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
..... sold 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 12th ..... applicant filed two appeals before the mstt. these appeals of the applicant came to be disposed of by the mstt vide its order and judgment dated 16th january, 2007. the mstt inter alia held that the products of the applicant sold under its invoice dated 12th january, 1995 would fall under schedule entry c-ii-46a (and ..... fall 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 .....
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 ..... (sub-s (1-a) omitted by act 20 of 2015, s.86. prior to its omission, sub-s (1-a) read as under - (1-a) notwithstanding anything contained in sub-section (1), where an application was made under sub-section (1) before the 1st day of june 2007 but an order under sub-section (1) of section 127-c gas bit beeb nade befire ..... tge saud date, the applicant shall within a period of thirty days from the 1st day of june 2007, pay the accepted duty liability .....
Tag this Judgment!Court : Mumbai
..... 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 ..... followed in all the cases arising before the tribunal: 6. accordingly, we direct that the following procedure as laid down in the case of hansaguri prafulchandra ladhani, 2007 acj 1897 (gujarat), shall be followed in the present case and in all similar cases arising in future before the motor accidents claims tribunal: (i) the ..... the case of gauri deepak patel and ors.(supra) has accepted the interpretation of section 194a as laid down in the decision of the gujarat high court in the case of smt.hansagauri prafulchandra ladhani vs. oriental insurance co.ltd. (2007 acj 1897 (gujarat)and accordingly has laid down a procedure under which the .....
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
..... present 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 after ..... it 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 for ..... in the bank on the date of his retirement or the date on which he is deemed to have retired shall qualify for pension. 7. the ministry of finance, by communication dated 4 june 1986, on the request of the petitioner regarding the payment of his provident fund and gratuity dues from the bank of india for .....
Tag this Judgment!Court : Mumbai
..... the securitisation and reconstruction of 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% of such secured creditors in ..... enforcement of security interest act, 2002, section 22 of the sick industrial companies (special provisions) act, 1985 will continue to have full play. 4. where, under section 13(9) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, in the case of a sick industrial company having more than one secured creditor or being jointly financed by secured creditors representing .....
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 registration ..... to various judgments relied upon by the parties including the judgment of this court in case of encore electronics ltd. vs.anchor electronics and electrical pvt.ltd., 2007(35) ptc 714 and has held that the only difference between plaintiff's trade mark and the defendant's trade mark is kaveri and kaberi . the defendant ..... insofar as registration of the trade mark is concerned, it is submitted that the date of registration of the trade mark of the plaintiff is 31st december, 2007 which is much prior to the adoption of the trade mark of the defendant in the year 2011. 27. learned counsel for the plaintiff placed reliance on the .....
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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