Judgment Search Results Home > Cases Phrase: indian railway companies act 1895 Court: delhi Page 93 of about 10,415 results (0.913 seconds)

Naveen JaIn Vs. Commissioner of Customs

Court : Delhi

Reported in : 2002(79)ECC425; 2001(134)ELT32(Del)

..... purpose of being landed at a place other than a customs port;(d) any goods which are imported or attempted to be imported or are brought within the indian customs waters for the purpose of being imported, contrary to any prohibition imposed by or any other law for the time being in force;(e) any dutiable ..... penalty. by order-in-original, dated 8th september, 1999, the adjudicating authority imposed a penalty of rs. 5 lakhs on the applicant under section 112(a) of the act. penalty imposed was challenged before the customs, excise and gold (control) appellate tribunal (in short 'tribunal'). two pleas were essentially raised before the tribunal. first was ..... employ the words 'dutiable or prohibited' and only clause (o) of section 111 deals with the goods exempted from customs duty ?5. whether the courts below have acted without jurisdiction ?'2. factual background in which the application has been filed is as follows:applicant was issued a show cause notice by the commissioner of customs, air .....

Dr. B. Mohanty Vs. Tata Sons Ltd. and anr.

Court : Delhi

Reported in : 130(2006)DLT116; (2006)144PLR16

..... the same shall be referred to a person to be nominated by the parties hereto. such references shall be deemed to a submission to arbitration under the indian arbitration act, 1940 or of any modification or re-enactment hereof. the venue of arbitration shall be bombay. subject hereto the court in bombay shall have exclusive ..... that the court had no jurisdiction to try and entertain the suit because no cause of action arose at delhi. secondly, the suit was barred under the indian administration act, 1940 of or any modification or re- enactment thereof, because there was an arbitration clause and reproduced clause 4 of the agreement in the written statement ..... agreement of the parties regarding the jurisdiction of the courts. thereforee, in my view, this matter is not hit by section 8 of the arbitration and conciliation act, 1996. the jurisdiction and arbitration clause between the parties is reproduced hereunder : -4. in the even of any dispute or disagreement over the interpretation of any .....

Dlf Ltd. Vs. Union of India and ors.

Court : Delhi

..... of natural persons is put in place. once such an agreement is in place, and then indian engineer would be allowed in wto member countries, and similarly for medical field as well as for real estate services, whereby indian real estate companies may be permitted to carry on real estate business in such nations. all this has no ..... ganesh, learned senior counsel appearing for the petitioner first urges that the impugned show cause notices dated 16th july 2007 under sections 9(2) and 9(4) ftdr act are misconceived and untenable in law since according to the petitioner the two dfce certificates dated 4th february 2005 and 9th january 2006 were not licences within the meaning ..... . the other questions are whether the duty free scrip is a licence within the meaning of section 2 (g) of the foreign trade (development and regulation) act 1992 and whether the show cause notices dated 16th july 2007 sent to the petitioner by the jdgft proposing cancellation of the duty free scrips on the ground of .....

Om Prakash Vs. Delhi Society for Prevention of Cruelty of Animals and ...

Court : Delhi

..... criminal offence is conducted it should be in accordance with proof of the offence as per the evidence defined under the provisions of the indian evidence act, 1872 *in short 'the evidence act'+. converse is the case of departmental enquiry. the enquiry in a departmental proceedings relates to conduct or breach of duty of the delinquent ..... is liable to be set aside in the interest of justice." 15. a similar issue has come up before us in lpa no. 730/2010 titled national insurance company ltd. vs. shri sunil kumar & ors., decided on 29th march, 2011, wherein it has been held as under:- "15. from the aforesaid enunciation of ..... it is well settled that the scope of the criminal proceedings and the departmental proceedings are distinctive. the standard of proof is different. the provisions of evidence act are not strictly applicable to disciplinary proceedings. in departmental proceedings, the rule of preponderance of probabilities applies whereas in criminal proceedings, the standard of proof is .....

P.S.Rawal and ors Vs. Union of India and ors

Court : Delhi

..... relevant extract of the said recommendation is as follows: further, keeping in view the hierarchy and the working of the indian railway system and the peculiar nature of prevailing crimes of the railway, this force need be broadly manned by their own cadre officers who have grown with the organisation to do better justice ..... amendments in the service rules.4. hindi version will follow. sd/(dinesh kapila) director 19. the petitioners also relied on an amendment to the railway protection force act, made in 1985. this amendment placed restrictions upon the respondents from bringing officers on deputation to the force; the relevant amendment, i.e. section ..... classification and points out how classification itself can produce inequality:19. ..........the process would be constitutionally valid if it recognises a pre-existing inequality and acts in aid of amelioration of the effects of such pre-existent inequality. but the process cannot in itself generate or aggravate the inequality. the process .....

M/S Pradeep Oil Corporation Vs. Northern Railways

Court : Delhi

..... delhi vide conveyance deeds dated 15th january, 1975 and 3rd january, 1978.2. the respondent is the northern division of the indian railways, which is wholly run by the ministry of railways. these deeds contained an arbitration clause which reads, in the event of any question, dispute or difference arising under these presents or ..... the officer whose decision is the subject matter of the dispute. where however the named arbitrator though a senior officer of the government/statutory body/government company, had nothing to do with execution of the subject contract, there can be no justification for anyone doubting his independence or impartiality, in the absence ..... taken by one of us (vikramajit sen, j.) in interstate constructions is not correct as it transgresses and infracts the provisions of the a&c act. learned single benches have interfered and removed arbitrators obviously on pragmatic considerations, viz. the futility and idleness of pursuing arbitral proceedings despite lack of faith .....

Nssl Limited Vs. Hpcl-mittal Energy Limited and anr.

Court : Delhi

..... malhotra s case is misplaced as that matter dealt with a case where appointment was sought under section 11(6) of the act in view of the abolition of post of the ceo of the respondent company, who was mandated with the power to appoint an arbitrator. it was not a case where an arbitrator had been appointed, ..... bharat electronics limited (bel), (2012) 6 scc384 mukesh malhotra, prop. of m/s. shivshakti electric works, decided on 11.09.2013 in arb. p. 329/2010; and indian oil corporation limited and ors. vs. raja transport private limited (2009) 8 scc520 4.4 mr. kartik nayar, who appeared for respondent no.1, submitted that the present petition under ..... of bipromasz bipron trading sa vs. bharat electronics limited (bel), and indian oil corporation limited and ors. vs. raja transport private limited are also distinguishable as the said judgments also relate to the provisions of sections 11 and 12, and not with, section 14 of the act.9. therefore, for the foregoing reasons, i find no merit in .....

Neeta Gupta Vs. Mahanagar Telephone Nigam Limited

Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

..... , conveyance and cost of litigation etc. during the pendency of the complaint, the telephone of the appellant, referred to above, was also diconnected under rule 443 of the indian telegraph rules, 1951. 3. the claim of the appellant in the district forum was resisted by the respondent mahanagar telephone nigam limited. the learned district forum vide impugned order ..... respondent and on the above ground has dismissed the complaint filed by the appellant. 4. feeling aggrieved, the appellant has preferred the present appeal under section 15 of the act. 5. we have heard the appellant at length on the question of admission of the present appeal and have also carefully gone through the documents/material on record. ..... in the interest of public revenue. it knots a net to catch the defaulting sharks. the hunt cannot be allowed to hunt-the-goose, design by its own act a hole and escape through it. remedial laws must be given claws and the net given a wider sweep so as to serve its purpose. 7. in an .....

Joginder Singh Malik Vs. Central Bureau of Investigation

Court : Delhi

..... of the said case was the appellant.3. a cross-case was filed by mr. baljeet against pw-2 under sections 342 and 323 read with 34 of the indian penal code ( ipc ) and this was registered as fir no.111/01 at ps:mayapuri. the appellant was not the io in the said case.4. on 10th july 2001, pw2 ..... the prosecution had failed to prove the conscious demand and conscious acceptance by the appellant of illegal gratification and, therefore, the question of presumption under section 20 of the pc act being attracted did not arise. he submitted that the decisions in banarasi dass v. state of haryana (2010) 4scc450and suraj mal v. state (delhi admn.) (1979) 4 ..... examined. in the circumstances, the court held that the appellant was guilty of the offences under sections 7 and 13 (1) (d) read with section 20 of the pc act. by a separate order on sentence dated 17th february 2009, the appellant was sentenced in the manner indicated hereinbefore. submissions of senior counsel for the appellant 13. mr. dayan .....

World Wrestling Entertainment, Inc. Vs. M/S Reshma Collection and ors

Court : Delhi

..... the civil city court, ahmedabad, where acceptance was communicated by telephone to the plaintiffs. in doing so, the supreme court considered the relevant provisions of the indian contract act, 1872 as also the common law of england. the supreme court also undertook to compare contracts concluded over the post and telegraph on the one hand ..... held that the existence of a branch was not part of the cause of action and that the kozhikode court therefore had no jurisdiction. but when a company through incorporated outside india gets itself registered in india and does business in a place in india through its agent authorized to accept insurance proposals, and to ..... infringement of its trademarks, passing off, dilution, rendition of accounts, damages and delivery up etc. it is an admitted position that the appellant/ plaintiff is a company incorporated under the laws of the state of delaware, united states of america and that all the defendants reside in mumbai and do not carry on business within .....