Court : Delhi
..... not mean that the omp (comm.) no.30/2018 page 13 the contract by contract came to an end. the contract was not abrogated but was amended whereby the date of shipment was changed. it was also stipulated, as already noticed, that delay will entail the consequence of the claimant having to pay liquidated ..... as to benefit from the falling international prices. 12. on 22nd december, 2011, the department of fertilizers issued a nomination message addressed inter-alia to the commissioner customs, kandla port, inter alia informing that the value of cargo was usd44450 pmt. it also appointed m/s rashtriya chemicals and fertilizers ltd. (rcf) mumbai as ..... the preliminary objection of the respondent, about the legality of the reference and maintainability of the arbitration proceedings based on the provision of section 230 of the contract act, is without merit and have, therefore, rejected the same. in the written submissions of the... respondents, it has been fairly stated that the respondent exercised .....
Tag this Judgment!Court : Delhi
..... , would be compromised if refund is provided even in cases where ab initio exemption is available. (iii)(b) the 2013 amendment notification provided for what was already incorporated in chapter 6 of the ftp20092014, which is, that ab initio exemption would be ..... could not have been declined. in support of this submission, reliance was placed on the following judgments: a) hcl ltd. vs. collector of customs, 2001 (130) e.l.t. 405 (s.c.); and b) share medical care v. union of india, 2007 (209) e.l ..... was eligible to seek refund of ted, being one of the benefits available under ftp20092014. ii) that, the supplies made from domestic tariff area (dta) to eou is treated as deemed exports, can be gathered upon a perusal of the provisions of paragraph 6.11 ..... .2013 on the ground that these were not appealable orders under section 15(1) of foreign trade (development and regulation) act, 1992 ( 1992 act ). w.p.(c) no.6151/2016 page 13 of 22 vi) against this decision the petitioner preferred a writ petition .....
Tag this Judgment!Court : Delhi
..... equivalent to 7.5% deposited by them for preferring an appeal to the first appellate authority. on reading of provisions of pre-deposits under central excise act, 1944 and customs act, if an assessee or importer wishes to exercise his statutory right of second appeal, then the said exercise of right it needs to be considered as ..... as under:-" 2. quantum of pre-deposit in terms of section 35f of central excise act, 1944 and section 129e of the customs act, 1962:2. 1 doubts have been expressed with regard to the amount to be deposited in terms of the amended provisions while filing appeal against the order of commissioner (appeals) before the cestat. sub-section ..... (iii) of section 35f of the central excise act, 1944 and section 129e of the customs act, 1962 stipulate payment of 10% of the duty or penalty payable in .....
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..... have been situated in india, if the share or interest derives, directly or indirectly, its value substantially from the assets located in india . the 2012 amendment also clarified that the term transfer includes and shall be deemed to have always included disposing of or parting with an asset or any interest therein, ..... obligations in the dealings of organised peoples with one another;"94. the aforesaid article recently came up for interpretation before the indian supreme court in commissioner of customs, bangalore vs. g.m. exports and ors., (2016) 1 scc91wherein it has held as under:-""23. a conspectus of the aforesaid authorities would lead ..... and access to the privileged club of elite international arbitrators.40. unbridled criticisms of how arbitrators are invariably profit-driven and biased, or that they always act strategically so as to be repeat players, are undoubtedly overstated. however, it is undeniable that the typical conditions that assure impartiality in the judicial sphere .....
Tag this Judgment!Court : Delhi
..... prasad singh versus chairman, bihar legislative council, (2004) 8 scc747 8. in kihoto case, the constitution bench was dealing with the validity of constitution 52nd amendment act, 1985 by which paragraphs were added to tenth schedule as a declaration that decision of the speaker/chairman shall be final and no court shall have any ..... the gauhati municipal board, gauhati, air1967sc1398and state bank of patiala versus mahendra kumar singhal, 1994 supp (2) scc463and f.n. roy versus collector of customs, calcutta, 1957 scr1151to the effect that rule of natural justice did not necessarily confer in all cases right to audience or right to personal hearing at every ..... reference was made to introduction of the delhi members of legislative assembly (removal of disqualification) w.p. (c) 750/2018+ connected page 67 of 79 (amendment) bill 2015 on 23rd june, 2015, passed by the legislative assembly on 24th june, 2015 that allocation of office of parliamentary secretaries in the legislative assembly .....
Tag this Judgment!Court : Delhi
..... prasad singh versus chairman, bihar legislative council, (2004) 8 scc747 8. in kihoto case, the constitution bench was dealing with the validity of constitution 52nd amendment act, 1985 by which paragraphs were added to tenth schedule as a declaration that decision of the speaker/chairman shall be final and no court shall have any ..... the gauhati municipal board, gauhati, air1967sc1398and state bank of patiala versus mahendra kumar singhal, 1994 supp (2) scc463and f.n. roy versus collector of customs, calcutta, 1957 scr1151to the effect that rule of natural justice did not necessarily confer in all cases right to audience or right to personal hearing at every ..... reference was made to introduction of the delhi members of legislative assembly (removal of disqualification) w.p. (c) 750/2018+ connected page 67 of 79 (amendment) bill 2015 on 23rd june, 2015, passed by the legislative assembly on 24th june, 2015 that allocation of office of parliamentary secretaries in the legislative assembly .....
Tag this Judgment!Court : Delhi
..... prasad singh versus chairman, bihar legislative council, (2004) 8 scc747 8. in kihoto case, the constitution bench was dealing with the validity of constitution 52nd amendment act, 1985 by which paragraphs were added to tenth schedule as a declaration that decision of the speaker/chairman shall be final and no court shall have any ..... the gauhati municipal board, gauhati, air1967sc1398and state bank of patiala versus mahendra kumar singhal, 1994 supp (2) scc463and f.n. roy versus collector of customs, calcutta, 1957 scr1151to the effect that rule of natural justice did not necessarily confer in all cases right to audience or right to personal hearing at every ..... reference was made to introduction of the delhi members of legislative assembly (removal of disqualification) w.p. (c) 750/2018+ connected page 67 of 79 (amendment) bill 2015 on 23rd june, 2015, passed by the legislative assembly on 24th june, 2015 that allocation of office of parliamentary secretaries in the legislative assembly .....
Tag this Judgment!Court : Delhi
..... prasad singh versus chairman, bihar legislative council, (2004) 8 scc747 8. in kihoto case, the constitution bench was dealing with the validity of constitution 52nd amendment act, 1985 by which paragraphs were added to tenth schedule as a declaration that decision of the speaker/chairman shall be final and no court shall have any ..... the gauhati municipal board, gauhati, air1967sc1398and state bank of patiala versus mahendra kumar singhal, 1994 supp (2) scc463and f.n. roy versus collector of customs, calcutta, 1957 scr1151to the effect that rule of natural justice did not necessarily confer in all cases right to audience or right to personal hearing at every ..... reference was made to introduction of the delhi members of legislative assembly (removal of disqualification) w.p. (c) 750/2018+ connected page 67 of 79 (amendment) bill 2015 on 23rd june, 2015, passed by the legislative assembly on 24th june, 2015 that allocation of office of parliamentary secretaries in the legislative assembly .....
Tag this Judgment!Court : Delhi
..... prasad singh versus chairman, bihar legislative council, (2004) 8 scc747 8. in kihoto case, the constitution bench was dealing with the validity of constitution 52nd amendment act, 1985 by which paragraphs were added to tenth schedule as a declaration that decision of the speaker/chairman shall be final and no court shall have any ..... the gauhati municipal board, gauhati, air1967sc1398and state bank of patiala versus mahendra kumar singhal, 1994 supp (2) scc463and f.n. roy versus collector of customs, calcutta, 1957 scr1151to the effect that rule of natural justice did not necessarily confer in all cases right to audience or right to personal hearing at every ..... reference was made to introduction of the delhi members of legislative assembly (removal of disqualification) w.p. (c) 750/2018+ connected page 67 of 79 (amendment) bill 2015 on 23rd june, 2015, passed by the legislative assembly on 24th june, 2015 that allocation of office of parliamentary secretaries in the legislative assembly .....
Tag this Judgment!Court : Delhi
..... prasad singh versus chairman, bihar legislative council, (2004) 8 scc747 8. in kihoto case, the constitution bench was dealing with the validity of constitution 52nd amendment act, 1985 by which paragraphs were added to tenth schedule as a declaration that decision of the speaker/chairman shall be final and no court shall have any ..... the gauhati municipal board, gauhati, air1967sc1398and state bank of patiala versus mahendra kumar singhal, 1994 supp (2) scc463and f.n. roy versus collector of customs, calcutta, 1957 scr1151to the effect that rule of natural justice did not necessarily confer in all cases right to audience or right to personal hearing at every ..... reference was made to introduction of the delhi members of legislative assembly (removal of disqualification) w.p. (c) 750/2018+ connected page 67 of 79 (amendment) bill 2015 on 23rd june, 2015, passed by the legislative assembly on 24th june, 2015 that allocation of office of parliamentary secretaries in the legislative assembly .....
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