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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Year: 2014 Page 1 of about 100 results (0.059 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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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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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 23 2014 (HC)

Jayanta Baruah, Assam Vs. Dilip Baruah, Assam

Court : Guwahati

Decided on : Jan-23-2014

..... of the said news item, is not sustainable in law and the impugned proceedings cannot stand against the petitioners. he has placed reliance on three judgments of the apex court reported in (i) (2008) 5 scc 668 (maksud saiyed vs. state of gujarat). (ii) (2010) 10 scc 479 (maharashtra state electricity distribution company ltd. vs. datar switchgear ltd.) and (iii) (1998)5 ..... evidence. ?? in any legal proceeding whatever, as well civil as criminal, the production of a copy of such declaration as is aforesaid, attested by the seal of some court empowered by this act to have the custody of such declaration, or, in the case of the editor, a copy of the newspaper containing his name printed on it as that of the ..... are no positive averments in the complaint about the petitioners having prior knowledge of the publication or the petitioners being directly responsible for publication of the said imputation. under the act, no presumption can be drawn against the petitioners, the petitioners being not editor, printer or publisher. 21. in pepsi food ltd. and anr. vs. special judicial magistrate and ors., reported ..... petitioner no. 2 is the press, even in absence of any specific allegation and/or statement with regard to their role in the publication of the defamatory article. 10. the act was enacted for regulation of printing ??presses and newspapers, for the preservation the copies of books and newspapers printed in india and for the registration of such books and newspapers .....

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Apr 22 2014 (FN)

Schuette Vs. Bamn

Court : US Supreme Court

Decided on : Apr-22-2014

..... does not involve a reordering of the political process ), with post, at 25 29 (sotomayor, j., dissenting) (yes, it does). this part of the inquiry directs a court to determine whether the challenged act place[s] effective decisionmaking authority over [the] racial issue at a different level of government. seattle, 458 u. s., at 474. the laws in both hunter and seattle ..... the board of governors of wayne state university. the michigan attorney general was granted leave to intervene as a defendant. the united states district court for the eastern district of michigan consolidated the cases. in 2008, the district court granted summary judgment to michigan, thus upholding proposal 2. bamn v. regents of univ. of mich., 539 f. supp. 2d 924. ..... admissions at any level. bylaws, art. 8. the boards may also permanently remove certain admissions decisions from university officials.[ 10 ] this authority is not merely theoretical. between 2008 and 2012, the university of michigan s board of regents revised more than two dozen of its bylaws, two of which fall within chapter viii, the section regulating admissions practices ..... & forrest, social and economic justice movements and organizations, in the oxford handbook of american political parties and interest groups 468, 471 (l. maisel & j. berry eds., 2010). in 2008, for instance, over $800 million was spent nationally on state-level initiative and referendum campaigns, nearly $300 million more than was spent in the 2006 cycle. donovan 98. in several .....

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Jan 30 2014 (HC)

Jai Yodhad Vs. State

Court : Delhi

Decided on : Jan-30-2014

..... delhi 2013 (7) scale407 where the alleged seizure took place at a crowded place yet no independent witness could be associated with the seizure, the apex court inter alia observed as under: 7. .we may note here with profit there is no absolute rule that police officers cannot be cited as witnesses and ..... and caution in evaluating their evidence. rejecting a similar contention in kashmiri lal vs. state of haryana (2013) 6 scc595 the hon?ble supreme court inter alia observed as under: 9. .it is evincible from the evidence on record that the police officials had requested the people present in the ' ..... public witnesses to associate with the raid or arrest of the culprit, the arrest and the recovery made would not be necessarily vitiated. the court will have to appreciate the relevant evidence and will have to determine whether the evidence of the police officer was believable after taking due care ..... be oblivious to the reluctance of common men to join such raiding parties organized by the police, lest they are compelled to attend police station and courts umpteen times at the cost of considerable inconvenience to them, without any commensurate benefit. hence, no adverse inference on account of failure to join public ..... in the office of acp, narcotic branch, a copy dd no.18a was received in their office and on 9.7.2008, two special reports under section 57 of the ndps act were received in the said office. the photocopy of the report registered is ex.pw5/c whereas the copies of the .....

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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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Dec 17 2014 (HC)

M/S National Highways Authority of India Vs. M/S Ncc-Vee (Jv)

Court : Delhi

Decided on : Dec-17-2014

..... award has been substantially reduced under the new legislation and would be confined to the grounds set out under section 34 of the act as interpreted by the supreme court in oil and natural gas corporation ltd vs. saw pipes ltd., air2003sc2629 2003(2) r.a.j.1. we, therefore, ..... has also been dealt with and the tribunal has based its findings on the findings of the supreme court in bharat sanchar nigam limited vs. bpl mobile cellular 2008 (8) scale106 the supreme court in the said case has held as under: 26. if the parties were ad idem as regards ..... finding of the arbitral tribunals on the issue of interpretation of sub-clause 70.3(xi) has approached this court by way of present petitions under section 34 of the act.26. mr. sudhir nandrajog, learned senior counsel for the petitioner has contended that the arbitral tribunals has erred ..... a party cannot unilaterally act on a different interpretation to is advantage. in this regard the claimant has referred to the decision of hon ble supreme court of india in delhi development authority vs. joint action committee allottee of sfs flats (2008) 2 scc672where the hon ble supreme court has laid down in ..... paragraph 61 as under: ..terms and conditions of the contract can indisputably be altered or modified. they cannot, however, be done unilaterally unless there exists any provision either in contract itself or in law. novation of contract in terms of section 60 of the contract act .....

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Dec 17 2014 (HC)

M/S National Highways Authority of India Vs. M/S Bscpl

Court : Delhi

Decided on : Dec-17-2014

..... award has been substantially reduced under the new legislation and would be confined to the grounds set out under section 34 of the act as interpreted by the supreme court in oil and natural gas corporation ltd vs. saw pipes ltd., air2003sc2629 2003(2) r.a.j.1. we, therefore, ..... has also been dealt with and the tribunal has based its findings on the findings of the supreme court in bharat sanchar nigam limited vs. bpl mobile cellular 2008 (8) scale106 the supreme court in the said case has held as under: 26. if the parties were ad idem as regards ..... finding of the arbitral tribunals on the issue of interpretation of sub-clause 70.3(xi) has approached this court by way of present petitions under section 34 of the act.26. mr. sudhir nandrajog, learned senior counsel for the petitioner has contended that the arbitral tribunals has erred ..... a party cannot unilaterally act on a different interpretation to is advantage. in this regard the claimant has referred to the decision of hon ble supreme court of india in delhi development authority vs. joint action committee allottee of sfs flats (2008) 2 scc672where the hon ble supreme court has laid down in ..... paragraph 61 as under: ..terms and conditions of the contract can indisputably be altered or modified. they cannot, however, be done unilaterally unless there exists any provision either in contract itself or in law. novation of contract in terms of section 60 of the contract act .....

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Dec 17 2014 (HC)

M/S National Highways Authority of India Vs. M/S Ncc-Vee (Jv)

Court : Delhi

Decided on : Dec-17-2014

..... award has been substantially reduced under the new legislation and would be confined to the grounds set out under section 34 of the act as interpreted by the supreme court in oil and natural gas corporation ltd vs. saw pipes ltd., air2003sc2629 2003(2) r.a.j.1. we, therefore, ..... has also been dealt with and the tribunal has based its findings on the findings of the supreme court in bharat sanchar nigam limited vs. bpl mobile cellular 2008 (8) scale106 the supreme court in the said case has held as under: 26. if the parties were ad idem as regards ..... finding of the arbitral tribunals on the issue of interpretation of sub-clause 70.3(xi) has approached this court by way of present petitions under section 34 of the act.26. mr. sudhir nandrajog, learned senior counsel for the petitioner has contended that the arbitral tribunals has erred ..... a party cannot unilaterally act on a different interpretation to is advantage. in this regard the claimant has referred to the decision of hon ble supreme court of india in delhi development authority vs. joint action committee allottee of sfs flats (2008) 2 scc672where the hon ble supreme court has laid down in ..... paragraph 61 as under: ..terms and conditions of the contract can indisputably be altered or modified. they cannot, however, be done unilaterally unless there exists any provision either in contract itself or in law. novation of contract in terms of section 60 of the contract act .....

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