Judgment Search Results Home > Cases Phrase: finance act 1968 Court: kolkata Page 90 of about 13,667 results (0.226 seconds)

Gita Mahensaria Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : 2004(3)CHN327

..... 2.04. the impugned order of detention dated 20th november, 2002 was passed by sri p. c. jha, joint secretary to the govt. of india, ministry of finance, department of revenue. in ground xii of the writ petition, the petitioner has alleged inter alia that the detaining authority on his own showing has relied on a ..... from the date when the member-secretary, screening committee referred the proposal to the detaining authority. in my view the live-link between the actual, offending act or acts and the passing of the order of detention has been snapped due to long and unexplained delay and the explanation as fought to be given on behalf of ..... november, 2002 passed by shri p. c. jha, joint secretary to the govt. of india, ministry of finance, department of revenue (cofeposa unit), new delhi under section 3(1) of conservation of foreign exchange and prevention of smuggling activities act, 1974 (as amended) is under challenge. by the application under article 226 of the constitution of india, .....

Downtown Temptations Pvt. Ltd. Vs. Apeejay Finance Group Limited

Court : Kolkata

..... several orders passed against this particular arbitrator and the fraudulent manner in which such arbitrator has conducted references and has merely rubber-stamped claims made by the finance companies without applying any mind. the assertion on behalf of the petitioner that it received no notice of the arbitral reference has been made, inter alia, ..... second respondent was the arbitrator and an unnecessary party to the present proceedings under section 34 of the arbitration and conciliation act, 1996. however, one can sympathise with the petitioner for clubbing the finance company and the arbitrator on the same side. the marginal delay on the part of the petitioner to file the present ..... ap no.170 of 2005 in the high court at calcutta ordinary original civil jurisdiction original side downtown temptations pvt.ltd.-versusapeejay finance group limited appearance: mr.debojyoti dutta, adv.ms.anisha surana, adv...for the petitioner. before: the hon'ble justice sanjib banerjee date : december 20, .....

Limited Vs. Saurashtra Finance and Holding Pvt.Ltd

Court : Kolkata

..... limited -versussaurashtra finance & holding pvt.ltd & anr. appearance: mr.satarup banerjee, adv...for the petitioner. mr.joydeep kar, adv...for the respondents. before: the hon'ble justice sanjib banerjee date : august 29, 2012. the court : the application is by the respondents to the main petitions under section 9 of the arbitration and conciliation act, 1996 that were dealt with by ..... have been recorded was rs.75 lakh. the circumstances in which appropriate submission could not be made on behalf of the applicants have been indicated in the application. the finance company accepts that as at the date of the order of august 17, 2012 a sum of about rs.71 lakh remained due on account of defaulted instalments in ..... dated august 17, 2012 as indicated. since no affidavit has been called for, the allegations contained in the application should not be deemed to have been admitted by the finance company. let a.p.no.300 of 2012, a.p.no.301 of 2012, a.p.no.302 of 2012 and a.p.no.305 of 2012 appear a .....

Srei Equipment Finance Pvt. Ltd. Vs. Aum Mines and Minerals and ors.

Court : Kolkata

..... but it appears that the respondents are not available thereat and the petitioner says that the petitioner does not have the new addresses of the respondents. the petitioner financed the respondents in their acquisition of a cone crusher in the year 2008. the equipment cost about rs.1.70 crore at the time of its acquisition. upon ..... the respondents failing to make payment of the monthly instalments, an order was passed on the petitioner s previous petition under section 9 of the arbitration and conciliation act, 1996 directing the receiver to take possession of the asset. offers were invited for the sale of the asset and the advertisements indicated a sum of rs.10 ..... the chosen buyers to make more bids since a miniscule part of their money is blocked in earnest deposits. as a consequence of the nexus between the finance companies and some chosen buyers.many assets are sold at throwaway prices since genuine bidders are generally disinclined in coming to court or do not obtain the information .....

Sethi Constructions Vs. Kolkata West International City Private Limite ...

Court : Kolkata

..... of the provision in mind that the judgment reported at (2000) 8 scc151(datar switchgears limited v. tata finance limited) opined that the period of time indicated in section 11(5) of the 1996 act should be read into section 11(6) thereof and regarded as the reasonable time for fulfilling the obligation to ..... register, certain consequences follow. these consequences have, according to the respondent, been encapsulated in section 69 of the partnership act. the respondent firs.relies on a judgment reported at (1989) 3 scc476(shreeram finance corporation v. yasin khan) for the proposition that an action instituted in derogation of section 69(2) of the partnership ..... act is incurably bad and the subsequent registration will not entitle the action to be continued and even an amendment to .....

Ensign Tankers (Leasing) Ltd. Vs. Stokes (inspector of Taxes).

Court : Kolkata

Reported in : [1991]191ITR419(Cal)

..... ltd., against a decision of the special commissioners. the commissioners held that the taxpayer company was not entitled to claim initial allowances under section 41(1) of the finance act 1971 in respect of two transactions related to two films ('escape to victory' and 'outland'). section 41(1) provides;'subject to the provisions of this chapter, ..... illuminating. first he held that the taxpayer company had invested in victory partnership as a tax deferral scheme : the taxpayer companys investment 'merely provided the finance necessary to enable trading transactions to be entered into. ' since this motivations had not been found by the commissioners to have had any adverse effect on ..... a commercial transaction with a view of profit, can it fairly be regarded as carrying on a trade even if (i) it obtained the necessary finance from investors who were primarily motivated by the hope of obtaining a fiscal advantage rather than a commercial profit and (ii) the transaction itself was deliberately .....

Srei Equipment Finance Pvt. Ltd. Vs. M/S. Classic Super Construction a ...

Court : Kolkata

..... petition. it has come to be the practice of finance companies to rely on a forum selection clause and bank on the respondent not being represented in court to contest such clause or its applicability to file a petition in ..... before: the hon'ble justice sanjib banerjee date : 20th january, 2014. the court : since it appears that the present petition under section 9 of the arbitration and conciliation act, 1996 has been unnecessarily dragged on for several months with the object of, in effect, executing an award before the award is made, no further order is made on the ..... . the respondents are from bhubaneswar. this petition under section 9 of the arbitration and conciliation act, 1996 was filed in march, 2013 and has been continued with for nearly a year. in view of the apparent ploy on the part of the finance company petitioner to obtain all the reliefs in support of the agreement in cours.of an .....

Srei Infrastructure Finance Pvt. Ltd. Vs. Rasal Dilip Damodar and anr.

Court : Kolkata

..... of rs.2 lakh each of the hirer and the guarantor. it will be open to the hirer and the guarantor to institute appropriate proceedings against the finance company, the arbitrator and others concerned, both civil and criminal. in these circumstances the learned counsel submitted that the said observations would create difficulty in ..... though the arbitrators records were sought and produced on a subsequent day, the mistake had already taken place in the finance companys bunch of papers having already been handed over to court with two rival acts of minutes for the meeting said to have been held on november 21, 2008. 9. internal page 24, paper ..... no 118. implicit of such statement is the admission of the arbitrators connection with the finance company. taking a cue from the apparent admission on pleadings that the arbitrator acts regularly as arbitrator for various financial companies including this finance company, the hirer has called attention to what appears to be a reference number in .....

L and T Finance Ltd. Vs. M/S Sai Construction and ors.

Court : Kolkata

..... the other asset, a truck of tata-make, is in the possession of the receiver but a dispute has arisen as to whether it was such asset that had been financed by the petitioner. ga no.63 of 2013 is the petitioner s application in the section 9 proceedings for a forensic expert to be appointed to ascertain whether the registration ..... . ap no.29 of 2012 is the original petition under section 9 of the arbitration and conciliation act, 1996, wherein a receiver was appointed. the receiver had taken possession of two of the assets that formed the subjectmatter of the agreement between the parties. one of the assets ..... ga no.63 of 2013 ap no.29 of 2012 in the high court at calcutta ordinary original civil jurisdiction original side l & t finance ltd.versus m/s sai construction & ors.before: the hon'ble justice sanjib banerjee date :17. h january, 2013. appearance: mr.p.sinha, adv.the court : the respondents are represented .....

Mcleod Russel (India) Ltd, KolkatA. Vs. Union of India and anr.

Court : Kolkata

..... .b.poddar, mr.s.gadodia, mr.somak basu, mr.shiv sankar banerjee, adv.adv.adv.adv.the court : the petitioner has sought for a declaration that the provisions of the finance act, 1994 to the extent that it seeks to levy service tax on the services provided by the government and / or local authorities is violative of article 246 of the constitution .....