Judgment Search Results Home > Cases Phrase: national tax tribunal act 2005 Sorted by: recent Court: chhattisgarh Page 1 of about 105 results (0.165 seconds)

Sks Ispat and Power Limited Vs. Chairman Cum Managing Director, Head O ...

Court : Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

..... submit and verify various statements, applications, affidavits, declarations, undertakings, forms, returns and other requisite documents whatsoever and file them in any court, tribunal or office in connection with central excise act, finance act, customs act, income tax act, the state sales tax / vat act, central sales tax act, entry tax act, professional tax act." 10. ..... court, / hon'ble high court 'hon'ble small causes court, hon'ble metropolitan magistrate courts / hon'ble district court / hon'ble city civil court or before any other government authority, tribunal and / or local authorities in any state / in india in connection with any legal proceedings by or against the company and to represent the company in all other matters incidental thereto as may be considered ..... , renewal / amendment of registration certificates as may be necessary for the business of the company under the provisions of central excise act, finance act, custom act, income tax act, state sales tax / vat, central sales tax act, 1956, entry tax and professional tax act and any other act of similar nature of taxes. 2. .............. 3. ..... in the case of m/s vijay concerns vs state bank of india, through branch manager and anr, 2013(4) cpr 165(nc), hon'ble national commission, has observed thus :- "9.....................the courts should always try to interpret the "words" in the insurance contract as they have been expressed ..... ltd vs m/s harchand rai chandan lal 2005 (1) cpr 64 (sc), hon'ble supreme court, has .....

The Oriental Insurance Co Ltd Vs. Bedi Bai and Others

Court : Chhattisgarh

..... since the age of the deceased was 22-23 years, in view of second schedule of the motor vehicles act, 1988, as the claim petition was filed under section 163-a of the act, the multiplier of 17 would be applicable and the claims tribunal has rightly applied the multiplier of 17. ..... the claimants being legal heir of the deceased had filed a claim petition under section 163-a of the motor vehicles act, 1988 (for short `the act') claiming a total compensation to the tune of rs.9,00,000/- for the death of the deceased. 4. ..... ), raipur (for short `the claims tribunal') in claim case no.111/2007, in so far as it relates to the direction to the appellant/insurance company to pay compensation to the claimants and later on to recover the same from the owner of the offending vehicle, though the appellant/ ..... in the case of national insurance co. ..... this direction is given in the light of the judgments of this court in national insurance co. ..... ), wherein discussing the case law laid down by hon'ble apex court in the case of national insurance co. ..... learned claims tribunal on a close scrutiny of the evidence led, material placed and submissions made by both the parties, partly allowed the claim petition and awarded a sum rs.4,38,000/- as compensation against non-applicants no. ..... the tribunal after deduction of 1/3rd, the loss of dependency assessed as rs.2,000/- per month ..... national insurance co. ..... the tribunal has held that the driver of the offending vehicle was not having a valid and effective driving licence .....

Secl Bishrampur and Others Vs. Bharti Devi and Others

Court : Chhattisgarh

..... in the result, while affirming the impugned award on all other aspects, the matter is remitted back to the claims tribunal only for the purpose of reassessing the compensation after taking evidence with regard to the amount of salary, which the widow of the deceased was offered at the time of compassionate appointment so ..... their reply, stated that the dumper (haulpak) is not a motor vehicle, therefore, it is not registered with the registering authority under the act and was not plied on public road, therefore, the claim petition is not maintainable and the appellants are not liable to pay compensation. ..... contention of learned senior advocate for the appellants regarding jurisdiction of the motor accidents claims tribunal in view of the amount having been deposited before the commissioner for workmen's compensation is noticed only to be rejected because from the statements of the appellants' witnesses themselves it is clear that ..... of the deceased satish kumar, a claim petition under section 166 of the act was preferred by his legal heirs (widow, two minor sons and parents) and the claims tribunal has awarded compensation of rs.15,68,212/- in their favour. 2. ..... of the hon'ble supreme court, a division bench of the madhya pradesh high court has also held in national insurance co. ..... of their use or kept for use on public roads; the network of which, the state spreads, maintains it and keeps available for use of motor vehicles and hence entitled to a regulatory and compensatory tax. .....

Assistant Commissioner of Income Tax Vs. Shri Mahavir Prasad Verma and ...

Court : Chhattisgarh

Reported in : (2009)225CTR305; [2009]317ITR36(NULL)

..... shall lie to the high court from every order passed in appeal by the appellate tribunal, (before the date of establishment of the national tax tribunal] if the high court is satisfied that the case involves a substantial question of ..... 253 and application under section 256(1) of the it act for condoning the delay authorizing such authorities/tribunals to condone the delay only because these authorities/tribunals are not courts, however, no such provision has been made under section 256(2) and 260 for condoning the delay in filing applications/appeals to the high court, as section 29(2) of the limitation act is attracted and, therefore, the legislature did not feet ..... learned counsel for the appellants herein based on judgment of full bench of the bombay high court that sub-section (7) of section 260a of the act makes the provisions of cpc applicable in relation to appeal to the high court and, therefore, the income tax act is not a complete code is concerned, from perusal of sub-section (9) of section 35-g of the central excise act, we find that the same is exactly identical as sub-section (7) of section 260a of the ..... in our considered view, that even in a case where the special law does not exclude the provisions of sections 4 to 24 of the limitation act by an express reference, it would nonetheless be open to the court to examine whether and to what extent, the nature of those provisions or the nature of the subject-matter and scheme of the ..... : (2005) 199 ctr (cal) 539 : (2005) 279 .....

Mahendra Kumar and anr. Vs. Kartik Ram and ors.

Court : Chhattisgarh

Reported in : 2009(2)MPHT55(CG)

..... the tribunal on a close scrutiny of the evidence led before it held that the claimants' son om prakash died on account of the injuries sustained by him in the motor accident on 4-3-2008; the driver of the offending vehicle truck was responsible for the accident; and as the offending vehicle truck on the date of the accident was insured with national insurance company limited, the insurance company was liable to pay compensation to the claimants. ..... 5,25,000/- by filing a claim petition under section 166 of the motor vehicles act, for the death of their son om prakash, aged about 5 years in the motor accident on 4-3-2008, when he was dashed by the offending vehicle truck bearing registration no. c.g. ..... durg (for short 'the tribunal') vide award dated 27-11-2008, passed in claim case no. ..... 52,000/- awarded by the tribunal when examined in the context of the above quoted dictum of the apex court in the case of oriental insurance co. ..... 52,000/- awarded by the tribunal is too low as deceased child om prakash would have supported to the claimants in their old age.7. ..... the appellants, unfortunate parents of deceased om prakash are seeking enhancement of the compensation awarded by the additional motor accident claims tribunal (ftc), balod, distt. ..... the tribunal relying upon the dictum of the apex court in the case of oriental insurance co. ..... we, therefore, do not find any scope for enhancement of the compensation awarded by the tribunal.10. .....

Ramesh Kumar Singh and anr. Vs. Kristo Sao and anr.

Court : Chhattisgarh

Reported in : 2009ACJ2109; AIR2008Chh65; 2008(4)MPHT114(CG)

..... gupta, learned counsel appearing for the appellants placed reliance on the fiction created by sub-section (1) of section 157 of the motor vehicles act, 1988 (henceforth 'the act') while arguing that in the above mentioned situation the certificate of insurance and the policy described as certificate shall be deemed to have been transferred in favour of the person to whom the motor ..... quantum of compensation awarded by the tribunal, of4ie considered opinion that it is ..... since the provision contained in sub-section (1) of section 157 of the act falls under chapter xi relating to insurance of motor vehicles against third party risks and also in view of the statutory liability of the insurer to cover third party risks under section 147 of the act, the insurer is statutorily liable to pay compensation in respect of third party risks since the insurable interest of the insured is alive on the date of accident in ..... the date of accident and the policy of insurance not having been transferred in the name of the transferee of the truck, in view of the deeming fiction under sub-section (1) of section 157 of the act, the insurance company is liable to pay compensation in respect of third party risks.13. in g. ..... 2 had, while deposing before the tribunal, admitted in paragraph 4 as under:;g lgh gs fd 17&10&94 dks mdr okgu dz; dj vius vkf/kir; es fy;k gs a lgh gs fd okgu dz; djus ds iwoz okgu ls lacaf/kr lhkh nkf;ro okgu ds iwoz ekfyd ds fks rfkk mlds mijkur lhkh nkf;ro esjs gks ..... 2005 (1) tac 609 .....

Oriental Insurance Co. Ltd. Vs. Smt. Madhu Gupta and ors.

Court : Chhattisgarh

Reported in : 2008(5)MPHT1(CG)

..... . for the reasons, our answer to the question is that even if no appeal is preferred under section 173 of 1988 act by an insured against the award of a tribunal, it is not permissible for an insurer to file an appeal questioning the quantum of compensation as well as findings as regards negligence or contributory negligence of the offending vehicle.10 ..... . however, in a situation where there is a collusion between the claimants and the insured or the insured does not contest the claim and, further, the tribunal does not, implead the insurance company to contest the claim in such cases it is open to an insurer to seek permission of the tribunal to contest the claim on the ground available to the insured or to a person against whom a claim has been made ..... . as such quantum of compensation, awarded by the tribunal, cannot be challenged by the appellant-insurance company in this appeal in view of the above quoted dictum of the apex court in the case of national insurance co ..... . in the absence of the permission under section 170 of the act, whether the insurer of the offending vehicle can challenge the quantum of compensation in the appeal filed by the insurance company against the award was considered by the apex court in the case of national insurance co ..... . 1/claimant placing reliance on the dictum of the apex court in the case of national insurance co .....

Oriental Insurance Co. Ltd. Vs. Nathaniyal and ors.

Court : Chhattisgarh

Reported in : 2008(3)MPHT82(CG)

..... for the reasons, our answer to the question is that even if no appeal is preferred under section 173 of 1988 act by an insured against the award of a tribunal, it is not permissible for an insurer to file an appeal questioning the quantum of compensation as well as findings as regards ..... a collusion between the claimants and the insured or the insured does not contest the claim and, further, the tribunal does not implead the insurance company to contest the claim in such cases it is open to an insurer to seek permission of the tribunal to contest the claim on the ground available to the insured or to a person against whom a claim has been ..... of the act granted by the tribunal to the appellant-insurance company to contest the claim on all available defences, the appellant-insurance company cannot be permitted to challenge the quantum of compensation or the finding about the negligence in this appeal in view of the dictum of the apex court in the case of national insurance co. ..... - insurance company under section 170 of the act in the high court is of no help to the appellant-insurance company as the permission under section 170 of the act has to be sought in the proceedings pending before the tribunal and not in the appeal against the award ..... fairly and frankly conceded that the appellant-insurance company did not file any application before the tribunal for grant of permission under section 170 of the motor vehicles act (for short 'the act') to contest the claim on all available defences. .....

Sunshine Caterers Pvt. Ltd. Vs. Employees Provident Fund Appellate Tri ...

Court : Chhattisgarh

..... the file of the apfc, raipur for hearing and disposal afresh in accordance with law and also to decide the applicability dispute in accordance with the provisions contained in sub-section (3a) of section 7a of the epf act after holding proper enquiry and after affording reasonable opportunity to the employer and the persons concerned, and to take a final decision on the matters within a period of six months from the date of production / ..... the constitution of india, the petitioner herein has filed these writ petitions questioning the order passed by the employees' provident fund appellate tribunal, new delhi (for short 'the appellate tribunal') dated 11-5-2011 (annexure p-1) in all the four writ petitions by which the appellate tribunal has affirmed the order passed by the assistant provident fund commissioner, raipur, deciding the applicability dispute and consequently, determining the amount due ..... lastly submit that the decision relied upon by the appellate tribunal in the matter of indian banks association (supra) was clearly inapplicable, as in the said case the supreme court was dealing with the matter in the context of wages defined under the industrial disputes act, 1947, while deciding as to whether the deposit collectors were workmen or not and wages in the industrial disputes act is much wider unlike basic wages under the epf ..... , for the period from march, 2004 to june, 2005, provident fund dues were determined by the apfc on ..... has been registered under sales tax act, m.p. .....

Pushyamitra Mishra @ P. M. Mishra and Another Vs. C.B.I., A.C.B. Branc ...

Court : Chhattisgarh

..... trial and the ground projected by learned counsel for the applicants would not fall within the meaning of failure of justice under section 19(3)(a) of the pc act at this stage and thus the learned special judge, cbi is absolutely justified in rejecting the application filed under section 19(1) of the pc act for their discharge by the impugned order leaving the question open for the applicants to be raised at an appropriate stage, in which i do not find ..... 8, 19 and 20 would clearly indicate that the sanctioning authority has not applied its mind to the facts of the case before granting sanction for prosecution against the applicants under section 19(1)(c) of pc act as said authority has blindly signed the draft sanction order which was sent by the cbi officer to the sanctioning authority. ..... trial according to stroud s judicial dictionary means the conclusion, by a competent tribunal, of questions in issue in legal proceedings, whether civil or criminal and according to wharton s law lexicon means the hearing of a cause, civil or criminal, before a judge who has jurisdiction over it, according to the laws of ..... ), maulana azad national institute of technology, bhopal being authority competent to remove the applicants by its order dated 22.11.2012 granted sanction for prosecution against the applicants under section 19(1)(c) of the pc act for the aforesaid ..... state of karnataka ((2005) 4 scc 81), and it has been held as under in ..... matter of commissioner of income tax, new delhi v. m/s. .....