Court : Chennai
..... decreeing the suit for recovery of money and also damages of rs.1,00,000/-. 2. the plaint averments are as follows : (i) the plaintiff is a company registered under the companies act, 1956 and is owned by the government of tamil nadu. the plaintiff had placed orders with the third respondent, m/s. paul leibinger gmbh and co., kg, ..... germany for supply of numbering machines for printing machinery and spare parts, for the value of dm 64053 about indian currency value of rs.16.00 lakhs. a ..... also cited the division bench ruling of the delhi high court in roshan lal anand and another vs. mercantile bank limited (db) (delhi), reported in [1975] vol.75 company cases 519, in which the court has extracted the principle as found in "the law of bankers' commercial credits by gutteridge, fourth edition, page 90, which is as follows .....
Tag this Judgment!Court : Chennai
..... or other payment due to or received by, (a) any person, by whatever name called, managing the whole or substantially the whole of the affairs of an indian company, at or in connection with the termination of his management or the modification of the terms and conditions relating thereto; (b) any person, by whatever name called ..... may be, issued by the chief controller of imports and exports, government of india; (d) "supporting manufacturer" means a person being an indian company or a person (other than a company) resident in india, manufacturing (including processing) goods or merchandise and selling such goods or merchandise to an export house or a trading house for ..... from any other business.' 22. section 80hhc of the income tax act, deals with deduction in respect of profits retained for export business and the same is extracted hereunder: "(1) where an assessee, being an indian company or a person (other than a company) resident in india, is engaged in the business of export out .....
Tag this Judgment!Court : Chennai
..... for which the power is conferred which undoubtedly is public interest and not individual or private gain, whim or caprice of any individual." 47. in indian railway construction co. ltd. v. ajay kumar reported in (2003) 4 scc 579, at paragraph 13 to 15, the hon'ble supreme court explained ..... also encompass the expression, any prohibition. .................... 66. in commissioner of customs, chennai v. brinda enterprises reported in 2010 (262) elt 239 (mad.), the company mis-declared the goods and there was no specific licence or certificate of registration. the adjudicating authority ordered for confiscation. matter went upto the tribunal, which remanded ..... authorities seized the same. adjudicatory proceedings ended in confiscation. contention of the appellant therein, before the high court, was that section 125 of the customs act, 1962, does not provide for confiscation of goods, other than prohibited goods. repelling the said contention and following om prakash bhatia's case (cited supra .....
Tag this Judgment!Court : Chennai
..... in nutshell are as follows : (i) the respondent, sims metal management ltd., (for brevity sims), a company domiciled in australia and the appellant, sabari exim pvt., ltd., (for brevity sabari), a company registered under the companies act, 1956 entered into a contract, dated 07.05.2012 for sale by the sims to the sabari for import of ..... force majeure and the appellant cannot absolve himself under that score. thus, there is no contravention that the public policy much less the fundamental policy of indian law. 13. another contention of the appellant is that the appellant was not given proper notice of the appointment of the arbitrator and of the arbitral ..... 29. we accordingly hold that enforcement of foreign award would be refused under section 48(2)(b) only if such enforcement would be contrary to (1) fundamental policy of indian law; or (2) the interest of india; or (3) justice or morality. the wider meaning given to the expression "public policy of india" occurring in section 34 .....
Tag this Judgment!Court : Chennai
..... the first petitioner / a3 is the managing director of m/s.arun excello infrastructure private limited. the second petitioner / a4 is the director of the said company. the said company belongs to the petitioners herein, engaged in property development and connected activities. the petitioners have purchased the properties in, inter-alia s.no.25/2b situated in ..... that the petitioners/a3 and a4 have abandoned to proceed with the additional construction and therefore, the amount of rs.3,10,88,750/- paid by the company, is liable to be repaid by the government, and therefore, no criminal liability could be fastened against the petitioners/a3 and a4, and hence, he prayed ..... ltd. the fir was registered for the alleged offences punishable under sections 167, 120-b, 409, 420, 467 and 477(a) ipc and section 13(1)(c) and (d) of the prevention of corruption act. after investigation, charge sheet/final report, dated 03.06.2014, was filed before the chief judicial magistrate-cum-special judge, chengalpattu, .....
Tag this Judgment!Court : Chennai
..... first petitioner / a3 is the managing director of m/s.arun excello infrastructure private limited. the second petitioner / a4 is the director of the said company. the said company belongs to the petitioners herein, engaged in property development and connected activities. the petitioners have purchased the properties in, inter-alia s.no.25/2b situated ..... buildingrs.500/- per sq.m.2multistoreyed buildingrs.1000/- per sq.m.3institutionsrs.200/- per sq.m.4industrial users.300/- per sq.m.17. the petitioners' company applied for additional construction of 1,17,940 sq.m. on 18.03.2008. the commissioner of town and country planning, chennai, granted approval/permission on ..... . the fir was registered for the alleged offences punishable under sections 167, 120-b, 409, 420, 467 and 477(a) ipc and section 13(1)(c) and (d) of the prevention of corruption act. after investigation, charge sheet/final report, dated 03.06.2014, was filed before the chief judicial magistrate-cum-special judge, chengalpattu .....
Tag this Judgment!Court : Chennai
..... is liable to be rejected and accordingly, rejected. 66. in commissioner of customs, chennai v. brinda enterprises reported in 2010 (262) elt 239 (mad.), the company mis-declared the goods and there was no specific licence or certificate of registration. the adjudicating authority ordered for confiscation. matter went upto the tribunal, which remanded the ..... both parties. 56. in n.k.bapna v. union of india reported in 1992 (60) elt 13 (sc), the petitioner therein was the managing director of company, engaged in the business of manufacture and production of plastic compounds, plastic films and sheets and plastic chemicals. a detention order was passed, under section 3(1 ..... to the proper officer. further, according to customs notification no.3/2012 dated 16.01.2012, only passengers of indian origin or a passenger in possession of a valid passport issued under the indian passports act, 1967 who have stayed abroad for six months and above, are eligible to import gold jewellery of foreign origin .....
Tag this Judgment!Court : Chennai
..... getting an approval of the board. in other words, section 11-a of the sez rules has an overriding effect than section 3 (3) of the indian stamp act and therefore, the claim of the petitioner for exemption is untenable. 11. i heard the learned senior counsel for the petitioner, learned additional advocate general appearing ..... . this according to the learned senior counsel for the petitioner is contrary to and has an overriding effect of the provisions of the sez act and rules as also the indian stamp act. according to the learned senior counsel for the petitioner, it is well settled that an executive instruction in the form of government orders, notifications ..... by the petitioner is not exempted from payment of stamp duty. according to the second respondent, the exemption of stamp duty provided in section 3 of the indian stamp act, 1899 cannot be extended to the lease deed presented by the petitioner. therefore, the second respondent justified the demand for payment of deficit stamp duty and .....
Tag this Judgment!Court : Chennai
..... to appreciate that the respondents miserably failed to take joint test weighments in accordance with law, by issuance of public notice as per para-223 of the indian railway code for commercial department. he further submitted that when the loading was done under the supervision of the ..... , is untenable. he further submitted that the complaint given by the seven companies regarding erratic functioning of the weighbridge at settigunta, does not pertain to the period in dispute. stating so, the respondents prayed for dismissal of the complaint filed by ..... statement before the tribunal denying the allegations made in the complaint. according to them, the complainant does not come under the purview of section 36(c) of the railways act, 1989. he further submitted that the coal does not absorb water and hence the contention of the complainant that excess weight had been caused on account of heavy rain .....
Tag this Judgment!Court : Chennai Madurai
..... the other cases it must be open to the authority to deviate from and not to insist upon the strict literal compliance of the condition in appropriate cases." 62. in indian railway construction co. ltd. v. ajay kumar, this court explained as to what would amount to bad faith and non-application of mind in regard to exercise of power ..... kanyakumari district from its depot at konam, nagercoil for the notified period of one year from 01.07.2016 to 30.06.2017 and pass orders) 1. the petitioner / company has preferred the instant writ petition praying for passing of an order by this court in directing the respondent / district manager, tamil nadu state marketing corporation limited, kanyakumari, to ..... on the part of the employer. it further opined that the burden would be on the person who seeks to invalidate or nullify the act or order to prove charge of bad faith and abuse or mistake by the authority of its power. it opined that an attempt should be made to balance the .....
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