Court : Kolkata
..... in those paragraphs the supreme court had considered the judgment in amratlal prajivandas (supra) and held as follows: we are, therefore, clearly of the opinion that under the scheme of the act, there is no requirement on the part of the competent authority to mention or establish any nexus or link between the money of the convict or detenu and the property sought to be forfeited. ..... ) supreme court cases 427 was recorded as is reproduced below : the petitioner has challenged the order dated 7th december, 2009 made by the appellate tribunal for forfeited property constituted under the smugglers and foreign exchange manipulators (forfeiture of property) act, 1976 whereby the order of forfeiture of the petitioner s properties made by the competent authority was upheld. ..... amratlal prajivandas reported in air1994sc2179 in particular paragraph 43 thereof to submit that the said court had interpreted the said act, inter alia, as follows : .the idea is not to forfeit the independent properties of such relatives or associates which they may have acquired illegally but only to reach the properties of the convict/detenu or properties traceable to him, .....
Tag this Judgment!Court : Kolkata
..... .day lawson ltd.versus jindal exports ltd.reported at 2011(8) scc333is cited to show that section 49 which deals with enforcement of the foreign award makes a radical change and under the present law the award itself would be deemed to be a decree of the court. ..... therefore, the defendant if wants to rely on a foreign award, can only do so by enforcing the provisions of the arbitration and conciliation act and, this application cannot be used to bypass the provisions of sections 47 to 49 of the act and obtain enforcement of an award without filing an application for enforcement ..... lal mahal limited (supra) and brace transport corporation (supra) were distinguished by submitting that the enforcement of an award can only be in the manner provided for in the arbitration and conciliation act, 1996 and a foreign award may act as shield as recognition of the said award. ..... the issue of res judicata raised by the defendant on the basis of issues purportedly decided on a foreign award cannot be a ground for dismissal of the suit or rejection of the plaint as such issue has to be factually determined on the basis of the evidence, and in any event, the same is a subsequent ..... other words, a letters patent appeal would be excluded by the application of one of the general principles that where the special act sets out a self-contained code the applicability of the general law procedure would be impliedly excluded .. ..... convention) act, 1937 and the foreign awards (recognition & enforcement) act, 1961 .....
Tag this Judgment!Court : Kolkata
..... it is also necessary to mention section 46 of the act which says that when a foreign award is enforceable under this chapter it shall be treated as binding for all purposes on the persons between whom it was made ..... section 49 states that when the court is satisfied that the foreign award is enforceable under this chapter, the award shall be deemed to be a decree of the court ..... (see paragraph-118 of award) a foreign award can be challenged on the ground of invalidity under section 48(a) of the arbitration and conciliation act, 1996. ..... this award is a foreign award under the description of new york convention awards under chapter i part ii of the arbitration and conciliation act, 1996. ..... ec no.311 of 2013 in an execution application to enforce a foreign arbitral award dated 23rd february, 2013, in favour of the petitioner, the judgement debtor has taken various points to challenge this award under part-ii chapter-i of the arbitration and conciliation act, 1996. ..... however, when it came to attacking a foreign award on this ground, the same court in shri lal mahal limited versus progetto grano spa reported in (2014) 2 scc433held that this ground was very ..... if we consider the language of section 7 of the arbitration act, 1996, it describes an arbitration agreement as an agreement by the parties to submit to arbitration disputes arising out of a defined relationship whether it was contractual or ..... enforcement of foreign award could only be refused if its enforcement would be contrary to .....
Tag this Judgment!Court : Kolkata
..... submitted that the affidavit disclosed in this proceedings would not show that any real challenge is thrown to the enforcement of the foreign award inasmuch as, according to the learned senior counsel, no application has been filed by the respondent taking objection to the ..... mr.bose has referred to the earlier act regarding enforcement of foreign award, namely foreign awards (recognition and enforcement) act, 1961 and submitted that the preamble of the present act would show that the legislature, after reviewing all the existing legislations on the subject, has passed a consolidated statute so that under one umbrella all these ..... counsel has also referred to section 49 which states that where the court is satisfied that the foreign award is enforceable under this chapter namely part ii, the award shall be deemed to be a ..... it is submitted that the preamble of the act coupled with the provisions mentioned in part ii of the said act would clearly show that on fulfillment of the conditions in part ii legislature wants to ensure due enforcement of foreign awards and the court should be inclined in favour of enforcement of ..... however, since the court is required to be satisfied about the maintainability of the petition, in view of section 47 of the said act, i feel, irrespective of filing an objection as to the maintainability of the said petition insofar as it relates to a legal submission touching on the validity and enforceability of the award, a party is entitled to raise such objection .....
Tag this Judgment!Court : Kolkata
..... the court: the petitioners have challenged the order dated 02/05-082013 issued by the assistant director general of foreign trade whereby and whereunder the petitioner company and its directors are placed under the denied entry list for denial of future exempt benefits under the foreign trade (development and regulation)act, 1992. .....
Tag this Judgment!Court : Kolkata
..... is dealing with individuals in transactions of sales and purchase of goods, the two important factors are that an individual is entitled to trade with the government and an individual is entitled to a fair and equal treatment with others.a duty to act fairly can be interpreted as meaning a duty to observe certain aspects of rules of natural justice. ..... the petitioners were blacklisted on the ground that there were proceedings pending against the petitioner for alleged violation of provisions under the foreign exchange regulation act. 17. ..... to decline to enter into a contractual relationship with a person or a class of persons for a legitimate purpose has been upheld with the caveat that the only legal limitation upon the exercise of such an authority is that state is to act fairly and rationally without in any way being arbitrary . ..... that whenever any action of the state or any of its instrumentalities has the effect of prejudicing a person, the person has to be afforded a previous opportunity to present such person s version before the state can resort to the act resulting in the person being prejudiced. ..... in passing an order of blacklisting the government department acts under what is described as a standardised code. ..... sometimes duty to act fairly can also be sustained with providing opportunity for an oral hearing. .....
Tag this Judgment!Court : Kolkata
..... the deputy sheriff is directed to take up the matter with the department of posts as well as foreign postal administration of bangladesh in order to ascertain the delivery of the article dispatched on 4th september, 2012. ..... the communication from the postal authorities further shows that the enquiry is under process and further information in this regard would be communicated as soon as they receive an intimation from foreign postal administration of bangladesh. ..... department and all parties are to act on a signed photocopy of this order on the usual undertakings. .....
Tag this Judgment!Court : Kolkata
..... a dispute between the writ petitioners and the municipal authority where the presence of the applicant, in my view, is not needed, as it can neither support not oppose the impugned municipality action, not foreign issue can be introduced in this proceeding at the instance of a party to whom the notice to stop work is not addressed. ..... syed amir ali avenue as the municipal authority was of the view that the construction was allegedly raised by the petitioner in violation of the condition of sanction and in breach of the provisions of the act, without specifying as to which of the eight conditions as mentioned in the sanction was violated or as to the provisions of the act which, in fact, was violated by the petitioners in the process of raising such construction. ..... the legality and/or validity of the notice issued by the municipal authority under section 401 of the kolkata municipal corporation act, 1980 is under challenge in this writ petition at the instance of the petitioner. ..... subsequently, a notice under section 401 of the kolkata municipal corporation act, 1980 was served upon the petitioners whereby the petitioners were called upon to stop all constructional works forthwith at the said premises namely premises no.9/1, syed amir ali avenue ..... it has not been specified as to which one of these conditions was violated by the petitioners.the municipal authority has also not specified as to which provision of the act was violated by the petitioner in the process of such construction. .....
Tag this Judgment!Court : Kolkata
..... next annual accounts of the company, the information that the wife of the managing director of the company accompanied the managing director in course of a foreign visit which, according to the company, was necessary for the purpose of promoting the company's business overseas. ..... any event, the petitioners submit that neither the share- holders nor any other person has been prejudiced by the acts complained of and if there was any default on the part of the petitioners it was by oversight and not ..... 12 charges against the petitioners is for the alleged violation of the provisions of section 176(2) of the act in the company notices for general meetings not showing with sufficient clarity that the shareholders were entitled to attend ..... by the petitioners on behalf of the company, the charge levelled under sections 269 and 309 of the companies act against the petitioners is required to be dropped and the registrar is directed not to launch any criminal proceedings ..... the first charge is in a notice dated april 28, 2011 and alleges violation of the provisions of 300(1) of the companies act in one or more of the company's directors being present at the time an item of business in which such directors were personally interested ..... registrar under section 269 read with section 309 of the companies act relating to the disclosure omitted to be made by the company relating to the wife of the managing director of the company accompanying the managing director in course of a company-paid foreign visit. .....
Tag this Judgment!Court : Kolkata
..... if a transaction takes place by way of sale or otherwise in a shop or establishment situate in india involving clearance at any customs station as defined in the customs act and at the same time, the reserve bank of india treats such transaction in lieu of indian currency as convertible foreign exchange for the purposes of the foreign exchange regulation act, 1973 (46 of 1973), and any rules made thereunder, the transaction should be treated as export out of india for the purpose of section 80hhc ..... transaction by way of sale or otherwise, in a shop, emporium or any other establishment situate in india, not involving clearance at any customs station as defined in the customs act, 1962 (52 of 1962); (b) "export turnover" means the sale proceeds received in, or brought into, india by the assessee in convertible foreign exchange in accordance with clause (a) of sub-section (2) of any goods or merchandise to which this section applies and which are exported out of india, but does not include ..... the assessee to the general manager of the reserve bank of india to issue a certificate showing that the payments made in indian rupees to the hotels by foreign airlines and diplomats are being treated by reserve bank as convertible foreign exchange for the purpose of foreign exchange regulation act, 1973 and the rules made thereunder as also the foreign exchange management act, it appears that the assistant general manager, foreign exchange department has written a letter dated november 7, 2005. .....
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