Judgment Search Results Home > Cases Phrase: foreign recruiting act 1874 Page 9 of about 45,325 results (0.122 seconds)

Surendra Kumar JaIn Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : (2004)85TTJ(Nag.)285

..... assessee and sought to be distinguished by the revenue, merely lay down an accepted legal principle that proceedings under section 147 could be initiated only after recording reasons under section 148 of the act.further, the reasons recorded must reflect application of mind by the ao and the reasons recorded must have live and rational connection/link with the material available ..... there were accusation against many persons who were bureaucrats and politicians and therefore, had directed that all government agencies, entrusted with performing their duty should act in accordance with law irrespective of the position and status of that person and conduct and complete and investigate into every accusation, expeditiously ..... . it was contended by the learned counsel for the assessee that when certain powers are conferred under the act on a quasi-judicial authority, the said authority must act independently, without being influenced by the advice/instruction/direction of any other authority.it was submitted that under the scheme of the act, the powers to assess/reassess the income of the assessee have been specifically conferred on the ao, which must be ..... against the jain brothers as well as the persons whose names appeared in those diaries as recipients under the prevention of corruption act, foreign exchange regulation act, etc ..... the jain brothers as well as the persons whose names appeared in those diaries as recipients under the prevention of corruption act, foreign exchange regulation act, etc. .....

Deputy Commissioner of Income Tax Vs. Hollandsche Aanneming

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)107TTJ(Mum.)268

..... reliance placed by the learned departmental representative and the ao on rule 115a would not be of any help to the revenue because rule 115a is applicable for conversion of rupees into foreign currency and vice versa for the purposes of computation of capital gains under the provisions to clause (a) of sub-section (1) of section 48 of the act.similarly, reliance of the ao on the decision of calcutta high court in the case of calcutta electric supply corporation ltd. v. ..... (1) shall apply in respect of income referred to in clause (c) of the explanation to sub-rule (1) where such income is received in, or brought into india by the assessee or on his behalf before the specified date in accordance with the provisions of the foreign exchange regulation act, 1973 (46 of 1973).the implication of rule 115 has been considered by the hon'ble supreme court in cit v. ..... if any foreign company is working in india and is receiving foreign exchange, spending money in foreign exchange, then computation of income can be done in such foreign exchange and in the process, allowance as per it act has to be allowed in terms of that foreign exchange only. ..... in other words, wherever the assessee is receiving his income which accrues or arises or deemed to have accrued or arisen in foreign exchange then such income in foreign exchange would be computed in accordance with sections 30 to 43d of the it act, 1961. .....

First Nat'l City Bank Vs. Banco Nacional de Cuba

Court : US Supreme Court

..... view, make appropriate a determination by the department of state that the act of state doctrine need not be applied when it is raised to bar adjudication of a counterclaim or setoff when (a) the foreign state's claim arises from a relationship between the parties existing when the act of state occurred; (b) the amount of the relief to be granted is limited to the amount of the foreign state's claim; and (c) the foreign policy interests of the united states do not require application of the ..... sabbatino affirmed that united states courts will not sit in judgment on the validity of a foreign act of state under foreign law, for such an inquiry "would not only be exceedingly difficult but, if wrongly made, would be likely to be highly offensive to the ..... the court in sabbatino, throughout its opinion, emphasized the lead role of the executive in foreign policy, particularly in seeking redress for american nationals who had been the victims of foreign expropriation, and concluded that any exception to the act of state doctrine based on a mere silence or neutrality on the part of the executive might well lead to a conflict between ..... department of state advised this court on november 17, 1970, that, as a matter of principle, where the executive publicly advises the court that the act of state doctrine need not be applied, the court should proceed to examine the legal issues raised by the act of a foreign sovereign within its own territory as it would any other legal question before it. .....

Union of India Vs. Ashok Sukhadeo Singh Chavan

Court : Mumbai

Reported in : 1990(2)BomCR1; 1991CriLJ2359

..... viii (cus) 10-5/82/adj/6644 to 48 dated 5-2-1985, the charges framed against the above-named have been established; now, therefore, in exercise of the powers conferred on me by section 137(1) of the customs act, 1962, i, kashmira singh, collector of customs and central excise, nagpur hereby accord sanction for filing of complaint by the assistant collector, central excise, division amravati, before the competent court of law, for the ..... the above evidence discussed in the preceding paras, in the statement of respondent-accused recorded by the superintendent of customs on 8-6-1983 the respondent accused stated that 'the foreign articles were seized by the authorities during the search of my residential house, this day 8-6-83 description of which is as mentioned in the inventory memo attached to the ..... learned single judge of the orissa high court has observed in this case as under at page (1364) :'under section 137 of the customs act, no court can take cognizance of any offence punishable under sections 132, 133, 134 or 135 except with previous sanction of the collector of ..... 123 of the act by adducing evidence to show that the origin was not foreign at all and, therefore, the goods could not be held to be ..... director of enforcement, foreign exchange regulation act and others, air 1988 sc 989 : 986 cri lj ..... of the act, the learned trial judge has erroneously held that the prosecution failed to prove that the articles or goods seized from the respondent-accused are of foreign origin. .....

Abdur Rahim Undre Vs. Padma Adbur Rahim Undre

Court : Mumbai

Reported in : AIR1982Bom341; 2(1982)DMC204

..... (4) it is clear that the said section is dealing with the authority of the court to grant relief under the act in relation to any marriage in a foreign country not solemnized under the act, if grant of relief in respect of such marriage is provided for under any law for the time being in force ..... sub-sec (1) shall authorise any court to grant any relief under this act in relation to any marriage in a foreign country not solemnized under it, if the grant of relief in respect of such marriage (whether on any of the grounds specified in the special marriage act, 1954 or otherwise is provided for under other law for the time ..... under:'18 (1) subject to the other provisions contained in this section the provisions of chapters iv, v, iv and vii of the special marriage act, 1954 shall apply in relation to marriages solemnised under this act and to any other marriage solemnised in a foreign country between parties of whom one at least is a citizen of india as they apply in relation to marriages solemnised under the act: explanation : in its application to the marriages referred to in this sub-section, s. ..... oral and documentary the trial court came to the conclusion that the special marriage act read with foreign marriage act or english law will apply to the parties as regards the marriage and divorce. ..... of the parties flowing form the marriage solemnized in england in 1966 is covered by the foreign marriage act, 1969, in face it is not necessary to deal with any other contention raised by shri .....

Noy Vallesina Engineering Spa a Corporation Organized and Existing Und ...

Court : Mumbai

Reported in : 2006(3)ARBLR510(Bom); 2006(5)BomCR155

..... thus, if the provisions of the foreign awards act and the new act relating to enforcement of the foreign award are juxtaposed there would appear to be hardly any difference.the supreme court thus held that the only difference between the provisions of the foreign awards act and the act in so far as enforcement of foreign awards is concerned, under the foreign awards act, the court had to pronounce a judgment in terms of the award and that judgment became a decree. ..... in my opinion, placing such interpretation would also be in favour of the persons who are holding foreign awards in their favour, because they can apply for recognition of the foreign award within a period of three years of the right to apply accruing to them and after the court records satisfaction contemplated by section 49 of the act, the award becomes a decree and they get further period of 12 years under article 136 to apply to the court for execution of that award. ..... now having held that the provisions of the limitation act are applicable to an application filed under section 47 of the arbitration act for enforcement of a foreign award, the question arises what is the period of limitation laid down by the limitation act for making such an application perusal of the provisions of section 2(j) of the limitation act shows that the period of limitation means period of limitation prescribed for any suit, appeal or application by the schedule. .....

Abdur Rahim Undre (Dr.) Vs. Padma Abdur Rahim Undre (Smt.)

Court : Mumbai

Reported in : 1983(1)BomCR395; (1982)84BOMLR33

..... of such marriage (whether on any of the grounds specified in the special marriage act, 1954 (43 of 1954), or otherwise) is provided for under any other law for the time being ..... provisions of chapter iv, v, vi, and vii of the special marriages act, 1954 (43 of 1954), shall apply in relation to marriage, solemnized under this act and to any other marriage solemnized in a foreign country between parties of whom one at least is a citizen of india as they apply in relation to marriages solemnized under that act.x x x x x x4) nothing contained in sub-section (1) shall authorise any court to grant any relief under this act in relation to any marriage in a foreign country not solemnized under it, if the grant of relief in respect ..... by section 27 it accepts the validity of a marriage solemnized in a foreign country otherwise than under the act since, but for this provision it could possibly be contended that a foreign marriage, though not solemnized under the act, but which contravenes the provisions of the act imposing restrictions is void even if valid according to the law of the country where it was celebrated. .....

Renusagar Power Co. Ltd. Vs. General Electric Co.

Court : Supreme Court of India

Reported in : AIR1994SC860; 1994(2)ARBLR405(SC); [1994]81CompCas171(SC); 1993(4)SCALE44; 1994Supp(1)SCC644; [1993]Supp3SCR22

..... proceed with the arbitration nor renusagar could participate in the same on the ground that the application submitted by general electric under section 3 of the foreign awards act had been rejected by mirzapur civil court and the said order of the court had not yet been set aside or stayed by the allahabad high ..... the ground of violation of public policy in section 7(1)(b)(ii) of the foreign awards act; (ix) there is no violation of the provisions of fera because in view of the approval that had already been granted by the government of india to the original contract, there was no prohibition ..... amount of compensatory damages awarded by the arbitral tribunal relates to the merits of the award and the same cannot be questioned in proceedings for enforcement of the award under section 7 of the foreign awards act; (viii) the challenge to the award on the basis of unjust enrichment, award of compound interest, award of damages on damages does not fall within the ambit of permissible objections on ..... has urged that after the mirzapur court had refused to stay the civil suit filed by renusagar on the application submitted by general electric under section 3 of the foreign awards act on july 9, 1985, renusagar had raised a preliminary objection before the arbitral tribunal that it had become functus officio and on the said objection raised by renusagar, .....

Shin-etsu Chemical Co. Ltd. Vs. Aksh Optifibre Ltd. and anr.

Court : Supreme Court of India

Reported in : AIR2005SC3766; 2005(3)ARBLR1(SC); 2005(4)AWC3851(SC); [2005]127CompCas97(SC); 2005(4)CTC297; JT2005(7)SC426; (2005)4MLJ84(SC); (2005)7SCC234; 2005(2)LC1277(SC)

..... 1985]1scr432 ('renusagar'), which no doubt appear to suggest in the context of section 3 of the foreign awards act, 1961 ('foreign awards act') and the arbitration act, 1940, that the court must be fully satisfied that the arbitration agreement exists before granting stay ..... which of the two views is correct requires determination.it may be noted that section 3 of the foreign awards act, 1961, before the enactment of the act, contained somewhat similar provision providing for the stay of the proceedings in the court, unless the agreement was null and void, inoperative ..... it may be that a stay of the suit either under section 3 of the foreign awards act or under section 34 of the arbitration act, 1940 may have the effect of finally disposing of the suit for all practical purposes as pointed out ..... further, decisions rendered under the arbitration act, 1940 or under the foreign award act should be considered with caution as the act purports to bring a new approach to arbitration, as has been observed in firm ..... the other party filed a petition under section 3 of the foreign awards (recognition and enforcement) act, 1961 seeking the stay of the proceedings in the suit and praying for vacating the interim ..... of the act there were separate statutes governing the international arbitration and domestic arbitration, namely, the arbitration (protocol and convention) act, 1937 (6 of 1937), the arbitration act, 1940 (10 of 1940) and the foreign awards (recognition and enforcement) act, 1961 (45 .....

Aban Loyd Chiles Offshore Ltd. and anr. Vs. Union of India (Uoi) and o ...

Court : Supreme Court of India

Reported in : 2008(128)ECC213; 2008(154)LC213(SC); 2008(227)ELT24(SC); JT2008(5)SC256; 2008(6)SCALE128; (2008)11SCC439

..... over which the coastal state has complete control and has sovereign right to extend its fiscal laws to such an area with or without modifications and the stores were consumed in the area to which the customs act has been extended, reference or reliance to the vessel being a foreign going vessel shall be of no consequence and the customs duty would be leviable as the goods are consumed within the territory to which the ..... defines 'india' as under:'india' includes the territorial waters of india.this definition under the customs act is relevant for the purposes of the customs act only.relevant provisions of customs act, 1962(iv) section 2(21) assigns the following meaning to the 'foreign going vessel or aircraft': -foreign-going vessel or aircraft' means any vessel or aircraft for the time being engaged in the carriage of goods or passengers between any port or airport in india and any port or airport outside ..... . that since, there has been no change in the definition of the expression 'foreign-going vessel' in the customs act, and this definition continues to utilize the expression 'outside the territorial waters of india', the mere fact that the provisions of the customs act have been extended to the continental shelf and exclusive economic zone makes no difference to the appellants entitlement for exemption from payment of duty .....