Court : Chennai
Reported in : 2008BusLR908; 2009(1)CTC227; (2008)8MLJ261
..... from the above discussion, the following principles emerge:(1) in exercising discretion to grant an anti-suit injunction the court must be satisfied of the following aspects: (a) the defendant, against whom, injunction is sought, is amendable to the personal jurisdiction of the court; (b) if the injunction is declined, the ends of justice will be defeated and injustice will be perpetuated; and (c) the principle of comity - respect for the court ..... ramachandran, learned senior counsel for the defendant-bank contended that once the right of the bank to file an application before the debt recovery tribunal under act 51 of 1993 is recognised, then it follows automatically that the claim in the present suit would only amount to a counter claim or a set off and that the present claim of the plaintiff cannot ..... reserve bank considered the introduction of foreign currency-rupee (fc/inr) options as part of their efforts in developing derivatives market in the country and in adding to the spectrum of products for hedging currency exposures. ..... company, engaged in the manufacture and export of sugar ..... holding such a contract not to be a wager, the privy council held as follows:the essence of a bet is that both parties agree that they will pay and receive respectively on the happening of ..... futures trading in raw jute and jute goods began in calcutta ..... united industrial bank ltd : [1983]3scr962, a leading case on the scope of section 41(b), the bank filed a suit for declaring certain transactions as .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2002]110CompCas193(AP)
..... whether there is any truth in the allegation about the large scale misappropriation of the company funds by not bringing the automobile spare parts that are being manufactured by the company to the books of account as is evident from the statement extracted supra and satisfied itself with the statement of the petitioners ..... of the company and to carry on the business of generating, selling, transmitting, distributing, supplying electric power and host of other activities including floriculture, horticulture, not only amended the objects clause, but also authorised the board of directors to borrow any sum or sums of money exceeding the aggregate of the paid-up capital of the ..... supreme court while considering the procedural powers of a debt recovery tribunal under section 22 of the recovery of debts due to banks and financial institutions act, 1993, held as follows (page 123) :'when section 22 of the act says that the tribunal shall not be bound by the procedure laid down by the code of civil procedure, it does not mean that it ..... realities, the court can, and in many cases must, take cautious cognisance of events and developments subsequent to the institution of the proceeding provided the rules of fairness to both sides are scrupulously obeyed ..... no. 9 addressed a letter to furnish photostat copies of the (1) balance-sheets of the company for the years 1983-84 to 1986-87, (2) copies of contract registers for the years 1989-90 to 1992-93 (3) list of bad debts with all ..... ..... .....
Tag this Judgment!Court : Delhi
Reported in : 2007(2)ARBLR133(Delhi); 141(2007)DLT822
..... present petition, the petitioner has invoked the jurisdiction of this court under section 9 of the arbitration and conciliation act, 1996 and, inter alia, sought a prohibition against the respondent its directors or assigns from participating, encashing or engaging or being interested in any other project for the manufacture of float glass or products or for the sale by the import/export of the glass and its ..... according to the respondent this is because the ggl's plant located in ankleshwar, gujarat was the first float glass plant in india which commenced commercial production in the market on 1st march, 1993 with the installed capacity of 550 thousand metric tons per day.thereafter, its competitors m/s asahi india safety (earlier known as float glass india) first commenced commercial production in taloja in ..... that the defendant had not established any right to unilaterally void the agreement between the parties nor had they offered probative evidence to show that the amendment to the agreement was obtained through any breach of the plaintiff's fiduciary obligations to the ..... been unequivocally stated that there would neither be any development of technology, nature of product or the capacity ..... shareholding, on the basis of the law as enunciated by the federal court and the privy council in the decisions noted above, it must be held that the karar was specifically performable.74 ..... useful to advert to the pronouncement reported at : [1968]1scr821 , naihati jute mills ltd. v .....
Tag this Judgment!Court : Delhi
Reported in : AIR1983Delhi445; [1984]55CompCas224(Delhi); 1987(30)ELT361(Del); [1984]145ITR642(Delhi); [1984]55STC256(Delhi)
..... the doctrine of promissory estoppel has no application to the exports (control) orders issued in exercise of the statutory power conferred on the central government under section 3 of the act, i have also come to the conclusion that the alleged contract dated 25th march, 1977, is not such a 'pre-control commitment' to which the provisions contained in paragraph ..... in motilal padampat sugar mills - : [1979]118itr326(sc) as in indo-afghan air 1968 sc 718, one finds a fuller development of the doctrine of rule of law that permeates our whole constitutional system - here, there are less of nuts and bolts, and more of theoretical framework in which promissory estoppel ..... the policy as laid down in the exports (control) order, 1977, was that manufactures and products wholly or mainly of silver with more than 50 per cent of silver contents, excluding silver zari goods, were ..... this is proved by the fact that the delivery period has been extended from december, 1977, to may, 1983, at the convenience of the parties and on the requests made by the exporter from time to time and readily agreed to by the importer on ..... if under section 3 of the act the exports (control) orders can be amended from time to time it is difficult to see why paragraph 316 of the hand book cannot be replaced by a new set of of guidelines for conserving ..... london borough council [1971 ..... would erode the general principle as set out in a long line of cases of which the decision of the privy council in maritime electric co. ..... council .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC1043; 2003(2)ALLMR(SC)1091; 2003(2)ALT22(SC); 95(2003)CLT445(SC); [2003]113CompCas536(SC); (2004)1CompLJ321(SC); 2003(1)CTC409; [2003(96)FLR743]; JT2003(1)SC344; R
..... hazardous products, as well as the importance of promoting just, equitable and sustainable economic and social development, these guidelines for consumer protection have the following objectives: (a) to assist countries in achieving or maintaining adequate protection for their population as consumers;(b) to facilitate production and distribution patterns responsive to ..... on this scope and content thereof adopted the guidelines which inter alia provide for the following:'taking into account the interests and needs of consumers in all countries, particularly those in developing countries, recognizing that consumers often face imbalances in economic terms, educational level, and bargaining power, and hearing in mind that consumer should have the right of assess to non- ..... (4) notwithstanding anything contained in sub-section (3), a personappointed as a president or as a member before the commencement of theconsumer protection (amendment) act, 1993, shall continue to hold suchoffice as president or member, as the case may be, till the completion of histerm.the members of the state commission are to be selected by a selectioncommittee, the chairman ..... this country a marked awarenessamong the consumers of goods that they were not gettingtheir money's worth and were being exploited by bothtraders and manufacturers of consumer goods. ..... protection to the economic and social council (unesco) in 1983. .....
Tag this Judgment!Court : Delhi
Reported in : 155(2008)DLT73; 2009(39)PTC212(Del)
..... industries; definitions (1) subject to paragraph (2), the following are unlawful, and when found by the commission to exist shall be dealt with, in addition to any other provision of law, as provided in this section:(a) unfair methods of competition and unfair acts in the importation of articles (other than articles provided for in sub-paragraphs (b), (c), (d) and (e) into the united states, or in the sale of such articles by the owner, importer, or consignee, the threat or effect of which is(i) to destroy or ..... in view of the above, the respondent submits that in a way the appellants themselves accept that the product manufactured by the respondent is the same as would be covered by us patent and the product contemplated to be exported in ..... 39,998, or in the alternative, a permanent limited exclusion order, pursuant to section 337 (d) of the tariff act of 1930, as amended, excluding from entry into and sale within the united states all of respondents composite wear components and products containing the same that infringe one or more asserted claims of the united states ..... shah acknowledges that the company owns the field of activity as well as its own research development department and that the business he will be brought to deliver will enable him to get acquainted with the original element of the companies, scientific technology and techno commercial ..... british columbia 1993 cbc 47.l) societe nationale industrielle aerospatiale ..... sankara reddi 1983 (1) alt 340 and iqbal singh .....
Tag this Judgment!Court : Mumbai
Reported in : (1999)IILLJ804Bom
..... the karnataka high court took the view that there was no evidence of fraud, undue influence and coercion and even if the workman in the proceedings under the industrial disputes act, either before the industrial tribunal or before the court, was represented by the union, his right to settle the dispute with his employer was not taken away although such settlement cannot ..... ameteep machine tools (supra) is concerned, it is clearly a case of dismissal of an employee, and therefore, falls within the categories of four individual disputes of dismissal, discharge, retrenchment or termination as contemplated by section 2-a of the act here again, the italicised portion in para 4, which i have reproduced in para 24 above, cannot be pressed into service by shri rele in support of his contention that, in the present case of a lock-out, the workmen can ..... section 9-a was inserted by industrial disputes (amendment) act, 1956 which came into force with effect from march 10, ..... was a case where the appellant company was manufacturing machine tools at its factory in faridabad. ..... as trade unions developed in the country and collective bargaining became the rule the employers found it necessary and convenient to deal with the representatives of workmen, instead of individual workman, not only for the making or modification of contracts ..... 1989 ii clr 420 and (ii) by me in 1993 ii clr 847 cannot advance the case of the ..... in the case between northbrook jute company limited and anr. ..... their workmen 1983 (i) lln .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All86; [1964]15STC505(All)
..... appears that the state legislature by the amendment mentioned above, has made its intention clear and brought its concept of the phrase 'carries on business' as used in the sales tax act, in line with the views of the ..... restricted to enacting legislation imposing tax liability in respect of sale of goods as understood in the sale of goods act, 1930, and that the provincial legislature under the government of india act, 1935 had no power to tax a transaction which was not a sale of goods, as understood in the sale of goods act this view was reiterated by the supreme court in new india sugar mills ltd. v. ..... order to do its main profit making business of manufacture and sale the petitioner engages in the activity of ..... the decision of a bench of this court in kanpur development board's case, 1963-14 stc 493 (all) has been ..... in the reply it was asserted that the petitioner company had maintained the canteen under section 46, factories act, 'to effect sales of food and refreshment to the employees of the factory on a no profit basis' and as such it was not a 'dealer' within the ..... chapter xlix of the regulations of the academic council provides that the dining-hall shall be under the supervision of a warden who shall supervise meals and shall be in charge of the supervision of the dining-hall, andthat the meals shall be served ..... sales tax officer, aligarh by an order dated 13-3-1983 assessed the university to sales tax on its turnover ..... jute mills company limited, kanpur sri sunder lal ..... jute .....
Tag this Judgment!Court : Gujarat
Reported in : [2003]261ITR113(Guj)
..... dismantling and breaking up of the ship must be regarded as a different commercial commodity from the ship itself, and hence, the activity would amount to manufacture, the court held that considering the peculiar nature of ship breaking activity, it gives rise to manufacture and production of altogether new commercial articles or things which were commercially identifiable in the commercial world as other than the ship and therefore, the assessees should ..... . ship breaking is undoubtedly an industry in which there is great earning potential despite environmental hazards which have prompted the developed countries to shun it and forward their vessels for demolition to the countries where labour is cheap and concern for environment and health hazards ..... clause (v)(b) of sub-section (1) of section 9, which came to be inserted with retrospective effect from april 1, 1982, by the taxation laws (amendment) act, 1984, laid down that the income by way of interest payable by a person who is a resident shall be deemed to accrue or arise in india, except where the interest is payable in respect of any debt ..... : [1983]142itr654(mad) which was rendered in the context of the provisions of section 33 of the act, was cited to point out that it was held therein that the word 'manufacture' was ..... , london, under the memorandum of agreement (moa for short) dated march 15, 1993, for a total purchase price of the ship which was agreed at us $ 901252.98 calculated at the rate of us $ ..... in kedarnath jute . v. .....
Tag this Judgment!Court : Gujarat
Reported in : 181(2003)CLT134
..... dismantling and breaking up of the ship must be regarded as a different commercial commodity from their ship itself, and hence, the activity would amount to manufacture, the court held that considering the peculiar nature of ship-breaking activity, it gives rise to manufacture and production of altogether new commercial articles or things which were commercially identifiable in the commercial world as other than the ship and, therefore, the assessees should ..... .24. ship-breaking is undoubtedly an industry in which there is great earning potential despite environmental hazards which have prompted the developed countries to shun it and forward their vessels for demolition to the countries where labour is cheap and concern for environment and health ..... clause (v)(b) of sub-section (1) of section 9, which came to be inserted with retrospective effect from 1st april, 1982, by the taxation laws (amendment) act, 1984, laid down that the income by way of interest payable by a person who is resident shall be deemed to accrue or arise in india, except where the interest is payable in respect of any debt ..... : [1983]142itr654(mad) which was rendered in context of the provisions of section 33 of the act, was cited to point out that it was held therein that the word 'manufacture' was ..... present case, as is usual, states that : 'this credit is subject to the uniform customs and practice for documentary credits 1993 revision)--international chamber of law publication no. ..... in kedarnath jute mfg. co .....
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