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Chief Engineer of B.P.D.P./R.E.O., Ranchi Vs. Scoot Wilson Kirpatrick ...

Court : Supreme Court of India

Reported in : 2006(4)ARBLR241(SC); 2007(1)AWC555(SC); [2007(2)JCR271(SC)]; 2006(11)SCALE644

..... or, there may be an agreement suffering from such vagueness or uncertainty as is not capable of being construed at all by culling out the intention of the parties with certainty, even by reference to the provisions of the arbitration act, then it shall have to be held that there was no agreement between the parties in the eye of law and the question of appointing an arbitrator or making a reference or disputes by reference to sections 8, 9 and 20 shall not ..... the court observed that because of the applicability of section 5 of the limitation act, 1963, if the court has not pronounced judgment for whatever reason, although the time prescribed for making the application has expired and an application for setting aside the award is made with a prayer for ..... in that decision it was held that in respect of 'sufficient cause cases' the provisions of section 34(3) of the act which are special provisions relating to condonation of delay override the general provisions of the section 5 of the limitation act, 1963 (in short 'limitation act'). ..... appealable orders: '(1) an appeal shall lie from the following orders passed under this act (and from no others) to the court authorized by law to hear appeal from original decrees of the court passing the order: an order:xxx xxx xxx xxx(vi) setting aside or refusing to set aside an award. ..... hasten to add that mere inaction by a party called upon by the other one to act does not lead to an inference as to implied consent or acquiescence being drawn. .....

State of KarnatakA. Vs. Azad Coach Builders Pvt. Ltd. and anr.

Court : Supreme Court of India

..... falls for consideration in this case is whether an assessee (local manufacturer) is eligible to get exemption under sub-section (3) of section 5 of the central sales tax act, 1956 (for short `cst act'), if the penultimate sale effected in favour of the exporter is inextricably connected with the export of goods outside the territory of india.2. ..... it is, therefore, proposed to amend, with effect from the beginning of the current financial year, section 5 of the central sales tax act to provide that the last sale or purchase of any goods preceding the sale or purchase occasioning export of those goods out of the territory of india shall also be deemed to be in the course of such export if such ..... when we analyze all these decisions in the light of the statement of objects and reasons of the amending act 103 of 1976 and on the interpretation placed on section 5(3) of the cst act, the following principles emerge:- to constitute a sale in the course of export there must be an intention on the part of both the buyer and the seller to export; - there must be obligation to export, and there must be ..... whether the purchase of african raw cashew nuts made by the assessees from cci was in the course of import and, therefore immune from liability to tax under kerala general sales tax act, 1963. ..... cashew nuts made by the assessees from the cashew corporation of india (for short 'cci') are in the course of import and, therefore immune from liability to tax under kerala general sales tax act, 1963. .....

Uniworth Textiles Ltd. Through Its General Manager Vs. Commissioner of ...

Court : Mumbai

Reported in : 2009(1)BomCR848; 2009(236)ELT464(Bom)

..... it was submitted that the logic of section 5 of the indian limitation act, 1963 (in short the 'limitation act') can be availed for condonation of delay. ..... the submission is, therefore, that considering the scheme and purpose of the act and specially provisions of section 35, which would be extended to other provisions of appeal like section 35b in question. ..... the appeal was filed under section 35(b) of the central excise act, 1944 (for short 'act'). ..... therefore, the facet of 'sufficient cause' of the limitation act applies. ..... it is clear interpretation of that section, which cannot be extended to section 35b of the act.7. ..... the present section nowhere provides any such strict provision as provided in section 35 of the act. ..... therefore, there is complete exclusion of section 5 of the limitation act. .....

Ratilal Son of Jivanbhai Lalji Vs. Kuvarben Wd/O Chabildas Patel and o ...

Court : Mumbai

Reported in : 2009(2)BomCR124; 2008(111)BomLR89

..... therefore, the limitation of 30 days from the date of decree and/or from the date of knowledge of decree, in the present facts and circumstances of the case, as contemplated under article 123 of the limitation act, 1963 need to be considered in favour of the petitioner. .....

Atamjit Singh Vs. Commissioner of Income-tax

Court : Karnataka

Reported in : (2001)166CTR(Kar)414; [2001]247ITR356(KAR); [2001]247ITR356(Karn); [2001]114TAXMAN120(Kar)

..... in fact the clarification is similar to section 4 of the limitation act, 1963, which provides for the suit to be filed on the reopening day where the prescribed period expires on a day when the court is closed. ..... the said clarification contained in the board's circular dated september 5, 1998, issued under section 119 of the income-tax act, has nothing to do with condoning delay on the ground of hardship or other reason, for non-payment within the time specified.17. ..... it provides for filing of a declaration in respect of any undisclosed income chargeable to tax under the income-tax act (as enumerated in subsection (1) of section ,64) in the manner provided in section 65, between july 1, 1997, and december 31, 1997.3. ..... the voluntary disclosure of income scheme, 1997 (in short 'the scheme'), introduced by chapter iv of the finance act, 1997 ('the act' for short), was in force between july 1, 1997, and december 31, 1997. ..... the relevant provisions of the scheme are :section 64 of the act relates to charge of tax on voluntarily disclosed income. ..... under that section, the board has power, inter alia, to tone down the rigour of the law and ensure fair enforcement of the provisions of the act, by issuing circulars. ..... the said circular is issued under section 119 of the income-tax act. ..... your attention is invited to the provisions of section 67 of the said act. ..... nor did she pay the tax within three months from the date of filing the declaration with interest as provided in section 67(1) of the act. .....

Shivnandan Gosai Vs. Mangal Prasad Gupta

Court : Chhattisgarh

Reported in : 2006(1)MPHT58(CG)

..... respect to the method and manner of exercising that jurisdiction will hear the second appeal, and the period of limitation prescribed for hearing of appeals under the code of civil procedure in article 116 of limitation act, 1963 would also be applicable in case of appeals filed under section 32 of the ..... this analogy laid down by the apex court about maintainability of letters patent appeal against the judgment of the trade marks act by the single judge is based upon the logic that once the high court exercises its appellate jurisdiction conferred under a particular act and the act says nothing contrary to the general appellate jurisdiction exercised by the high court, the high court has to exercise its jurisdiction in the same manner ..... the apex court while dealing a matter about maintainability of the letters patent appeal in the matters of trade marks act (1940) after disposal of the first appeal by the high court determined that since the provision of trade marks act provides for an appeal to the high court and nothing more, then a letters patent appeal would lie against the judgment of the high court because of there being nothing to the contrary ..... , does not prescribe a period of limitation for filing a second appeal under section 32 of the said act before the high court and the act says nothing more about jurisdiction of the high court, then the high court, according to the rules of practice and procedure of the court and in accordance with the provision of the charter under .....

Sri-la-sri Sivaprakasa Pandara Sannadhi Avargal Vs. Smt. T. Parvathi A ...

Court : Supreme Court of India

Reported in : 1998(1)CTC585; 1998(3)SCALE274; [1996]2SCR917

..... the plea of exclusion of the civil court's jurisdiction to adjudicate the title of the parties in the present case is based on the provisions of the tamil nadu minor inam (abolition and conversion into ryotwari) act, 1963. ..... this is a direct decision of this court on the provisions of the act with which we are concerned in the present case. ..... manickanaicker, this decision relating to the provisions in the andhra pradesh act was considered and distinguished. ..... it is sufficient to observe that this decision relates to the provisions under a different act of andhra pradesh. ..... elumalainaicker, : [1995]3scr217 , has clearly held that the civil court's jurisdiction to adjudicate title to the parties, is not barred by virtue of the provisions of the said act. .....

Jagan Nath Vs. Jagdish Rai and ors.

Court : Supreme Court of India

Reported in : 1998IVAD(SC)692; AIR1998SC2028; 1998(2)BLJR1078; JT1998(3)SC551; (1998)119PLR533; 1998(3)SCALE275; (1998)5SCC537

..... feroze shah air 1932 pc 228 wherein it was observed with reference to the very same question arising under section 27(b) of the earlier specific relief act of 1877 that 'it is not necessary to enter upon a discussion of the question of onus where the whole of the evidence in the case is before the court and it has no difficulty in arriving at a conclusion in respect thereof. ..... section 19 of the specific relief act, 1963 lays down that, 'except as otherwise provided by this chapter, specific performance of a contract may be enforced against - (a) either party thereto; (b) any other person claiming under him by a title arising subsequently to the contract, except a transferee ..... in the case of (sic) the privy council relying upon earlier section 27 of the specific relief act of 1877 which is in pari materia with section 19(1)(b) of the present act, made the following pertinent observations at page 70 of the report in this connection:'section 27 lays down a general rule that the original contract may be specifically enforced against a subsequent transferee, but allows an exception to that general .....

Sri Veera Hanuman Rice and Flour Mill and anr. Vs. State Bank of India ...

Court : Supreme Court of India

Reported in : JT2000(6)SC219; 2000(4)SCALE260; (2000)5SCC248; 2000(2)LC929(SC); (2000)3UPLBEC2022

..... passing a final decree in case of default on the part of the judgment-debtors on or before 31.12.91, but actually filed an application on 27.7.94 for passing a final decree invoking order 34 rule 5, cpc, along with an application under section 5 of the limitation act, 1963 seeking for the condonation of delay of 714 days. ..... while dealing with the application for condonation of delay under section 5 of the limitation act made in la. no. .....

The Federation of Andhra Pradesh Chambers of Commerce and Industry and ...

Court : Supreme Court of India

Reported in : AIR2000SC2905; (2001)165CTR(SC)672; JT2000(8)SC516; 2000(5)SCALE442; (2000)6SCC550; [2000]Supp2SCR151

..... a bench of five judges of the andhra pradesh high court interpreted the word 'used' in the andhra pradesh non-agricultural lands assessment act, 1963 ('the said act') to mean 'non-agricultural lands not only 'actually used' but are ' meant to be used' or 'set apart for being used' ..... we are in no doubt whatever, therefore, that it is only land which is actually in use for an industrial purpose as defined in the said act that can be assessed to non-agricultural assessment at the rate specified for land used for industrial purposes. ..... having regard to the fact that the said act is a taxing statute, no court is justified in imputing to the legislature an intention that it has not clearly expressed in the language it has employed.10 ..... in the classic passage from cape brandy syndicate, which was noticed in the judgment under appeal, it was said:in a taxing act one has to look merely at what is clearly said. ..... section 3 of the said act speaks of 'land is used for any industrial purpose', 'land is used for any commercial purpose' and 'land is used for any other non-agricultural purpose' ..... section 3 of the said act is the charging section and, so far as it is relevant, reads thus:3 ..... the said act was enacted to provide for the levy of assessment on lands used for non-agricultural purposes ..... was adopted, non-agricultural lands not only actually used for industrial purposes but those meant to be so used or set apart for being so used were also liable to assessment as such under the said act. .....