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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 … Mehras i.e. the Petitioner Nos.2 and 3 filed Company Petition No.74 of 2008 against the Respondent No.1, Dr.Wobben and Mr. H D Ketwigg alleging oppression … upon another judgment of the Apex Court reported in (2009) 2 SCC 134 in the matter of ShaktiBhog Foods Limited V/s Kola Shipping Limited and … 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 Injunction Application of the Petitioners above-named,

Bharat Hotels Limited vs.commissioner, Central Excise (Adjudication)

Court : Delhi

Subject : Service Tax

Tribunal (CESTAT) (hereinafter referred to as “Appellate Tribunal”), upholding imposition of penalty for non-compliance with provisions of the Finance Act, 1994 (also herein referred to as “the Act”), in respect of payment of service tax in respect of … relied on the judgment of the Supreme Court in Imagic Creative Pvt. Ltd. v. Commissioner of Commercial Taxes 2008 (56) BLJR1038 to say that payment of service tax and VAT are mutually exclusive. The relevant portion of … 7 Connecticut 457, p. 470, as cited in CRAIES, Statute Law, p. 134 (7th Edition). CEAC252017 Page 20 of 26 apply. In our opinion, the … error in holding that invocation of the extended period under proviso to Section 73(1) of the Act in respect of two services, i.e. management, maintenance

Dharampal Satyapal Limited Vs. the Commercial Tax Officer,

Court : Chennai

Subject : ExciseSales Tax/VAT

Acts : Tamil Nadu General Sales Tax Act, 1959 - Sections 3, 3A, 3B, 3(2) and 8; Central Sales Tax Act, 1956 - Sections 14 and 15; Additional Duties of Excise (Goods of Special Importance) Act, 1957; Finance Act, 1996; Central Excise Tariff Act, 1985; Central Administrative Act; Finance Act, 1995; Finance Act, 2001; Central Excise Act; Andhra Pradesh General Sales Tax Act; State Sales Tax Act - Sections 8; Delhi Sales Tax Act; Minimum Wages Act; Orissa Sales Tax Act; Uttar Pradesh Sales Tax Act; Prevention of Food Adulteration Act, 1954 - Sections 7; Constitution of India - Articles 246, 286 and 286(3)

Reported in : 2009(243)ELT179(Mad); (2009)24VST193(Mad)

tobacco and 40%preparations containingchewing tobacco========================================'The relevant extracts from the Finance Act, 2001 read as follows:' THE FOURTH SCHEDULE[See Section 134 (a)]PART - IIn the First Schedule to the Central Excise Tariff Act, -(1) in Chapter 21, for NOTE … Central Act 26 of 1988 with the product description in the CET Act with effect from 16.3.1988. By Finance Act 2 of 1996, Chapter Heading 2404 of the Central Excise Tariff Act was re-cast and substituted, and chewing … To support their case of inclusive definition, petitioners place reliance on : 2008(227)ELT497(SC) [Ponds India Limited v. Commissioner of Trade Tax, Lucknow] and : [1971]82ITR44(SC)

Contai Co-operative Bank Ltd. Vs. Uday Chandra Dey

Court : Kolkata

Subject : Banking

Acts : West Bengal Co-operative Societies Act, 1983 - Sections 49, 95, 95(1), 95(2), 134 and 134(2); ;Specific Relief Act - Section 38; ;Code of Civil Procedure (CPC) - Section 9 - Order 7, Rule 11; ;West Bengal Co-operative Societies Act - Sections 86 and 132

Reported in : (2008)4CALLT353(HC)

Matched in: Citation (2008)4CALLT353(HC)

M/s. RSPL Ltd. Vs. Mukesh Sharma and Another

Court : Delhi

Subject : Intellectual Property

where the plaintiff has been carrying on with its important aspects of its business including marketing, distribution and finance and is carrying on its said goods and business under the said trademark/label within the territorial jurisdiction of … place reliance on Govardhan Motels and Restaurants v. I. Subramanyam and Anr., 2008 (36) PTC 513 (Del). In this case, the defendant, an ex-employee of … territorial jurisdiction to entertain and try the present suit. 2. The plaintiff has filed the present suit under section 134 and 135 of the Trade Marks Act, 1999 and the Copy Right Act, 1957 alleging infringement of the

P.P. Muraleedharan vs Remani

Court : Kerala

get extended depending on the pendency of suchproceedings. This is evident from the judgmentof Supreme Court in United Finance Corporation (supra) wherein it was held that Legislature consciously adopted the expression “when the sale becomes absolute” in … [2021 (1) KHC 1 (FB)], wherein, in paragraph 19 of the judgment, it is declared as follows:19. Under Section 134 of the Limitation Act, thestarting point for filing an application for delivery of possession is when the sale

Shri Manoj Aggarwal, Bemco Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

it is submitted that the whole mater is procedural in nature; that Section 292BB recently inserted by the Finance Act, 2008 shows that any defect in such notice can be cured and is not fatal; that even otherwise the

M/S. Commonwealth Developers Cd Fountainhead, Represented by Its Partn ...

Court : Mumbai Goa

Subject : Land Acquisition

would be appropriate to note that the said definition of the words 'built-up area' was inserted by the Finance Act of 2004 w.e.f. 01.04.2005 much before the plans were approved in the present case. 9. On going through … definition of the words 'built-up area' under the Goa ( Regulation of Land Development and Building Construction ) Act, 2008 which reads thus : œBuilt-up area? means all areas which are built upon and essentially forming part of … a total income of Rs.53,620/- on 30.10.2006. An order was passed under Section 143(3) of the Income Tax Act on 21.11.2008 on the returned income … built-up area mentioned in the agreement in respect of each villa is 134.83 square metres as computed by the Architect. In this background, we shall

Smt.Sheeba Joseph vs State of Kerala

Court : Kerala

the Act unless the context otherwise requires. The Fifth proviso is a context otherwise spelt out by Kerala Finance Act 2008, effective from 01.04.2005. The Legislature, in its competence, wisdom and policy of providing measures to a few individuals … cases. 3.1 A full Bench vide order dated 06.04.2022 has laid down as follows:“9. Now, we will examine Section 2 of the Act, which begins with the words “In this Act, unless the context otherwise requires”, which … 7TH SRAVANA, 1944 OT.REV NO. 132 OF 2019 AGAINST THE ORDER TAVAT 134/2017 OF KVAT APPELLATE TRIBUNALREVISION PETITIONER/S: KURUVILA THOMAS, AGED 58 YEARS, PROPRIETOR, KOLABHAGATHU

M/S. Aswathywud vs State of Kerala

Court : Kerala

the Act unless the context otherwise requires. The Fifth proviso is a context otherwise spelt out by Kerala Finance Act 2008, effective from 01.04.2005. The Legislature, in its competence, wisdom and policy of providing measures to a few individuals … cases. 3.1 A full Bench vide order dated 06.04.2022 has laid down as follows:“9. Now, we will examine Section 2 of the Act, which begins with the words “In this Act, unless the context otherwise requires”, which … 7TH SRAVANA, 1944 OT.REV NO. 132 OF 2019 AGAINST THE ORDER TAVAT 134/2017 OF KVAT APPELLATE TRIBUNALREVISION PETITIONER/S: KURUVILA THOMAS, AGED 58 YEARS, PROPRIETOR, KOLABHAGATHU