.....duty under section 11b of the central excise act, 1944(hereinafter being referred to as “the act”) which was paid under protest by the manufacturer(m/s. fenner (india) ltd.).2. the short point for consideration in the present batch of appeals is whether the period of limitation of six months shall apply where the refund of central excise duty has been claimed by the buyer and paid by the manufacturer(m/s. fenner (india) ltd.) under protest.3. with the consent of the parties, we are dealing with the facts of civil appeal no.7625 of 2005 as all other are analogous on facts and law.4. the appellant is a public sector undertaking engaged in coal mining. the price of coal is fixed by the coal ministry and the appellants sell the goods on the price fixed by the ministry and no central excise duty is payable on coal. m/s. fenner (india) ltd.(manufacturer) cleared their finished goods viz. 2 feneplsat pvc impregnated conveyor beltings classifying the same under subheading 3920.12 on the central excise tariff act, 1985 as suggested by the department and paid the duty under protest. the dispute with regard to classification of feneplast pvc impregnated conveyor beltings came to.....
Tag this Judgment! Ask ChatGPT.....duty under section 11b of the central excise act, 1944(hereinafter being referred to as “the act”) which was paid under protest by the manufacturer(m/s. fenner (india) ltd.).2. the short point for consideration in the present batch of appeals is whether the period of limitation of six months shall apply where the refund of central excise duty has been claimed by the buyer and paid by the manufacturer(m/s. fenner (india) ltd.) under protest.3. with the consent of the parties, we are dealing with the facts of civil appeal no.7625 of 2005 as all other are analogous on facts and law.4. the appellant is a public sector undertaking engaged in coal mining. the price of coal is fixed by the coal ministry and the appellants sell the goods on the price fixed by the ministry and no central excise duty is payable on coal. m/s. fenner (india) ltd.(manufacturer) cleared their finished goods viz. 2 feneplsat pvc impregnated conveyor beltings classifying the same under subheading 3920.12 on the central excise tariff act, 1985 as suggested by the department and paid the duty under protest. the dispute with regard to classification of feneplast pvc impregnated conveyor beltings came to.....
Tag this Judgment! Ask ChatGPT.....identity of the appellant as driver of the offending bus is concerned, the trial court, the appellate court and then the high court have found the fact duly proved with reference to the overwhelming evidence on record, including the testimony of pw1 to pw5. in this regard, the observations of the appellate court could be usefully taken note of as under:- “... regarding the submissions of the defence that the prosecution witnesses could not tell who actually was driving the bus because pws 1 to 5 could not establish during their cross-examination that the accused was a driver and that they had stated that the driver ran away and they did not know who was the driver. but the trial court which examined this submission in the light of the testimonies and other necessary evidence, has held that pws 1 to 5 had identified the accused as the person who was driving the bus no.tn-72-0891 and that the accused was present in the court and accordingly identified him. in view of this, this court rejects the arguments of the appellant-accused.” 12. the suggestion that the accident in question occurred for the fault of the on-coming vehicle from the opposite direction has also been.....
Tag this Judgment! Ask ChatGPT.....of the petitioner. the court also noted that the court ought to be satisfied that the foreign award was enforceable and must record its satisfaction in that regard, consequent to which, in view of section 48 of the act, the award shall be deemed to be a decree of the court. the learned single judge then went on to record the five objections taken on behalf of the petitioner through its counsel, which read thus: “the first objection raised is that no prayer for declaration has been made in the application that the foreign award is enforceable. it is submitted that unless prayer is made seeking a declaration as to the enforcement of the award, the court cannot assume jurisdiction. in this regard the learned 6 senior counsel has referred to a single bench decision of the bombay high court in the case of toepfer international asia pvt. ltd. versus thapar ispat ltd., reported in 2000 (1) arb. lr230(bombay) paragraph 19. the second objection is that a civil suit is pending between the parties in which there is a categorical observation both by the learned single judge as well as the division bench that any action taken by the parties to the suit during the pendency of the.....
Tag this Judgment! Ask ChatGPT.....evidence of the appellants/plaintiffs, the suit had to be dismissed, and has rightly been dismissed by the impugned judgment dated 03.10.2018.4. in fact, i may note that the suit filed for the rendition of accounts was also misconceived because the appellants/plaintiffs ought to have filed a suit for recovery of moneys because the cause of action in the plaint filed in the subject suit by the appellants/plaintiffs was that the appellants/plaintiffs were to receive a percentage of commission and professional charges payable for increasing the business of the respondent/defendant. this amount necessarily had to rfa no.153/2019 page 3 of 4 be a quantified amount but the appellants/plaintiffs to avoid paying court fees, after valuing the suit for pecuniary jurisdiction at rs. 21,00,000/- had only paid court fees of rs. 200/-. therefore, in fact the suit itself was not properly framed, since court fees of rs. 200/- only was paid, thus also showing that obviously there was no sufficient interest to effectively pursue the suit, and as rightly noted by the trial court while closing the evidence of the appellants/plaintiffs in terms of the impugned order dated 03.10.2018.5. in view of.....
Tag this Judgment! Ask ChatGPT.....from the date when other similarly situated persons, who had been appointed on muster rolls basis alongwith the respondent, were regularised.2. the facts as emerge from the record are that the respondent had joined the erstwhile municipal corporation as a mali/beldar on 27.01.1984 in which post he continued to work till 24.03.1985. as the respondent was not permitted to work after 24.03.1985 and was instead terminated from service, page 1 of 6 w.p.(c) 1739/2019 he raised an industrial dispute seeking re-instatement and regularisation of service along with back wages from the initial date of his appointment, i.e., 27.01.1984. the said industrial dispute was referred to the labour court, which vide its award dated 19.09.2002, came to a conclusion that the services of the respondent had been wrongly terminated and that the actions of the petitioner/management were in violation of sections 25(f) and 25(g) of the industrial disputes act, 1947. however, in view of the fact that the respondent/workman had raised a grievance regarding his termination only after 6 years, i.e., on 04.04.1991, the tribunal held that he was not entitled to any wages for the said period, but had granted him.....
Tag this Judgment! Ask ChatGPT.....floor, pacific plaza plot no.570, bhavani shankar road, off matkar marg, dadar west, mumbai-400 028 …respondent” i need not narrate the facts in detail or the reliefs claimed, inasmuch as the issue before this court is as to whether this court has territorial jurisdiction to entertain this petition.5. the territorial jurisdiction of this court is invoked by the petitioner by averring in para 44 of the petition that the place of arbitration is at new delhi or as may be decided by the petitioner. para 44 of the petition reads as under:-"“44. this hon‟ble court has the jurisdiction to entertain and adjudicate the instant petition as according to the terms of the master credit facility agreement, the place and the arbitration shall be at new delhi, or as may be decided by the... petitioner.” omp(i)(comm) no.53/2019 page 3 of 21 6. the relevant arbitration clause between the parties in terms of the master credit facility agreement dated 15.09.2018 is para 16, and this para 16 reads as under:-"“16. governing law and arbitration161 governing law this agreement, and all non-contractual obligation arising from or in connection with this agreement, is governed by laws.....
Tag this Judgment! Ask ChatGPT.....only have been the subject matter of execution of the said decree. the counsel for plaintiffs, on enquiry states that there was no application under order xxxix rule 2a of the cpc also. the evidence with respect to violation by the defendants of the decree for permanent injunction, claimed to have been led by the plaintiffs, is beyond pleadings. the plaintiffs, on the issues framed, were required to lead evidence of infringement by the defendants, of prior to the institution of suit and till the time of order/decree of interim/permanent injunction. cs(comm) nos.899/2016 & 900/2016 page 3 of 5 9. the plaintiffs have utterly failed to lead any such evidence and have not even examined any technical witness and the sole witness examined is the legal head of the plaintiffs and bare perusal of his cross-examination shows that he had no personal knowledge about the case.10. without the plaintiffs having proved violation of the registered designs of the plaintiffs and/or having proved that the designs of the product of the defendants were in infringement thereof, the question of the plaintiffs being entitled to the reliefs of rendition of accounts and/or recovery of damages and/or of.....
Tag this Judgment! Ask ChatGPT.....of the indian national trust for art and cultural heritage in its book, titled “delhi: the built heritage” in 1999.4. he has referred to the fact that in the year 2004, the archaeological survey of india, delhi circle, had identified the “gumti” as of national importance and had initiated the process of declaring it to be a monument of national importance, worthy of protection under the amasr act. according to him, it was only on inspection of the monument and its condition carried out by the officials of the asi, the ancient monument was found worthy of protection as a monument of national importance.5. mr. tripathi had also referred to the fact that the defence colony residents association has been using the “gumti” as its office. he also refers to a notification issued under section 4(1) of the amasr act by the department of cultural / archeological survey of india on february 09, 2004. he made a reference to the objections filed by the residents association under section 4(2) of the amasr act, objecting to “gumti” being declared as a monument of national importance.6. suffice it to state that even the comments of the superintending archaeologists were also.....
Tag this Judgment! Ask ChatGPT.....by awarding special damages for the stigma damages for the stigma, harassment and mental agony caused to him at their instance.” 2. the brief facts of the case are that the petitioner was initially appointed as an assistant professor by respondent no.2 in the indian institute of technology (hereinafter referred as „iit‟), delhi in the field of water and sewage management on 30.07.1999 and thereafter was selected and appointed as professor by respondent no.2 on 13.04.2011. in his 17 years of service record at the institute, he has successfully supervised about 18 ph. d candidates and 49+ m.tech candidates and has been privy to w.p.(c) 9777/2017 page 2 of 32 various national and international projects including at rashtrapati bhawan. he is aggrieved by malafide imposition of major penalty of compulsory retirement by respondent no.2 in colourable, well-designed and pre- determined exercise of power; all action having been conspiringly undertaken on a false and unproved letter of a student ms.t.p. (identity not disclosed) dated 22.01.2012 whereby sought change of supervisor which has been treated by the respondents as a complaint of sexual harassment against the.....
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