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indus Ind Bank Ltd. Vs. Balvinder Singh and anr.
Delhi
May-30-2008
Arbitratin
Arbitration and Conciliation Act, 1996 - Sections 34 and 34(3); General Clauses Act - Sections 27; Evidence Act - Sections 114
2008(104)DRJ259
dismissed as barred by limitation.2. The facts giving rise to the present appeal are that M/s Ashok Leyland Finance Ltd. and respondent herein entered into a hire purchase agreement dated 30th April 2000 by which a truck … that the award came to the knowledge of appellant only in October 2005 when it received the notice of execution proceedings. The appellant further stated … presumption of delivery of the letter within a reasonable time under Section 27 of General Clauses Act and Section 114 of Evidence Act.8. In the present appeal, the appellant has argued that there was no service of award
Tag this Judgment! AI Brief & AskEssar Steel Ltd. Vs. Union of India (Uoi)
Gujarat
Nov-04-2009
Customs
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
[2010]24STT121
permitted 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 … of the Customs Act, 1962 that existed in relation to SEZ scheme, prior to the enactment of SEZ Act, 2005. Section 76F(1) provided for levy of export duty on supplies from DTA to SEZ and also provided or levy
Tag this Judgment! AI Brief & AskMujaffar HussaIn Mansoori Vs. Devendra Trivedi
Madhya Pradesh
Apr-08-2008
BankingCriminal
2009(2)MPHT503
and bottling of liquor whether amounts to manufacture within meaning of Section 2(f) of Central Excise Act 1944? Finance Act 932 of 1994), Section 65 (76 b) (as amended on 16.6.2005) - Held, The first limb of the … Lower Appellate Court has failed to consider the provision under Section 27 of the General Clauses Act and Section 114(III)(f) of the Evidence Act regarding presumption of service of notice, if same was sent by registered post on
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Bharat Sanchar Nigam Ltd. Vs. Deputy Commissioner of Income Tax and or ...
Delhi
May-09-2013
Direct Taxation
over by the Company subject to finalization of the transfer value by 31.03.2001 in consultation with Ministry of Finance. (iv) The Assets are being transferred to the Company in consideration of Rs 5,000 crore equity (for which … known that a presumption can also be raised to the effect that in terms of Clause (e) of Section 114 of the Indian Evidence Act the judicial and official acts have been regularly performed.20. Admittedly, no new tangible
Tag this Judgment! AI Brief & AskBharat Sanchar Nigam Ltd. Vs. Deputy Commissioner of Income
Delhi
May-09-2013
Direct Taxation
over by the Company subject to finalization of the transfer value by 31.03.2001 in consultation with Ministry of Finance. (iv) The Assets are being transferred to the Company in consideration of Rs 5,000 crore equity (for which … known that a presumption can also be raised to the effect that in terms of Clause (e) of Section 114 of the Indian Evidence Act the judicial and official acts have been regularly performed.20. Admittedly, no new tangible
Tag this Judgment! AI Brief & AskMoser Baer India Ltd. Vs. Dy. Cit
Income Tax Appellate Tribunal ITAT Delhi
Jul-18-2007
Direct Taxation
High Court in the cases of Praful Chunilal Patel v. MJ. Makwana, Asstt. CIT and that in Gruh Finance Ltd. v. Jt. CIT (2002) 123 Taxman 196. Both these decisions have not been approved by the jurisdiction … known that a presumption can also be raised to the effect that in terms of Clause (e) of Section 114 of the Indian Evidence Act, 1872, judicial and official acts have been regularly perf ormed. If it be
Tag this Judgment! AI Brief & AskDilip S.Dhanukar Chairman and Managing Director Indo Biotech Foods Lim ...
Chennai
Oct-08-2010
Criminal
Code Of Criminal Procedure (CRPC), 1973 - Section 482
another decision rendered by Mr. Justice Malai Subramanian, as he then was, in Sarvaraya Textiles Limited v. Integrated Finance Ltd. reported in 2001 (1) CTC 725, wherein, it is held that the prosecution is maintainable, even though, … complainant against the petitioner and respondents 2 and 3 in Crl.O.P.No.433 of 2005 under Section 138 of the Negotiable Instruments Act (hereinafter referred to as … under Section 138, by ignoring statutory presumption to the contrary under Section 27 of the GC Act and Section 114 of the Evidence Act..." Therefore, the said decision does not apply to the facts of the case on
Tag this Judgment! AI Brief & AskVijay Madanlal Choudhary Vs. Union Of India
Supreme Court of India
Jul-27-2022
Land Acquisition
twin conditions. The second situation is said to be even more damaging given that the substitution by the Finance Act, 2018 is targeted only to this classification of Part-A of the Schedule, since the Court in the reported … counsel also reminisces of the speech of the then Finance Minister on the Prevention of Money-Laundering (Amendment) Bill, 200534 in the Lok Sabha on 06.05.2005. However, it was also conceded that the amendment of Section 44(1)(b) of … Maharashtra vs. Chief Information Commissioner & Anr., 2018 SCC OnLine Bom 1199 114 Vineet Narain & Ors. vs. Union of India & Anr., (1998) 1
Tag this Judgment! AI Brief & AskIndore Development Authority Vs. Manoharlal and Ors. Etc.
Supreme Court of India
Mar-06-2020
Land Acquisition
(2020) 8 SCC129; [2020] 3 SCR 1
with income tax only. 26.2. The position of law and the rights accrued prior to enactment of the Finance Act, 2004 have to be taken into account, particularly when the position becomes irreversible. 26.3. The provisions of Section … given money for something.” P. Ramanatha Aiyar’s Advance Law Lexicon, 3rd Edition, 2005, uses the following definition of “paid”: “applied; settled: satisfied.” 203. The word … in the spirit behind what is saved under Section 6 (of the General Clauses Act) as provided in Section 114 of the Act of 2013 and 113 the non-obstante clause in Section 24(2).125. It was also submitted on
Tag this Judgment! AI Brief & AskRajeev Suri Vs. Union Of India
Supreme Court of India
Jan-05-2021
Land Acquisition
in para 34 thus: “39. Democracy requires an informed citizenry and transparency of information. The Right to Information Act, 2005 (“the RTI Act”) recognises the right of the citizen to secure access to information under the control of … aspect of the growth of constitutional law in India. As regards individual 114 liberties, we have witnessed a wholehearted and rather expansive approach by the … questions to the members of the government and demand answers thereto. Nor would they have authority over the finances of the Government’279.” It was followed by Indian Councils Act, 1892280 whereby indirect elections were introduced and members … Government is the repository of public faith in matters of development. Some section of the public/citizens may have another view point if not complete disagreement
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