Court : Supreme Court of India
..... e101 the group of companies doctrine was developed by international arbitral tribunals specifically in the context of arbitration, and is not generally used in other areas of law.94 although the existence of a group of companies is a necessary condition, it is not the sufficient condition to determine the intention of the parties. ..... signatory can be impleaded in an arbitration proceeding provided: (i) there is a defined legal relationship between the non-signatory and the parties to the arbitration agreement; and (ii) the non-signatory consented to be bound by the arbitration agreement in terms of section 7 of the arbitration act; b. ..... similarly, the mere fact that the two companies have common shareholders or a common board of directors will not constitute a sufficient ground to conclude that they are a single ..... in that case, the facts were that canbank financial services ltd19, a 18 (2019) 7 scc6219 canfina 27 part c wholly owned subsidiary of canara bank, subscribed to the bonds ..... saudi arabian saipem ltd, unpublished icc interim award of 25 october 1994, confirmed by dft on 29 january 1996, asa bulletin (1996) vol ..... the purposes of this section, it is immaterial whether or not any fees are attached to the office referred to in explanation i or whether or not such office is attached to a ..... a suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious .....
Tag this Judgment!Court : Supreme Court of India
..... section 75 of the customs act, section 37 of the central excise act and section 93a read with section 94 of the finance act, 1994, the central government has made a set of rules called the customs, central excise duties and service ..... development and regulation) act, 1992 (briefly the 1992 act hereinafter) is an act to provide for the development and regulation of foreign trade by facilitating imports into and augmenting exports from india and ..... it was, therefore, clarified that all such directly supplied items, whether imported or indigenous, and used in the projects, the condition manufactured in india , a pre-requisite for grant of deemed export benefit, was satisfied in view of the fact that such ..... officer of customs may combine one or more claims for the purpose of payment of drawback and interest, if any, as well as adjustment of 19 any amount of drawback and interest already paid and ..... section 27a of the customs act, the central board of excise and customs had issued notification bearing no.32/1995 (nt)-customs dated 26.05.1995 fixing the rate of interest at fifteen percent for the purposes of section 27a of the customs act ..... and therefore, it was entitled to interest from the relevant date at the rate of fifteen percent in terms of the notification no.22/95 dated 29.05.1995 (we may mention that the respondent had placed reliance on the aforesaid notification which fixed interest at the rate of fifteen percent for delayed refund of duty under section 11bb of the central excise act) .....
Tag this Judgment!Court : Karnataka
..... the official gazette, direct that any power exercisable by it under this act (other than the powers under sections 3, 5, 15, 16 and19) may also be exercised, in such cases and subject to such conditions, by the director general or such other officer subordinate to the director general, as may be specified in the ..... also refer to the return filed by the petitioner under section 70 of the finance act, 1994 read with rule 7 of the service tax rules, 1994 i.e form st-3 (revised) wherein the petitioner has ..... 12044 of 2021 seis scheme as ultra vires the provisions of foreign trade policy 2015-2020 issued under the provisions of foreign trade (development and regulation) act 1992; b) issue a writ of certiorari or any other appropriate writ or direction declaring the policy circular bearing no.06/2018 dated 22.05.2018 enclosed as annexure-a and the impugned policy circular bearing no.08/2018 dated 21.06.2018 enclosed as annexure b both issued by third respondent as violative of articles 14/19/ ..... capacity as ex-officio additional secretary to the government of india and had authenticated the same cannot be accepted; in the instant case, the dgft has issued aforesaid public notice dated 14.06.2022 which makes it evident that the decision was taken by dgft while amending para 2 of public notice dated 24.05.2022 while incorporating amongst others condition x therein, in terms of para1.03 and 2.04 of ftp, whereby dgft can only amend ..... and 2nd respondent is the central board for indirect taxes and .....
Tag this Judgment!Court : Karnataka
..... the official gazette, direct that any power exercisable by it under this act (other than the powers under sections 3, 5, 15, 16 and19) may also be exercised, in such cases and subject to such conditions, by the director general or such other officer subordinate to the director general, as may be specified in the ..... also refer to the return filed by the petitioner under section 70 of the finance act, 1994 read with rule 7 of the service tax rules, 1994 i.e form st-3 (revised) wherein the petitioner has ..... 12044 of 2021 seis scheme as ultra vires the provisions of foreign trade policy 2015-2020 issued under the provisions of foreign trade (development and regulation) act 1992; b) issue a writ of certiorari or any other appropriate writ or direction declaring the policy circular bearing no.06/2018 dated 22.05.2018 enclosed as annexure-a and the impugned policy circular bearing no.08/2018 dated 21.06.2018 enclosed as annexure b both issued by third respondent as violative of articles 14/19/ ..... capacity as ex-officio additional secretary to the government of india and had authenticated the same cannot be accepted; in the instant case, the dgft has issued aforesaid public notice dated 14.06.2022 which makes it evident that the decision was taken by dgft while amending para 2 of public notice dated 24.05.2022 while incorporating amongst others condition x therein, in terms of para1.03 and 2.04 of ftp, whereby dgft can only amend ..... and 2nd respondent is the central board for indirect taxes and .....
Tag this Judgment!Court : Supreme Court of India
..... and ayurvedic, sidha and unani drugs as defined in clauses (a) and (h) of section 3 of the drugs and cosmetics act, 1940 (23 of 1940) and rules made thereunder; (iii) does not claim to cure or mitigate any specific disease, disorder or condition (except for certain health benefit or such promotion claims) as may be permitted by the regulations made under this act ..... development and ecology was reiterated by this court in karnataka industrial areas development board ..... connection with the granting of approval under rules 8 to 11 above, terms and conditions shall be stipulated, including terms and conditions as to the control to be excercised by the applicant, supervision, restriction on use, the layout of the enterprise and as to the submission of information to the state biotechnology co-ordination committee ..... and substances as are likely to cause environmental pollution; (x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution; (xi) establishment or recognition of environmental laboratories and ..... of materials by biological agents to produce goods and services; (ii) x x x (iii) gene technology means the application of the gene technique called genetic engineering, include self cloning and deletion as well as cell hybridisation; (iv) ..... 1994 .....
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