Court : Mumbai
..... by drawing an inference that such evidence must have been considered by the arbitral tribunal while allowing or rejecting the claim while deciding petition under section 34 of the arbitration act. this view is supported by the judgment of this court in case of security (india) ltd. vs. oil and natural gas corporation limited ..... of facts which cannot be interfered with by this court in this petition. he submits that it was an undisputed position that the petitioner had no finance available during the entire contractual period and had addressed various letters admitting these facts which were forming part of the record before the arbitral tribunal. ..... office at mumbai on 5th march 2003 and discussed the subject of recommencement of work. the petitioner informed the respondent that financial institution had agreed to finance the project of the petitioner and desired that the respondent remobilize the resources. the petitioner also suggested the respondent to submit details of variations of .....
Tag this Judgment!Court : Mumbai
..... under schedule entry c-ii-26. (d) being aggrieved by the dismissal of the appeals by the mstt, the applicant preferred two reference applications under section 61 of the bst act inter alia praying to refer the questions mentioned in the said applications for the opinion of this court. it is, in these circumstances, that the mstt ..... by it, namely, anodized concave tawa and anodized kadai , the applicant filed two applications both dated 10th october, 1997 ( the ddq applications ) under section 52 of the bst act for determination of the rate of tax in respect of the said products. in the ddq applications, in relation to the products sold under its invoice dated ..... the maharashtra sales tax tribunal (for short the mstt ) has referred the following questions of law for an opinion of this court under section 61 of the bombay sales tax act, 1959 (for short bst act ). these references have been preferred at the instance of the applicant. the question of law referred for our opinion are as under:- .....
Tag this Judgment!Court : Mumbai
..... would be necessary to make note of the relevant provisions of the customs act, 1962. chapter xiv-a of the customs act, 1962 deals with settlement of cases. this chapter contains sections 127a to 127n and was inserted w.e.f. 01-08-1998 by section 102 of finance (no.2) act, 1998 (21 of 1998). the object for inserting this chapter was ..... completely incorrect footing that the filing of the bill of entry should precede the issuance of the scn. he submitted that there is no such mandate in section 127b of the act for the settlement commission to come to the aforesaid finding. this is more so in the facts of the present case, since the scn reveals that ..... the said notice. accordingly, the petitioner was directed to explain in writing as to why its application should be allowed to be proceeded with as envisaged under section 127c(1) of the act. (f) the petitioner filed a detailed reply to the aforesaid notice vide its advocate's letter dated 19th october, 2015 and furnished detailed clarifications to .....
Tag this Judgment!Court : Mumbai
..... haribhai bharvad (supra) wherein though the insurance company tried to assert the proposition on clause (ix) and (ixa) of sub-section (3) of section 194a of the income tax act (inserted with effect from 1.6.2015 by finance act,2015 substituting clause (ix)), the division bench however following the law laid down in the case of smt.hansagauri prafulchandra ladhani ..... the division bench of the gujarat high court in the this court in new india assurance co.ltd. vs. bhoyabhai haribhai bharvad (supra) interpreting section 194(3)(ix) of the act, relevant in the present context. thus, the reliance on behalf of the petitioner on the decision of the learned single judge of the madras high ..... has deducted tds in payment of the interest component under the award. the case of the petitioner is that it has acted under section 194a(3)(ix) of the income tax act. the said provision reads thus: section 194a (1) any person, not being an individual or a hindu undivided family, who is responsible for paying to a .....
Tag this Judgment!Court : Mumbai
..... issuing a notification under the said constitutional provisions which results into constituting a deemed municipal corporation under sub-section 1 of section 3 of the corporations act. similarly language of sub-section 2a and other sub-sections of section 3 makes it abundantly clear that the state government has the statutory power, authority and jurisdiction to constitute ..... or corporation, there is no reason why such area cannot be included in larger urban area at the time of its formation under sub-section 2 of section 3 of the corporations act. we, therefore, do not find any merit in the submission of mr. dani, learned senior counsel in this regard. 12. ..... from the constitutional power, authority and jurisdiction of the governor, to issue a notification which results into constitution of a deemed municipal corporation . section 2(30a) of corporations act defines a larger urban area as the area specified as larger urban area in the notification issued under sub-clause (2) of article 243 .....
Tag this Judgment!Court : Mumbai
..... petition. 6. the bank of india (employees) pension regulations, 1995 made under the banking companies (acquisition and transfer of undertakings) act, 1970 (for short, the banking companies act ) (clause (f) of subsection (2) of section 19) govern the issue in question. these regulations are applicable to the employees who were in service of the bank on or ..... will be in all fairness that shri dahotre's request for pensionary benefits is considered favourably. however, if it is not considered at the level of ministry of finance, i request you to, please, permit the board of bank of india to take a suitable decision in the matter. 10. the petitioner is otherwise eligible ..... 1 bank is stated as under: on 19.03.1977, the petitioner joined respondent no. 1 bank as chief manager in its merchant banking division. on 19.09.1978, respondent no. 1 promoted the petitioner as its regional manager, maharashtra region (pune). on 09.04.1979, respondent no. 1 promoted the petitioner as its assistant general .....
Tag this Judgment!Court : Mumbai
..... shall, with effect from the date specified for the purpose in the notification, be deemed to be a relief undertaking for the purpose of the bru act. section 4 inter alia stipulates that notwithstanding any law, usage, custom, contract instrument, decree, order, award, submission, settlement, standing order, or any other provisions ..... financial assets and enforcement of security interest act, 2002, notwithstanding the provisions of section 22 of the sick industrial companies (special provisions) act, 1985. 3. in a situation where there are more than one secured creditor of a sick industrial company or it has been jointly financed by secured creditors, and at least 60 ..... undertaking under the provisions of the madhya pradesh sahayata upkram (vishesh upbandh) adhiniyam, 1978, and that the decree could not, therefore, be executed against it in view of the bar contained under the provisions of the said act. the respondent admitted the appellant to be a relief undertaking, but however, contended .....
Tag this Judgment!Court : Mumbai
..... shall lie from any order or decree of a commercial division or commercial court otherwise than in accordance with the provisions of this act. (emphasis added) section 14 expeditious disposal of appeals the commercial appellate division shall endeavour to dispose of appeals filed before it within a period of six months ..... the basis of the facility agreement which is in fact a plain vanilla indian rupee loan provided by the plaintiff, an indian registered non-banking finance company to rubix, an indian entity, to which no fdi law or policy applies. it is submitted that though this guarantee is contained in ..... merchandise or services; (iii) issues relating to admiralty and maritime law; (iv) transactions relating to aircraft, aircraft engines, aircraft equipment and helicopters, including sales, leasing and financing of the same; (v) carriage of goods; (vi) construction and infrastructure contracts, including tenders; (vii) agreements relating to immovable property used exclusively in trade or .....
Tag this Judgment!Court : Mumbai
..... supra) relied upon by the learned counsel for the defendant is concerned, the disclaimer in the said judgment was specifically granted under the old act. under section 18(4) of the trademarks act, the authority granting any conditional registration has to record reasons. no such reasons are recorded by the authority while granting the certificate of the ..... the plaintiff, the defendant has already filed a suit in an appropriate court at patna. 15. learned counsel for the defendant placed reliance on section 17 of the trade marks act, 1999 which provides for the effect of the registration of parts of a mark. he submits that admittedly, the plaintiff did not get the ..... and for comparison of the original logo of the plaintiff with the logo of the defendant. 14. learned counsel for the defendant placed reliance on section 107 of the trade marks act, 1999 which provides for penalty for falsely representing a trade mark as registered. he submits that the symbol 'r' in relation to unregistered trade .....
Tag this Judgment!Court : Mumbai Nagpur
..... upon the similar facts. the ratio of the division bench in the case of devidas matiramji surwade is that the term 'person' employed under sub-section (1) of section 14 of the said act has to be interpreted to mean the legal heirs of such person, who has encroached and continues to occupy the government land or the public property ..... upon any land, which is not a private property, but the government land or public property and to prosecute the persons creating such obstruction or encroachment. 9. section 184 of the said act deals with members, etc., of panchayats to be public servants, and it runs as under: 184. members, etc., of panchayats to be public servants. every ..... a member of a panchayat, and if he becomes a member of a panchayat, then he is not entitled to continue as such. the disqualification under section 14 is in respect of the acts, events, deeds, misdeeds, transactions, etc, which have been done, happened or occurred before entering into the office as a member of a panchayat as .....
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