Judgment Search Results Home > Cases Phrase: indo tibetan border police force act 1992 section 1 short title and commencement Court: mumbai Page 1 of about 220 results (0.077 seconds)

Vinod Kumar S/O Sudarshan Kelkar Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 2004(4)MhLj561

..... petitioner-prisoner was transferred to nagpur central prison, nagpur on 26-12-1993 for undergoing the sentence.4. prior to the conviction, the petitioner was in custody of border security force police from the date of his arrest, i.e. 29-6-1991 till the date of his conviction, and therefore, he was in detention as an under-trial prisoner ..... or trial of the case, and therefore, the argument based on the objection against giving retrospective operation cannot be sustained.15. formerly there was no provision in the border security force act regarding the period of custody undergone by a person to be set off against the imprisonment but by the b.s.f. act no. 35 of ..... to set off for the period he has undergone detention as an under-trial prisoner, before the date of conviction.3. the petitioner was working as hawaldar (constable) in border security force. he was posted at putshahi village, district kupwada (j and k) in the year 1991 and was performing internal security duty. he was a member of .....

Vodafone International Holdings B.V. Vs. Union of India (Uoi) and anr.

Court : Mumbai

..... income taxation (foundation press 2003). liable to result in double tax which is generally regarded as being unfair because it may create substantial barriers to cross border activity and investment. international tax policy seeks to mediate between the claims of residents and source in an effort to ensure that income is taxed only once ..... . this is an area of legislative intervention. in india, parliament has amended the law by incorporating a full chapter on transfer pricing to deal with cross-border transactions. however, section 9 has not been amended. a look-through provision cannot be introduced by judicial interpretation;(6) the spa represents an arms length commercial ..... petitioner directly and without intervention of any intermediate company, there would be no liability to capital gains tax because it would be fully covered by the indo-mauritius tax treaty. the department would not in law be permitted to go behind a corporation resident in mauritius in view of the judgment of the .....

Maharashtra Chamber of Housing Industry and Others Vs. State of Mahara ...

Court : Mumbai

..... from statute to statute. 114. it is profitable to notice at this stage a decision of this court in m/s. universal imports agency (supra). in that case under the indo-french agreement entered into by and between the two nations on 1st november, 1954, the entire administration of french settlement vested in the government of india. the territory of pondicherry ..... the general clauses act. 18. nor can we find any justification for the second criticism. in the instant case the legal position is exactly the same. by reason of the indo-french agreement the government of india made the order under the foreign jurisdiction act applying the indian laws to pondicherry. the effect of that order was that the french laws .....

Central Warehousing Corporation (a Govt. of India Undertaking) Vs. For ...

Court : Mumbai

Reported in : 2010(1)MhLj658

A.M. Khanwilkar, J.1. The question as referred by the Learned Single Judge of this Court for consideration of the larger Bench, is as follows:Whether in view of the provision of Section 5 of the Arbitration and Conciliation Act, 1996, if any Agreement between Licensor and Licensee contains a clause for arbitration, the jurisdiction of the Small Causes Court under the Presidency Small Cause Courts Act, 1882 would be ousted?2. The background in which the matter has been placed before us to examine the above question can be briefly mentioned as follows:The Petitioners are lessees in respect of godown premises admeasuring 18,850 sq. meters being Shed TW-1 at Cotton Green Depot. The Mumbai Port Trust is the owner thereof who vide letter dated 26th February, 1975 gave the said premises on lease to the Petitioners. Sometime on or around 19th September 2002, the Respondents approached the Petitioners for storage facilities. By a Memorandum of Agreement dated 19th September 2002, the storage fa...

Rashtriya Sut Girni Mazdoor Sangh, Amravati Vs. Government of Maharash ...

Court : Mumbai

Reported in : 2001(4)BomCR339; [2002(92)FLR927]; 2002(2)MhLj448

..... executive power of the state, introduce a system of verification on movement of wheat from the state of uttar pradesh to various other states at the check-posts on the border and place restrictions on inter-district movement of wheat by traders on private account within the state, the executive power of a modern state is not capable of any precise .....

Vodafone International Holdings B.V., a Company Incorporated Under the ...

Court : Mumbai

Reported in : 2009(4)BomCR258; (2008)220CTR(Bom)649; [2009]311ITR46(Bom)

..... an agreement with the deductee, htil, in stipulation of future consideration of certain 'potential claims'. normally, in an agreement of this type, which are essentially cross border agreements, such liabilities are predetermined under the due diligence determination test and possibly that could been the reason why certain material agreements have been withheld from this hon ..... to file an application before the assessing officer under those provisions.175. in this behalf, the following observations of the hon'ble supreme court in the case of indo asahi glass company ltd. and anr. v. i.t.o. and ors. : [2002]254itr210(sc) , would be relevant:the aforesaid show-cause notice was ..... section.84. mr. parasaran also relied on the following decisions which would be relevant in support of the proposition that court would not interfere in these circumstances:a) indo asahi glass company ltd. and anr. v. ito and ors. : [2002]254itr210(sc) equivalent to 2002 (10) scc 444;the aforesaid show-cause notice was .....

Mrs. Asha Anilkumar Kataria Sole Proprietor of Kat Stocks Through Its ...

Court : Mumbai

Reported in : 2007(4)ALLMR355; III(2008)BC149; 2007(5)BomCR125; (2007)109BOMLR1273; 2007(4)MhLj149; [2008]81SCL477(Bom)

N.V. Dabholkar, J.1. Appellant-original Plaintiff, by present appeal, challenges the judgment and order dated 23.12.2005 delivered by 4th Adhoc Additional District Judge, Jalgaon, in Special Civil Suit No. 212 of 1999. By the impugned judgment and order, learned Additional District Judge was pleased to reject the plaint and dispose of suit, by arriving at a conclusion that Civil Court had no jurisdiction to entertain the suit. Although suit is disposed of by rejection of plaint, since the decree as defined by Section 2(2) of the Code of Civil Procedure, 1908, includes 'rejection of plaint', appeal under Section 96 is preferred, challenging the said judgment and order.2. Special Civil Suit No. 212 of 1999 was filed in the court of Civil Judge, Senior Division, Jalgaon, by present appellant for the purpose of recovery of amount of Rs. 1,80,19,089.55 along with future interest at the rate of 22% per annum on the basis of averment to following effect; Plaintiff is the sole proprietor of th...

Indian Petro Chemicals Corporation Limited Vs. Air India Limited and O ...

Court : Mumbai

Oral Judgment: 1. Rule. Respondents waive service. By consent rule made returnable forthwith. 2] By this petition under Articles 226 and 227 of the Constitution of India, the petitioners are praying for a writ of certiorari or any other appropriate writ, order or direction calling for the records and proceedings of the case culminating in the eviction order of the appellate authority dated 31st January 2007 and to quash and set aside the (I) Notice of Termination dated 10th/14th February 1995, (ii) the Notice of Eviction dated 19th April 1999 (iii) Order of 2nd respondent and (iv) the order of appellate authority under the Public Premises (Eviction of Unauthorised Occupants) Act, dated 31st January 2007 in Misc.Appeal No.261 of 2001. 3] The proceedings are under Public Premises (Eviction of Unauthorised Occupants) Act, 1971. (for short PPE Act). The petitioner states that it was a Government Company incorporated under the Companies Act, 1956 and continued to be so till the eviction ord...

Jer Rutton Kavasmanek and anr. Vs. Gharda Chemicals Ltd. and ors.

Court : Mumbai

1] This company Appeal is filed by the Appellants original Petitioners impugning the order passed by the Company Law Board, Mumbai (CLB) in Company Petition No.132 of 2009. By the order under challenge dated 14th May 2010, the learned Member of the CLB has dismissed this petition and vacated all interim orders therein. 2] This appeal has been admitted on the questions of law which have been framed by this Court in its order of Admission, dated 28th June 2010. The same read as under:- "Heard all the parties. In my view, there are several important question of law which arise in this company appeal. Some of the questions of law which can be formulated are as under:- "A. Section 111A is the only provision that talks of free transferability of shares. In view of section 111A read with section 111(14), the provisions of section 111A do not apply to a private company which had become a public company by virtue of section 43A. Accordingly, section 111A is not applicable to the present company...

Forbes and Co Ltd and anr. Vs. the Official Liquidator of the Swadeshi ...

Court : Mumbai

..... custody or control all the property, effects and actionable claims to which the company is or appears to be entitled. he has very wide powers including seeking assistance of the police for taking possession of the company's properties and effects. sub-section 2 of section 456 states that all the property and effects of the company shall be deemed to .....