Judgment Search Results Home > Cases Phrase: foreign recruitment act 1874 Page 1 of about 4,895 results (0.094 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. .....

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. .....

Saudi Arabia Vs. Nelson

Court : US Supreme Court

..... b by the same token, however, the nelsons' claims alleging that the hospital, the kingdom, and royspec were negligent in failing during their recruitment of nelson to warn him of foreseeable dangers are based upon commercial activity having substantial contact with the united states. ..... the only reasonable reading of the former term calls for something more than a mere connection with, or relation to, commercial activity.4 in this case, the nelsons have alleged that petitioners recruited scott nelson for work at the hospital, signed an employment contract with him, and subsequently employed him. ..... in which the action is based upon a commercial activity carried on in the united states by the foreign state; or upon an act performed in the united states in connection with a commercial activity of the foreign state elsewhere; or upon an act outside the territory of the united states in connection with a commercial activity of the foreign state elsewhere and that act causes a direct effect in the united states. ..... under this view, the court would then work its way back to the recruiting and hiring activity in order to establish that the commercial conduct in fact had "substantial contact" with the united 365 states ..... if a private company with operations in saudi arabia would be obliged in the course of its recruiting activities subject to state law to tell a prospective employee about the risk of arbitrary arrest and torture by saudi authorities, then so would king faisal specialist hospital .....

Vance Vs. Bradley

Court : US Supreme Court

..... in arguing that 632 easily satisfies this standard, the appellants submit that one of their legitimate and substantial goals is to recruit and train and to assure the professional competence, as well as the mental and physical reliability, of the corps of public servants who hold positions critical to our foreign relations, who more often than not serve overseas, frequently under difficult and demanding conditions, and who must be ready for such ..... 93 appeal from the united states district court for the district of columbia syllabus section 632 of the foreign service act of 1946, which requires persons covered by the foreign service retirement system to retire at age 60, though no mandatory retirement age is established for civil service employees, including those who serve abroad, held not to violate the equal protection component of the due process ..... as this court has previously observed with respect to the selection-out structure provided by congress for naval officers, which was the model for the foreign service act of 1946, the scheme "results in a flow of promotions commensurate with the navy's current needs and serves to motivate qualified commissioned officers to so conduct themselves that they may realistically look forward to higher levels ..... express evidence that congress predicated early mandatory retirement on this theory came during the 1924 debates on the foreign service act, when one congressman noted the hardships of the transient life and of service in the tropics. .....

World Tanker Carrier Corporation Vs. Snp Shipping Services Pvt. Ltd. a ...

Court : Supreme Court of India

Reported in : AIR1998SC2330; 1998(3)ALLMR(SC)640; JT1998(3)SC468; 1998(3)SCALE165; (1998)5SCC310; [1998]2SCR1032

..... a limitation action in admiralty jurisdiction cannot be filed in a court where a part of the cause of action arises when all claimants who are defendants to the action are foreigners who reside outside india, who do not carry on business in india and who have not submitted to the jurisdiction of any court in india, and have not filed a liability action here and are not likely to ..... under principles of private international law, a court cannot entertain an action against a foreigner resident outside country or a foreigner not carrying on business within the country, unless he submits to the jurisdiction of the ..... action is not directed against the ship nor can the action be instituted by the arrest of the foreign vessel present in the territorial waters of the country where the action is instituted. ..... the only act of management in bombay is said to be the recruitment of the ..... a foreign ship on the high seas, or her foreign owners or their agents in a foreign country, are not deprived of rights by our statutory enactment expressed in general terms unless it provides that a foreign ship entering an indian port or territorial waters and thus coming within the territorial jurisdiction is to be covered....without anything more indian statutes are ineffective against foreign property and foreigners outside the ..... all the claims against kara mara have been filed in foreign courts and the claims which have now been filed before the bombay high court are not the claims which can be subjected .....

Snp Shipping Services Pvt. Ltd. and Others Vs. World Tanker Carrier Co ...

Court : Mumbai

Reported in : AIR2000Bom34; 2000(1)BomCR511; (2000)1BOMLR56; 2000(2)MhLj570

..... under principles of private international law, a court cannot entertain an action against a foreigner resident outside the country or a foreigner not carrying on business within the country, unless he submits to the jurisdiction of the court here. ..... a limitation action is not directed against the ship nor can the action be instituted by the arrest of the foreign vessel present in the territorial waters of the country where the action is instituted. ..... and the only act of management in bombay is said to be the recruitment of the crew. ..... therefore snp would be carrying on business in contravention of the foreign exchange regulation act, 1947, the income tax act, 1961 and the securities and exchange board of india act, 1992. ..... all the claims against kara mara have been filed in foreign courts and the claims which have now been filed before the bombay high court are not the claims which can be subjected to limitation.41. ..... it is further held that the evidence reveals that the defendants foreign litigation campaign was specifically designed and calculated to deprive the new orleans court of its proper jurisdiction by seeking injunctions against wtcc in suits brought in bad faith in hong kong and india. ..... snp, inter alia, act as managers of various foreign flag vessels, for which purposes, various management agreements are entered with the owners/charterers, as the case may be, of these foreign vessels. .....

Snp Shipping Services Pvt. Ltd. Vs. Kara Mara Shipping Co. Ltd. and or ...

Court : Mumbai

Reported in : AIR2000Bom57; (1997)3BOMLR651; 2000(1)MhLj699

..... belongs are domiciled outside india and out of the entire body of persons/companies falling within the term 'owner' under section 352f, only one manager is an indian company, and the vessel is registered in the foreign country'. the final verdict, therefore, having been given by the apex court that bombay high court cannot be considered as the domiciliary court of the owners of ya mawlaya which includes snp shipping as well, ..... only act of management in bombay is said to be the recruitment of ..... to set up a limitation fund is a right which is common to all persons coming within the category of 'owner' under section 352f and a common limitation fund has to be set up, an act of management only by one of the 'owners' when all the other owners are outside the jurisdiction of the bombay high court and all their acts are outside the jurisdiction of the bombay high court, will not be sufficient to confer jurisdiction. ..... owners, all of whom are foreigners or foreign companies. ..... transposed as plaintiffs are foreign companies or foreigners. ..... the apex court did consider this fact and also observed that the plaintiffs intended to seek anti-suit injunction in respect of all pending litigations against it in foreign court. ..... outside india and out of the entire body of persons/companies falling within the term 'owner' under section 352f, only one manager is an indian company, and the vessel is registered in a foreign country.' 7. ..... managers are also foreign companies. ..... vessels are also foreigners. ..... foreigners .....

Suman Devi Vs. The State Of Uttarakhand

Court : Supreme Court of India

..... regarding their right to be appointed according to batch wise seniority, it is noticeable that by rule 5 of the old 1997 rules, as amended, as well as in the 2016 rules, there is no automatic recruitment; the post of health worker/anm is to be filled by direct recruitment; the selection procedure is as contemplated by rule 15 (as was the case under the old rules), whereby a three member selection committee would recommend for selection, having due regard to the year-wise ..... narration, it is evident that in the present case, before the formation of the state of uttarakhand, rules which governed recruitment and other conditions of service in relation to health workers and anms had been framed by the erstwhile state of uttar ..... writ petitions were preferred before the uttarakhand high court, questioning the advertisement and seeking a direction that the recruitment, to the extent it was contrary to the rules (as it had not specifically stipulated that candidates with science in the school were eligible, and ..... after a specified date, shall be a recognised qualification for the purposes of this act; provided that no declaration shall be made under this sub-section in respect of any qualification unless by the law and practice of the foreign country in which the qualification is granted persons domiciled or originating in india and holding qualifications recognised under this act are permitted to enter and practice the nursing profession in that country; provided further .....

Eastman Consultants P. Ltd. Vs. Central Board of Direct Taxes and Anot ...

Court : Mumbai

Reported in : (1981)24CTR(Bom)140; [1981]132ITR637(Bom); [1981]7TAXMAN93(Bom)

..... mere supply of particulars or bio-data of various indians willing to work abroad and their selection or recruitment accordingly in india is a situation falling for too short of the requisites necessary for attracting the benefits of this section. ..... in several letters-cum-agreements the foreign employers have asked and/or authorised the assessee to itself select and recruit candidates in india and in some cases the assessee is asked to keep candidates ready for interview in india by a representative of the foreign employer. ..... thereafter, selection is also made in india itself and that too, in most cases, by the assessee itself and, at times, by a representative of the foreign employer coming to india for that purpose. ..... section 80-o of the act provides for concessional tax treatment. ..... the assessee has been acting, in substance, as a mere employment or recruiting bureau. ..... act (hereinafter 'the act'). ..... 80-o the act to camouflage the true nature of one's work cannot be encouraged.4. ..... 80-o of the act. .....