Court : Mumbai
Decided on : Feb-24-2014
..... some time to consider their position. the petition was however withdrawn 'with liberty'. 9. in our opinion, since there is no serious denial to the amended pleadings and there is reference to 'liberty' in the order dated 04.01.2010, it may not be appropriate to non suit the petitioners at the ..... petitioners in both the petitions have made the following submissions in support of their petitions:- (a) the dicgc, has incorrectly interpreted the provisions of the said act. the correct interpretation would require the dicgc to treat each of the numerous small investors /depositors who have invested / deposited amounts with the petitioner societies as ..... for appreciating the setting in which the aforesaid challenges arise are that the petitioners are credit societies registered under the provisions of the maharashtra co-operative societies act, 1960; the petitioners have invested / deposited a sum of rs.1805.60 lakhs and rs.332.88 lakhs respectively with vasantdada shetkari sahakari bank limited, .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-22-2014
..... share subscription agreement and submits that part i is thus explicitly excluded except section 9 and thus the law governing the arbitration in no case would be indian arbitration act except section 9. it is submitted that judgment of supreme court in case of national thermal power corporation (supra) would squarely apply to the facts ..... international arbitration centre in accordance with the singapore international arbitration rules which rules are deemed to be incorporated by reference into this clause and as may be amended by the rest of this clause. clause 16.1.2 provides that the seat of arbitration shall be singapore. clause 16.4 provided that except section ..... and/or modify the interim award. the emergency arbitrator gave direction that the hearing would proceed as scheduled. on 27th july, 2012, the emergency arbitrator passed amendment to the interim award sha and ssa award based on subsequent events and granted further reliefs to the petitioner. (w) on 30th july, 2012, the petitioner .....
Tag this Judgment!Court : National Consumer Disputes Redressal Commission NCDRC
Decided on : May-06-2014
..... carrying vehicle and light goods-carrying vehicle. 9. in this regard, it shall be worthwhile to have a look at the provisions contained in the motor vehicles act, 1988 as amended from time to time and the central motor vehicles rules, 1989 concerning the definition of the motor vehicles, both transport and non-transport, and then to examine ..... the supreme court in the case of national insurance co. ltd. versus annappa irappa nesaria and ors.? [reported in iv 2008 acc (169) sc.]. after the amendment that had taken place in the central motor vehicles rules in the year 2001, it was mandatory to have an endorsement on the licence to the effect that the ..... at the provisions, governing the grant of licence to drivers of motor vehicles. 10. section 2(21) of the motor vehicles act, 1988 states as follows:- (21) light motor .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
Decided on : May-28-2014
..... the eia has only thereafter recommended the grant of environmental clearance for the project as per the provisions of eia notification, 2006 and its subsequent amendments, subject to strict compliance of the terms and conditions as envisaged in the impugned order. the present respondent hereby undertakes that it will comply ..... in developing cleaner environment throughout the country, more particularly in the region since 2004 and an i.s.o 9001 certified company having bureau of indian standards (bis) accreditation and having laboratory facilities accredited by national accreditation board for testing and calibration laboratories (nabl) and the department of science and ..... that construction of the airport is in violation of the provisions of the kerala conservation of paddy and wet land act, 2008, kerala land reforms act, 1963, environment protection act, 1986, land acquisition act etc are false and denied in toto. in any event, the present tribunal is not concerned with alleged violations .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad
Decided on : Apr-11-2014
..... .1. i have carefully considered the submissions from both sides and perused the records. the import has taken place in year 1995. there was amendment to section 27 of the customs act, 1962 w.e.f. 1-8-1998 incorporating the provisions that consequent to finalization of provisional assessment, the assessee was required to make the ..... claim of refund within one year from the date of finalization of the provisional assessment. there have been amendment to the provisions of section 18 of the customs act, 1962 w.e.f. 14-7-2006 incorporating unjust enrichment provisions in respect of refund arising out of provisional assessment. 6.2. ..... accepted. merely because the departmental authorities took a long time to process the application for refund, the right of the appellant does not get defeated by the subsequent amendment made in sub-rule (5) of rule 9b. the commissioner of central excise and the cegat were, therefore, justified in holding that the claim for refund .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Mar-12-2014
..... is no need for us to repeat the reasoning which is fully set out in the judgment of chadwick lj. 14. under the rules as amended when the mental capacity act 2005 came into force (the civil procedure (amendment) rules 2007 (si 2007/2204 (l20)), "patients" in rule 21.1(1)(a) has been replaced by "protected parties", and in rule ..... civil procedure rule committee power to make rules governing "the practice and procedure" to be followed in the civil courts and as further provided in schedule 1 to the act. paragraph 4 of that schedule provides that the rules may modify the rules of evidence, thus showing that where it is intended that the rules could modify the substantive ..... a child or patient has a litigation friend, shall be of no effect, unless the court otherwise orders'". kennedy lj went on to say that "provided everyone has acted in good faith and there has been no manifest disadvantage to the party subsequently found to have been a patient at the relevant time i cannot envisage any court .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Mar-05-2014
..... the carrier is a community air carrier. generally the montreal convention has force in the uk by virtue of section 1 of the carriage by air act 1961 as amended, but not in relation to community air carriers to the extent that the montreal regulation has force in the uk: section 1(2) of the 1961 ..... level 5 on the standard scale. the maximum level 5 fine on summary conviction is currently 5,000: criminal justice act 1982, as amended, section 37. there will be no maximum limit when the legal aid, sentencing and punishment of offenders act 2012, section 85, comes into effect. 13. regulation 9 is headed "compensation claims by disabled persons etc." it ..... act. the montreal regulation has direct effect in the uk by virtue of section 2 of the european communities act 1972. the montreal regulation followed the conclusion of the montreal convention. .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-30-2014
..... (2) of section 143 after the expiry of twelve months specified in the proviso to subsection (2) of section 143, as it stood immediately before the amendment of said subsection by the finance act, 2002 (20 of 2002) but before the expiry of the time limit for making the assessment, reassessment or recomputation as specified sub-section (2) of section ..... mind. it is well known that a presumption can also be raised to the effect that in terms of clause (e) of section 114 of the indian evidence act the judicial and official acts have been regularly performed. if it be held that an order which has been passed purportedly without application of mind would itself confer jurisdiction upon the assessing ..... not valid. the said decision was affirmed by the supreme court in cit v. lucas t.v.s. ltd. [2001] 249 itr 306/117 taxman 366. 27. in indian and eastern newspaper society v. cit [1979] 119 itr 996/2 taxman 197 the supreme court held that the opinion of the internal audit party at a point of law .....
Tag this Judgment!Court : Chhattisgarh
Decided on : Dec-05-2014
..... are entitled to be benefits of contributory provident fund and respondent-raipur development authority is exempted from the provisions of epf act, 1952. (3.13) thereafter, the petitioner by order dated 27.10.2014 amended the writ petition inserting paragraph 9.6 in the petition stating inter alia that state of chhattisgarh has framed the ..... present governed by the pension rules shall continue to get pension benefits. (22) the above quoted rule framed under the act of 1987 clearly provides that contributory provident fund rules, prescribed by the state government as amended from time to time shall be applicable to the authority-employees (rda employee). (23) the madhya pradesh contributory provident ..... 1952. further in 1988, clause (b) of section 16(1) of the epf act, 1952 was substituted by new clauses (b),(c) and (d). amended provision of section 16(1)(c) provides as under:- 16.act not to apply to certain establishments.- (1) this act shall not apply- (a) xxx xxx xxx (b) xxx xxx xxx (c) .....
Tag this Judgment!Court : Gujarat
Decided on : May-06-2014
..... y.2001-02 got carried forward to the assessment year 2002-03 and became part thereof, it came to be governed by the provisions of section 32(2) as amended by finance act, 2001 and were available for carry forward and set off against the profits and gains of subsequent years, without any limit whatsoever." 13. on such basis, the ..... to an assessee on 1st day of april 2002 (a.y. 2002-03) will be dealt with in accordance with the provisions of section 32(2) as amended by finance act, 2001. and once the circular no.14 of 2001 clarified that the restriction of 8 years for carry forward and set off of unabsorbed depreciation had been dispensed ..... profits and gains of business or profession for any previous year, deduction of depreciation under section 32 shall be mandatory. therefore, the provisions of section 32(2) as amended by finance act, 2001 would allow the unabsorbed depreciation allowance available in the a.y. 1997-98, 1999-2000, 2000-01 and 2001-02 to be carried forward to the succeeding .....
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