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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

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

Bihar Chamber of Commerce Vs. Bihar Electricity Regulatory Commission ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

Subject : Education

the Board? F. whether the State Commission has erred by adopting a methodology for calculation of interest and finance charges which are not provided for in the Regulations, 2007? G. whether the State Commission has erred in … Tariff Order dated 26.8.2008 passed by the State Commission for the year 2008-09 before this Tribunal being Appeal No. 128 of 2008. Though the Appeal … certain legitimate expenditures without any basis and genuine grounds. 4. Appeal No. 134 of 2012 This Appeal has been preferred by the Appellant under Section … The Appeal No. 131 of 2012 has been preferred by the Appellant under Section 111 of the Electricity Act, 2003 against the Order dated 30.3.2012 passed by the Bihar Electricity Regulatory Commission (hereinafter called the State Commission)

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

Subject : Land Acquisition

CJI1 Leave granted. BRIEF BACKGROUND:2. In the present batch of cases, the constitutionality of Part XIV of the Finance Act, 2017 and of the rules framed in consonance has been assailed. While it would be repetitious to reproduce … a range of judicial, 9 George A. Bermann; Etienne Picard, Introduction to French Law (Kluwer Law International, Netherlands, 2008) at p.58. 10 Bartlett, C. A. Hereshoff, “The French Judicial System” 33 CLT952(1913). 13 quasi-judicial as well as … petitioner had originally approached the High Court challenging the constitutional validity of Section 13 (5- A) of the Securitisation and Reconstruction of Financial Assets and

Bikram Chatterji Vs. Union of India

Court : Supreme Court of India

Subject : Land Acquisition

agreement contained specific terms as to interest. Under Clause 14 of the agreement, the builder authorised itself to finance loan from any financial institution by way of mortgage/charge/securitization of receivable of the land and flats and the … the aforesaid 40 companies be disclosed to us and their reports from 2008 till today be placed on record by tomorrow.8. The individual Bank accounts … short, ‘the NCDRC') by filing Consumer Complaint No.213 of 2017 under Section 12(1)(c) of the Consumer 5 Protection Act, 1986. The Bank of Baroda had 6. filed Company Petition No.(IB)- 121(PB)/2017 before the National Company Law Tribunal