Court : Mumbai
Decided on : Sep-08-2010
..... not competent to treat the petitioner as an assessee in default under section 201, as amended by the finance act, 2008 and the amendment to section 201 by the finance act, 2008 is unconstitutional. we have not considered it appropriate to adjudicate upon the submission of dr.singhvi at this stage ..... he may legitimately claim the advantage of any expressed terms or of any omissions that he can find in his favour in taxing acts". the supreme court held that far from being exorcised in its country or region, the dictum in duke of westminster's case "continues to be ..... of the activity or operation was carried on by the non-resident company in india.89. while affirming the judgment of the calcutta high court, the supreme court in income tax officer vs. shriram bearings ltd.,35 held :34 (1987) 164 itr 41935 (1997) 224 itr 724"the agreement ..... a commercial and realistic perspective. that perspective respects the form of the transaction adopted by the parties. the terms of the transaction is what the court interprets applying rules of ordinary and natural construction. that perspective would adopt what a normal and 51 (2000) nzca 35052 johan steyn, "contract ..... of hutchison essar, and certain affiliates (collectively essar") asserted various rights in relation to the transaction and threatened to commence proceedings in the indian courts in order to enforce those alleged rights, including by preventing completion of the transaction. on 15 march 2007, the company entered into a conditional .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-01-2010
..... appeals. the same reads thus:n/m no.3230/2000 in suit no. 2499/1999(filed on 15/11/2000)"(a) that this hon'ble court may be pleased to grant leave to defendant no.3 to act pursuant to implement and enforce the consent arbitral award dated 21.9.2000.(b) ad-interim relief in terms of prayer (a) above; (c ..... /s. d.l.f. housing and construction (private) ltd. & anr. reported in air 1968 sc 1355. in the said case the court had occasion to consider some what similar situation. on construing section 37 of the specific relief act, the court opined that the same expressly provides that a plaintiff suing for specific performance of the contract can alternatively sue for rescission of ..... .12.(f) that pending the hearing and final disposal of the above appeal, respondent no.10 and 12 be restrained by an order and an injunction of this hon'ble court restraining them from in any manner, whatsoever, acting in pursuance of, in implementation of or in furtherance of the alleged development agreement referred to in the corporate announcement dated 05.02 ..... .2008 (exhibit "c") of respondent no.10.(g) that pending the hearing and final disposal of the above appeal, respondent no.12, their servants, agents be restrained by an order and injunction of this hon'ble court from .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-20-2010
..... with clause 27;wsg means world sport group (mauritius) limited, a company incorporated under the laws of mauritius (registered number 017624c1/gbl), with its registered address at 308 james court, st denis street, port louis, mauritius;wsg agreement means the agreement between wsg and licensee entered into on or around the date of this agreement;wsg/licensor agreement means the ..... place of the existing ` 3091.60 crores i.e. an additional consideration of ` 1700.00 crores.(a). the petitioner, respondents and wsg-mauritius entered into an agreement dated 15.3.2008 titled "deed of mutually agreed termination". in this agreement, wsg refers to the petitioner and "sony" to msm. the relevant provisions thereof read as under :-"2. mutually agreed termination ..... too complex is difficult to accept. it is reasonable to presume that parties such as wsg-mauritius, the petitioner, msm and the respondents in matters such as these had acted with great care and deliberation and in all probability with expert advise. the agreements have obviously been prepared in great detail and with considerable care and application of mind. anyone ..... the respondents from interfering with the implementation of the operations by the petitioner under the said agreement.2. the respondents are a society registered under the tamil nadu societies registration act. the ipl is a sub-committee of the respondents. one lalit modi was at the material time appointed by the respondents as the chairman and commissioner of the ipl. .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-17-2010
..... not be valid and proper. the same is also vitiated because the learned judge proceeded on the basis that by virtue of section 5 of arbitration and conciliation act, 1996, the court cannot intervene and interfere with the arbitration agreement. even that conclusion runs counter to the decisions which are relied on by the respondent-defendant. these decisions clearly indicate ..... -obstante provision of section 5 and that the validity of the proceedings before the arbitral tribunal is an issue which the arbitratgor and not the court could decide under section 16 of the act. the court, however, further observed as under:"12. the arguments which have been raised before us by the learned counsel on behalf of the respondent to ..... ).3.2 on 14th march 2009, bcci under mr. lalit modi terminated the mrla dated 21st january 2008 with plaintiff-sony. hence, plaintiff- sony filed section 9 petition under the arbitration and conciliation act, 1996 (hereinafter referred to as "arbitration act") before this court and obtained injunction till 16th march 2009. however, to defeat the plaintiff-sony's rights under the ..... agreement dated 21st january 2008 and to get over the said injunction, bcci under mr. lalit modi entered into a .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-23-2010
..... by the respondents that there was differentiation in marking system certainly is based on no material whatsoever. xxxxx xxxxx xxxxx31. the judgments of the supreme court and the full bench aforereferred, clearly indicate that state should act well in time and not intermingle with the process of taking hurried decisions at the nick of the time. the results of the two boards ..... the perception prevailing in the society and that the students passing from ssc board are put in a disadvantageous position by referring to the affidavit in reply dated 15th july, 2008 filed by the deputy secretary to the government, school education and sports department. in the two affidavits in reply filed by the deputy secretary in response to the public interest ..... consultation with the authorities, was in fact without consultation and in fact is a farce to cover the arbitrary action of the state. in the decision taken on 12th june 2008, it was decided to get opinion and data from all the boards. this was never done. in fact, one or two odd teachers who belonged to other boards participated and ..... uniformly to the students of three boards. xxxxx xxxxx xxxxx20. this itself shows that the action of the government in issuing and implementing this government resolution dated 27th/30th june 2008 is arbitrary and in fact defeats the very golden rule of meritcumpreference. in the present times, where the competition to academic courses is so high that even a fraction of .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-13-2010
..... testimony of the magistrate that the declarant was fit to make the statement even without examination by the doctor the declaration can be acted upon provided the court ultimately holds the same to be voluntary and truthful. a certification by the doctor is essentially a rule of caution and therefore the ..... wrote the history accordingly in his handwriting in the case papers exhibit 25. about 10 to 15 minutes thereafter, pw 2 kamlakar came to ward no.27 and told him that he came for recording dying declaration of deceased sharada. he further deposed that he examined sharada before recording dying ..... arrive at its own independent conclusions whether the appeal is against conviction or acquittal. but while dealing with an appeal against acquittal the appellate court has to bear in mind, first, that there is a general presumption in favour of the innocence of the person accused in criminal cases ..... appeals against acquittals, it was observed that the presumption of innocence is reinforced by the order of acquittal and so "the findings of the trial court which had the advantage of seeing the witnesses and hearing their evidence can be reversed only for very substantial and compelling reasons" : surajpal singh ..... air sc 975.(ii) satish ambanna bonsode v. state of maharashtra, (2009) 11 scc 217.(iii)sher singh and another v. state of punjab, (2008) 4 scc 265.15] on the other hand, mr.rajiv patil and ms.revati mohitedere supported the impugned judgment and order. they submitted that the .....Tag this Judgment!