Judgment Search Results Home > Cases Phrase: bombay entertainments duty second amendment act 2010 maharashtra Court: kolkata Page 6 of about 63 results (0.173 seconds)

Simplex Infrastructures Ltd. Vs. Commissioner of Service Tax, Kolkata

Court : Kolkata

..... hyderabad versus chemphar drugs and liniments, hyderabad reported in (1989) 2 scc127 the supreme court held:- in order to make the demand for duty sustainable beyond a period of 6 months and up to a period of 5 years in view of the proviso to sub-section (1) of section 11a of the act, it has to be established that the duty of excise has not been levied or paid or short-levied or short-paid or erroneously refunded by reasons of either fraud or collusion or ..... -state of maharashtra reported in 2007 (207 elt168 wherein it was observed that although ordinarily a writ court may not exercise its discretionary jurisdiction in entertaining a writ petition questioning a notice to show cause unless the same, inter alia, appears to have been issued without jurisdiction, the question has to be ..... to above, is that mere failure to disclose a transaction and pay tax thereon or a mere misstatement or mere contravention of the central excise act or the finance act, 1994, as amended, or of any rules framed thereunder, is not sufficient for invocation of the extended period of limitation. ..... by the finance act, 1994 act is wholly incorrect as it ignores the second gannon dunkerley decision ..... -union of india reported in 1993 (68) elt27 a division bench of the bombay high court allowed the petition for quashing the show cause notice as the department had no explanation as to why the adjudication ..... -turbotech precision engineering pvt.ltd.reported in 2010 (18) str545and a decision of the division bench .....

Isha Distribution House Private Limited Vs. Aditya Birla Nuvo Limited ...

Court : Kolkata

..... nothing to do with the plaintiff s cause of action or the transactions between the parties, the plaintiff seeks to present a case that it had only a choice of either suing the first defendant at its registered office, which is now in maharashtra, or, by virtue of clause 12 of the letters patent, in this court on the basis of the first defendant having an office within this jurisdiction since, unlike section 20 of the code, the first defendant s office within the jurisdiction of ..... the jurisdiction of the courts under the arbitration act to entertain a proceeding for filing an award is accordingly governed by the provisions of the code of civil procedure ..... the first of the two documents at annexure i to the plaintiff s injunction application pertains to the extension of the distributorship agreement of may 21, 2008 by a letter dated march 5, 2010 that was issued by the first defendant from its said bangalore office. ..... curiously, both letters of the first defendant which form annexures a and b to the plaintiff s affidavit-in-opposition had been issued from the first defendant s office in doddakondi village in bangalore, which was also indicated in the second of the documents to be the billing name & address . ..... enclosed the revised pricing for this distributor agreement (amendment for annexure i). ..... any event the respondents have their principal office in bombay and they were liable in respect of a cause of action arising under the terms of the tender to be sued in the courts at bombay. .....

The Ld. Registrar General, High Court, Calcutta Vs. Smt. Ananya Bandyo ...

Court : Kolkata

..... held that everything which is required to be prescribed has to be prescribed with precision and no argument can be entertained that something not prescribed can yet be taken into account as varying what is prescribed ..... . within time, rather by causing influence upon and in connivance with the then bench clerk or some others attached to that court, you have done serious dereliction of duties by handling all those case records exceeding your jurisdiction nonetheless of delivery of charge of the court of additional district judge, siliguri, 1st court by you are unbecoming ..... time, rather by causing influence upon and in connivance with the then bench clerk or some others attached to that court, you have done serious dereliction of duties by handling all those case records exceeding your jurisdiction nonetheless of delivery of charge of the court of additional district judge, siliguri, 1st court by you are unbecoming ..... advocate, siliguri bar association has alleged that your acts and activities and mode of passing of judgments/ orders have caused severe injustice to the litigants as most of them have lost their right of appeal within stipulated time and that has caused serious dereliction of duties as judicial officer and thereby your conduct is of unbecoming ..... . state of maharashtra it ..... case numbers macc no.91 of 2010 sessions case no.53(9) of2010date of judgment 18.5.13 18.5.13 ..... the second charge, replicated from the vitiated ..... been explained by the supreme court in state of bombay vs .....

Appellant Vs. Respondent

Court : Kolkata

..... edition of 2010, page-601: (i) justification (truth), (ii) fair comment, (iii) privilege, which may be (a) absolute or (b) qualified and (iv) offer of amends under the defamation act, 1996. ..... question for consideration of the court is whether the allegations made by defendant lipi in paragraph 10 of the written statement filed in connection with title suit no.9 of 2012 are defamatory in nature and the second question for consideration of the court is whether the alleged defamatory statements of the defendant lipi were published i.e. ..... above pleadings the issues framed by the court are recast as follows: (i) has this court territorial jurisdiction to entertain and try the suit?. ..... sengupta has relied on the decisions reported in 198(2013)dlt35 air1918all 69, air1985ker 233 and 2010(1) chn191in support of his contention that the statements made by the defendant lipi in paragraph 10 of the written statement in connection with title suit no.9 of 2012 are covered by absolute privilege and as such the suit for ..... have adduced evidence i would like to decide these issues in spite of holding that this court has no territorial jurisdiction to entertain the suit.10. ..... raised against admissibility of those documents was turned down by the supreme court by holding that the said reports are prepared by the public officers in discharge of official duty and the same are relevant and admissible under section 35 of the evidence act without examinaing those police officers . ..... express newspapers (bombay) pvt. .....

Coal India Limited Versu Anadian Commercial Corporation

Court : Kolkata

..... of the country where the arbitration took place and the law of the country in which the award was made, it is possible to see that, by virtue of the first part of the second limb of sub-clause (e), proceedings for annulment or suspension of an award can be carried to a competent authority of the country in which that award was made where it would be assessed under ..... there is an express choice of indian law, competent indian courts can entertain applications for setting aside under section 34 at paragraph 83 of the report, the judgment cannot be seen as an authority for the proposition that section 48 of the 1996 act or the related provisions in the first chapter of part i of the 1996 act confer any right on an award-debtor under an award governed by ..... court went on to hold, at paragraph 89 of the report, that if the arbitration act, 1940 was held to be a self-contained code, on matters pertaining to arbitration, the arbitration and conciliation act, 1996, which consolidates, amends and designs the law relating to arbitration to bring it, as much as possible, in ..... judge of the bombay high court expressed the view that a petition under section 34 of the 1996 act could not ..... , to govern various matters addressed in the english arbitration act, 1996, including questions relating to the appointment and revocation of the authority of the arbitral tribunal, the powers and duties of the tribunal and remedies for breach of duty, and any challenges to the award. ..... maharashtra krishna valley .....

The Tinplate Company of India Ltd. Vs. Owners and Parties Interested i ...

Court : Kolkata

..... to pay such court fees not since firstly, the claim of the defendants in respect of detention charges has long been barred by limitation and secondly, if such court fees are allowed to be paid by the defendants, then the plaintiff will be deprived of its valuable right which had accrued ..... act, the legislature has made it specifically clear that for the purpose of limitation, a counterclaim shall be held to be introduced for the firs.time when the counterclaim is made in court, namely on the date on which the counterclaim is made in court .in view of the above provisions, naturally, an application for amendment of the written statement for introducing a counterclaim for the firs.time cannot be entertained ..... said enough in order to satisfy my conscience that if the defendants are allowed to proceed with their counterclaim as made in the written statement, the defendants will be under a duty to prove their claim in respect of detention charges which the defendants in fact have asserted in their written statement to be wholly meritorious, and i am not going to ..... known whether it is reported or not) delivered on 13 july 2010, i had the occasion to deal with an application by which the defendant wanted to introduce a counter-claim for the firs.time in 2010 although the suit was instituted way back in the year 1990 and ..... view of the division bench of the bombay high court that a written statement which contained a counterclaim could validly be entertained by the court without there being a .....

Dipak Kumar Lahiri @ D. K. Lahiri Vs. National Insurance Company Limit ...

Court : Kolkata

..... 1995, in exercise of the powers conferred under rule 26 of the general insurance (conduct, discipline & appeal) rules, 1975 as amended up to date (hereinafter referred to as the said rules, 1975) read with paragraphs 44 and 47 of the general insurance (employees ) pension scheme, 1995 as amended up to date (hereinafter referred to as the said scheme, 1995) imposing major penalty of permanent withdrawal of pension against the appellant, ..... prima facie finding of a person enjoying monthly pension under the said scheme, 1995 guilty of grave misconduct, it should be the duty of the competent authority, before passing an order, to follow the procedure specified in the said rules, 1975. ..... decisions of forage and company s versus municipal corporation of greater bombay, reported in air2000sc378 frick india ltd.versus union of india, ..... aher versus state of maharashtra, reported in (2007) 1 scc445 national insurance company ltd.versus general insurance development officers association, reported in (2008) 5 scc472 kishan prakash sharma versus union ..... against a judgment dated may 14, 2010 passed in the matter of dipak ..... kumar srivastava (supra) the interference of the employees in the matter of rationalisation of the provisions embodied in the general insurance business (notification) act, 1997 was under consideration. ..... it is the second contention of mr.dhar that the pre-condition of consultation with the board of the respondent no.1 before passing the final order dated october 31, 2005, as provided .....

Food Corporation of India Officers' Association and Anr. Vs. Union of ...

Court : Kolkata

Reported in : (2004)1CALLT378(HC)

..... from the issuance of the first communication or a notice, culminating in the passing of the final order, arise or take place at a location outside the territorial jurisdiction of this court, this court will still have the jurisdiction to entertain the writ petition only because of the fact that the school, which is the subject matter of such proceedings or action is located in the territory subject to the jurisdiction of this court. ..... mukherjee placing reliance on the above decision submitted that after the amendment of article 226 of the constitution and after the introduction of article 226(2) if a part of cause of action arises within the limit of any court, that court has jurisdiction to hear out the case. mr ..... in our opinion, it has been rightly observed by the learned judge that the effect felt at a place of business of the petitioners by reason of imposition of duty levied on the petitioners' tea, is far to remote and incidental to constitute a part of the cause of action. ..... kapoor submitted that the matter was moved without notice to the union of india and order obtained ex parte and secondly, this high court has no jurisdiction to hear out the matter.10. mr. ..... state of maharashtra and ors.). ..... learned metropolitan magistrate, 28th court at bombay and ors. ..... all parties to act on a sign xerox copy of the minutes of this order on usual undertaking ..... that case, the petitioners challenged the notifications under item 3(1) of the first schedule, to the central excise and salt act, 1944. .....

icici Bank Ltd. Vs. Dunlop India Ltd. and ors.

Court : Kolkata

..... 2012 supreme court page-114 (municipal corporation of delhi versus association of victims of uphaar tragedy) and reported in 2009 volume- x supreme court cases page-123 (maharashtra state cooperative bank limited versus assistant provident fund commissioner and others).mr.ratnanko banerjee learned counsel appearing for the appellant in icici bank appeal contended, the loan was given ..... the learned judge did not adjudicate the claims of the creditors that would be pre-requisite for entertaining a winding up proceeding at the instance of the unsecured creditors.mr.sengupta would also say, the petitioning creditor in whose petition the order ..... that the factory at sahaganj is reopened and/or restarted as soon as possible to provide employment to all the workers either under the official liquidator acting as a provisional liquidator or as official liquidator if the company is directed to be wound up upon such terms and conditions as to this hon ..... in the case of bharat petroleum (supra).the bombay high court considered the earlier decision of the apex court in the case of madhusudan gordhandas (supra) and observed, the company ..... subsequently on an application for amendment being made rs.2.02 crores was kept out of ..... victoria memorial hall versus howrah ganatantrik nagrik samity and others reported in 2010 volume-iii supreme court cases page-732. ..... , yet he did not want winding up as it would not enure to the benefit of the body of creditors.the erstwhile company preferred the second appeal. .....

Steel Authority of India Limited Vs. Pilani Investment and Industries ...

Court : Kolkata

..... with the trial of the suit, if firstly, the mater in issue in the suit is also directly and substantially in issue in a previously instituted suit between the same parties, or their privies; secondly, the previously instituted suit is pending in the same court in which the subsequent suit is brought, or in any other court in india (whether superior, inferior or co-ordinate), or in any court ..... 10 of the code of civil procedure is to prevent the courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations in respect of the same cause of action, the same subject ..... , as his lordship then was, held that the principal matter in issue in the calcutta suit is directly and substantially in issue in the bombay suit, which is a suit previously instituted and that an unnecessary duplication of proceedings with the possibility of conflicting decisions being rendered would occur, ..... the agreement for sale; iii) none of the receipts relied upon by the defendant reflects any intention of delivery of possession/construction possession; iv) in view of amendment in the stamp act and regulation act, a plea of post peformance in absence of a registered document is not tenable. ..... civil procedure are entirely different while in the former the high court is exercising a power to withdraw and transfer in the later, the court is under a duty to stay the later suit in the event it fulfils the criterian of section 10 of the code of civil procedure. ..... maharashtra .....