Judgment Search Results Home > Cases Phrase: aircraft amendment act 2007 section 13 amendment of section 11a Court: delhi Page 1 of about 165 results (0.238 seconds)

Federation of Indian Airlines and ors. Vs. Union of India and ors.

Court : Delhi

..... india (general management, entry for ground handling services) regulations, 2007 (for short 2007 regulations) as ultra vires the provisions of the aircraft act, 1934 (for short the 1934 act), the aircraft rules, 1937 (for short the 1937 rules) and the airports authority of india act, 1994 (for short the 1994 act) and also ultra vires articles 14 and 19(1)(g) ..... pursuance of the above decision, the dgca issued the aic no.3/2010 dated 2.6.2010 in succession to the aic 07/2007 dated 28.9.2007 and amendment to the 2007 regulations was issued on 2.12.2010. the bcas vide its avsec order no.05/2009 dated 29.10.2009 had made the airlines ..... accordance with and subject to the provisions contained in schedule xi: provided that any person already permitted and operating scheduled air transport service before commencement of the aircraft (second amendment) rules, 1994, or any successor to such person under section 3 of the air corporation (transfer of undertaking and repeal) ordinance, 1994 (ord.4 of .....

Wg. Crd. (Retd.) V.A. Joshi and Others Vs. Union of India and Another

Court : Delhi

..... or hire after attaining the age of 60 years. 4. vide notification no. g.s.r. 676 (e) (17-nov-05) dated 17.11.2005 by an amendment in rule 28a of aircraft rules, 1937, the said rule was substituted to read as follows:- 28a. maximum age limit for professional pilots.- (1) no person, holding a pilots license issued ..... private pilot license. all the petitioners herein hold altp licenses. prior to the impugned amendment, the petitioners who are above 65 years of age, were permitted to fly private aircrafts for non-commercial flight operations. there was no restriction under any of the provisions of the act or the rules framed thereunder or the cars prohibiting pilots above 65 years of age ..... pilots license. sub-clause (b) grants a privilege to act as pilot-in-command or as co-pilot of any aeroplane where a co-pilot is required to be carried and which is entered in the aircraft rating of his licence. to this sub-clause, by way of amendment, 4th proviso is added as per which on attainment of the .....

Harsh Vardhan Pratap Singh vs.union of India and Anr.

Court : Delhi

..... state.11. it appears that having regard to the fact that india was a signatory to the chicago convention, it proceeded to insert section 42 in the aircraft act via amendment act 12 of 1972 in place of section 3 w.e.f. 20.04.1972, which, in effect, empowered the central government to make rules as may ..... dated 19.09.2017. 5.1 by virtue of this notification, the central government in exercise of powers under section 5 of the aircraft act has amended schedule ii, section r, para 6 clause (b) of the aircraft rules by, inter alia, inserting the following proviso: - "provided that this privilege shall be subject to any directions that may be ..... is the following: - issues: (i). whether the impugned provision is unconstitutional and ultra vires the provisions of the aircraft act and rules framed thereunder?. (ii). whether the director-general could amend para 6(b) of section r, schedule ii of the aircraft rules by inserting the impugned provision in car?." issues ((i) & (ii):18. in so far as the .....

Sahara Airlines Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2002)83ITD11(Delhi)

..... to the provisions of section 10(15a) of the act as originally inserted in the statute by the it (amendment) act, 1989, w.e.f. 24th jan., 1989, which provided that any payment made, by an indian company engaged in the business of operation of aircraft, to acquire an aircraft on lease from the government of a foreign state or ..... inserted and, therefore, it can be said that such rent was connected with the acquisition of aircraft on lease.13. so the question that arises is as to what was intended to be excluded by the legislature by amendment made by finance act, 1995, w.e.f. 1st april, 1996. from the perusal of the memorandum explaining ..... restrict the scope of the aforesaid income-tax exemption by excluding therefrom payments made for providing spares, facilities or services in connection with the operation of the leased aircraft. the proposed amendment will take effect from 1st april, 1996, and will, accordingly, apply in relation to asst. yr. 1996-97 and subsequent years." from the above, .....

Namrata Singh and Others Vs. Director General Civil Aviation (DGCA) an ...

Court : Delhi

..... in rule 17 of the second schedule. 11.9 on 28.05.1999, the montreal convention was signed which, led to amendments being made in the 1972 act, with the enactment of the carriage by air (amendment) act, 2009. this enactment received the assent of the president, on 20.03.2009 and was brought into force, on 01.07 ..... in short the committee). the committee, inter alia, held vide its report that: "....the probable cause of the accident could be attributed to the departure of the aircraft from controlled flight due to an external weather related phenomenon, mishandling of controls, spatial disorientation or a combination of the three....". 4.6 this apart there were recommendations ..... by respondent no.3, which was accepted by uicl. reliance in this behalf was placed on the judgement of the national consumer disputes redressal commission dated 19.03.2007, passed in original petition no. 375/1997, in the case titled: orient treasures private ltd. vs united india insurance co. ltd. 8.3 it was further .....

Domier Luftfahrt Gmbh Vs. K.C.V. Airways

Court : Delhi

Reported in : 1996IIIAD(Delhi)699; 63(1996)DLT874; 1996(39)DRJ411

..... 1996, issued in favor of sh. ashok marwaha, who had signed and instituted the plaint. the said power of attorney ratifies all acts done by the said attorney. further that an amendment application i.a. no. 5000/96 had been filed to include the averment that the plaint was being instituted by sh. ashok marwaha, ..... burdening the plaintiff with extra liability. (21) considering the above facts and circumstances, this is a fit case where interim mandatory directions for return of the aircraft to the plaintiff are called for. the plaintiff would otherwise suffer irreparable injury. the balance of convenience is also in favor of the plaintiff. in these circumstances ..... agreement. the lease provides for numerous contingencies, apart from the rental and other charges payable, the terms for maintenance, warranty, replacement of parts, return of aircraft etc are set out in detail. (6) the plaintiff's case in brief is that the defendant has been in persistent and continuous default of its obligations .....

Yashwanth Shenoy vs.the Union of India and Anr.

Court : Delhi

..... conferred by sections 5 and 7 and section 8(2) of the aircraft act, 1934 as well as section 4 of the indian telegraph act, 1885). these rules were notified vide notification no.v- 26 on the 23rd of may, 1937 in supersession of the aircraft rules, 1920. a further amendment thereto has been effected on 13th january, 2015.4. keeping in ..... view the issues pointed out by the petitioner, it is essential to consider the earlier rule 42a of the aircraft rules, ..... 11th august, 2011.22. in view of the above, it is directed as follows : (i) the respondents are bound to comply with rule 42a of the aircraft rules as amended on 16th september, 2016 so far as fatigue management of flight crew and cabin crew members is concerned and to specify the maximum limits of flight time, flight .....

Jet Lite (India) Ltd. and Others Vs. Commissioner of Income Tax-XVI an ...

Court : Delhi

..... the grossed up rate of 122%. 45. it is submitted by the revenue that by way of amendment to section 10 (15a) of the act, the payment for providing spares, facilities or services in connection with the operation of lease aircraft was specifically excluded. prior to 1st april 1996 such payments were exempted and the approval given by the ..... orders passed by the court on 23rd may 2012 and 31st july 2015 the name of the assessee in these appeals stood amended as such. background facts 4. the background to the above appeals is that sahara entered into an aircraft parts lease-purchase agreement ( aplpa') dated 24th august 1993 with aar aviation trading inc. ( aar') in terms ..... . it is noticed that the issue is covered by the decision in cit v. mak japan broadcasting (2007) 305 itr 222 and it is answered in favour of the assessee and against the revenue. this amendment to section 210 of the act with effect from 1st april 2010 provided for an extended limitation period of seven years. however, that .....

Deputy Commissioner of Income Tax Vs. Sahara Airlines Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)96TTJ(Delhi)969

..... the scope of the aforesaid income-tax exemption by excluding therefrom payments made for providing spares, facilities or services in connection with the operation of the leased aircraft. the proposed amendment will take effect from 1st april, 1996, and will, accordingly, apply in relation to asst. yr. 1996-97 and subsequent years.' from the above, ..... inserted and, therefore, it can be said that such rent was connected with the acquisition of aircraft on lease. so, the question that arises is as to what was intended to be excluded by the legislature by amendment made by the finance act, 1995, w.e.f. 1st april, 1996. from the perusal of the memorandum explaining ..... facility or service by the lessor. at this stage, we may like to mention that section 10(15a) of the act, as originally inserted, exempted from taxation the payments made for acquiring the aircraft on lease from government of a foreign state or a foreign enterprise under an agreement approved by the central government. admittedly, .....

Indian Airlines Vs. Angelique International Limited and Anr

Court : Delhi

..... second schedule, being the provisions of the amended convention relating to the rights and liabilities of carriers, passengers, consignors, consignees and other ..... and other persons, shall subject to the provisions of this act, have the force of law in india in relation to any carriage by air to which those rules apply, irrespective of the nationality of the aircraft performing the carriage. 11. similarly, section 4(1) of the act reads as under: 4. application of amended convention to india (1) the rules contained in the .....