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Dr S J Rajalakshmi Vs. The Manager

Court : Karnataka

Subject : Service Tax

control; the (gb) certification, inspection and regulation of communication, navigation and surveillance or air traffic management facilities; The Aircraft (Amendment) Act, 2007 (44 of 2007) came into force with effect from 01-02-2008 vide Notification No.AV.11012/3/2000-A dated 21st January 2008 (gc) … the petitioners for the reliefs sought for, are not maintainable.7. It is further contended that as per Article-17 Section 17.1(b) as appearing in the Conditions of Contract, the liability for loss, delay or damage to baggage is

Indian National Shipowners' Association, a Company having Its register ...

Court : Mumbai

Subject : Service Tax

Acts : Companies Act, 1956 - Sections 25; Central Excise Act, 1944 - Sections 378; Finance Act, 1994 - Sections 65, 65(105), 65A, 65A(2), 66, 68(1) and 83; Finance Act, 2007; Finance Act, 2008; Indian Income Tax Act, 1922 - Sections 2(9) and 3; Income Tax Act, 1961 - Sections 2(31); Customs Act, 1962 - Sections 129(3), 129C and 129D; Service Tax Rules, 1994; Constitution of India - Articles 246, 276 and 276(1)

Reported in : 2009(5)BomCR369; 2009(111)BomLR1529; (2009)224CTR(Bom)197; [2009]17STJ255; 2009[14]STR289; [2009]19STT408; (2009)22VST293(Bom)

sea. He drew our attention to Section 65-105-(zzn) of the Finance Act, 1994 which relates to transport by aircraft. He also referred to Section 65-105-(zzp) which relates to transport by road. He also referred to Section 65-105(zzz) … pointed out that upon the insertion of entry (zzzzj), there was no amendment to the old entry (zzzj). Therefore, subject matter of entry (zzzzj) is … the service consumer.7. Entry (zzzy) was inserted into Section 65(105) of the Finance Act, 1994 by the Finance Act, 2007. The said entry reads as under:Any service provided or to be provided to any person by any other … Ranjana Desai, J.1. The 1st petitioner is the Indian National Ship Owners' Association which is registered as

Essar Steel Ltd. Vs. Union of India (Uoi)

Court : Gujarat

Subject : Customs

Acts : Finance Act, 2007 - Sections 99 and 114; Customs Act, 1962 - Sections 7, 12, 22, 25, 28(1), 30 and 76A to 76N; Sea Customs Act; Special Economic Zones Act, 2005 - Sections 1, 2, 2(1), 3, 3(1), 4, 4(1), 4(2), 4(4), 5, 7, 12, 15(9), 26, 26(1), 26(2), 30, 51, 53, 53(1), 53(2) and 55; Motor Vehicles Act - Sections 38 and 38(1); Taxation Act - Sections 3, 3(1) and 4A; Trade Marks Act - Sections 28; Uttar Pradesh Trade Tax Act, 1948 - Sections 3; Central Excise Act, 1944 - Sections 4 and 4(1); Factories Act, 1948; Sea Customs (Amendment) Act, 1955; Land Customs Act; Indian Aircrafts Act, 1911; Customs Tariff Act, 1975 - Sections 2, 2(15), 2(18), 2(19), 2(20), 2(22), 2(23), 2(25), 2(26), 2(27), 12, 14, 14(1), 17, 18, 46 and 50; Industries (Development and Regulation) Act, 1951; Income

Reported in : [2010]24STT121

time to time and some important amendments were made to the Sea Customs Act by the Sea Customs (Amendment) Act, 1955. It was felt that several provisions of the Act had become obsolete and difficulties had also been … the goods into the zone. By virtue of Section 114(n) read with the 3rd Schedule to the Finance Act, 2007, Heading No. 11 of the Second Schedule - Export Tariff to the Customs Tariff Act, 1975 was substituted … of air customs was governed by certain rules made under the Indian Aircrafts Act, 1911. Therefore, while revising the provisions of the Sea Customs Act, … to SEZ units under LUT/Bond and/ or rebate.3. Special Civil Application Nos. 11032 & 9806 of 2008 are filed by SEZ Developers and remaining 8

The Joint Action Committee of Airlines Pilots Associations of India an ...

Court : Supreme Court of India

Subject : Right to Information

Acts : Business Rules 1961; Aircraft Act, 1934 - Sections 5, 5(2), 5-A

perused the record. Relevant Statutory Provisions:8. It may be necessary to make reference to relevant provisions of the Aircraft Act, 1934 (hereinafter referred to as `Act 1934'). Section 4A of the Act 1934 provides for safety oversight … from international safety requirements in respect of FDT and FTL. It has further been submitted therein that the amendment to FDT and FTL in the said CAR was neither in conformity with the existing safety rules, nor … the Aeronautical Information Circular (hereinafter called as `AIC') No.28/92 and the CAR 2007. Vide AIC 28/92, FT and FDTL had been defined and fixed depending … 1. Leave granted.2. This appeal has been preferred against the judgment and order

Zodiac Seats Uk Limited (Formerly Known as Contour Aerospace Limited) ...

Court : UK Supreme Court

Subject : Service Tax

same conditions, as the proprietor of a patent under this Act." Section 77(2)-(4A) deal with the revocation or amendment of a European Patent by the EPO ("EPO"): "77 Effect of European Patent (UK) ... (2) Subsection (1) … which was designed in about 2005, reclines to provide a flat bed. It is commonly used in long-haul aircraft. Zodiac Seats UK Ltd (as it is now called) manufactures a seating unit called the "Solar Eclipse" in … unit for a vehicle", granted to Virgin and published on 30 May 2007. The seat, which was designed in about 2005, reclines to provide a

Federation of Indian Airlines and ors. Vs. Union of India and ors.

Court : Delhi

Subject : Constitution

Acts : Constitution of India - Articles 226, 19(1)(g), 162, 14; Societies Registration Act, 1860; Companies Act, 1956; Airports Authority of India Act 1994 - Sections 42, 12A

Entry for Ground Handling Services) Regulations, 2007 (for short 2007 Regulations) as ultra vires the provisions of The Aircraft Act, 1934 (for short the 1934 Act), The Aircraft Rules, 1937 (for short the 1937 Rules) and The … have been issued by the said authority in the absence of an amendment of the ground handling Regulations 2007 as there is a complete dichotomy … upon and, hence, they are reproduced below: "2(b) "Authority" means the Airports Authority of India constituted under sub section (1) of Section 3 of the Airports Authority of India Act, 1994 (55 of 1994);2(e) "Ground Handling" means(i) ramp

Jeeja Ghosh and Anr. Vs. Union of India and Ors.

Court : Supreme Court of India

Subject : Land Acquisition

respondent No.2 - Directorate General of Civil Aviation (for short, 'DGCA') as authorized by Rule 133A of the Aircraft Rules, 1937, which states:“4.1 No airline shall refuse to carry persons with disability or persons with reduced mobility … seating areas and guidance for service animals. The Committee reviewed the CAR, 2008 and made several recommendations for amendment in the said CAR. It suggested that the definition of persons with reduced mobility should include such persons … National Society for Equal Opportunities of the Handicapped (NASEOH) in the year 2007. Ms. Jeeja Ghosh is also the recipient of the 'Role Model Award' … gap between the laws and reality still remains. Even though human rights activists have made their best efforts to create awareness that people with disabilities … growth of the society, yet mindset of large section of the people who claim themselves to be

Air India Ltd. Vs. Tej Shoe Exporters P. Ltd. and anr

Court : Delhi

Subject : MRTP

within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. In the present case, the … India is signatory, and further to give effect to the Hague Protocol of 1955. The Protocol made certain amendments to the Warsaw Convention. The Warsaw Convention had previously been given effect to in India by enactment of … the baggage lost (weight loss basis) provided under the Carriage by Air Act, 1972 (“the 1972 Act”). Lufthansa authorized Air India to settle the claims … the compensation offered by Air India, Tej Shoes filed a complaint under Section 21 read with Section 12 of the Consumer Protection Act, 1986 before … ON:24. 05.2013 PRONOUNCED ON:19.09.2013 % + RFA (OS) 18/2007 AIR INDIA LTD. ..... Appellant Through: Ms. Geeta

Bnp Paribas Vs. United Breweries (Holdings) Limited (Dr. Vijay Mallya) ...

Court : Karnataka

Subject : Companies

Acts : Companies Act, 1956 - Sections 483, 536(2),537( 1); Karnataka High Court Act 1961 - Section 4

at 16, Boulevard Des, Italiens- 75009, Paris, France, which is a Bank.The petitioner financed the acquisition of three Aircrafts by Kingfisher Aero.However, they secured guarantees from the respondent - United Breweries (Holdings) Limited. On account of default … from time to time under a lease agreement incorporating the terms of the Master Agreement and any appropriate amendments specified in the lease agreement. Pursuant to the master agreement, petitioner & RRPF and the lessee - Kingfisher … This OSA is filed under Section 483 of the Companies Act, 1956 r/w Section 4 of the Karnataka High Court Act 1961, praying … No.2 dated 30th September 2005 and lease agreement No.4 dated 28th March 2007.22 6.Their case is that, the respondent has executed a corporate guarantee dated … filed under Section 483 of the Companies Act, 1956 r/w Section 4 of the Karnataka High Court

Commissioner of Income Tax Vs. Siemens Aktiongesellschaft

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 4(2), 5, 9, 9(1), 9(2), 10(1), 10(2), 90, 90(1), 90(2) and 195; Finance Act, 2007; Indian Income Tax Act, 1922; Finance Act, 1976; Finance Act, 1977; Income Tax (Amendment) Act, 1976

Reported in : (2008)220CTR(Bom)425; [2009]310ITR320(Bom); [2009]177TAXMAN81(Bom)

interests, dividends, management charges, remuneration for labour or personal services or income from the operation of ships or aircraft but shall include rents or royalties in respect of cinematographic films.Under Article V income derived from the operation … the Act to the extent they are required. Before answering the issue we may point out that Finance Act, 2007 has inserted Explanation to Section 9(1) after Section 9(1)(vii) with retrospective effect from 1st June, 1976 and which … be considered are the Clauses of the DTAA and not the subsequent amendments. In other words the static interpretation. Reliance is placed on the ruling