Court : Allahabad
Reported in : (1992)102CTR(All)18; 192ITR229(All); 59TAXMAN206(All)
..... was extended to jammu and kashmir also. section 29 of this act provides that the indian securities act, 1920, and any law corresponding to that in force in any part b state immediately before the commencement of the public debt act shall cease to apply to government securities. this act applies to all matters for which provision is made by this act. in view of this, the bonds in ..... 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 said act disclosed certain difficulties and, therefore, it ..... find out as to whether these bonds are used in the sense of government securities so as to attract the provisions of clause (xxii) of section 5(1) of the wealth-tax act.17. according to section 27 of the u. p. zamindari abolition and land reforms act, 1950 (u. p. act 1 of 1951), every intermediary, whose right, title or interest in any ..... outstanding amount of the principal of the bonds. the discharged bond shall, as in the case of other u. p. government securities, be forwarded to the public debt office, lucknow, through the accountant-general, u. p.'.20. the expression 'the discharged bond shall, as in the case of other u. p. government securities' occurring in rule 68 of the rules clearly .....Tag this Judgment!
Court : Himachal Pradesh
Reported in : 2006(2)ShimLC180
..... additional chief 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 try the case ..... finally dispose the same within 6 months, positively i.e. on or before 30th june, 2002.parties are directed to appear before the learned c.j.m. on 17.12.2001.7. as a sequel to the aforesaid order passed by the learned additional sessions judge, mandi on 12th december, 2001, the learned cjm, mandi accordingly proceeded ..... the court of session, the magistrate shall, if he does not discharge the accused, commit the case for trial by that court, notwithstanding that it is not a case exclusively triable by that court.(3) no court shall take cognizance of any offence under this act unless upon complaint made by order of, or under authority from the ..... order dated 31st may, 2003 sentencing the petitioner to seven years rigorous imprisonment, both are set aside. the petitioner is directed to be released from custody immediately and forthwith. ..... 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 be produced before this court on 3.10.2001 at 10 a.m.6. vide order dated 15th october, 2001 the learned cjm, mandi once again made a reference to the learned sessions judge for issuing certain .....Tag this Judgment!
Court : Chennai
..... 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 the same. such being the statutory ..... 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, 2) exchange of immovable property 3) gift of immovable property 4) mortgage with possession of immovable property 5) lease in perpetuity of immovable property later, section ..... by excluding the jurisdiction of the civil court to touch such matters. the provisions of the sarfaesi act, going by section 35 thereto, overrides the provisions of the other laws. in that context, the secured creditor is entitled to take recourse to the sarfaesi act and ultimately issue a certificate of sale in terms of the statutory provisions. therefore, it .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1961All574
..... 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 ..... groups in which these cases can be divided.the first group consists of cases arising out of a claim by or against a trustee who has been negligent in the discharge of his trust and has been ordered to repay the amount with interest or who, if found to have committed a fraudulent breach of trust, has been ordered to pay ..... a proviso to this rule which is to theeffect that if one or more instalments have already fallen due before the delivery of the bond those instalments shall be payable immediately after the delivery of the bond. rule 66 is to the effect that the instalment shall be payable at the treasury or the sub-treasury in u. p., at which ..... the sum he owes can in no sense he said to pay his creditor; he merely gives him a document or voucher of debt possessing certain legal attributes. so far that as this item of rs. 17,34,596, is concerned the assessee did not receive payment of any taxable income from his debtor or indeed any payment at all.'in the .....Tag this Judgment!
Court : Allahabad
Reported in : 50ITR678(All)
..... 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 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 ..... groups in which these cases can be divided.the first group consists of cases arising out of a claim by or against a trustee who has been negligent in the discharge of his trust and has been ordered to repay the amount with interest or who, if found to have committed a fraudulent breach of trust, has been ordered to pay ..... proviso to this rule which is to the effect that if one or more instalments have already fallen due before the delivery of the bond those instalments shall be payable immediately after the delivery of the bond. rule 66 is to the effect that the instalment shall be payable at the treasury or the sub-treasury in u.p., at which ..... the sum he owes can in no sense be said to pay his creditor; he merely gives him a document or voucher of debt possessing certain legal attributes. so far then as this item of rs. 17,34,596 is concerned the assessee did not receive payment of any taxable income from his debtor or indeed any payment at all.'in the .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1980Cal292
..... of the note against the loss sustained. in that case it was argued that 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 ..... are entitled to rely on the bankers, as in the present case the plaintiff relied, and paid for the bills presented by the defendant bank in discharge of its duty as banker on behalf of the customer. the banker, as in the present case, the defendant bank failed in their ordinary duty, ..... united bank of india who was the agent of tht: branch at the relevant time has said that he discovered the theft when certain enquiries were made by certain companies about certain shares. according to him since about december, 1950 till 7th june, 1951 the shares had not been taken out from the folders. ..... of the relative bills because mitter had to refund the sals proceeds of shares which were subsequently seized by the police as the delivery became bad.17. the learned judge next came to his finding that the'bank was grossly negligent in opening the account of r. n. ghosh without proper scrutiny ..... when he did not find the shares in the respective folders he enquired of the security clerk who in the meantime had left the bank. that made him suspicious and he reported the matter to the head office immediately in the same after-noon. both ramkinkar ghosh and the witness were arrested and .....Tag this Judgment!
Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT
Reported in : (2005)6CompLJ64SAT
..... in exercise of the powers conferred on 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 ..... and 10, 2004 each time providing additional information to the respondent as and when such information is received by the appellant from clients.august 9,2004 respondent requests names of certain clients who traded on may 14, 2004.aug. 11,2004 appellant provides a further response to the respondents request of july 30, 2004.aug. 11,2004 appellant provides ..... right. it is always the legitimate right of the regulator who is entrusted with the responsibilities of maintaining orderly development of the securities market to enforce regulations and seek any information which it considers essential for the discharge of its responsibilities. the contentious issue is whether regulation 15a which entails upon the fii the kyc obligation means maintaining and submitting ..... that what it required from the appellant was isda agreement, the same would have been supplied immediately. obviously it was a case of genuine misunderstanding and it was wrong to term it "another instance of duplicity of ubs" as mentioned in para 9.17 of the impugned order.49. the learned senior counsel argued that even the respondent was aware .....Tag this Judgment!
Court : Chennai
Reported in : 145CompCas802(Mad); (2008)8MLJ468
..... ; that the companies act does not envisage that the exclusive security of a secured creditor has to be shared among all the creditors, since the individual secured creditor has the option of standing outside the winding up, even post winding up to realise its security; that the only statutory exception is the fictional statutory pari passu charge under section 529a; that the indian bank does not belong ..... companies on february 5, 1997 and the same was accordingly registered. since the company could not make repayment proper, it came forward to sell the schedule property in order to discharge a part of the said credit facilities. accordingly, the company executed two sale deeds dated february 11, 1999 and february 16, 1999, whereby the schedule property was conveyed to the ..... gujarat high court in navjivan mills ltd., in re  59 comp cas 201, in favour of adopting a pragmatic attitude when a company court was approached for approval of certain dispositions which a company made after presentation of a petition for winding up. a clear distinction was drawn by the division bench between the period till the passing of the ..... of circumstances. in fact, this decision lends support to the interpretation that the payments which were made after the commencement of winding up proceedings, would not become ab initio void.17. an early decision of a division bench of the bombay high court in tulsidas jasraj parekh v. industrial bank of western india air 1931 bom 2, was sought to be .....Tag this Judgment!
Court : Orissa
Reported in : 2006(II)OLR453
..... the 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, p.s.town ..... seeks to challenge the order of detention issued against him by the district magistrate, sambalpur on 23.12.2005 under sub-section (2) of section 3 of the national security act, 1980 directing detention of the petitioner so as to prevent him from acting in any manner prejudicial to the maintenance of public order.2. the impugned order of detention dated 23.12.2005, as ..... by sub-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 by the ..... in the grounds of detention, was brought to his notice at the time of passing the order of detention. in paragraph 21 of the writ petition the petitioner has given certain facts from which it appears that though the superintendent of police of the district was aware that the petitioner was acquitted in six police cases as mentioned in paragraphs 1 .....Tag this Judgment!
Court : Chennai
Reported in : (1936)70MLJ321
..... the eccleciastical courts because if on a true construction of section 17 ' any order' had meant one order and one only, then the eccleciastical courts' powers of making orders from time to time could not have been imported without going contrary to the express provisions of the act of 1857. when the indian divorce act was passed this question of maintenance and alimony were put ..... support as the court may think reasonable; provided that if the husband afterwards from any cause becomes unable to make such payments, it shall be lawful for the court to discharge or modify the order, or temporarily to suspend the same as to the whole or any part of the money so ordered to be paid, and again to revive the ..... looked at the kinds of decrees that the english courts were passing in 1874, they would have seen that the decree was a decree nisi. immediately they see the change, in my opinion owing to the section and owing to the fact that there is no provision to the contrary, they must follow the change. 15. quite different considerations apply of course ..... decrees for dissolution, where permanent maintenance is normal order, and with decrees for judicial separation, where permanent alimony is granted, under the same section. and it enables the court (1) to make an order on the husband to secure and (2) to make an order on the husband to pay. now if there is power in the court to increase a permanent .....Tag this Judgment!