Court : Kolkata
Reported in : 166ITR477(Cal)
..... object of the shareholders who had combined was to sell the said block of shares at the highest price to be determined by negotiation, arbitration or otherwise. apart from negotiations with the government of india for sale of the shares, no other steps were taken by the assessee and the other shareholders to ..... have power to act in the names and on behalf of the parties to negotiate with the government of india or any other person or authority for the aforesaid purpose; to settle the price of shares by negotiation, arbitration or otherwise and to incur expenses and to appoint accountants, lawyers and technicians and ..... ltd., who formed a group, put their shareholdings together constituting a block and negotiated for sale of the said shares with the government of india on that basis. in determining the value of the said shares, the arbitrator also took into account the fact that the said shares were being sold in ..... the value of the complete control of the undertaking as all the shares were being transferred.38. the said dispute was referred to arbitration and the arbitrator sent up a special case for the opinion of the court.39. the proceedings were disposed of ultimately in the house of lords. ..... income-tax officer could not have determined that the price payable in respect of the said shares was less than the price fixed by the arbitrator. the contention of the assessee was rejected.16. being aggrieved, the assessee preferred a further appeal before the income-tax appellate tribunal. it .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1951Bom105; (1951)53BOMLR333; ILR1951Bom318
..... during the pendency of an appeal which ought not to take long. the whole idea underlying both the industrial relations act & the appellate tribunal act is as far as possible negotiation & arbitration should prevail, & that too not permanently but during a certain period in which recourse is had to the machinery of conciliation or ..... industrial relations act does not stop with giving the representative unions a sole right to represent labour in a particular industry before the conciliator or courts of voluntary or compulsory arbitration. he points out rightly that the act provides for the formation of joint committees of representatives of both employers & employees, & the representative union is the only union which is ..... other than trade unions registered as representative unions cannot represent their own workers before the conciliator, the conciliation board, the arbitrator or the industrial ct. in matters before them, for which provision is made in the act, there is nothing very much which the unions other than representative unions can ..... a union obviously represents a very small minority of the workers employed in the industry, & the result of allowing such a union to represent; labour whether in conciliation proceedings, arbitration proceedings or before the industrial ct. is practically to disfranchise in the matter of re-presentation before such bodies the majority of the workers employed in the industry. ii unions .....Tag this Judgment!
Court : US Supreme Court
..... relates to legitimate economic issues arising between labor and management or the manner in which such labor practices or economic issues are to be settled between the parties, whether by negotiation, arbitration, lockout or strike; or (3) any matter which relates solely to the internal affairs of labor organizations, including but not necessarily restricted to membership policies, election procedures, membership rights and .....Tag this Judgment!
Court : Chennai
..... permission of the defendant to proceed with the execution of the work on condition that the rate for such execution would be settled at a later point of time through negotiation, arbitration or by approaching the court. since the plaintiff has not chosen to do so, as rightly contended on behalf of the defendant, he is estopped from claiming a rate higher ..... /0. in the usual course of business, plaintiff submitted his tender on 29.05.2003 for the said work. the said work was allotted to the plaintiff accepting the lowest negotiated value of rs.4,38,53,228/- under an agreement bearing no.nil/2003-2004 dated 27.08.2003. as per the agreement, work was to be commenced on 27 .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : (2003)87ITD359(Hyd.)
..... the trustees would like to try to formulate schemes for consideration.the trustees received the price/compensation for the jewellery from the central government after a long-drawn process of negotiations, arbitration and court decisions, that spanned over more than two decades, on 12-1-1995. one of the main questions posed in these appeals is the question of valuation of ..... the 89 items, were purchased/acquired by the government of india in terms of agreement dated 13/14-2-1989 and the purchase price/compensation was the subject-matter of arbitration through arbitrators and, subsequently, of an award by an umpire and the said award was also sanctioned by the apex court on 20-10-1994. we shall refer, hereinafter, to the ..... for price/ compensation for the items would indicate that the amount on account of price/compensation for these 7 items was to be determined according to the agreement by the arbitrators and whatever compensation/price was payable would have reflected the fair market value as on the relevant valuation dates taking into account the acquisition order and, therefore, it cannot ..... compromise agreement dated 14-2-1989 or the subsequent events.23.5 the learned departmental representative, as already mentioned, pleaded that the valuation officer, shri chowlera, participated in the arbitration process and even admitted having committed certain errors, which resulted in low valuation of the jewellery in the reports for the earlier years. if that was so, the department was .....Tag this Judgment!
Court : US Supreme Court
..... the faa because the contract involved interstate commerce. id. at 68-80. the court reasoned that the purpose of the faa was "'not [to] mandate the arbitration of all claims, but merely the enforcement . . . of privately negotiated arbitration agreements.'" id. at 70 (quoting dean witter reynolds inc. v. byrd, 470 u. s. 213 , 470 u. s. 219 (1985)). while the faa therefore preempts ..... application of state laws which render arbitration agreements unenforceable, "[i]t does not follow, however, that the federal law has preclusive effect in a case where the parties ..... , at 473 u. s. 628 (citing prima paint corp. v. flood & conklin mfg. co., 388 u. s. 395 , 388 u. s. 406 (1967)). it simply requires courts to enforce privately negotiated agreements to arbitrate, like other contracts, in accordance with their terms. see prima paint, supra, at 388 u. s. 404 , n. 12 (the act was designed "to make ..... its argument to convincing us that the court of appeal erred in interpreting the choice-of-law clause to mean that the parties had incorporated the california rules of arbitration into their arbitration agreement. see brief for appellant 66-96. appellant acknowledges, as it must, that the interpretation of private contracts is ordinarily a question of state law, which this court does .....Tag this Judgment!
Court : US Supreme Court
..... was to place an arbitration agreement "upon the same footing as other contracts, where it belongs," h.r.rep. no. 96, 68th cong., 1st sess., 1 (1924), and to ..... therefore reject the suggestion that the overriding goal of the arbitration act was to promote the expeditious resolution of claims. the act, after all, does not mandate the arbitration of all claims, but merely the enforcement -- upon the motion of one of the parties -- of privately negotiated arbitration agreements. the house report accompanying the act makes clear that its purpose ..... action should be taken at this time when there is so much agitation against the costliness and delays of litigation. these matters can be largely eliminated by agreements for arbitration, if arbitration agreements are made valid and enforceable." id. at 2. nonetheless, passage of the act was motivated, first and foremost, by a congressional desire to enforce agreements ..... in this context, courts shall take into account the federal interests warranting protection. as a result, there is no reason to require that district courts decline to compel arbitration, or manipulate the ordering of the resulting bifurcated proceedings, simply to avoid an infringement of federal interests. finding unpersuasive the arguments advanced in support of the ruling below, .....Tag this Judgment!
Court : Gujarat
Reported in : (2008)2GLR1729
..... .e. the national legal service authority constituted under section 3, have been specified in section 4 one of the functions is to encourage the settlement of disputes by way of negotiations, arbitration and conciliation. intentment is to provide legal aid, to implement legal aid programmes, to do all things necessary for the purpose of ensuring commitment to the fundamental duties of citizens ..... to spread legal literacy and legal awareness amongst weaker section of the society. the idea is to see that litigation comes to an end by way of mutual conciliation, arbitration and negotiations. in the said context it is to be considered whether finality once reached in lok adalat should be allowed to be challenged by way of filing an appeal against the ..... delivering informal, cheap and expeditious justice to the common man by way of settling disputes, which are pending in courts and also those, which have not yet reached courts by negotiation, conciliation and by adopting persuasive, common sense and human approach to the problems of the disputants, with the assistance of specially trained and experienced members of a team of conciliators .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR2000MP301; 2000(2)MPHT25; 2000(3)MPLJ232
..... .e. the national legal service authority constituted under section 3, have been specified in section 4. one of the functions is to encourage the settlement of disputes by way of negotiations, arbitration and conciliation. intentment is to provide legal aid, to implement legal aid programmes, to do all things necessary for the purpose of ensuring commitment to the fundamental duties of citizens ..... to spread legal literacy and legal awareness amongst weaker sections of the society. the ieda is to see that litigation comes to an end by way of mutual conciliation, arbitration and negotiations. in the said context it is to be considered whether finality once reached in lok adalat should be allowed to be challenged by way of filing an appeal against the .....Tag this Judgment!
Court : Kerala
Reported in : 2009(3)KLJ538
..... the weaker sections of the society as to their rights as well as encouraging the settlement of disputes through lok adalats;(f) encourage the settlement of disputes by way of negotiations, arbitration and conciliation;(g) undertake and promote research in the filed of legal services with special reference to the need for such services among the poor;(h) to do all things ..... schemes.3. for the some time now, lok adalats are being constituted at various places in the country for the disposal, in a summary way and through the process of arbitration and settlement between the parties, of a large number of cases expeditiously and with lesser costs. the institution of lok adalats is at present functioning as a voluntary and conciliatory .....Tag this Judgment!