubey and ors. .....Tag this Judgment!
Court : Himachal Pradesh
Reported in : 2006(2)ShimLC180
..... try the case, the options of the accused, if any, recorded by him under section 13(2) of the indian official secrets act hereinafter referred as 'act' in short, apparently appears to be without any legal consequences. it appears, from the order passed by the learned c.j. ..... judicial magistrate sundernagar had powers to record the statement of accused for his option, for his trial, as per the requirement of under section 13(2) of the indian official secrets act or not, passed orders dated 19-10-2001 and 20-10-2001. in case, the learned acjm sundernagar has no powers to ..... :sh. u.s. thakur advocate has also appeared on behalf of the accused.the accused was asked to exercise option under section 13(3) of the official secrets act, 1923 and 120-b ipc. the accused has made statement in this court that he does not want to exercise option for trial this case by learned ..... learned a.p.p. is directed to produce notification that this court has been specially empowered to try this case under section 13(3) of the official secrets act, 1923 and 120-b, ipc. the notification be produced on or before 3-10-2001 till then the accused is remanded to judicial custody. he ..... sessions judge, mandi and wants to try this case in this court. section 13(1) of this act provide that no court other than that of .....Tag this Judgment!
Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT
Reported in : (2005)6CompLJ64SAT
..... me in terms of section 19 of the sebi act, 1992, read with section 11(4) and 11b of sebi act, 1992, i hereby prohibit ubs / its affiliates / agents from issuing off-shore derivative instruments with underlying indian securities against the positions held by ubs in the indian securities market for a period of one year. i also prohibit ubs / its affiliates / agents from renewing or rolling over any ..... respondent requests certain outstanding information in relation to their request of july 30, 2004 and seeks additional information for four clients in relation to their trading positions with other brokers as at may 14, 2004 aug. 31, 2004 appellant provides an initial response to the respondents request of aug. 30, 2004 and further responses on september 8 and september 21, 2004. ..... investor or sub-account shall ensure that no further down stream issue or transfer of any instrument referred to in sub-regulation (1) is made to any person other than a regulated entity." 14. the above regulation has come into effect from february 3, 2004.the rationale behind inserting this new regulation has been to avert another possibility of market scam ..... in all these cases were received after the issuance of the show cause notice. the appellant vide e-mail dated 14/01/2005 furnished further information regarding the names of the investors in the trg global master fund, rohatyn and certain others were directors of fund.80. in case of indea capital pte. ltd., the appellants were informed on 1st february, .....Tag this Judgment!
Court : Orissa
Reported in : 2006(II)OLR453
..... court of the sdjm, sambalpur and there is possibility that accused will be released on bail.now therefore in exercise of powers conferred by subsection (2) of section 3 of the national security act, 1980 i do hereby direct that the said shri shankar mishra, aged about 30 years, s/o. gopal chandra mishra of sabeb bangala pada, badabazar, ..... -section (2) of section 3 of the national security act, 1980.whereas i am aware that shri shankar mishra, aged about 30 years, s/o. gopal chandra mishra of saheb bangala pada, badabazar, p.s. town, district sambalpur is now in jail custody in town police station case no. 322 dt. 16.12.2005 under section 341/323/506/307/34 ipc ..... therein. various police cases mentioned in paragraphs 1, 2, 3, 5, 10, 11 and 13 of the said statement of grounds involve serious offences under the indian penal code alongwith other penal laws of the country. it is claimed in the said statement of grounds that the petitioner is involved in all those police cases. however, it has ..... of detention with a view to justify the detention of the petitioner under the provisions of the stringent law like the national security act.4. in the aforesaid circumstances, we are constrained to hold that we have no other option but to allow the petition and issue a writ of habeas corpus as claimed by the petitioner. accordingly, we allow ..... by the detaining authority and direct that the petitioner be set at liberty forthwith, if he is not required to be detained in connection with any other case. .....Tag this Judgment!