Court : Mumbai
..... 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 the said suit has been withdrawn by the defendants on 23rd october, 2008 stating, inter alia that the matter between the parties is covered by arbitration .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : 44ITR629(P& H)
..... had run out and the question was whether the period of eight years under the amended section would apply to proceedings which were being initiated for assessment. the madras high court answered this question in the negative and in favour of the assessee. in coming to this conclusion the learned judge proceeded on the principle that if a right is acquired ..... income-tax act was passed in 2001 bk., action could only have been taken in respect of the year 2000 bk. in 2002 bk. action could be taken in respect of the year 2000 and 2001. in the year 2005 bk. action could be taken for the entire period 2000 to 2005 bk. and lastly in case of concealment of income in the year 2008 bk. action could ..... concerned with the effect of this change.the territory of pepsu was integrated with the indian union for the purposes of ..... 1942-43. on the 20th of august, 1948, kapurthala became part of pepsu and the income-tax law, which was in force in patiala, was extended to kapurthala. in samvat 2006 bk., which corresponds to 1949, an act amending the original patiala income-tax act of 2001 bk. was passed. by this amending act the provisions of section 34 were changed. we are in this case .....Tag this Judgment!
Court : Mumbai
..... 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. .....Tag this Judgment!
Court : Chennai
..... iii) justice or morality. (emphasis supplied) 25. in saw pipes, the ambit and scope of the court s jurisdiction under section 34 of the 1996 act was under consideration. the issue was whether the court would have jurisdiction under section 34 to set aside an award passed by the arbitral tribunal, gafta which was ..... which would apply is perfectly plausible and consistent with the internationally accepted legal position which has been reaffirmed by the constitution bench of the supreme court in bharat aluminium co. at this juncture it is necessary to note that the declaratory part of the decision in bharat aluminium co., ..... be construed as retrospective and a statute which while procedural in its character, affects vested rights adversely is to be construed as prospective." the court while discussing limitation further held that the "law of limitation is generally regarded as procedural and its object is not create any right but to ..... expired. 18. as regards the question whether the law of limitation is a substantive law or a procedural law, the decision of the supreme court in thirumalai chemicals limited v. union of india is instructive. there it was explained that the procedural law establishes a mechanism for determining the ..... of this agreement was four (4) years and nine (9) months. the agreement commenced on 01.10.2003 and was to expire on 30.06.2008. 2.2. in terms of the said agreement, for the services rendered by the petitioner, the respondent was required to pay us $35,834 per .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1978AP354
..... could not be held that by necessary implication the panchayat board's remedy to recover the amount in a civil court was ousted. 35. in the pepsu case ( kartar singh v. pritam singh, air 1956 pepsu 78) under the pepsu panchayat raj act ( 8 of 2008 bk ) it was the adalat class i that could entertain civil suits where the valuation did not exceed rs. 500 but ..... the suit was filed by the plaintiffs therein in the court of the subordinate judge 2nd class, for recovery of a sum of rs. 450, and ..... the jurisdiction of the subordinate judge's court was barred by the provisions of the pepsu panchayat raj act and whether the decree passed by the subordinate judge's court was a nullity. the learned judge held that although the panchayat court were given jurisdiction in certain suits by the pepsu panchayat raj act, the jurisdiction of ordinary civil courts in such suits was not excluded or ..... taken away, that both courts had concurrent jurisdiction in such .....Tag this Judgment!
Court : Chennai
..... appraisal of the evidence produced before the arbitrator. as per the decisions seen already, it is out side the scope of the power of this court. this court cannot act as an appellate court, nor re-appreciate the evidence adduced before the arbitrator, nor substitutes its own view. further, there is no error apparent on the face of ..... circulars issued by rbi on charging of interest on various advances. those circulars are dated 01.07.2005, 01.07.2006, 02.07.2007, 01.07.2008 and 01.07.2009. in fact, they were marked as ex.r1 to ex.r5 before the arbitrator. the loan agreement between the bank and the borrowers ..... the loan agreement. 42. it is not in dispute that the borrowers have paid without any demur, the monthly installments up to 12 quarters. on 06.10.2008, the bank informed them the change in the rplr for air for home finance granted to them, which runs as under:- we would like to advise you ..... %) with effect from 01.10.2008. accordingly, the installment due together with enhanced rate of interest was demanded. this was objected to by the borrowers on the ground that without any basis, authority and ..... 12.2005, a loan agreement embodying the above terms and conditions was executed. accordingly, the borrowers started paying the installments. 4. after the 12 quarters, on 06.10.2008, the bank sent letter informing the borrowers the revision of interest from 9.5% p.a. to 15.75% p.a. (16.75% p.a., less 1 .....Tag this Judgment!
Court : Delhi
..... the delay in pronouncement of the award it could have initiated steps under section 14(2) read with section 14(1) of the act by seeking intervention of the court. however, it did not do so. 33. the question whether an award is vulnerable to invalidation on account of the unexplained delay ..... for achieving the object of speedier disposal of dispute, justice in accordance with law cannot be sacrificed. in our view, giving limited jurisdiction to the court for having finality to the award and resolving the dispute by speedier method would be much more frustrated by permitting patently illegal award to operate. ..... v. devi, constructions engineering contractors (2009) 2 arb.lr 361 (madras) (db) and reliance industries ltd. v. madan stores pvt. ltd. 146 (2008) dlt 543. it was further submitted that the petitioner had to demonstrate the prejudice caused to it on account of such delay. reliance was placed on the ..... ground of delay in its pronouncement, by way of amendment to the petition, the court notes that this plea was sought to be urged first only in the written submissions filed by oil on 20th october 2008, four years after the petition was filed. the formal amendment to the grounds was sought ..... only in 2012 during the course of final arguments. in national thermal power corporation ltd. v. wig brothers builders and engineers ltd. the court did not entertain a plea .....Tag this Judgment!
Court : Mumbai
..... 9, 10 and 11 of the complaint; the sole basis being the balance-sheet between the period 2004-05 and 2008-09. the cbi practically, therefore, acted as an appellate court and on the basis of the order passed by the petitioner came to the conclusion that though dues ought to be ..... strenuously urged that sub- section (1) deals with judicial independence, whereas sub- section (2) deals with judicial accountability and, therefore, the high court while acting under its writ jurisdiction under article 226 of the constitution of indian and under inherent jurisdiction under section 482 of the criminal procedure code was not competent to ..... sub-section (1) and, as such, despite protection being granted to a judge under sub-section (1), central government, state government, supreme court or high court can institute civil, criminal or departmental proceedings against the judge and, therefore, the proceedings cannot be quashed at the inception and in view of sub ..... the privy council in phanindra chandra vs. king (air 1954 sc 455) and by the supreme court in shreekantiah ramayya munipalli vs. state of bombay (air 1955 sc 287) and in amrik singh vs. state of pepsu (air 1955 sc 309) 36. in our view, therefore, sub-section (1) of section ..... (3) of the said act has to be interpreted to mean that the protection which is afforded to a judge is for an act which has been performed during the course .....Tag this Judgment!
Court : Chennai
..... of the grantee to represent the estate of the deceased and as such it is incapable of valuation. the said provisions contained in the court-fees act contemplate payment of court-fee in cases where the subject-matter is capable of valuation and not otherwise. it cannot be disputed that the value of the ..... the testator s.v.ramakrishnan on 31.12.1980, the plaintiff has taken steps to execute the will by filing o.p.no.367 of 2008 before this court for grant of letters of administration, and though there may be some delay, the delay may not defeat the rights of the plaintiff and that ..... t.o.s.no.2 of 2009 numbered on conversion of o.p.no.367 of 2008, filed under sections 232 and 276 of the indian succession act, 1925, read with order 25 rule 5 of the madras high court original side rules, praying that letters of administration with a will annexed, may be granted to ..... or possession. 43.8. the protection of the court can be granted or extended to the person who has a valid subsisting rent agreement, lease agreement or licence agreement in his favour." (m) 2008 (14) scc 754 (babu singh vs. ram sahai): "16. section 69 of the act (evidence act) reads, thus: "69. proof where no ..... and others, 2008(1)ctc 80 (sc) : 2007(11)scc 357, wherein the hon ble supreme court, while relying upon its earlier decision in chiranjilal shrilal goenka vs. jasjit singh and others, 1993 (2) scr 454, and pleaded that in a probate, the court in exercise of jurisdiction under the indian succession act is not competent .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : 1962CriLJ583
..... state; government is, however, a matter which does not appear to have been dealt with in the judgments of the courts below. the learned counsel for the respondent has invited my attention to the proviso to section 12 of the pepsu panchayat raj act, 2008 b. k. which states thatsubject to the approval of the director, the sarpancn, naib sarpanch or a panch may ..... his office save by or with the sanction of a state government... is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction ....(b) in , the case of a person employed in connection with the affairs ..... with an opportunity to misappropriate the amount to himself.7. that a mere opportunity to commit, an offence provides no connection between the act of misappropriation and the performance of duties has recently been reiterated in the supreme court decision of dhannjay ram sharma v. m. s. uppadaya am 1960 sc 745, in my opinion, there is no force in this petition ..... imagination could it be said that the act of the petitioner sought to be made a subject for the prosecution was done or purported to have been done in the discharge of official duties.6. the learned counsel for the petitioner has sought reliance on the supreme court authority of amrik singh v. state of pepsu : 1955crilj865 , in this case, the judgment was .....Tag this Judgment!