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thermospares India Vs. B.H.E.L. and ors.

Court : Delhi

Reported in : 2006(2)ARBLR404(Delhi); 130(2006)DLT382; 2006(89)DRJ702

..... pendente lite, we think it necessary to consider the reasons for the decision. justice chinnappa reddy, j. speaking for the bench held that neither the interest act, 1839 nor the interest act, 1978 conferred power on the arbitrator for awarding interest pendente lite. the learned judge observed that section 34 of the civil procedure code which provides for the same did not apply ..... may be given to us to enable us to release this payment to you without any delay.thanking you,yours faithfully,for bharat heavy electricals ltd.(s. balasubramaniam)manager (finance)30. thus the respondent informed the petitioner that in view of the stand of the petitioner as acceptable to the respondent a sum of rs. 1,305.14 was ..... for an immediate action at your end for the clearance of the bill under question.yours faithfully,for thermospares india(b.k. jain)c.c.1. deputy general manager,finance, m/s. b.h.e.l.,p.p-n.r. vikram towerrajindra place, nd.26. it may be noted that if the issue of tig welding and other .....

Commissioner of Customs Vs. United Telecom Ltd.

Court : Karnataka

..... only on the orders passed by the tribunal in exercise of its discretionary power under the proviso to section 129e of the act and the corresponding provisions under the central excise act and as of now in the finance act 1994, in the context of levy of service tax.19. this is a phenomena which has a knack of repeating itself ..... in priya blue industries ltd. v. commissioner of customs : 2004(172)elt145(sc) , as also assistant collector of central excise v. national tobacco co. of india ltd. : 1978(2)elt416(sc) , that the tribunal has not shown its awareness and has not applied its mind to the requirement of the second part of the proviso viz., the duty ..... on the appellant depending upon the facts and circumstances of the case.3. section 129e of the customs act, 1962 reads as under:129e. deposit pending appeal of (duty and interest) demanded or penalty levied:where in any appeal under this chapter, the decision or order appealed against relates to any (duty and interest) demanded in respect of .....

Humayun Suleman Merchant Vs. The Chief Commissioner of Income Tax, Mum ...

Court : Mumbai

..... ) this led to the introduction of sub-section (4) to section 54f of the act by the finance act, 1987 with effect from 1st april, 1988. besides introducing sub-section (4) to section 54f the finance act, 1978, also amended sub section (1) of section 54f of the act to make it subject to provision of sub-section (4) thereof. (h) as ..... chapter vi deals with the head of income viz. capital gains. it provides for computation of capital gains and also for exemption available there under. section 54f of the act introduced into the act with effect from 1st april, 1983 by the finance act, 1982 provides exemption from capital gain on transfer ..... be entitled to withdraw the unutilized amount in accordance with the scheme aforesaid. (e) we shall first examine the scheme of section 54f of the act. section 54f is part of chapter iv of the act which inter alia provides for computation of total income and for that purpose, sets out the various heads of income. part e of .....

S. Pratap Kumar Vs. Thamas B. Choudi and anr.

Court : Karnataka

Reported in : AIR2002Kant248

..... the dimensions of the problem and seeking an answer thereto, one is required to closely examine the relevant provisions contained under the central act, karnataka civil courts (amendment) act. 1976 (karnataka act 81/76), karnataka civil courts (second amendment) act, 1978 (karnataka act 28/1978), notification issued thereunder, section 100 of the code of civil procedure, 1908 and article 254 of the constitution of india.5. part ..... the code of civil procedure, 1908,applicable to appeals from appellate decree. 8. by the above amending act, sec. 265 and 388 of the central act which had made provisions for delegation of powers of the district judge in non-contentious cases arising under chapter iv and in relation to grant of succession certificate under part x were omitted.9. pursuant to the .....

Modi Industries Ltd. Vs. Additional Labour Commissioner and ors.

Court : Allahabad

Reported in : (1994)ILLJ482All

..... workers approached respondentno. 1 additional labour commissioner, for securing payment 5 of their wages. respondents no. 1 acting under section 3 of the uttar pradesh industrial peace (timely payment of wages) act 1978 (hereinafter referred to as u.p. act of 1978), gave a notice requiring petitioner to give information in form 3 prescribed under rule 4 (1) of ..... land revenue. so far the proceedings for recovery of the amount as arrears of land revenue are concerned, there is no doubt that they amount to legal proceedings .chapter xxxv in para 7 of the u.p. revenue . has considered the word 'proceedings' used in section 22 and has interpreted itcovering all kinds of proceedings ..... factory is under consideration of the board of industrial finance and reconstruction (in short b.i.f.r.) and the pro- i ceedings under the u.p. act of 1978 are barred under section 22 of the aforesaid act, it has been submitted that the proceedings under u.p. act of 1978 for the recovery of the amount as arrears .....

Baldeo Singh Raghuraj Singh Vs. Gopal Singh Raghuraj Singh and ors.

Court : Madhya Pradesh

Reported in : AIR1967MP221

..... the relief of declaration simpliciter. the court-fees paid were proper or not. we hereby refer the following question of law for its determination under rule 11 of chapter i of the high court rules read with section 98 and rule 34 of order xli of the code of civil procedure by one or more judges as ..... evasion is successful it cannotbe touched, but the device does not merit encouragement or favour'.it was further observed after referring to section 42 of the specific relief act:--'it is in this section (apart from particular legislative sanction) that the law as tomerely declaratory decrees applicable in thecircumstances of this case, is now to befound'. ..... 'decree' made unenforceable against him require an ad valorem court fee stamp?'while dealing with that question, the division bench has stated certain principles:'the court-fees act is a fiscal enactment, has to be construed strictly and any ambiguity or doubt arising out of its interpretation has to be resolved in favour of the subject .....

J.M. Ramachandra and Sons Vs. Customs Excise and Gold (Control) Appell ...

Court : Delhi

Reported in : 95(2002)DLT217; 2002(80)ECC72; 2002(139)ELT36(Del)

..... order of the nature referred to in the first proviso to sub-section (1), which is pending immediately before the commencement of section 40 of the finance act, 1984 before the appellate tribunal and any matter arising out of or connected with such appeal and which is so pending shall stand transferred on such ..... destination if goods unloaded at such destination are short of the quantity required to be unloaded at that destination; (c) payment of drawback as provided in chapter x, and the rules made there under; provided further that the appellate tribunal may, in its discretion, refuse to admit an appeal in respect of an ..... & gold (control) appellate tribunal (in short the 'tribunal') refusing to condone the delay in filing of the appeal under section 129a of the customs act, 1962 (in short the 'act) and consequentially directing dismissal thereof.2. factual background highlighted by the petitioner is essentially as follows:petitioner, a trading unit, imported a consignment of 44000 .....

V.N. Narayanan Nair and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1971Ker98

..... should not be adopted where the apparent transgression is in the field of other constitutional prohibitions. 4. it might be as well to begin with a brief outline of the act. chapter i (sections 1, and 2) which is headed, 'preliminary' contains besides the short title, extent and commencement, the definitions some of which we might have to ..... private forest land can, if he satisfies the requirements of section 7-b, become a deemed tenant and get a!l the benefits conferred on a tenant by chapter ii of the act. a real tenant of such land is denied the benefit by reason of the exemption in section 3 (1) (vii) (unless a deemed tenancy also ..... law for agrarian reform. to decide this question it necessary to examine the relevant provisions of the act. the act is called the kerala land reforms act. section 2 of the act deals with the definition of the terms used in the various sections. chapter ii deals with tenancies. section 3 exempts leases ol lands vested in government or any local authority .....

State of Kerala Vs. Mariyamma

Court : Kerala

Reported in : (2006)200CTR(Ker)361; [2006]280ITR225(Ker); 2005(2)KLT587

..... income tax on the land value and the land acquisition officer ought to have deducted such amounts also.31. the income tax act was again amended by finance act 2 of 2004. s. 194la was introduced with effect from 1st october, 2004. s. 194la reads as follows:--'194la. payment of compensation on acquisition of certain ..... .provided further that no deduction shall be made under this section from any payment made on or after the 1st day of june, 2000'.the above section was introduced by finance act, 1999. so, for any amount which was deposited from 1.6.1999 to 1.6.2000 when s. 194l was in force, the claimant was liable to pay ..... decree to the decree holder in the absence of provision to that effect in the decree is the point to be considered.26. the income fax act is a central act. chapter xvii of the income tax act, 1961 cast an obligation on the authorities concerned to deduct tax at source. for deducting tax at source, no special or specific orders of any .....

C.V. Karunakaran Vs. the Chairman, Central Board of Excise and Customs ...

Court : Chennai

Reported in : 2009(171)LC254(Madras); 2010(249)ELT324(Mad)

..... offences under the act;(o) the provisions of allied acts including imports and exports (control) act, 1947 (18 of 1947), foreign exchange regulation act, 1973 (46 of 1973), indian explosives act, 1884 (4 of 1884), arms act, 1959 (54 of 1959), opium act, 1978 (1 of 1878), drugs and cosmetics act, 1940 (23 of 1940) destructive insects and pests act, 1914 (2 of ..... whether a person, who passed examination under the 1984 regulations, is automatically entitled to get licence under the 2004 regulation was considered by the ministry of finance central excise and customs, new delhi, in the circular dated 10.6.2004 and it is clarified as follows:issue raisedcommentsregulation 81. regulation 8 passed persons ..... as the same was already provided in section 81 of the act corresponding to section 68f(1-d) of chapter iv-a of the repealed act. the reason appears to be obvious. every private operator falls within the field covered by chapter v of the act. it would seem that parliament is of the view that the .....