Judgment Search Results Home > Cases Phrase: foreign recruiting act 1874 Page 1 of about 45,325 results (0.170 seconds)

Jiban Banerjee Vs. the State

Court : Kolkata

Reported in : AIR1959Cal500,1959CriLJ965,63CWN628

..... have since found that there are similar provisions in section 29 of the central excises and salt act (1 of 1944), section 5 of the diplomatic and consular officers (oaths and fees) act (xli of 1948), section 7 of the foreign recruiting act, (iv of 1874), section 66 of the inland steam vessels act (1 of 1917), section 134 (1) of the railways act (act ix of 1890) and section 72 of the indian stamp act (act ii or 1890) ..... . the reason for the reference is the inconvenience that arises both to the prosecution and to the defence from the fact that although at the conspiracy trial evidence of the various overt acts may go in, the trial or trials for the various overt acts themselves, if they occur outside the territorial jurisdiction of the trying judge have to be taken up by one or more other courts having territorial jurisdiction, the inevitable consequence being a multiplicity ..... 'the lower court cannot be clothed with jurisdiction to try the charge of conspiracy merely because the conspiracy and different acts of cheating might form part of the same transaction and that the charges in respect of them might be tried together ..... an offence was committed, orwhere an offence is committed partly in one local area and partly in another, orwhere an offence is a continuing one, and continues to be committed in more local areas than one, orwhere it consists of several acts done in different local areas, it may be inquired into or tried by a court having jurisdiction over any of such local areas. .....

Commissioner of Customs Vs. Shri Mushtaq Abdul Razak Khilji

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2004)(177)ELT1138Tri(Mum.)bai

..... findings, in para 2 in page 9 of the adjudication order, the adjudicating authority has himself given by the findings, "thus, it is proved beyond doubt that the foreign currency, including travellers cheques and the indian currency under seizure are sale proceeds of foreign marked gold biscuits, which fact has been admitted by shri mushtaq abdul razak khilji in his statements". ..... one more letter dated 22.02.98, written by shri mushtaq abdul razak khilji to the department, in which he has once again reiterated that the seized currencies were obtained by him, by selling foreign marked gold bars and that he does not have any documents to account for licit possession of the seized currencies. ..... 000/- seized from his residence and shop, shri mushtaq abdul razak khilji had stated that some times, certain quantity of foreign, marked gold biscuits were sold by him in the local market, against indian currency and the seized indian currency of ..... asaji purohit, in his statement, recorded under section 108 of the customs act, 1962, on 28.10.97 had stated that he purchased foreign marked gold biscuits from the agents operating in kalbadevi, zaveri bazar by paying them either in foreign currency or indian currency. ..... statements, recorded under section 108 of the customs act, 1962, on 27.10.97, shri mushtaq abdul razak khilji had stated that he could not produce any documents or receipt to indicate the licit acquisition or possession of the indian and foreign currencies, recovered from his residence. .....

Renusagar Power Co. Ltd. Vs. General Electric Company and anr.

Court : Supreme Court of India

Reported in : AIR1985SC1156; (1984)3CompLJ110(SC); 1984(2)SCALE321; (1984)4SCC679; [1985]1SCR432

..... to challenge the existence or validity of an arbitration agreement or award as also suits to have the effect (scope) of an arbitration agreement determined are barred and such questions can be raised only by an application under section 35 of the act whereas under the foreign awards act there is no provision similar or akin to sections 32 and 33 (and that is why a suit of the nature filed by renusagar qua the arbitration agreement covered by the convention is maintainable) but by virtue of sections 3 and ..... unless, there be a fresh arbitration agreement to refer those very issues in regard to the previous arbitration agreement and, therefore, it should similarly be held that section 3 of the foreign awards act, (which is similar to section 34 of the arbitration act) cannot be invoked to stay a suit which is in the nature of a section 33 petition and counsel pointed out that renusagar's suit is precisely a suit of that nature, wherein the effect (scope) of the arbitration clause contained ..... , inasmuch as it seeks to have the effect (scope) of the arbitration agreement determined, that such a suit can never be stayed under section 3 of the foreign awards act and that, therefore, the petition under section 3 (which is really in the nature of section 34 application under the arbitration act, 1940) is totally misconceived and liable to be dismissed; counsel further submitted that the suit filed by renusagar is not 'in respect of any matter agreed to be referred to arbitration' as required by .....

South India Exports Rep. by Its Partner Mr. Indermal Ramani Vs. the Jo ...

Court : Chennai

Reported in : 2004(91)ECC555; (2004)1MLJ489

..... referred to by the learned judge and it was held that though there was an authority for confiscation under the foreign trade regulation act, the identical powers are conferred on the authorities under the customs act also and that, in the case in hands, the customs authorities, on the basis of the credible information, had effected the search of the various premises of the petitioner company and seized some documents and hence ..... that was also a case where the petitioner had the manufacturing advance licence under the foreign trade regulation act and exim policy and there also, the customs authorities had issued the summons to the petitioner to furnish the details about the transactions. ..... we were also taken through the relevant paragraphs wherein, it has been held that under the foreign trade regulations act and the rules framed thereunder, the licensing authority has got ample powers to deal with the holders of the licence by bringing them to books of law (see internal page 15 para 2 therein). ..... it was further suggested that merely because the licences were given under the foreign trade act, it did not divest the officers of the customs department to make investigation and for that purpose making the efforts via sec. ..... the petitioners challenged these notices and their case before the learned single judge was that firstly, they could be dealt with only under the foreign trade act and that too, by their licensing officer. .....

Koruwage Hubert Fernando Vs. Inspector of Police and anr.

Court : Kerala

Reported in : 2000CriLJ1926

..... this provision is to provide deterrent punishment to prohibit fishing in exclusive economic zone of india by foreign vessels in infringement of the act and the rules framed thereunder and the conditions of permit or licence. ..... the vessel was alleged to have been seized, the respondent did not produce the same before the magistrate's court as provided under section 9(4) of the act and therefore, section 13 of the act regarding confiscation of the vehicle is not applicable in this case since the mandatory provisions of section 9(4) are not complied with.10. ..... the master of the vessel was convicted and sentenced for the offences punishable under section 3 read with 10 and section 7 read with 14 of the maritime zones of india (regulation of fishing by foreign vessels) act, 1981, by judgment dated 30-3-1999.3. ..... section 13(1) of the act lays down that where any person is convicted of an offence under section 10 or section 11 or section 12, the foreign vessel used in or in connection with the commission of the said offence, together with its fishing gear, equipment, stores and cargo and any fish on board such ship or the proceeds of ..... , minicoy alleging offences punishable under section 3 read with 10 and section 7 read with 14 of the maritime zones of india (regulation of fishing by foreign vessels) act. ..... owner of the vessel was not a party in that case and he was neither tried nor convicted for any offence under the maritime zones of india (regulation of fishing by foreign vessels) act. .....

Kesar Devi @ Kanti Devi Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : 1995(51)ECC66

..... are three-fold, namely-(1)(i) that whenever challenge is made regarding forfeiture of the property under the safema act, the court is competent to examine the orders passed under the conservation of foreign exchange and prevention of smuggling activities act, 1974 (hereinafter called as the cofeposa act), (ii) that the order of the competent authority for detention under the cofeposa act is bad in law as the grounds on which the order has been passed are the same which ..... state government may, --(a) if satisfied with respect to any person (including a foreigner) that with a view to preventing him from acting in any manner prejudicial to -- (i) the defence of india, the relations of india with foreign powers, or the security of india, or (ii) the security of the state or the maintenance of public order, or (iii) the maintenance of supplies and services essential to the community, or(b) if satisfied with respect to any foreigner that with a view to regulating his continued presence in india, or with a view ..... initially the petitioner had challenged the validity of the provision of smugglers & foreign exchange manipulators (forfeiture of property) act, 1976 (hereinafter called as safema act, 39th, 40th and 42nd amendments in the constitution, but on january 2, 1991, the relief prayed in clauses 4 and 5 of prayer was not pressed and therefore the present writ petition was listed before this bench. .....

Cybertech Systems and Software Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2007)106TTJ(Mum.)257

..... out by the assessing authority in his order, the contents of the advertisements published by the assessee-company in various newspapers from time to time were in the nature of recruiting personnel for training and foreign assignment.those advertisements did not speak anything about production of any computer programme or processing or assembling or recording of programmes on any information storage device ..... . the assessee-company is remunerated by cic (usa) on the basis of the number of such professionals recruited and trained by the assessee-company and finally selected by cic for foreign assignments.the recruits proceed to various work centres outside india on the strength of the visa arranged by cic (usa) through ..... it is possible to extend the arguments on the basis of logical grounds, what we could ultimately find in this case is that the assessee was acting as a qualified professional recruiting agency for foreign companies specializing in the recruitment of high calibre computer and software professionals.49 ..... is to be seen that the training activities are conducted by the assessee-company as an integral part of recruiting professionals for foreign companies and not as an independent computer software programme ..... relying on various stipulations contained in the agreement entered into between the assessee and cic came to a conclusion that the assessee was in fact recruiting and training professionals for placing them in the employment of cic at usa and other foreign destinations .....

Cybertech Systems and Software Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)3SOT121(Mum.)

..... even though, if is possible to extend the arguments on the basis of logical grounds, what we could ultimately find in this case is that the assessee was acting as a qualified professional recruiting agency for foreign companies specializing in the recruitment of high calibre computer and software professionals.therefore, in the circumstances, it is our considered view that the assessee has not manufactured or produced or processed or assembled anything connected with computer programmes ..... to them to take up employment with cic at various centres outside india.the assessee-company is remunerated by cic (usa) on the basis of the number of such professionals recruited and trained by the assessee-company and finally selected by cic for foreign assignments.the recruits proceed to various work centres outside india on the strength of the visa arranged by cic (usa) through the assessee-company.a perusal of the sequence of activities carried out ..... various stipulations contained in the agreement entered into between the assessee and cic came to a conclusion that the assessee was in fact recruiting and training professionals for placing them in the employment of cic at usa and other foreign destinations, the assessing officer came to the above conclusion on the basis of various observations. ..... be seen that the training activities are conducted by the assessee-company as an integral part of recruiting professionals for foreign companies and not as an independent computer software programme. .....

Noel Harper Vs. Union Of India

Court : Supreme Court of India

..... the constitution of india primarily assail the constitutional validity of the amendments to the provisions of the foreign contribution (regulation) act, 20101 vide the foreign contribution (regulation) amendment act, 20202, which has come into effect on 29.9.2020, in particular, sections 7, 12(1a), 1 for short, the 2010 act or the principal act , as the case may be 2 for short, the 2020 act or the amendment act , as the case may be 2 12a and 17(1), being manifestly arbitrary, unreasonable and impinging upon ..... the central government is satisfied, after making such inquiry as it may deem fit, that any person has in his custody or control any article or currency or security, whether indian or foreign, which has been accepted by such person in contravention of any of the provisions of this act, it may, by order in writing, prohibit such person from paying, delivering, transferring or otherwise dealing with, in any manner whatsoever, such article or currency or security save in ..... from his relative; or (f) by way of remittance received, in the ordinary course of business through any official channel, post-office, or any authorised person in foreign exchange under the foreign exchange management act, 1999 (42 of 1999); or (g) by way of any scholarship, stipend or any payment of like nature: provided that in case any foreign contribution received by any person specified under section 3, for any of the purposes other than those specified under this section, such contribution .....

Banco Nacional De Cuba Vs. Sabbatino

Court : US Supreme Court

..... jurisdiction will not be defined by local notions of public policy of numerous other states (although a different situation may well be presented when courts of another state are asked to lend their enforcement machinery to effectuate the foreign act), [ footnote 2/18 ] it cannot with impunity ignore the rules governing the conduct of all nations and expect that other nations and tribunals will view ..... the doctrine, as formulated in past decisions, expresses the strong sense of the judicial branch that its engagement in the task of passing on the validity of foreign acts of state may hinder, rather than further, this country's pursuit of goals both for itself and for the community of nations as a whole in the international ..... . [ footnote 2/10 ] these rules demonstrate that our courts have never been bound to pay unlimited deference to foreign acts of state, defined as an act or law in which the sovereign's governmental interest is involved; they simultaneously cast doubt on the proposition that the additional element in the case at bar, that the property may have been within the territorial ..... ? and the very line drawing that the court stresses as potentially disruptive of the executive's conduct of foreign affairs is inevitable under the court's approach, since subsequent cases not involving expropriations will require us to determine if the act of state doctrine applies and the court's standard is the strength and clarity of the principles of international law thought to govern .....