Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 9 amendment of section 8 Sorted by: old Year: 2005 Page 100 of about 1,167 results (0.435 seconds)

indu Dhawan (Smt.) Vs. Bhanupriya Naik @ Bhanupriya Khuntia and ors.

Court : Orissa

Reported in : I(2007)ACC271

..... registration no. orc 7319, one parsuram nayak sustained grievous injuries and succumbed to the same. on the basis of two claim petitions filed under section 110a of the motor vehicles act, one by the widow of the deceased, and the other by the widowed mother and sister of the deceased, two miscellaneous cases being numbered as 622 of 1987 and 103 .....

Electrical Engineering Agencies and anr. Vs. New India Assurance Compa ...

Court : Karnataka

Reported in : III(2006)ACC391; 2006ACJ1957

K. Sreedhar Rao, J.1. The petitioner in M.V.C. No. 2805 of 1998 sustained personal injuries in the motor vehicle accident. The Tribunal awarded compensation of Rs. 72,000/- with interest at 8% p.a., from the date of petition till payment. The Tribunal directed the owner of the motor-cycle to pay the compensation. The claim against the insurer is dismissed on the ground that the driver had no driving licence but the driver holding only the learner's licence. The owner and rider of the motor-cycle are in appeal seeking avoidance of the liability and fastening the liability on the insurer. 2. The facts disclose that the owner and rider of the vehicle have participated in the proceedings before the Tribunal. It is not established by the rider and a owner that the learner's licence conditions were duly complied while getting the vehicle. There is no evidence to show that the instructor was accompanying the rider. Therefore, the owner and driver cannot avoid liability. The rule of 'pay and r...

Pacific Convergence Coproation Ltd. Vs. Data Access (India) Limited

Court : Delhi

Reported in : I(2006)BC288; 125(2005)DLT337; 2005(85)DRJ701

..... against the respondent company (hereinafter referred to as `the company') which is an indian company having its registered office in new delhi, praying for its winding up under sections 433(e) and 434 of the companies act 1956 (for short `the act'). the ground for winding up is the debt allegedly owed by the company to ..... installments and were secured by a first charge on the assets/properties specified under the hypothecation agreements dated 24th may and 24th july, 2000 respectively as amended by the amendment agreements dated 15th january and 10th april, 2002. as per the repayment schedule prescribed under the loan agreement i, the payments were to be made ..... petitioner at the request of the company in favor of the other creditors. this is evident from the recital f to the amendment agreement dated 5th january, 2002 and recital e to the second amendment agreement dated 10th april, 2002. the security presently available to the petitioner, post the dilutions inducted by the company, is .....

Lalitkumar D. Thakkar Vs. Controlling Authority and Asstt. Labour Comm ...

Court : Gujarat

Reported in : (2006)IILLJ938Guj

..... definition of an employee but that he falls within the definition of employer. the controlling authority has completely overlooked the fact that the definition of the employee was amended by the amending act 34 of 1994 which came into effect on 24.05.1994 whereby the ceiling of the salary in the definition of employee was wholly omitted and further that by ..... mr. mankad has further relied on the decision of the hon'ble supreme court in the case of j.k. industries limited and ors. v. chief inspector of factories and boilers and ors., (1996) 6 s.c.c. 665 wherein the hon'ble supreme court has observed while dealing with the word occupier of a factory, that the occupier of ..... has also come up for consideration before the hon'ble supreme court in the case of indian oil corporation limited v. chief inspector of factories and ors., : (1998)iillj604sc wherein it is held that for the purpose of section 2(n) of the factories act what is to be seen is who has the ultimate control over the affairs of the .....

Claridges Hotel Pvt. Ltd. Vs. Sales Tax Officer

Court : Delhi

Reported in : 125(2005)DLT445; 2005(85)DRJ580

..... overcome the difficulties arising from the afore-mentioned decisions and other decisions in relation to taxability of works contract, the parliament enacted the constitution (forty-sixth amendment) act, 1982. the amendment, as is evident from the statement of objects and reasons was intended, inter alia, to widen the scope of the expression 'tax on the sale ..... of the amount is maintainable neither before the respondents nor even before this court. 15. independent of the provisions of the the constitution (forty-sixth amendment) act, 1982 also the petitioner's claim for refund is untenable having regard to the fact that the petitioner has passed on the burden of the tax ..... of punjab : [1985]2scr72 .an identical question was considered by a division bench of this court comprising j.s.verma and a.s. anand, jj., in indian oil corporation v. municipal corporation, jullundhar : air1993sc844 with respect to entry tax itself. after holding that the levy of duty was not justified in law, the bench .....

Official Liquidator of John Galt Laboratories Ltd. (In Liquidation) Vs ...

Court : Mumbai

Reported in : [2006]133CompCas258(Bom); [2007]74SCL129(Bom)

..... five years is given to the official liquidator to complete his investigation and to file these proceedings for recovery. here, there was no effort even to amend the original proceedings in the light of material discovered in report of the subsequent chartered accountant. it is more than obvious that recovery discovered after expiry of ..... property of the company. though the directors and the managing director fall within the category of the officers as defined under section 2(30) of the act, yet unless the individual responsibility is identified and established it would be difficult for this court to grant appropriate reliefs to the petitioner. the only documents ..... them to compensate. therefore any misfeasance or misconduct without resulting in loss to the company cannot be successfully pressed into service under section 543 of the act.after scanning through the evidence adduced on behalf of the parties, i find that the petitioner has not been able to establish that the respondents either .....

Federal Bank Limited Vs. Sri. John Thomas and anr.

Court : Kerala

Reported in : AIR2006Ker86; II(2006)BC411; [2006]132CompCas855(Ker)

..... supra), quoting from the decision in hitendra vishnu thakur v. state of maharashtra : 1995crilj517 the supreme court summarised the law relating to the ambit and scope of amending act and its retrospective operation as follows (para 27 of air) :26. in hitendra vishnu thakur v. state of maharashtra : 1995crilj517 , this court laid down ..... 19(8) also) shall be accompanied by a paper book containing details of the crossed demand draft or crossed indian postal order representing the application fee. here also the words 'shall be accompanied' necessarily connotes a prospective operation and not a retrospective operation. as such ..... be reviewed;(ii) all documents relied upon by the applicant and those mentioned in the application;(iii) details of the crossed demand draft or crossed indian postal order representing the application fee;(iv) index of documents.it says that an application under section 19 (which should include an application under section .....

Abdul Salam S/O Sheikh Rahim (Died) Through Lrs. Salma Begum W/O Abdul ...

Court : Mumbai

Reported in : 2006(2)ALLMR549; 2006(3)BomCR700; 2006(2)MhLj277

..... which is said to have been entered into by defendant no. 1 with the plaintiff is void in view of sections 10 and 25 of the indian contract act, 1872 (for short, the contract act). he contended that defendant no. 3 is a bona fide purchaser of the suit house for value without notice. he contended that both the courts ..... also suffers from the vice of exercise of such jurisdiction as did not vest in the high court under the law. under section 100 of the civil procedure code (as amended in 1976) the jurisdiction of the high court to interfere with the judgments of the courts below is confined to hearing on substantial question of law. interference with ..... earnest amount was paid nor the agreement of sale was reduced into writing signed by the parties in accordance with the provisions of sections 10 and 25 of the contract act.11. the essential requirements are crystallized by the apex court in the case of shrimant shamrao suryavanshi and anr. v. pralhad bhairoba suryavanshi reported in : [2002] .....

Asiatic Industrial Gases Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT

..... liability it is wholly immaterial whether an agreement was void or voidable. moreover even though the provisions of section 27 of the contract act have not been amended, yet the finance act, 2002 specifically provided that such receipts would be considered as "income" under section 2(24) read with section 28(va). we ..... received for accepting restrictive covenant is a revenue receipt. in this appeal, therefore, we have to decide the question of taxability of such compensation independent of provisions of the indian contract act.cit v. best & co. (p.) ltd. , kettlewell bullen & co. ltd. v. cit , madras high court in the case of cit v. saraswathi ..... are therefore of the view that the question of taxability of amount received by an assessee under a restrictive covenant has to be decided independent of section 27 of the indian contract act .....

Ms. Payal Kapur Vs. Asstt. C.i.T.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)104TTJ(Delhi)690

..... was also paid for certain., changes made in jva on account of replacement of gillette by newell rubbermaid and in this connection, reference was made to amended clause 2.2 and new products were introduced alter newell joined in joint venture. we are unable to find any substance in this contention.in the notice ..... instruments and stationery products through a company called m/s g.m. pens international ltd. the reynolds branded products have been our major competitors in the indian market and therefore the sale, of your writing instruments and stationery products business to newell rubbermaid would be direct and material breach of your commitments made not ..... carrying business or profession and, since receipt arose from the material breach of joint venture agreement, it was exigible to tax. under section 28(i) of the act. it was. further held that members of jain group through the instrument of joint venture agreement, not only contributed to the formation, promotion and financing of .....