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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

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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

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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 … and approval and authorization to operate it to developer. Section 5 contains guidelines for notifying Special Economic Zone. Section 7 which assumes importance in the context of the present controversy provides for exemption from taxes, duties and cess. … 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,

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Jan 21 2008

One Stop Airline Mro Support Vs. Commissioner of Customs

Court : Authority for Advance Rulings

Decided on : Jan-21-2008

Subject : Service Tax

Reported in : (2008)(126)ECC216

Section 25(1); Central Excise Act - Section 5A; Central Excise Tariff Act - Sections 107 and 108; Indian Aircraft Rules - Rules 2(49), 30, 134(1) and 134(1)(1A); Bihar Finance Act, 1981 - Section 13(1)Hemraj Gordhandas v. H.H. … been prescribed in some cases such as Entry 347-C (as introduced in 2007) which lays down a condition as to furnishing of undertaking. But, it … the finished product would not be included in raw materials." (Reference is made to the Statement on the amendments to Schedule-VI to the Companies Act, 1956). In the same book, another meaning given is : "goods purchased … Customs, BombayCollector of Central Excise v. Parle Exports Ltd. 1988 (38) E.L.T. 741; City of Henderson v. George Delker Co., 235 S.W. 732; Collector of

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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 … 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 … Airport, Mangalore in India. It was a Boeing 737 8HG (Registration VT-AXB) performing the flight IX-812, which

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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 … taxable. In the order passed in ITA Nos. 4259 and 4260/Del/1980, dt. 7th Nov., 1981, the Delhi Bench had accepted the contention of BHEL. Similar

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Aug 22 2019

Air India Express Ltd. Vs. Capt. Gurdarshan Kaur Sandhu

Court : Supreme Court of India

Decided on : Aug-22-2019

Subject : Education

(1) The Director-General may, through Notices to Airmen (NOTAMS), Aeronautical Information Publication, Aeronautical Information Circulars (AICs), Notice to Aircraft Owners and Maintenance Engineers and publication entitled Civil Aviation Requirements issue special directions not inconsistent with the Aircraft … powers conferred by Sections 5, 7 and 8(2) of the Air Craft Act, 1934 and by Section 4 of the Indian Telegraph Act, 1885, the … the Company at any time, you shall give the Company six months’ notice, in writing, as per CAR Section 7 - Flight Crew Standards Training & Licensing, Series ‘X’ Part II, Issue II dated October 27, 2009 and … Series ‘X’ Part II, Issue II dated October 27, 2009 and as amended from time to time subject to Civil Appeal No.6567 of 2019 @

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Jul 18 2017

Jet Airways India Ltd vs.assistant Commissioner of Cust

Court : Delhi

Decided on : Jul-18-2017

Subject : Service Tax

faulted.16. The writ petition before this court was filed in 2007. The... Petitioner has not sought to either amend its petition or seek a declaration challenging any of the provisions or the notifications/circulars. The... Petitioner having not … 8th October, 2003. The refund is sought on the basis that Sky Marshals who were deployed on its aircrafts are not `passengers' within the meaning of Section 41(f)(ii) of the Finance Act, 1989 (‘FA’) and hence no … Sky Marshals, was extended to private airlines as well by AVSEC order 7/2001 dated 20th September, 2001. In view of this notification, the... Petitioner had

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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

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 … 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) … 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 … gives effect to the principal provisions of the European Patent Convention. Section 77(1) of the Act provides that a European Patent (UK), i.e. one which

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Oct 12 2012

R. Dharuman and Another Vs. the Union of India, Rep by Its Secretary t ...

Court : Chennai

Decided on : Oct-12-2012

Subject : Land Acquisition

in the order; b)forsuch other matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorized to make such search, of tea or tea waste in respect of … and Works Accountants of India to undertake another study during the year 2007 in relation to cost of production of tea leaf in small tea … these observations, the writ petition is disposed of." 7. Subsequent to the disposal of the writ petition, … as well as to levy duty of excise on tea produced in India. The Act had underwent several amendments over the period. Pursuant to the said Act, the third respondent Tea Board was set up to look … the first respondent to exercise power under subsection (1) & (2) of Section 30 of the Tea Act, 1953 to fix the minimum price of

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