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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: mumbai Year: 2014 Page 1 of about 22 results (0.039 seconds)

Sep 15 2014 (HC)

S.A. Vitol Vs. Bhatia International Limited

Court : Mumbai

Decided on : Sep-15-2014

..... (c ) of section 47(1) of the act is only for the convenience of the court in seeing the foreign award and the agreement under which the reference to the arbitral tribunal was made. that done, there is sufficient compliance ..... fixed deliveries at specified dates. this would be the amount for fe payable by an indian person to the counterparty abroad. when the international market collapsed in 2008 and the prices of the goods to be traded, being coal, came down, bil would not have been in a position to honour its commitments and ..... levied. bil was to accept the delivery at a fixed price. vitol had to supply the coal at that price. certain guaranteed price was payable. in 2008 the market collapsed worldwide. bil had not hedged its loss. bil may not have been able to take delivery of the coal supplied in the four installments ..... /c) were to be so covered. he would argue that the parties went to arbitration under clause 19 of the agreement between the parties dated 14th april, 2008 and that the question of scota was never raised in the arbitration. 7. it may be mentioned that the requirement of sub clauses 9(a),(b) and ..... the contract between the parties contained in clause 25(1) of the master agreement dated 14th april, 2008 and that the award is against the provisions of law in india being section 8 of the foreign exchange management act, 1999 (fema) and as such would be contrary to public policy of india. these separate .....

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Aug 26 2014 (HC)

M/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise

Court : Mumbai

Decided on : Aug-26-2014

..... the assessee was not entitled to. in the context of the definition of ??storage and warehousing' as falling under section 65(102) of the finance act, the court considered the definition of 'input' and 'input service' under the credit rules and in that context it was observed in paragraph (7) that the definition ..... elt 326 (kar); (e) cce new delhi vs. hindustan sanitary-ware and industries ltd. (2002(145) elt (sc)); (f) orders of the bombay high court dated 7.10.2008 in cce, mumbai vs. n.r.c. ltd. ? (vii) that the towers and shelters are used for providing telecommunication services on which service tax has been ..... cellular operators association of india and ors. vs. municipal corporation of delhi etc., (179 (2011) dlt 381); (ix) collector of central excise vs. hutchison max telecom p.ltd.,(2008(224) elt 191 (bom.)); (x) commissioner of c.ex. nagpur vs. ultratech cement ltd. (2010(20) str 577 (bom)); (xi) coca cola india pvt. ltd ..... of the credit under the credit rules,2004. 10. the commissioner adjudicated the demand cum penalty notices dated 23.4.2007, 8.2.2008 and 23.10.2008 by passing an order in original dated 23.3.2009. by this order, the commissioner disallowed the appellant's claim for credit amounting to ..... 2004 to september 2005 three further show cause cum demand notices were issued issued covering the period october 2005 to march 2008 dated 23.4.2007, 8.2.2008 and 23.10.2008 making an aggregate demand of rs.15,40,63,898/- as also interest and equivalent penalty was demanded. 9. .....

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Jan 28 2014 (HC)

Mitsui Osk Lines Ltd., (Japan) Vs. Orient Ship Agency Pvt Ltd. (India)

Court : Mumbai

Decided on : Jan-28-2014

..... petitioner, it can resist the enforcement of the award on the same grounds on which it could have challenged the award under section 34 of the act. supreme court in its recent judgment in case of shrilal mahal ltd. vs. progetto grano s.p.a. jt 2003 (11) sc 84 has held ..... 2002 and 5th june 2002, petitioner terminated the agency agreement. petitioner thereafter filed an application under section 9 of the arbitration and conciliation act, 1996 in this court inter alia praying for injunction against the respondent from operating the bank account bearing no.44000531 with the sumitomo mitsui banking corporation. by an ..... to all the films covered by the licence agreement and therefore the subject matter of the two is not the same. 22. suit no.959 of 2008 has been filed alleging the existence of the joint venture agreement the licence agreement dated 23rd april 2005. it is not disputed that the film "tashan ..... the remedy of arbitration and then filed a suit. mr kamat placed reliance on the judgment of this court in case of onyx musicabsolute.com. pvt. ltd. vs. yash raj films pvt ltd. and ors. reported in 2008 (6) bom.c.r. 418and in particular paragraphs (21) to (23) in support of his ..... proceedings on the ground that suit for identical reliefs was pending in this court paragraphs 20 of the said judgment of delhi high court reads thus: 20. the said suit has been withdrawn by the defendants on 23rd october, 2008 stating, inter alia that the matter between the parties is covered by arbitration .....

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May 09 2014 (HC)

Perma Container (Uk) Line Limited and Another Vs. Perma Container Line ...

Court : Mumbai

Decided on : May-09-2014

..... . it is not the case of the resplendent herein that the petition for seeking enforcement of foreign award filed by the claimant is not maintainable under part ii of the act. this court in case of m/s.louis drefus commodities pte ltd. vs. govind rubber ltd. in the judgment delivered on 4th february 2013 in arbitration petition no. 174 of 2012 ..... judge of the delhi high overruled the objection of the respondent and held that it has the jurisdiction to entertain the petition filed under section 9 of the act. considering these facts, supreme court held that notwithstanding clause 33 which provided that the contract shall be governed by indian law, parties had also agreed that arbitration agreement contained under article 34 shall ..... refuse enforcement under section 48 as that is a statutorily prescribed ground for refusal of enforcement. mr. d'vitre learned senior counsel distinguished the judgment of supreme court in case of dadudayalu jaipur trust (2008) 11 scc 753 relied upon by mr. pratap learned senior counsel on the issue of estoppel and invited my attention to paragraph 30 of the judgment of ..... global engineering v/s satyam computer services ltd. reported in (2008)4 supreme court cases 190. 33. it is submitted by the learned senior counsel that in the arbitration petition filed by the claimant u/s 9 of the arbitration act in this court, the claimant had specifically relied upon the judgments of supreme court in case of bhatia international (supra) and venture global engineering .....

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Feb 14 2014 (HC)

Smt. Nola Jonathan Ranbhise Vs. the Union of India, the Law and Judici ...

Court : Mumbai

Decided on : Feb-14-2014

..... derogant, and generalibus specialia derogant, the provisions contained therein will prevail over the provisions contained in sub-sections (2) and (3) of the section 28a of the bombay civil courts act, 1869, which is a general enactment upon the subject. 34. the submissions of mr. dalal based upon difference between 'investment of power' and 'delegation of power' may at ..... general provision on the principle expressed in the maxims 'generaliaspecialibus non derogant, and generalibus specialia derogant'. 4. as the issue of constitutional validity of section 28a of the bombay civil courts act, 1869 was at stake, notice was issued to the advocate general, state of maharashtra. mr. d.j. khambatta, learned advocate general appeared in response, and in his usual ..... petition was amended to incorporate challenge to the provisions of section 28a of the bombay civil courts act, 1869. upon such amendment, the revision application was placed before the division bench of this court for further consideration. g) ultimately, civil revision application no.686 of 2008 was disposed of by granting liberty to the petitioner to prefer a writ petition in order ..... made by parliament cannot, therefore, be decided under article 254 of the constitution. . (emphasis supplied) 20. in the case of soma singh vs. state of pepsu (air (1954) sc 311) , the supreme court was called upon to decide whether patiala and east punjab states union general sales tax ordinance promulgated on 5.11.1949 had become void since the date .....

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Feb 14 2014 (HC)

Smt. Nola Jonathan Ranbhise Vs. the Union of India, the Law and Judici ...

Court : Mumbai

Decided on : Feb-14-2014

..... derogant, and generalibus specialia derogant, the provisions contained therein will prevail over the provisions contained in sub-sections (2) and (3) of the section 28a of the bombay civil courts act, 1869, which is a general enactment upon the subject. 34. the submissions of mr. dalal based upon difference between 'investment of power' and 'delegation of power' may at ..... general provision on the principle expressed in the maxims 'generaliaspecialibus non derogant, and generalibus specialia derogant'. 4. as the issue of constitutional validity of section 28a of the bombay civil courts act, 1869 was at stake, notice was issued to the advocate general, state of maharashtra. mr. d.j. khambatta, learned advocate general appeared in response, and in his usual ..... petition was amended to incorporate challenge to the provisions of section 28a of the bombay civil courts act, 1869. upon such amendment, the revision application was placed before the division bench of this court for further consideration. g) ultimately, civil revision application no.686 of 2008 was disposed of by granting liberty to the petitioner to prefer a writ petition in order ..... made by parliament cannot, therefore, be decided under article 254 of the constitution. . (emphasis supplied) 20. in the case of soma singh vs. state of pepsu (air (1954) sc 311) , the supreme court was called upon to decide whether patiala and east punjab states union general sales tax ordinance promulgated on 5.11.1949 had become void since the date .....

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Aug 12 2014 (HC)

Oil and Natural Gas corporation Limited Vs. Enterpose GTM Four Les Tra ...

Court : Mumbai

Decided on : Aug-12-2014

..... due to the gas leak. it is submitted that the learned umpire has rendered a finding of fact which cannot be interfered by this court under section 30 of arbitration act 1940. 89. the claimants had made this claim which was comprising of three items. the respondents have impugned only third item i.e. ..... exercised his discretion and having allowed extension of time for six days on rough and ready basis, this court cannot interfere with such an award under section 30 of the indian arbitration act, 1940. this court is not going into the reasonableness of the reasons given by the learned umpire or is not re-appreciating ..... public policy of india. if award is contrary to the terms of the contract, it would be open to the court under section 34(2) (b) (ii) of the arbitration and conciliation act to interfere with such award. the award which is on the face of it patently in violation of the statutory ..... the view taken by the learned umpire is a possible view based on appreciation of evidence which cannot be gone into by this court under section 30 of the act. this part of the award is accordingly upheld and needs no interference. 110. in my view similarly the claims awarded by the ..... reasonable. an arbitrator was held not entitled to ignore the law or misapply it and he cannot also act arbitrarily, irrationally, capriciously or independently of the contract. paragraph 14 of the said judgment of the supreme court read thus :- ??14. it is also, by now well settled that an arbitrator is not a .....

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Dec 11 2014 (HC)

Ravindra Harshad Parmar Vs. Dimple Ravindra Parmar

Court : Mumbai

Decided on : Dec-11-2014

..... and evidently took up citizenship in united states. 11. in support of his contention mr. muchhala sought to place reliance upon the provisions of the family court act, 1984 that section (1) declares that it extends to the whole of india except the state of jammu and kashmir and therefore was inapplicable to ..... revive and to fasten upon the propositus immediately he abandons his domicile of choice. these principles are culled out from the various judgments of the supreme court, high courts and also the indian and english private international law. these principles are of great relevance in the matter concerning domicile of choice. thus, keeping these ..... 1992 (1) bom.c.r. 647 and submitted that the nature of the evidence which a party would be required to place before the court when the court is considering a question of granting or refusing interim relief under order 39 would be totally different from the nature of the evidence which it would ..... appellant and the respondent jointly purchased another town home in pennington, new jersey. in december, 2007, the respondent acquired us citizenship. in july, 2008, the appellant and respondent purchased a new house in manapalan, nj, which was the marital home of the parties. on 29th october ..... , 2008 the respondent gave birth to son reyansh. the petition discloses that the respondent came to india along with her son reyansh to .....

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Aug 11 2014 (HC)

M/s. Mascon Multiservices and Consultants Pvt. Ltd. Vs. Bharat Oman Re ...

Court : Mumbai

Decided on : Aug-11-2014

..... observations in para 10 of the judgment in the case of bharat sanchar nigam ltd. and anr. vs. motorola india pvt. ltd. 2008(3) arb. lr 531 (sc) the court held that quantification of liquidated damages would follow the delay; ??there has to be delay in the first place ? . 61. mr. ..... weeks and thereafter at a higher rate etc. these clauses came up for consideration under section 74 of the indian contract act. in para 10 of the judgment the supreme court held that quantification of the liquidated damages under clause 16.2 was material. it held that: it is necessary as ..... security deposit whether those new jobs were done or not done by the petitioner. this cannot be gone into by this court in a petition under section 34 of the act when the petitioner admittedly sought time to do same work which evidence has been considered. 15. the learned arbitrator has ..... specific date is made. the petitioner's case would not fall under that legislation. 12. the petitioner has relied upon section 31(7)(a) of the arbitration and conciliation act, 1996 (the act) which runs thus: 31. form and contents of arbitral award. (1).... (2) ? ........ (3) ? ........ (4) ? ........ (5) ? ........ (6) ? ........ (7)(a) ..... under the impugned award dated 5th march, 2010 which has been challenged in this petition under section 34 of the arbitration and conciliation act, 1996 (the act) essentially as being vitiated by bias and upon the arbitrator not having considered the evidence led before him and it being against the .....

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Oct 07 2014 (HC)

Ashok Dattatraya Kulkarni, (Chief Promoter Apna Ghar Co-operative Hous ...

Court : Mumbai

Decided on : Oct-07-2014

..... agreement, even assuming this to be a contingent contract, has not yet arisen. indeed, that is demonstrably incorrect, for the so-called contingency occurred immediately on the supreme courts order in 2008 on the consent terms or perhaps even earlier in 2006 when the government of maharashtra and mhada consented to the allotment by signing the consent terms, it only remaining ..... of the society. this is a matter now closed to the plaintiffs in view of section 163(3) of the mcs act: section 163: bar of jurisdiction of courts - (1) save as expressly provided in this act, no civil or revenue court shall have any jurisdiction in respect of ?? (a) the registration of a society or its bye-laws, or the amendments ..... 2012, an application that was granted on 22nd august 2012. in the meantime, on 1st june 2012, kulkarni filed an application under section 21a of the maharashtra cooperative societies act, 1960 ( ??mcs act ? ) before the joint divisional registrar, cooperative societies, seeking to de-register the 5th defendant society on the ground of misrepresentation. this application was opposed before the joint ..... . similarly, kulkarnis application for registration was rejected. his application for de-registration of the 5th defendant society also failed. that application was brought under section 21a of the mcs act: section 21a. de-registration of societies (1) if the registrar is satisfied that any society is registered on misrepresentation made by applicants, or where the work of the society .....

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