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Enercon (India) Ltd. and Others Vs. Enercon Gmbh and Another

Court : Mumbai

Subject : Arbitration

buttress the said submission by referring to the clauses mentioned in the IPLA, regarding the grant of licences, finance, tenure of the IPLA; iv] That the patents in respect of which the licences were to be given … the Original Side of this Court being Short Cause Suit No.2667 of 2007 seeking resumption of supplies. This Court has, by an interim order dated … the Trial Court dated 9th January 2009 came to be set aside, resulting in the Application filed under Section 45 of the Arbitration and Conciliation Act, 1996 being allowed in terms of prayer clause 28(a) thereof, and the

G.V.Matheswaran Vs. the Union of India

Court : Chennai

Subject : Service Tax

the provisions of Section 65(90a) read with Section 65(105)(zzzz) of the Finance Act, 1994 as amended by the Finance Act, 2007 and Finance Act, 2010 (b) levying or attempting to levy, collect or recover from the petitioner, any service … 22687/2009, 23109/2009, 23144/2009, 23231/2009, 3977/2010, 26377/2009, 26515/2009, 26886/2009, 402/2010, 1141/2010, 1251/2010, 2210-2212/2010, 2676/2010, 2685/2010, 3085/2010, 3522/2010, 4039/2010, 4100/2010, 4544/2010, 6114/2010, 6288/2010, 14116/2010, 14886 & 14887/2010, 16610 & 16611/2010, 17607/2010, 17916 & 17917/2010, 18347/2010, 19321 & 19322/2010, 19407-19410/2010,

Mulheim Pipecoatings Gmbh Vs. Welspun Fintrade Limited and Another

Court : Mumbai

Subject : Land Acquisition

dispute raised by such party would be arbitrable.” In a subsequent decision in Branch Manager, Magma Leasing and Finance Ltd. vs. Potluri Madhavilata, (2009) 10 SCC 103)the Supreme Court, in a judgment of two learned Judges, has … a Learned Single Judge which has been rendered on a Petition which was filed by the Appellant under Section 45 of the Arbitration and Conciliation Act, 1996. The Appellant which is a company incorporated in Germany entered into

Maheshwari Agro Industries Vs. Union of India

Court : Rajasthan

Subject : Direct Taxation

254 of the Act by Finance Act, 1999 with effect from 01.06.1999 and further first proviso substituted by Finance Act, 2007 with effect from 01.06.2007 extending period of stay granted by the ITAT in the first instance for 180 … Gains, Return of Income, Recovery Sections 54, 54B, 54D, 140A, 220, Sec. 45 of the IT Act, 1961, provides for the taxation of capital gains … ‘Act’) have power to grant stay and decide the stay application filed along-with appeal/s filed before them under Section 246/246A of Act respectively or not. The concomitant question, which would arise is whether the power of the

Chandi Ram and ors. Vs. Commissioner of Income Tax

Court : Punjab and Haryana

Subject : Direct Taxation

Reported in : (2008)217CTR(P& H)113; [2009]312ITR139(P& H)

45(5) of the Act and Sub-section (16) of Section 155 of the Act, which were inserted by the Finance Act, 2003 w.e.f. 1st April, 2004, was considered. However, both these provisions have been taken into consideration by the … by this Court in IT Appeal No. 695 of 2005 (CIT v. Prem Singh, decided on 16th May, 2007), while observing as under:At the outset, learned Counsel for the assessee contended that the question of law raised

S.K. Habibunnisa Vs. Shriram Transport Finance Company Ltd.

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Subject : Land Acquisition

Orix Auto Finance (India) Ltd.v. Jagmander Singh and Anr., II (2007) CPJ 45 (SC)=II (2006) SLT 166=127 (2006) DLT 278 (SC)held as under: “If agreements … 2,25,000. The respondent company alleged that still an amount of Rs. 1,22,599 was due by giving following calculations:Amount finance :Rs.2,70,000Finance Charges @ 17.50%for 36 monthsRs.1,41,750Total Agreement valueRs.4,11,750Less: Instalment amount paid by the Hirer as on 26.5.2003.Rs.1,30,830Rs.2,80,920Add: ODC … computed at Rs. 5,000 . Appeal allowed. Consumer Protection Act, 1986 - Section 2(1)(g) - Cases Referred: 1. Sundaram Finance Ltd. v. State of Kerala … a hirer and executed the agreement. The hirer is not a consumer as defined in the Consumer Protection Act. The defaulted hirer has no right to claim any vehicle, in any Forum, unless and until the agreement

Magma Fincorp Ltd. Vs. Subhankar Singh

Court : National Consumer Disputes Redressal Commission NCDRC

Subject : MRTP

the case of the complainant. 11. The National Commission, in case reported in Surendra Kumar Agarwal v. Telco Finance Ltd. and Anr., II (2010) CPJ 163 (NC), Honble Mr. Justice Ashok Bhan, President, was pleased to hold … order as to cost. Revision Petition dismissed. Consumer Protection Act, 1986 - Sections 2(1)(g), 21(b); Cases Referred: 1. Surendra Kumar Agarwal v. Telco Finance Ltd. … of the complainant did not lodge the FIR immediately. It was lodged 45 days after the alleged occurrence. Inordinate delay in lodging the FIR is … stories can be created, at any time. Police report was lodged but the police did not take any action. No Medical Certificate was produced to embolden the case of the complainant. 11. The National Commission, in case

The Commissioner of Income Tax Vs. M/S Prakash Electric Company

Court : Karnataka

Subject : Direct Taxation

Vs. M/s Prakash Electric Company 13/30 of Section 47 of the Act is a beneficial provision introduced by Finance Act, 1998 with effect from 01.04.1999 to encourage corporatisation in the business world and to avoid levy of taxation … Special Bench in the case of ITO Vs. Ms. Susheela M Javeri, 2007 14 SOT394had an occasion to consider the meaning of the word ‘a’ … M/s Prakash Electric Company 10/30 from the transfer of such capital asset or intangible asset not charged under section 45 by virtue of conditions laid down in the proviso to clause (xiii) or the proviso to clause (xiv)

A.P. Federation of Chit Funds Vs. Union of India (Uoi)

Court : Andhra Pradesh

Subject : Service Tax

Acts : Finance Act, 1994 - Sections 65(12) and 65(105); Andhra Pradesh Chit Funds Act, 1971 - Sections 2 and 6; Finance (Amendment) Act, 2007 - Sections 65; Chit Funds (Amendment) Act, 1982; Reserve Bank of India Act, 1934 - Sections 41(1) and 45I; Constitution of India - Articles 14, 19(1), 226 and 265; Andhra Pradesh Chit Funds Rules

Reported in : 2009[13]STR350

of chit funds is to mobilize cash from the subscribers and therefore falls under cash management. Under the Finance Act, 2007, which came into effect from 1-6-2007, the Sub-clause (5) of Section 65(12) of Finance Act, 1994 was amended … definition of the financial institutions, which runs as follows:'Financial institution' has been assigned the meaning as per Section 45-I of the Reserve Bank of India Act, 1934 [Section 65(45)], as follows:'financial institution' means any non-banking institution which

Enercon (India) Ltd. and Others Vs. Enercon Gmbh and Another

Court : Mumbai

Subject : Arbitration

buttress the said submission by referring to the clauses mentioned in the IPLA, regarding the grant of licences, finance, tenure of the IPLA; iv] That the patents in respect of which the licences were to be given … the Original Side of this Court being Short Cause Suit No.2667 of 2007 seeking resumption of supplies. This Court has, by an interim order dated … the Trial Court dated 9th January 2009 came to be set aside, resulting in the Application filed under Section 45 of the Arbitration and Conciliation Act, 1996 being allowed in terms of prayer clause 28(a) thereof, and the