Judgment Search Results Home > Cases Phrase: banking service commission act 1984 repealed Court: kolkata Page 27 of about 267 results (0.060 seconds)

Steel Authority of India Ltd. Vs. the Indian Cements Ltd.

Court : Kolkata

..... however, contended, learned judge rightly held that this court had territorial jurisdiction to entertain the application as per section 2(e) of the arbitration and conciliation act, 1996 (hereinafter referred to as the said act of 1996) that would provide for a principal civil court to decide an application under section 34. ..... in the case of indian drugs and pharmaceuticals limited (supra), oil and natural gas commission (supra), inder chand jain (supra) and m/s. v.k. ..... relied upon indian drugs and pharmaceuticals limited (supra), oil and natural gas commission (supra), inder chand jain (supra) and m/s. v.k. ..... decision in the case of union of india vs bhabna engineering (supra), the madhya pradesh high court held that section 14 of the limitation act would not apply in case of an application under section 34 as it would only apply in case of suit. ..... the division bench held that an application under the said act could not be said to be a suit within the meaning of clause 12 of the letters patent and as such leave was ..... this regard, he referred to section 31 of the said act of 1940, particularly sub-section (1), (2), and (3) that would obligate each one to approach the court to file any application under the said act where an award was filed or was likely to be filed ..... ahk earth movers and financial services and ors. ..... state bank of patiala reported in 2005 (supplementary) arbitration law reporter (delhi) page-287 v) engineering projects (india) ltd. ..... all india reporter 1984 calcutta page-24. .....

Sagar Bose Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1996)56ITD561(Kol.)

..... against the purchases were made by the assessee by account payee cheques and the cheque serial number together with the name of the bank were written on the copies of the purchase bills and that the xerox copies of the relevant bank statements were also filed and if the bank officers were examined by the assessing officer the examination would have established the identity, existence as well as the present addresses of the seven ..... that parties are non-existent and secondly, it is nothing but distortion of two positive and cogent evidence without controverting them by producing sufficient evidence.unless thorough enquiry and deep investigation is made from the bank and sales-tax department and logical conclusion is arrived at on the basis of such enquiry and investigation, no adverse inference can be drawn against the assessee.17. ..... the account books of an assessee cannot therefore be rejected and an assessment made under section 13 of the income-tax act, 1922, merely on the ground that the addresses of the assessees are not mentioned in the case of cash transactions.in that case addresses of purchasers were not shown in the case of cash transactions and it was held ..... the assessee has challenged even the service of summons under section 131 contained in four envelops returned with remarks, "not known" on the ground that postal remarks "not known" and "not found" have different meanings and connotations. ..... ) of 1990 for the assessment year 1984-85 in the case of novel project ltd. v. .....

Indian Aluminium Co. Ltd. Vs. Commissioner of Income-tax, West Bengal.

Court : Kolkata

Reported in : [1967]64ITR330(Cal)

..... of this section it will appear that (a) the payee should be non-resident in the taxable territories, (b) the amount payable should be interest not being interest on securities or any other sum chargeable under the provisions of this act, and (c) the person responsible for making the payment should not himself be liable to pay income-tax and super-tax thereon as an agent.on a perusal of the entire section 18, it appears to us that it imposes an obligation upon every ..... it runs as follows :'any person responsible for a paying to a person not resident in the territories any interest not being interest on securities or any other sum chargeable under the provisions of this act shall, at the time of payment, unless he is himself liable to pay any income-tax and super-tax thereon as an agent, deduct income-tax at the maximum rate and super-tax at the rate applicable to a company or in accordance ..... in this case, the facts were that the respondent carried on business as commission agent and supplied goods from india to a non-resident principal who, on his part, sent cotton to the respondent and others for sale in india. ..... , montreal (canada), the latter agreed to provide the assessee from time to time with technical information, engineering service and advice regarding development for an annual retainer fee. ..... nainital bank ltd. mr. ..... , associated banking corporation of india ltd. v. .....

State of West Bengal Vs. Pam Developments Private Limited

Court : Kolkata

..... whether any amount awarded by an arbitrator on account of damages in respect of a head of claim covered by a prohibitory or no-damage clause in the agreement would be liable to be set aside in a challenge under section 34 of the 1996 act as being contrary to the substantive law in force in india or as being in conflict with the public policy of india or on the ground of it being patently illegal or falling foul of the judicially acknowledged tests of perversity or ..... mistake and may rule against the applicability of a prohibitory clause in a particular set of circumstances; but that, by itself, would not be amenable to correction by a court in a challenge under section 34 of the 1996 act, unless it is found to be in conflict with the public policy of india or, under the newly incorporated section 34(2-a) on the ground of patent illegality or the judicially acknowledged strict grounds of perversity or shocking to ..... the parties whereunder the contractor has undertaken not to make any claim for delay in performance of the contract occasioned by an act of the employer, still a claim would be entertainable in one of the following situations: (i) if the contractor repudiates the contract exercising his right to do so under section 55 of the contract act, (ii) the employer gives an extension of time either by entering into supplemental agreement or by making it clear that ..... of the impugned judgment on loss of profit and the dictum in the judgment reported at (1984) 4 scc59(a. t .....

Himadri Chemicals and Industries Ltd Vs. Steel Authority of India Ltd. ...

Court : Kolkata

..... to discharge his obligations or is found to have left his last known address without intimation and is untraceable for quite some time or has been detained for custodial interrogation for a substantial period of time for commission of an offence and there is uncertainty regarding his release from custody, and the court is of the opinion that the arbitrator has acquired de facto inability and hence cannot ..... legal question that first arises for consideration on this revisional application is whether a party to an arbitral dispute is entitled in law to seek an order from the court by approaching it under section 14 of the act that the mandate of the arbitrator has terminated because of his de jure and/or de facto disqualification to continue as such, despite pendency of an application filed by it under sections 12 and 13 thereof before the ..... the petitioner being at fault for delaying a decision on such application cannot midway turn around and decide not to pursue the challenge application, and then prefer an independent application under section 14 of the act before the court, basically on the same ground raised in the former, urging that de jure inability of the arbitrator disqualifies him to continue proceedings. ..... not too long ago, the supreme court upheld removal from service of a judicial officer on the ground that he did not prepare judgments on his own but used to get them prepared through somebody else before delivering judgments [see ajit ..... reported in air 1984 kerala 23; 2 .....

……………plaintiff Vs. Reckitt Benckiser (India) Ltd.

Court : Kolkata

..... (1) nothing in section 29 shall be construed as preventing the use of a registered trade mark by any person for the purposes of identifying goods or services as those of the proprietor provided the use (a) is in accordance with honest practices in industrial or commercial matters.and (b) is not such as to take unfair advantage of or be detrimental to the distinctive character or repute ..... ltd.versus m.r.t.p.commission and another reported in air 198.sc 169.the case was under the monopolies and restrictive trade practices act. ..... defence of truth or justification in the law of defamation, is not available in actions alleging disparagement of goods and services and arising out of comparative commercial advertisements, in my opinion. ..... (see 307barclays bank plc versus rbs advanta reported in [1996].r.p.c.307) a trader may be allowed to compare his product with that of another ..... the publication and circulation of news papers.this court in indian express newspaper s case manu/sc/0340/1984: [1986].159 itr 85. ..... be taken seriously, although ordinarily an amount of hyperbole is to be expected in the description of goods, properties and services in an advertisement. ..... 30 of the trade marks act, 1999, as conceived by ..... section 29 (1) of the act dealing with infringement, inter alia, stipulates that when a registered mark is used by a person not entitled to the use thereof, he infringes that mark.s.29 (8) provides that it is infringed by advertising if it is unfair or dishonest or detrimental to .....

imperial Chemical Industries Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1986)19ITD275(Kol.)

..... it has been held that the payment made by the indian concern to the non-resident company between which there was a subsisting agreement amounted to royalty even though it is called 'commission'.then, he took us through the cases wherein it has been held that technical fees or royalty are taxable in india if the patent or the technical know-how is commercially exploited ..... record to suggest that pgc was a mere agent or stooge or conduit pipe acting for or on behalf of the assessee, or that the agreement dated 24-4-1965 was a mere eye-wash.whatever might be the obligations of the assessee envisaged under the agreement dated 1-1-1964, in point of fact, the assessee has not rendered any services whatsoever in india and this fact has not been controverted by the revenue. ..... company under which the foreign company lent some personnel for carrying out the business activities of the indian company in india and the question was as to at which place the services were rendered by the non-resident company so that that place would become the place of accrual of the income. ..... the assessments for the five years under consideration were completed under section 143(3) of the income-tax act, 1961 ('the act') on different dates on the basis of the returns filed by the assessee.subsequently, these assessments were reopened under section 147(a) of the act on the ground that certain incomes chargeable to tax had escaped assessment due to the omission of the assessee to disclose fully and truly ..... [1984] .....