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Sep 25 2019

Dr S J Rajalakshmi Vs. The Manager

Court : Karnataka

Decided on : Sep-25-2019

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 … HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE25H DAY OF SEPTEMBER, 2019 BEFORE THE HONBLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.2432/2017 & WRIT

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Nov 04 2009

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

Court : Gujarat

Decided on : Nov-04-2009

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, … an act to consolidate and amend the law relating to customs.20. Mr. Champaneri has further submitted that under Section 2(15), the term 'duty' is defined to mean a duty of customs leviable under the said Act. The term

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May 03 2011

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

Court : Supreme Court of India

Decided on : May-03-2011

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 … Court of Judicature at Bombay dismissing the Writ Petition No. 1687 of 2008, wherein the appellants had challenged the validity and propriety of a Circular

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Jul 03 2013

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

Court : UK Supreme Court

Decided on : Jul-03-2013

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

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Mar 04 2011

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

Court : Delhi

Decided on : Mar-04-2011

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 … of the respondent No.2 emanate from Section 5A of the 1934 Act read with clause (m) of sub- section 2 of Section 5 and by no figment of imagination it can be said that the power does not

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Nov 02 2007

Cedric D'Silva Vs. Union of India (UOi) through the Under Secretary to ...

Court : Mumbai

Decided on : Nov-02-2007

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 2(5), 10, 10(1) and 12(5); Aircraft Act; Aircraft Rules, 1937 - Rule 141 and 141B; FDTL and Roistering Rules, 2003

Reported in : 2008(1)BomCR70; (2007)109BOMLR2397; [2008(116)FLR247]; (2008)ILLJ483Bom

Matched in: Citation 2008(1)BomCR70; (2007)109BOMLR2397; [2008(116)FLR247]; (2008)ILLJ483Bom

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Sep 19 2013

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

Court : Delhi

Decided on : Sep-19-2013

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 … provisions of law. The provisions of the 1972 Act, to the extent they are relevant, are reproduced hereafter. Section 2 (2) defines “Convention” as “the Convention for the unification of certain rules relating to international carriage by air … 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

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Aug 04 2015

M/S Japan Airlines Co.Ltd. Vs. Commr. of Income Tax,new Delhi

Court : Supreme Court of India

Decided on : Aug-04-2015

Subject : Direct Taxation

The rate at which deduction of tax is to be made at source is 20%. There have been amendments in this Section in the years 2002, 2007 and 2009 and with these amendments, the scope of this … 'Act'). The TDS under Section 194-C of the Act is deductible @ 2%. After deducting this TDS while making payment to AAI, the same is … Singapore Airlines Limited (hereinafter referred to as the 'SAL'). As both are international Airlines, they are flying their aircrafts to various destinations across the world. Their services include inward and outbound air traffic to and from New … two Airlines are deducting TDS under Section 194-C of the Income Tax Act, 1961 (hereinafter referred to as the 'Act'). The TDS under Section 194-C

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Jul 20 2011

S. Abdul Salam and Others Vs. Union of India Represented by Its Secret ...

Court : Kerala

Decided on : Jul-20-2011

Subject : Land Acquisition

stand discriminated. It was accordingly, that the Carriage by Air (Amendment) Bill, 2007 was introduced in the Lok Sabha on 04.05.2007, which was referred to … Airport, Mangalore, overshot the runway and fell into a gorge sustaining the crash. 158 persons carried in the Aircraft, out of the total 160 passengers and 8 crew, sustained a horrifying death and the deceased involved in … the statutory compensation payable under the Carriage by Air Act 1972, as amended by the Carriage by Air (Amendment) Act, 2009 (Act 28 of 2009) incorporating the relevant provisions under the III Schedule in conformity with the Montreal … amended by the Carriage by Air (Amendment) Act, 2009 (Act 28 of 2009) incorporating the relevant provisions … under Rule 21(1), read with and 17(1) of the Third Schedule and Section 5(1) of the Act. It is contended that the second respondent put

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Nov 19 2008

Commissioner of Income Tax Vs. Siemens Aktiongesellschaft

Court : Mumbai

Decided on : Nov-19-2008

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 … first agreement between the assessee respondent and BHEL was entered into on 21st July, 1974, the second was dt. 28th July, 1975, and the third

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